Terms of Use

Effective Date: 1 May 2026

Mode Golfer Pty Ltd (ACN 688 799 073) trading as Mode Golfer (“us”, “we”, “our” or “Mode Golfer”), an online retailer of golf apparel and accessories.

Our website is located via the domain https://modegolfer.com/ and includes all the files located in that domain (the “Site").

1 Acceptance of Terms

1.1 By accessing this Site, and/or using our services as offered through the Site, including but not limited to:

(a) accessing the Site and/or creating an Account;

(b) using the Site’s features and associated software, networks, and processes;

(d) participating in Mode Golfer’s marketing and promotional communications,

you agree to be bound by these website terms of use ("Terms").

2 Use of Our Site

2.1 Your use of this Site is subject to these Terms. The Terms constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Terms, our Privacy Policy, our Refund Policy and any other policy displayed on the Site, all of which constitute a part of the Terms. If you do not agree to the Terms, you must not use the Site.

2.2 Any time you visit the Site or use any of the features on the Site, you are taken to accept these Terms.

2.3 We may amend or modify the Site, the Products, the Terms and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Terms as modified.

Legal capacity to transact

2.4 You must be at least 18 years of age to place an Order through this Site, or if you are under 18 years of age, you may only place an order with the consent of your parent or legal guardian.

2.5 By placing an Order, you represent and warrant to Mode Golfer that either:

(a) you are at least 18 years old and are legally capable of entering into a binding contract; or

(b) you are under 18 years of age and have obtained the consent of your parent or legal guardian to place the Order.

2.6 Mode Golfer reserves the right to cancel or void any Order if it reasonably believes that the purchaser lacks the legal capacity to enter into a binding contract. Should Mode Golfer suffer any loss as a result of a transaction entered into by a minor without proper consent, Mode Golfer reserves the right to seek compensation from the minor’s parent or guardian.

3 Restrictions on use

Prohibited conduct

3.1 Your use of this Site is subject to the rules set out in Schedule 1 below.

Violations of these Terms

3.2 Without limiting any other remedies available to Mode Golfer at law or in equity, Mode Golfer reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Products to you if:

(a) you breach any provision of these Terms;

(b) Mode Golfer is unable to verify or authenticate any information that you provide to us;

(c) Mode Golfer believes that your actions may cause harm, damage, and/or legal liability to Mode Golfer, any of its customers or suppliers or any other person; and/or

(d) remove or block access to any information and/or materials (in whole or in part) that Mode Golfer, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.

Indemnity

3.3 You indemnify and hold harmless Mode Golfer and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and Consequential Losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

(a) any material or information that you submit, post, transmit or otherwise make available through this Site;

(b) your use of, or connection to, this Site; or

4 Registration and Account Security

Requirement for registration

4.1 Mode Golfer reserves the right to make any parts of this Site accessible only to Users who have registered an Account.

Username and password

4.2 Upon registering an Account with this Site, you may be required to provide a username and password to access your Account. You are responsible for maintaining the security of your password for this Site. Mode Golfer will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Mode Golfer will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.

4.3 You must notify Mode Golfer immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

4.4 In Order to register an Account with this Site, you must agree to these Terms, and you must provide Mode Golfer with the following information:

(a) a valid email address;

(b) accurate billing and contact information; and

4.5 You must promptly update this information to maintain its accuracy at all times.

4.6 You represent and warrant to Mode Golfer that all information provided to us by you, including the information provided by you through our Account registration module or entered into your Account profile, is true, complete, not misleading, and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple Accounts and automated Account opening

4.7 You must not create more than one Account on the Site. Accounts created using automated means, including bots or scripts, are prohibited.

Approval of registrations

4.8 Mode Golfer reserves the right to accept or reject any application for the registration of an Account on the Site at its absolute discretion and without providing reasons

5 Retail Model and Product Supply

5.1 Mode Golfer operates the Site as a retailer. Mode Golfer purchases Products from independent third-party suppliers (“Brands”) and sells those Products directly to customers through the Site.

5.2 By placing an Order through the Site, you acknowledge and agree that:

(a) Mode Golfer is the seller of record for all Products sold through the Site; and

(b) the contract for the sale of Products is between you and Mode Golfer.

5.3 Mode Golfer takes possession of and title to Products prior to sale. Title to Products passes from Mode Golfer to you at the time of dispatch, or at such other time as required under applicable law.

5.4 Mode Golfer is responsible for fulfilling and dispatching Orders and for complying with its obligations as a retailer under the ACL, including in relation to consumer guarantees.

