Terms of Service
Wellness Australia Pty Ltd ABN 55 009 220 151 trading as The 3 Minute Golfer (T3MG).
Before using any T3MG services (“Service”), you are required to read, understand and agree to these terms (“Terms of Service”).
- Introduction
- By creating an account with T3MG (“Account”) you are agreeing to be bound by the following Terms of Service.
- T3MG reserves the right to make changes to the Terms of Service from time to time without notice. Continuing to use the Service after any such changes shall constitute your acceptance of these changes.
- Any updates or new features to the current Service shall be subject to the Terms of Service.
- T3MG reserves the right to terminate your Account should you violate any ofthe Terms of Service below.
- You also understand and agree that T3MG is not responsible for content you post on the Service. You agree to use the Service at your own risk.
- Account terms
- You must provide your correct name, a valid email address, and any other information requested in order to complete the signup process.
- Failure to provide the correct account information may result in T3MG cancelling your Account.
- Any one person or legal entity may apply for only one T3MG account.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your Account and password. T3MG cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have accounts under your Account).
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Payment and refunds
- Prices are published on the website and are charged in US Dollars. T3MG reserves the right to amend prices from time to time at its discretion in accordance with clause 5(b) below.
- If for any reason you are not completely satisfied with your purchase, you have a 15-day money-back guarantee period from the time of your purchase. Email help@the3minutegolfer.com to resolve any problems and claim your refund.
- Cancellation and termination
- You can cancel your Account at any time by emailing help@the3minutegolfer.com.
- All of the content (“Content”) contained in your Account, including Credits will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
- T3MG, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account, or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- Modifications to the service and prices
- T3MG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to the purchase of Credits, are subject to change upon 30 days’ notice from T3MG.
- Trademark, Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- T3MG does not pre-screen content, but we retain the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service.
- The Service is protected by copyright owned by T3MG. T3MG reserves all of its rights in relation to this copyright. You may not duplicate, copy, or reuse any portion of the visual design elements or coding or programming without express written permission of T3MG.
- The name The 3 Minute Golfer is protected by Trademarks and you should not duplicate, copy or use any portion of these Trademarks.
- Your Warranties
- By using the Service, you represent and warrant to T3MG that T3MG will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with these Terms ofService.
- You are entitled to rights under your consumer protection laws that cannot be excluded by contract. Subject to any of these rights you may have under consumer protection law, T3MG excludes to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Service or any other matter under these Terms of Service.
- General conditions
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- You understand that T3MG uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website or software so as to falsely imply that it is associated with the Service, or T3MG.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of T3MG.
- We may, but have no obligation to, remove Content and Accounts containingContent that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any T3MG customer, employee, member, representative, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of any nature.
- T3MG does not warrant that:
- the Service will meet your specific requirements,
- the Service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the Service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
- You expressly understand, agree and warrant that T3MG shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if T3MG has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service,
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Service,
- unauthorised access to or alteration of your transmissions or data,
- statements or conduct of any third party on the Service,
- or any other matter relating to the Service.
- The failure of T3MG to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and T3MG and govern your use of the Service, superseding any prior agreements between you and T3MG (including, but not limited to, any prior versions of the Terms of Service).
- Any provision of these Terms of Service this is invalid, prohibited or not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, shall be and continue to be valid and forceful in accordance with their terms.
- These Terms of Service are governed by, construed and enforced in accordance with the laws of Western Australia and the Commonwealth of Australia (as applicable). Disputes arising from your use of the Service are exclusively subject to the jurisdiction of the courts of Western Australian and the Commonwealth of Australia (as applicable).
- T3MG makes no representations or warranties that the content of the Service complies with the laws (including intellectual property laws) of any country outside Australia.
- Any queries about the Terms of Service should be sent to help@the3minutegolfer.com.
- Website Terms and Privacy Policy
- You must also refer to T3MG’s Privacy and Security Policy for further information. Personal information (such as your contact details) provided to T3MG during your use of the Services will be kept and used by T3MG in accordance with T3MG’s Privacy Policy.
- T3MG’s Privacy and Security Policy can be found here.