GolfPass Terms and Conditions

GolfPass TERMS & CONDITIONS

International GolfPass Member?View the United Kingdom Terms and Conditions HERE. View the United States of America Terms and Conditions HERE.

Effective date 20 June 2019 (Updated 25 March 2020)

These terms and conditions (Conditions) govern your purchase of your GolfPass Membership and use of your GolfPass Benefits. They include important terms about your rights and obligations, so please read them carefully.Your purchase and/or use of your GolfPass Membership constitutes your acceptance of these Conditions, including your express agreement and request that we start providing you with your GolfPass Benefits within your 14-day cancellation period.These terms apply to GolfPass Members who reside in Australia only.1 YOUR GolfPass

1.1 GolfPass enables you to access benefits aimed at connecting you to every aspect of the game of golf, including WATCH, PLAY, LEARN, SHOP AND TRAVEL (GolfPass Benefits). All the GolfPass Benefits are set out in more detail on the GolfPass Website (Website), the GolfPass mobile app (App) plus Condition 8 below. We also advise you to review the GolfPass FAQs.

1.2 GolfPass is brought to you GOLFNOW, LLC (We, Us, GOLF). We are part of the NBC Sports Group which includes: GOLF Channel, GOLFNOW, ISEEKGOLF by GOLFNOW, GOLF Advisor, GOLF Channel AmTour (GOLF Brands).

1.3 In addition to these Conditions you are referred the GolfPass Website Terms of Use which are incorporated by reference and govern your use and access to the Website and App.

1.4 Some of the GolfPass Benefits are provided by some of the GOLF Brands and other third-party partners. From time to time, we will provide links on the Website to the GOLF Brands or the relevant third-party partners and any such use will be subject to the GOLF Brand and/or third-party’s applicable terms and conditions and/or terms of use.

1.5 Where there is a conflict between any additional terms, and these Conditions, then these Conditions shall take precedent.

2 HOW TO GET GolfPass

ELIGIBILITY

2.1 To purchase GolfPass you must:

· Have a GOLF Account and be signed in;

· Be over 18 years old (anyone under the age of 18 may only utilise the Benefits with permission from a parent or legal guardian under such persons GOLF Account);

· Have a credit or debit card that we accept; and

· Be authorised to use that credit or debit card.

YOUR GOLF ACCOUNT

2.2 If you already have an account with any of our GOLF Brands you can sign into GolfPass using those same credentials.

2.3 Alternatively sign up to GolfPass by registering for an account on the Website/App. This will create your GOLF Account for all our GOLF Brands so that you can access the GolfPass Benefits utilising the same account credentials.

2.4 Once you have a GOLF Account, stay logged in, select your GolfPass Membership plan, which you can purchase via credit or debit card (Payment Method).

3 GolfPass MEMBERSHIP FEES

3.1 We currently offer four membership models, (1) Monthly GolfPass, (2)Annual GolfPass , (3) Annual GolfPass+ and (4) GolfPass Video. The current pricing and benefits of each model is advertised on the Website/App.

3.2 3.2 Monthly GolfPass and ANNUAL GolfPass will enable you to receive the full range benefits of a GolfPass Member (including WATCH, LEARN, PLAY, TRAVEL & SHOP benefits). GolfPass+ will entitle you to the full range of benefits including a Golf Australia Official Handicap. GolfPass Video will entitle you to the exclusive video content under the WATCH & LEARN benefits only.

4 GolfPass MEMBERSHIP DURATION

4.1 Your GolfPass Membership will start on the day you make your purchase and will end:

(a) if you cancel in your cooling off period (see Condition 6); or

(b) you tell us you want to cancel by following the steps the Condition 4.2; or

(c) we use our rights to terminate your GolfPass Membership under Condition 12.

4.2 Subject to Condition 5, you can cancel your GolfPass membership at any time, by notifying us via your GOLF Account profile, contacting our Customer Support Team by sending us an email to [email protected].

4.3 Your GolfPass will automatically renew at the end of your current membership period. Unless you notify us before the next payment due date (by contacting us or by turning off “auto-renewal” in your GOLF Account profile), we will charge (where applicable) the Monthly GolfPass fee or Annual GolfPass fee or Annual GolfPass+ fee or GolfPass Video fee (as advertisement on the Website/App) using your preferred Payment Method.