5.5 Nothing in these Terms excludes or limits any rights or remedies you may have under the ACL that cannot lawfully be excluded or limited.

Mode Golfer Branded Products

5.6 In addition to acting as a retailer, Mode Golfer may offer Products that are designed, manufactured, branded or owned by Mode Golfer (“Mode Golfer Branded Products”).

5.7 Where a Product is a Mode Golfer Branded Product, Mode Golfer is both the retailer and the manufacturer for the purposes of the ACL and is responsible for compliance with all applicable consumer and product safety obligations.

Third-Party Brand Products

5.8 For Products that are not Mode Golfer Branded Products, Mode Golfer acts as the retailer, and the relevant Brand remains responsible as the manufacturer where applicable for the purposes of the ACL, including in relation to manufacturing defects, product safety and compliance with applicable laws.

5.9 Any manufacturer warranties provided by a Brand are in addition to, and do not limit, your rights against Mode Golfer as the retailer under the ACL.

Product Information

5.10 Product descriptions, images, specifications and other information made available on the Site may be based on information provided by Brands. Mode Golfer takes reasonable steps to ensure that Product information is accurate and not misleading, however minor variations may occur.

Brand Product Compliance

5.11 Each Brand represents and warrants to Mode Golfer that all Products supplied to Mode Golfer are:

(a) genuine and not counterfeit;

(b) compliant with all applicable Australian laws, including product safety and labelling requirements;

(d) safe and suitable for retail sale in Australia.

5.12 Mode Golfer may cease offering or remove any Product from the Site where it reasonably believes a Brand has breached this clause.

6 Orders

Placing an Order

6.1 Any User, regardless of whether they have a registered Account, may place an Order by following the instructions on the Site.

6.2 By placing an Order through this Site, you make an irrevocable offer to purchase the Products that you have selected pursuant to these Terms.

6.3 Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Products to you – however, Mode Golfer will use reasonable efforts to supply your selected Products to you.

6.4 We will not commence processing any Order made through this Site unless and until: 

(a) payment for the Order has been received by us in full; and 

(b) the Order has passed our internal validation procedures, which are undertaken to verify the bona fides of each Order for the purpose of preventing credit card and other fraud. 

Promotions and Discount Codes

6.5 From time to time, Mode Golfer may offer promotional discounts, coupon codes, sales or other offers (collectively, “Promotions”). All Promotions are subject to their own terms and conditions, which will prevail to the extent of any inconsistency with these Terms.

6.6 Promotions:

(a) are non-transferable;

(b) cannot be redeemed for cash;

(d) may be withdrawn, extended or amended at Mode Golfer’s absolute discretion without notice; and

(e) cannot be applied retroactively to Orders already placed.

6.7 Mode Golfer reserves the right to void any Promotion used in a manner inconsistent with its terms, including where Mode Golfer reasonably believes that the Promotion has been obtained fraudulently, used in an unauthorised manner or applied to bulk or commercial purchases.

Acceptance of Orders

6.8 Acceptance of each Order will take place when Mode Golfer notifies you in writing that your Order has been accepted via email.

6.9 Mode Golfer reserves the right at its discretion to:

(a) At any time prior to your Order being accepted in accordance with these Terms, cancel all or part of your Order; and

(b) At any time:

(d) Terminate your access to this Site; and/or;

(e) Remove or edit any content on this Site.

6.10 Examples of some of the grounds upon which we may elect to reject an Order include, but are not limited to, the following:

(a) The Products you have selected are not in stock; 

(b) The Products are listed at an incorrect price or with incorrect information due to any oversight;

(d) There is a duplication of the Order in error; 

(e) Authorisation of payment cannot be obtained; 

(f) The Order is for or appears to be for retail or commercial use; or 

(g) Delivery is requested to any address outside of our delivery area. 

6.11 Once an Order has been placed online via our Site, and such Order has been accepted by us, the terms of this purchase cannot be varied unless Mode Golfer and the Customer come to an agreement in writing.

6.12 Mode Golfer’s primary form of communication with Customers is via e-mail. Accordingly, Customers acknowledge and agree that it is their sole responsibility to ensure that the correct contact details are entered when placing an Order and that the nominated e-mail address is regularly checked for correspondence. It is preferential that the Customer populate the field requesting their mobile phone number to ease the delivery process.

