Terms and Conditions

1. Parties and application

These Website Terms and Conditions (Terms) govern access to and use of berrigolf.com.au (Website), operated by Berri Golf Club Incorporated (ABN 99 007 024 076), trading as Berri Golf Club (we, us or our).

By accessing or using the Website, placing an order, registering for an event, applying for or purchasing a membership, or clicking an acceptance control, you agree to these Terms. If you do not agree, you must not use the Website or complete the relevant transaction.

Additional terms may apply to particular goods, services, events, memberships or promotions, including the club’s constitution, by-laws and rules. If additional terms conflict with these Terms, the additional terms apply to the extent of the inconsistency for the relevant transaction, subject to applicable law.

2. Eligibility and authority

You must have legal capacity to enter into a binding contract. If you use the Website on behalf of an organisation, you warrant that you have authority to bind that organisation. A parent or legal guardian must approve purchases, memberships or registrations for a person under 18.

3. Changes to these Terms

We may amend these Terms prospectively by publishing an updated version with a new date. Changes do not retrospectively alter a completed transaction unless required by law or agreed by the parties. For an ongoing membership, we will give any notice required by the club’s rules and the law. If a material change is detrimental, any cancellation right stated in these Terms or applicable law will apply.

4. Website information and reliance

We take reasonable care when preparing Website content, but content may contain errors, omissions or outdated information. Event dates, course conditions, prices and fixtures may change. General Website content is not tailored advice. Nothing in this clause excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.

5. Intellectual property

Unless stated otherwise, the Website and its content, including text, graphics, logos, branding, images, video, documents and design, are owned by or licensed to us and are protected by intellectual property law.

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for personal use or legitimate internal business purposes. You must not reproduce, adapt, distribute, republish, commercialise or remove rights notices from Website content without our prior written permission, except as permitted by law.

6. Acceptable use and security

You must not:

• use the Website unlawfully, fraudulently or to infringe another person’s rights
• attempt unauthorised access or circumvent security controls
• introduce malware, malicious code or harmful content
• scrape, crawl or use automated extraction tools without permission, except for ordinary search-engine indexing
• interfere with Website availability, integrity or operation
• submit false, misleading, defamatory, offensive or unlawful material
• misuse payment methods or another person’s information

We may take reasonable protective action, including restricting access, removing content and reporting suspected unlawful activity, subject to applicable law.

7. Third-party websites and services

The Website links to or integrates third-party websites and services, including PayPal for payments, Golf Australia’s GolfLink, Google Maps, Facebook and accommodation and dining providers. Third parties operate under their own terms and policies. A link or integration does not of itself constitute endorsement. We are not responsible for a third party’s acts or omissions except to the extent we cannot lawfully exclude responsibility.

8. Website availability

We may maintain, modify, suspend or discontinue Website functionality. We do not promise uninterrupted or error-free access.

9. Privacy

Our Privacy Policy explains how we handle personal information. It forms a separate policy and does not reduce any obligation imposed by privacy law.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy, condition or warranty conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other law that cannot lawfully be excluded, restricted or modified.

Consumer guarantees apply automatically where the ACL applies. For goods, these guarantees may include acceptable quality, fitness for a disclosed purpose, correspondence with description or sample, and title. For services, they may include due care and skill, fitness for a stated purpose and supply within a reasonable time where no time is fixed.

Consumer guarantees are not limited to any manufacturer’s warranty, voluntary warranty or stated warranty period. Any warranty we provide is additional to, and does not replace, rights and remedies under the ACL.

11. ACL remedies for goods

If goods fail to meet a consumer guarantee, the available remedy depends on whether the failure is major or can be remedied and is not major.

11.1 Major failure with goods

Where there is a major failure, the consumer may reject the goods and choose a refund or replacement of the same type and similar value, or keep the goods and recover compensation for the reduction in value, subject to the ACL. A major failure may arise where a reasonable consumer would not have acquired the goods had the nature and extent of the failure been known, the goods materially depart from description or sample, are substantially unfit for a common or disclosed purpose and cannot easily be made fit within a reasonable time, or are unsafe.

11.2 Non-major, remediable failure with goods

Where a failure is not major and can be remedied, we may choose to repair the goods, replace them, provide a refund or otherwise remedy the failure within a reasonable time. If we do not remedy the failure within a reasonable time, the consumer may obtain a remedy available under the ACL, which may include having the failure remedied elsewhere and recovering reasonable costs, or rejecting the goods where permitted.