4.4 If your preferred Payment Method becomes invalid during your membership period, or if the charge is refused for any other reason outside our control, you must provide us a new eligible payment method within seven (7) days of the Payment Method becoming invalid or your GolfPass Membership will be cancelled, and you will no longer be entitled to use or access your GolfPass Benefits. If there is a problem charging your default payment method, we may charge any other valid payment method associated with your account.

5 REFUNDS

5.1 If you have the Monthly GolfPass Membership, unless otherwise agreed or required by law, you will not be entitled to a refund of any fees paid. You will receive your GolfPass Benefits up to the end of your next monthly period in which you have notified us or your request to cancel.

5.2 Subject to Condition 5.3, if you have the Annual GolfPass Membership, you may be eligible for a partial refund, depending on the Benefits used by you in the current Membership period.

5.3 Unless otherwise agreed or required by law, you will not be entitled to any refund for any GolfPass Benefits you have used, any Additional Payments (see Condition 9 below) you may have made, and may have to pay for the market value of any Sign-up Offers (see Condition 7 below) you may have received.

6 YOUR CANCELLATION RIGHTS

6.1 By creating a GOLF Account and purchasing your GolfPass Membership (including via a Free Trial), you expressly agree and request that we start providing you with your GolfPass Benefits within your 14-day Cancellation Period.

6.2 Regardless of the Conditions above, you have the right to cancel your GolfPass Membership within the first fourteen (14) days of purchase (14-day Cancellation Period).

6.3 If you have not used any of your GolfPass Benefits in the current membership period, we will refund the fees you have paid for the current membership period in full. Otherwise, we will issue you a partial refund based on your use of your GolfPass Benefits during that time by you.

6.4 To withdraw within the 14-day Cancellation Period, you can contact Customer Services via phone or email.

7 FREE TRIALS & SIGN-UP OFFERS

7.1 Your GolfPass Membership may start with a free trial (Free Trial). The duration of your Free Trial will be specified during the sign-up process. You will be required to provide a Payment Method in order to commence your Free Trial. If you do not cancel before the Free Trial ends, we will automatically charge you the agreed price at the end of the Free Trial using the Payment Method.

7.2 Your Free Trial does not affect your right to the 14-Day Cancellation Period, however, unless the Free Trial is for more than 14-days, you agree that the 14-Day Cancellation Period ends fourteen (14) days after you start the Free Trial.

7.3 Any Free Trial is subject to eligibility to be determined by us at our sole discretion. We reserve the right to revoke the Free Trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent GolfPass membership to determine eligibility, as to prevent any Free Trial offer abuse.

7.4 From time to time, we may offer new GolfPass Members sign-up offers, which may include discount/promo codes or products from us or our partners (Sign-up Offers). These Sign-up Offers are subject to the following:

(a) Unless otherwise stated, Sign-up Offers will only apply if you purchase an Annual GolfPass Membership or GolfPass+ Membership;

(b) Offers may only be available to new GolfPass Members (or those upgrading their membership);

(c) Offers will be sent to (where applicable) your e-mail address or home address registered with your GOLF Account only;

(d) If you cancel your GolfPass Membership you may be charged the market value for any Sign-up Offer received or (where applicable) return the Sign-up Offer including paying the postage (see above);

(e) There is no cash alternative for Sign-up Offers and they cannot be replaced if lost or stolen;

(f) We reserve the right to remove the offer at any time;

(g) (where applicable) Sign-up Offers are subject to our Partners' terms and conditions; and

(h) Unless otherwise stated, upon the purchase of your Annual GolfPass Membership or GolfPass+ Membership, you will receive your Sign-up Offers within fourteen (14) days. If you have not received your Sign-up Offers, please contact our Customer Service Team.

8 GolfPass MEMBERSHIP BENEFITS

8.1 Each GolfPass Membership type provides different benefits. The GolfPass Benefits are set out on our Website/App. Where applicable within your chosen model, the following terms apply to the specific GolfPass Benefits:

8.2 WATCH & LEARN BENEFITS (video content only):

(a) GolfPass Members will be given access to watch and stream certain video content made available by us via the GolfPass Website/App, on your PC, laptop, mobile, web-enabled and any other authorised device (Device), provided any such Device has a connection to the internet, including the latest versions of any browsers and operating systems.

(b) Your use and access of the video content is for your own private use only.

(c) For further details and more information on your WATCH &LEARN Benefits, please see GolfPass Benefits FAQs.

(d) Further limitations and restrictions are all set out in the Terms of Use.