Order Cancellation (Before Dispatch)

6.13 You may request to cancel an Order at any time before Mode Golfer has dispatched the Product. Mode Golfer does not guarantee a cancellation request will be accepted. If Mode Golfer confirms the Product has not been dispatched, the Order will be cancelled and any amounts paid will be refunded to your original payment method. If the Product has already been dispatched, the Order cannot be cancelled and you must follow the returns process.

Product Specifications

6.14 The features, specifications, sizing, colours and availability of Products displayed on the Site may change from time to time. While Mode Golfer uses reasonable efforts to ensure the accuracy of Product descriptions, colours and textures may vary depending on screen settings and manufacturing processes.

6.15 You acknowledge that minor variations in colour, texture, weave, print placement, measurements or other characteristics may occur between the Products and their images or descriptions on the Site due to differences in screen resolution, manufacturing tolerances, fabric behaviour or photographic lighting. Such variations do not constitute a defect in the Product and do not entitle you to a refund, replacement or repair, except to the extent required under the ACL.

Products out of stock

6.16 From time to time when a Product is out of stock, Mode Golfer shall indicate this on the Site and shall use reasonable efforts to restock the Product. Mode Golfer reserves the right to remove any Products from the Site at any time at their absolute discretion.

6.17 Stock levels displayed on the Site are controlled by Mode Golfer. Mode Golfer does not guarantee the availability of any Product and is not responsible for inaccuracies in stock information.

Product Listings and Paid Placements

6.18 Products displayed on the Site may be Ordered or ranked based on a range of factors, including relevance, availability, newness and customer browsing behaviour. Mode Golfer may also offer Brands paid promotional opportunities, including featured placements or boosted visibility (“Paid Placements”).

6.19 Where Paid Placements are used, Products may be prioritised or displayed in a more prominent position. Paid Placements do not influence the price of any Product.

Multi- Product Orders

6.20 Where an Order includes multiple Products, Mode Golfer is responsible for the fulfilment and dispatch of the Order. Products included in the same Order will generally be shipped together; however, Mode Golfer may, where reasonably necessary, dispatch Products separately.

6.21 Delivery timeframes are estimates only and may vary depending on Product availability and delivery location.

Internet Connection and Delays

6.22 Mode Golfer is not responsible for Orders that are declined or disrupted due to poor internet connection or delays caused by circumstances beyond Mode Golfer’s reasonable control. Mode Golfer is entitled to a reasonable extension of time for the performance of any affected obligations.

Returns, Refunds and Replacement of Products

6.23 Returns, refunds and replacements are provided in accordance with our Refund Policy, available at: https://modegolfer.com/pages/returns-refunds.

6.24 If you receive a faulty, damaged or incorrect Product, Mode Golfer is responsible for managing returns, refunds or replacements in accordance with the ACL and our Refund Policy. Returned Products must be sent to Mode Golfer (or its nominated returns address), and not to any Brand, unless Mode Golfer advises otherwise.

6.25 Mode Golfer is responsible to customers for providing remedies required under the ACL, including repair, replacement or refund. Where a Brand is the manufacturer of a Product for the purposes of the ACL, that Brand may also have separate obligations as a manufacturer, which do not limit your rights against Mode Golfer as the retailer.

7 Shipping and Delivery

7.1 Mode Golfer is responsible for preparing, dispatching and delivering Orders, either directly or through third-party carriers. Delivery timeframes and shipping methods may vary. Mode Golfer is not responsible for delays caused by any third-party carriers, customs processing, public holidays, Product availability or other events beyond Mode Golfer’s reasonable control.

7.2 Dispatch times may vary according to Product availability, public holidays, and circumstances beyond Mode Golfer’s reasonable control. Mode Golfer will not be liable for any delay in delivery caused by a third-party carrier, customs processing, or any other event outside Mode Golfer’s control.

7.3 You are responsible for ensuring that the delivery address provided is accurate and complete. Mode Golfer will not be liable for Orders delivered to an incorrect address due inaccurate information provided by you.

7.4 Risk in the Products passes to you upon delivery to your nominated delivery address, or upon collection by you or your agent (including any courier you engage directly). Title to the Products passes directly from Mode Golfer to the Customer upon Mode Golfer’s receipt of payment for the Order.

7.5 Where you request authority to leave or otherwise instruct a courier to leave the Products unattended at the delivery location, you assume all responsibility and risk for any loss, damage or theft of the Products from the time they are delivered.

8 Payments

GST Inclusive

8.1 The prices for our Products as set out on the Site are inclusive of GST and may be amended or modified by Mode Golfer without notice from time to time.