11.3 Assessment and proof of purchase

We may inspect or assess goods before providing a remedy. We may request reasonable proof of purchase, which may include a receipt, order confirmation, financial statement or other evidence showing the transaction. The absence of an original receipt does not automatically prevent a valid claim where other acceptable proof is available.

11.4 Supplier responsibility

A consumer may approach us as the supplier for remedies we are required to provide. We will not require a consumer to pursue the manufacturer or importer instead of us where the ACL places responsibility on us.

12. ACL remedies for services

12.1 Major failure with services

Where a service has a major failure, the consumer may cancel the service contract and obtain a refund for the unused portion, or continue the contract and recover compensation for the difference between the service supplied and the price paid, subject to the ACL. A service failure may be major where a reasonable consumer would not have acquired the service had the nature and extent of the failure been known, the service is substantially unfit for its common or disclosed purpose and cannot readily be made fit within a reasonable time, or the service creates an unsafe situation.

12.2 Non-major, remediable failure with services

Where a service failure is not major and can be remedied, we may remedy the failure within a reasonable time. If we do not do so, the consumer may have the failure remedied elsewhere and recover reasonable costs, or cancel the contract where permitted by the ACL.

12.3 Consequential loss

A consumer may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee. Nothing in these Terms limits that entitlement where it cannot lawfully be limited.

13. Refunds and returns

13.1 ACL refunds

Refunds required by the ACL will be provided as required by law. We will not substitute store credit for a monetary refund unless the consumer agrees or store credit is otherwise permitted by law. Refunds will ordinarily be made using the original payment method, unless that method is unavailable or another method is agreed.

13.2 Change-of-mind returns

The ACL does not provide an automatic remedy merely because a customer changes their mind. For voluntary change-of-mind returns of merchandise, requests must be made within 30 days of collection. Goods must be unused, in original condition and, where reasonably required, in original packaging. Voluntary change-of-mind returns are subject to inspection and approval. This does not affect any right or remedy available under the Australian Consumer Law.

13.3 Excluded change-of-mind items

Subject to non-excludable rights, change-of-mind returns may be refused for goods that are used, damaged after collection, customised, personalised, embroidered or ordered to size for you, made to order, or clearance stock identified as such. Apparel, including shirts, jumpers or other clothing, is ordered to size and embroidered, so it is not eligible for change-of-mind returns, exchanges or refunds unless faulty, not as described, not fit for purpose, or another remedy is required under the ACL. These exclusions do not apply where an ACL remedy is available.

13.4 Return process

To request a return, refund or remedy, email admin@berrigolf.com.au with your name, order details, proof of purchase, a description of the issue and supporting photographs where reasonable. Do not return goods until we have provided return instructions, unless the law permits otherwise. Goods are returned to the club at 55 Shiell Road, Berri. This process does not prevent a consumer from exercising rights under the ACL.

13.5 Refund processing

Once entitlement is confirmed, we will process the refund within 21 business days. Financial institutions or payment providers may require additional processing time outside our control. Any timeframe stated here does not permit us to delay an ACL remedy unreasonably.

14. Cancellations

A customer may request cancellation of an order in writing before the item has been ordered from our supplier or produced. A cancellation request is effective when received by us in writing at the contact details in these Terms. If an item has been ordered or produced, or third-party costs have been incurred, cancellation may be refused or any refund may be reduced to reflect reasonable costs, work performed, committed costs and applicable law. Event and membership cancellations are covered in sections 22 and 23. This clause does not limit any right or remedy available under the ACL.

14.1 Cancellation fees

Any cancellation fee or retained amount must be clearly disclosed before the transaction and must be reasonably related to costs, losses, work performed, places reserved and the timing of cancellation. It is not intended to operate as a penalty. If the amount retained would exceed our reasonable loss or is otherwise unlawful or unfair, it will be reduced to the lawful amount.

14.2 Cancellation by us

We may cancel or suspend a transaction where supply is unavailable, payment is not received, information is materially incorrect, fraud or unlawful conduct is reasonably suspected, safety is at risk, or an event outside reasonable control (including weather or course conditions) prevents supply. We will give reasonable notice where practicable and provide any refund, alternative supply or other remedy required by law. We will not rely on this clause to avoid responsibility for matters within our reasonable control where doing so would be unlawful or unfair.

14.3 Cooling-off rights

A cooling-off right applies only where provided by law or expressly offered in the applicable transaction terms. Nothing in this clause limits cooling-off rights applying to unsolicited consumer agreements or another regulated transaction.