8.3 PLAY BENEFITS

Subject to Condition 9, if your GolfPass Membership includes PLAY benefits you will be entitled to receive:

(a) NO BOOKING FEES

(i) When you book a round of golf (including Hot Deals) on GOLFNOW or ISEEKGOLF you will not have to pay any booking fees made under your GOLF Account (usually one dollar ($1) per player per booking).

(b) EXCLUSIVE DISCOUNTS ON GOLFNOW / ISEEKGOLF

(i) Every month you will receive one (1) exclusive discount code (PLAY Promo Code). Subject to Conditions 8.5 to 11.7 inclusive, the PLAY Promo Code will entitle you a discount of up to twenty-five dollars ($25) when you purchase a Hot Deals tee time on GOLFNOW.

(ii) Your GolfPass PLAY Benefits are subject to the GOLFNOW Terms and Conditions.

(iii) The PLAY Promo Code will be available in your Golf Account. If you have not received the PLAY Promo Code in any given month, please contact Customer Support.

8.4 The PLAY Promo Code:

(a) Must be used within thirty (30) days of being issued to you, and will not transfer, roll-over, cannot be resold, has no cash value, cannot be refunded or credited;

(b) Will only be valid for one (1) time use against one (1) individual Hot Deals tee time (for example: if you book a 4-ball, your Tee Time Credit will only apply against one (1) of the tee times and you will be responsible to pay for the remaining three (3) players at the full advertised price); and

(c) Cannot be combined with any other offers, promotions, coupons, or discounts;

8.5 As the PLAY Promo Code is for a fixed amount ($25) if the purchase price for the Hot Deals booking is:

(a) more than or equal to $25.01, you will be responsible to pay the difference of the total price so your booking can be processed; or

(b) less than or equal to $24.99, the remaining balance will be forfeited.

8.6 Please note the Hot Deals offered by GolfNow are limited so there is no guarantee that your PLAY Promo Code can be used against desired Hot Deals, so booking as early as possible is advised to avoid disappointment. Hot Deals tee times are only available at some participating Golf Courses and are subject to change at any time.

8.7 SHOP

(a) DISCOUNT ON OTHER SHOP GOODS/SERVICES

(i) Subject to Condition 9 and if your GolfPass Membership includes SHOP benefits, from time to time you will be eligible to receive Discounts from third party partners we engage with. Any such Discounts will be set out on the Website/App.

8.8 TRAVEL

(a) DISCOUNT ON TRAVEL(i) Subject to Condition 9 and if your GolfPass Membership includes TRAVEL benefits, you will be eligible to receive Discounts towards the purchase of golf holidays and/or trips booked. These may be from GOLF Advisor or other third party partners, from time to time.(ii) You are responsible for paying any difference of any Additional Payment required to complete your purchase. Any remaining balance will be forfeited and cannot be transferred, credited or rolled over. Any Discount on booking costs has no cash value and cannot be used for any other purpose.(iii) You may be required to register an account with a third party partner offering the Discount and you may need to prove that you are a GolfPass Member.

8.9 GolfPass+ BENEFITS AND GOLF AUSTRALIA HANDICAP

(a) Subject to Condition 9, where you purchase GolfPass+ you will be entitled to a Golf Australia Handicap. In order to have a Golf Australia Handicap, you must have an Australian address and you may be required to register an account with Golf Australia and pay for any additional membership fees that may be applicable. Your Golf Australia Handicap is managed and administered by Golf Australia and is subject to any stipulated terms and conditions on their website or otherwise.

(b) In addition to your Golf Australia Handicap, you are also entitled to personal liability insurance, which is issued and administered by Sportscover Australia.

9 ADDITIONAL PAYMENTS AND TERMS

9.1 From time to time GolfPass Benefits may provide you with special promotions, offers, credits and discounts (Discounts) (this may include exclusive GolfPass Membership pricing of goods, products, travel packages, training videos etc.) to be used to purchase goods/services from our GOLF Brands and/or our third-party partners. Where this is the case you acknowledge and accept that you may be required to make a purchase and/or contribute a payment to receive the full benefit of the Discounts.

9.2 Where you make a purchase utilising any Discounts from our GOLF Brands or third-party partners, you acknowledge that any such purchases are subject to any additional terms and conditions of sale imposed by that GOLF Brand and/or third party partner, including any returns and cancellation policies that they may impose.

9.3 Unless otherwise stated, any remaining balance of any Discounts will be forfeited and cannot be transferred, credited or rolled over.