8.2 Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Online Billing

8.3 Mode Golfer conducts its payment transactions through a Payment Gateway and may elect to use any other Payment Gateway from time to time in its absolute discretion. Payments made through any Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms.

8.4 Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in Order to process your Order (e.g., your name, email address and billing address).

8.5 Mode Golfer does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Mode Golfer, through the Payment Gateway to charge your payment method for the total amount of your Order.

Credit and debit card payments

8.6 We accept the following methods of payment: Visa, MasterCard, American Express, UnionPay, Apple Pay, Google Pay, Shop Pay and PayPal. Please note that we may, in some cases, refuse to accept certain credit cards issued by banks outside of Australia. Mode Golfer may from time to time, at its absolute discretion, and where permitted by law and clearly disclosed at checkout, charge additional transaction fees for credit card payments.

Security

8.7 While our Payment Gateway and website hosting providers employ secure technology, Mode Golfer is not responsible for any loss or damage (including Consequential Loss) suffered by a Customer as a result of their credit card, debit card or bank account information being used fraudulently or without authorisation by any person other than Mode Golfer.

8.8 Mode Golfer may request additional information from you, such as identification documentation, as part of our fraud-prevention procedures. Your Order will remain pending until these checks have been completed. If requested information is not provided within the time specified by Mode Golfer, your Order will be cancelled and any payment received will be refunded.

9 Intellectual Property

9.1 In these Terms, the term "Proprietary Content" means:

(a) this Site;

(b) all of its content (including text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof);

(d) all software, systems and other information owned or used by Mode Golfer in connection with the services offered through this Site (whether hosted on the same server as this Site or otherwise).

9.2 All Proprietary Content is the property of Mode Golfer or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not, distribute, reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of Mode Golfer or other copyright owner as applicable.

9.3 You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

9.4 The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Mode Golfer. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Mode Golfer.

User Content

9.5 In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any User, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

9.6 This Site contains some features that enable you and other Users to upload User Content. Mode Golfer reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

(a) represent and warrant to Mode Golfer that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and

(b) grant to Mode Golfer a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Mode Golfer absolute discretion.

Copyright claims

9.7 If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court Order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

No Reverse Engineering

9.8 The Customer shall not disassemble, decompile, or reverse engineer the Site or any software used in connection with the Site, or attempt to or assist any third party in doing so.

10 Third Party Sites

10.1 From time to time, the Site may contain links to third-party websites or resources. These third-party websites are not under the control of Mode Golfer, and Mode Golfer accepts no responsibility and assumes no liability for the content, privacy practices, functions, accuracy, legality or appropriateness of any such website, any link contained in a linked website, or any changes or updates to such websites. Accessing any third-party website is at your own risk and subject to the terms and conditions of use of the relevant third party. Any link to a third-party website is provided for convenience only and does not constitute an endorsement, approval or recommendation by Mode Golfer of the owners or operators of such websites.

10.2 You acknowledge and agree that Mode Golfer is not responsible or liable, directly or indirectly, for any loss or damage whatsoever that is caused by, arises from or is in connection with your access to, use of or reliance upon any content, goods or services available on or through any third-party website.

11 Confidentiality

11.1 You must not misuse or disclose any confidential information made available to you through the Site, including non-public information relating to Mode Golfer’s business operations, except as permitted by law or with Mode Golfer’s prior written consent.

11.2 However, these obligations of confidentiality do not apply to any disclosure that:

(a) is required to be disclosed by law;

(b) is already publicly available other than through a breach of these Terms; or

12 Social Media

12.1 You acknowledge and agree that the information contained on our Site and other associated Mode Golfer social media channels, including but not limited to, Facebook, X, LinkedIn, Pinterest, Threads, YouTube, Instagram or TikTok is for general information only. While we endeavour to keep the information up to date Mode Golfer makes no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Site and other related Mode Golfer social media channels.

12.2 You agree that Mode Golfer nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Site and any other related Mode Golfer social media channels.

13 Product Care and Use

13.1 Customers are responsible for reviewing and following all care instructions provided with the Products. Mode Golfer is not liable for any damage, shrinkage, discolouration or other deterioration resulting from failure to follow care instructions, improper laundering, misuse or normal wear and tear.

13.2 Any styling, sizing, material or fit information provided on the Site is for general guidance only. Variations may occur depending on manufacturing processes, fabric characteristics and individual use.

13.3 Nothing on the Site constitutes professional advice. If you require specific guidance regarding fabric care, garment suitability or material sensitivities, you should consult a qualified professional.