9.4 Any Discounts (such as shipping cost discount applicable to the SHOP Benefit, golf school discount applicable to the LEARN Benefit, and golf travel credits applicable to the TRAVEL Benefit), have no cash value; cannot be used for any other purpose than stated, transferred, credited or rolled over.

9.5 Any Discounts are subject to availability and may be revoked by us or the third party partner at any time without notice.

10 COMPLAINTS & CUSTOMER SERVICE

10.1 We are committed to delivering excellent customer service. Where you are not happy with your service we want to ensure we will do all we can to rectify that. Please contact our Customer Service Team by email on [email protected]

10.2 Nothing in these Terms shall affect any of your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau, Trading Standards Office or Consumer Protection Office.

11 GolfPass PRIVACY & DATA PROTECTION

11.1 We take our responsibilities and obligations in respect of data protection extremely seriously. Please see our Privacy Policy to find out more information about how we collect and use your personal data through the Website/App and your GolfPass Membership.

11.2 You should also review our Cookies Policy and Terms of Use for information regarding how and why we use cookies, including to improve the quality of the Website/App and your user experience, perform analytics, personalise advertising, measure advertising performance and remembering website preferences.

11.3 Please visit our Privacy Policy for additional information on your rights to data access, deletion, objection and portability, as well as applicable retention periods.

12 OUR RIGHTS

12.1 We may terminate or suspend (in whole or part) without any liability, your GolfPass Membership and access to your GolfPass Benefits if we consider in our sole discretion that:

(a) Your use of your GolfPass Membership is in breach of these Conditions or any other applicable terms and conditions referred to;

(b) You have or attempted to sell and/or distribute, in whole or part, any of your GolfPass Benefits to third parties;

(c) You abuse or attempt to abuse, any of your GolfPass Benefits (such as abusing code redemptions); and/or

(d) Undertake an activity which, in our sole opinion, constitutes misuse or abuse of the Website/App, or Your Account;

12.2 Whilst we will try to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website/App itself will be free from errors or omissions, including incorrect advertised prices.

12.3 Access to the Website/App and the GolfPass Benefits may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

13 OUR LIABILITY TO YOU

13.1 To the maximum extent permitted by law, we shall not be liable for:

(a) Any damage, loss, liabilities or disappointment incurred or suffered by you or anybody else in connection with your GolfPass Membership, use of the Website/App or otherwise;

(b) Any failure to comply with our obligations where the failure is caused by something beyond our reasonable control; or because you are in breach of your obligations; or something you have failed to do that prevents us from fulfilling our obligations;

(c) Any delay, failure or error by any third-party provider (including for example your internet service provider, our golf course partners, delivery/courier services that deliver goods) in respect of delivering any of the GolfPass Benefits; or

(d) Any Additional Payments you make or for any purchases made on either a GOLF Brand site and/or third party site, where you may have used a promotion, discounts or offer via your GolfPass Memberships.

13.2 OUR TOTAL LIABILITY TO YOU

(a) Our total liability to you in respect of all other losses arising under or in connection with your GolfPass Membership, to the extent permitted by law shall not exceed the greater of $200 or the total amount you have paid to us for your GolfPass Membership for the previous twelve (12) months.

(b) Nothing in these Conditions excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

14 GENERAL LEGAL TERMS

14.1 We reserve the right, at any time and in our sole discretion, to add to or amend these Conditions. Any amendment shall be published on the Website/App and where possible communicated to you via the email registered with your GOLF Account.

14.2 All GolfPass Benefits are subject to availability and from time to time we may choose in our sole discretion to add, substitute or remove any of the GolfPass Benefits.

14.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Conditions will not be interpreted as a waiver of your or our rights or remedies.

14.4 You may not transfer or assign your GolfPass Membership or any GolfPass Benefits, including promotion codes for GolfPass memberships or benefits, except as allowed in these terms.

14.5 These Conditions and your GolfPass Membership shall be subject to the laws of New South Wales, and you submit to the exclusive jurisdiction of the courts of New South Wales.

15 ABOUT US

15.1 GolfPass is operated GOLFNOW, LLC, a Florida limited liability companies based in the United States, with offices at 7580 Golf Channel Drive, Orlando, Florida 32819.

15.2 For GolfPass Members in Australia, our Customer Service Team can be contacted at:

Post: GolfPass CUSTOMER SERVICE TEAM

c/o BRS GOLF Limited, City Quays 17 Clarendon Road, Belfast, Northern Ireland, BT1 3BG

Email: [email protected]