14 Disclaimer of Warranties

14.1 Mode Golfer is the seller of record for all Products sold through the Site and is responsible for providing warranties and remedies required under the ACL. Product descriptions, images, specifications and representations may be based on information provided by the applicable Brand. While Mode Golfer takes reasonable steps to ensure that Product information is accurate and not misleading, minor variations may occur. Where a Brand is the manufacturer of a Product for the purposes of the ACL, that Brand may also remain responsible for its obligations as a manufacturer, including ensuring compliance with applicable consumer, labelling and product-safety laws.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODE GOLFER AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THE SITE, THE PRODUCTS AND ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

14.3 The Site is provided strictly on an “as is” and “as available” basis. To the maximum extent permitted by law, Mode Golfer and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, accuracy, availability or completeness of the Site or any of its content, and in particular do not warrant or guarantee that:

(a) your use of the Site will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data;

(b) this Site will meet your requirements or expectations;

(c) anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;

(d) the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;

(e) errors or defects will be corrected; or

(f) this Site or the servers that make it available are free of viruses or other harmful components.

Nothing in these Terms excludes or limits your rights under the ACL.

15 Limitation of liability

Exclusion of liability

15.1 To the maximum extent permitted by law, Mode Golfer and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any Loss, cost, expense, Claim or damage (whether arising in contract, tort (including negligence), statute, equity or otherwise and including any Consequential Loss, indirect, incidental, special, punitive or exemplary loss, loss of profits, loss of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or your use of, or inability to use, the Site or the Products.

Remedies limited

15.2 To the maximum extent permitted by law, Mode Golfer and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty implied by law to one of the following remedies (the choice of which is at Mode Golfer’s sole discretion):

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of the goods;

(d) the payment of the cost of having the goods repaired.

Release

15.3 You agree that your use of the Site is at your own discretion and risk. You agree that you will be personally responsible for your use of the Site and you release Mode Golfer and its Representatives from any Claim, demand or cause of action arising out of or in connection with these Terms or your use of the Site. Mode Golfer may plead this release as a bar and complete defence to any Claims.

Force majeure

15.4 To the maximum extent permitted by law, Mode Golfer and its Representatives are not liable for any delay, failure or inability to perform their obligations under these Terms where such delay or failure is caused by circumstances beyond Mode Golfer’s reasonable control, including but not limited to natural disasters, war, labour disputes, government restrictions, pandemics, transport delays, supply chain interruptions or failures of telecommunications or internet services. Mode Golfer will be entitled to a reasonable extension of time to perform its obligations. The benefit of this clause is held by Mode Golfer for itself and as agent and trustee for its Representatives.

16 General

Notifications

16.1 Mode Golfer may provide any notification for the purposes of these Terms by email.

Email

16.2 You agree that you are responsible for ensuring that content provided to you by Mode Golfer via email is not collected in your own junk or spam filters and Mode Golfer shall not be held liable or accountable for any loss of communication if this is the case.

16.3 You have the option to discontinue receiving communication and/or emails from Mode Golfer by unsubscribing from our email communications at any time.

Costs

16.4 Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

Assignment

16.5 You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Mode Golfer’s prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.

16.6 Mode Golfer may assign, transfer or sub-contract any of our rights or obligations under these Terms or any other policy on our Site at any time without your consent and without notice to you.

Third Party Rights

16.7 The agreement is between you and us and no other person shall have any rights to enforce any of its Terms.

Set-off

16.8 The Customer shall not have the right to set-off any amounts owing for a default in payment in any Claim, suit or proceeding brought by Mode Golfer against the Customer. Mode Golfer reserves the right to rely on this clause in bar of any proceeding for set-off.

No waiver

16.9 Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Mode Golfer to act with respect to a breach by you or others does not waive Mode Golfer’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

16.10 The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

Variation

16.11 Mode Golfer reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments.

Dispute Resolution

16.12 The parties (being Mode Golfer and any Customer or User) agree:

(a) to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;

(b) any agreement reached between the parties must be reduced to writing and will be binding on the parties;

(c) where a dispute cannot be resolved informally as between the parties, and a period of ten (10) Business Days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and

(d) such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.

16.13 The parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms cannot be resolved.

16.14 If a dispute arises in relation to a Product sold through the Site, Mode Golfer is responsible for managing the dispute with the Customer in accordance with these Terms and the ACL. Where a Brand is the manufacturer of a Product for the purposes of the ACL, that Brand may also remain responsible for its obligations as a manufacturer, which do not limit the Customer’s rights against Mode Golfer as the retailer

Entire Agreement

16.15 These Terms together with our Privacy Policy and Refund Policy, set out the entire agreement between you and us in respect of your use of our Site and the Products and supersede all previous agreements, understandings and negotiations

Governing law and jurisdiction

16.16 These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and the courts of appeal from them.

Contact Us

16.17 For any general enquiries or concerns related to these Terms or our Site, you may contact us at customercare@modegolfer.com or via the details as referenced on our Contact Us page on our Site.

17 Definitions and Interpretation

Definitions

17.1 The following definitions apply in these Terms unless the context requires otherwise:

Account means an account created by registered Users on the Site.

ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

Brands have the meaning as specified in clause 5.1, and includes independent third-party suppliers or manufacturers that supply Products to Mode Golfer under a wholesale model, and may act as manufacturers where applicable for the purposes of the ACL, and Brand has the same meaning.

Business Day means any day other than a Saturday, Sunday or public holiday in Australia.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Consequential Loss means the following, however arising and even if such loss was reasonably foreseeable:

(a) indirect, incidental, special, remote or unforeseeable loss or damage;

(b) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

(c) loss or damage of the nature set out above in clauses (a) and (b) that is incurred or suffered by or to a third party.

Customer means any person who purchases any of our Products, or other offerings from time to time.

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

(a) liabilities on account of tax;

(b) interest and other amounts payable to third parties;

(c) legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

(d) all amounts paid in settlement of any Claim,

and “Losses” shall have the same meaning.

Mode Golfer means Mode Golfer Pty Ltd (ACN 688 799 073) and its related entities or bodies corporates.

Mode Golfer Branded Products has the meaning as specified in clause 5.7 and includes Products designed, manufactured, sourced or supplied directly by Mode Golfer.

Order or Orders means any purchase made by a customer for the Products offered by Mode Golfer online via the Site.

Paid Placements has the meaning as specified in clause 6.18 and includes any promotional placement, featured listing or prioritised display of Products on the Site provided to a Brand in exchange for a commercial arrangement or fee.

Payment Gateway means any online payment platform used by Mode Golfer from time to time for processing payments made through the Site.

Privacy Policy means our privacy policy, available at https://modegolfer.com/pages/privacy-policy.

Products means any apparel, accessories or other goods made available for sale on the Site, whether supplied by Mode Golfer Branded Products or by independent third-party Brands.

Promotions have the meaning as specified in clause 6.5 and includes promotional discounts, coupon codes, sales or other offers.

Proprietary Content has the meaning as specified in clause 9.1.

Refund Policy means our refund policy, available at https://modegolfer.com/pages/returns-refunds.

Representative means Mode Golfer’s directors, officers, contractors, employees, consultants, partners, advisors or other affiliates from time to time.

Site means the whole or any part of the web pages located at including the layout of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.

User  means any person visiting or using the Site whatsoever, regardless of whether registered or unregistered.

User Content  has the meaning as specified in clause 9.5 and includes any and all content that is submitted, posted or otherwise uploaded to the Site, including but not limited to any descriptions, reviews, feedback, comments and/or media.

Warranties  mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

You, you, or your  mean any person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site, including any Customer and User.

18 Interpretation

18.1 In these Terms, the following rules of interpretation apply unless the context requires otherwise:

(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;

(b) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(c) a reference to a document (including these Terms) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;

(d) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators;

(e) a reference to writing includes any communication sent by post, facsimile or email;

(f) a reference to time refers to time in Sydney, New South Wales;

(g) all monetary amounts are in Australian currency;

(h) the word “month” means calendar month and the word “year” means 12 calendar months;

(i) the meaning of general words is not limited by specific examples introduced by “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions;

(j) a reference to a “party” is a reference to a party to these Terms, and a reference to a “third party” is a reference to a person that is not a party to these Terms;

(k) a reference to any thing is a reference to the whole and each part of it;

(l) a reference to a group of persons is a reference to all of them collectively and to each of them individually;

(m) words in the singular include the plural and vice versa; and

(n) a reference to one gender includes a reference to the other genders.

Schedule 1 - Prohibited conduct

YOU MUST NOT:

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
use this Site by any automated means;
use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this Site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
reproduce, duplicate, sell, copy, or store any of the material appearing on this Site, which shall be used solely for your own personal and non-commercial use;
falsely imply that any other website is associated with this Site;
do anything that leads, or may lead, to a decrease in the value of Mode Golfer’s intellectual property rights in this Site;
use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
use this Site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Mode Golfer or any of its staff into disrepute.