15. Warranties

15.1 Consumer guarantees and warranties

Consumer guarantees are automatic statutory rights. A manufacturer’s warranty is an additional promise and does not replace or limit consumer guarantees. Consumer guarantees may continue after a stated warranty period has expired, depending on the circumstances, including the nature, price and expected durability of the goods or services.

15.2 Manufacturer warranties

Where goods include a manufacturer’s warranty, warranty claims may be made under that warranty in accordance with its terms. Where the ACL gives the consumer a remedy against us as supplier, the consumer may claim that remedy from us and is not required to deal only with the manufacturer. We do not offer a separate voluntary warranty against defects.

16. Limitation of liability

To the maximum extent permitted by law, we exclude liability arising solely from general Website use for indirect or consequential loss that was not reasonably foreseeable, and for loss caused by matters outside our reasonable control. This exclusion does not apply to liability that cannot lawfully be excluded or limited, including liability arising under non-excludable consumer guarantees.

Where the ACL permits liability for services not ordinarily acquired for personal, domestic or household use or consumption to be limited, our liability may, at our option, be limited to supplying the services again or paying the cost of having the services supplied again. This limitation does not apply where it would be unfair or unreasonable, or where the law does not permit it.

17. Indemnity

To the extent permitted by law, you indemnify us against loss reasonably incurred because of your unlawful use of the Website, material breach of these Terms or infringement of third-party rights. The indemnity is reduced to the extent that our act or omission, or that of another person, caused or contributed to the loss. It does not apply to the extent it would be unfair, unlawful or exclude a non-excludable right.

18. Suspension and termination

We may suspend or terminate access where reasonably necessary because of a material breach, unlawful conduct, non-payment, fraud, security risk or misuse. For memberships and other ongoing arrangements, we will comply with the club’s rules and applicable notice, refund and termination requirements. Clauses intended to survive termination, including intellectual property, accrued payment obligations, liability provisions and dispute terms, continue to apply.

19. Disputes and complaints

Contact us first using the details below and provide enough information for us to review the issue. We will act reasonably and attempt to resolve the matter. Nothing in this clause prevents either party from exercising a statutory right, contacting a regulator or consumer protection agency, or seeking urgent or other lawful relief.

20. General provisions

If any provision is invalid, illegal or unenforceable, it will be read down to the minimum extent necessary or severed, without affecting the remaining provisions. A failure to enforce a right is not a waiver. We may assign these Terms as part of a genuine restructure where lawful and where the assignment does not materially reduce a consumer’s rights. You may not assign your rights or obligations without our consent where the nature of the arrangement reasonably requires it.

21. Online shop

21.1 Orders and acceptance

The online shop sells memberships, event registrations, member facility rentals and club merchandise. An order is an offer to purchase. A contract is formed when we issue acceptance, unless the checkout states otherwise. An automated acknowledgement does not necessarily constitute acceptance. We may reject or cancel an order before acceptance for genuine reasons, including unavailability, obvious pricing error, payment failure, suspected fraud or legal restriction. If payment has been taken for an order we cancel, we will provide the refund required by law.

21.2 Prices, GST and payment

Prices are in Australian dollars and include GST. Any compulsory fees or payment surcharges will be disclosed before final purchase. We will not impose a payment surcharge exceeding the applicable cost of acceptance. Online payments are processed by PayPal, including debit and credit card payments. We do not receive or store your full card details.

21.3 Collection of merchandise

We do not post orders. Merchandise is collected from the club once it is available, and we will contact you when your order is ready. Risk passes to you when you collect the goods, and title passes when we receive full payment. Supply dates are estimates unless expressly guaranteed. Delay does not remove any right arising under the ACL or an agreed supply commitment.

21.4 Incorrect price or description

We may correct genuine errors before accepting an order. If an error is identified after acceptance, we will contact the customer and provide options consistent with applicable law. We will not rely on this clause to engage in misleading conduct or avoid an agreed transaction unlawfully.

22. Memberships

22.1 Application and term

Membership applications are subject to approval by the club. Membership begins when your application is accepted and continues until 31 December of the membership year. Membership categories, eligibility criteria (including age requirements) and fees are shown on the Website before application. If your application is not accepted, we will refund the fee in full.

Only one membership can be purchased per transaction. By applying, you agree to be bound by the club’s constitution, by-laws, rules and regulations as amended from time to time.

22.2 Renewal and cancellation

Memberships do not renew automatically. We will tell members when fees for the next year are due. Membership fees are not refundable for change of mind once your membership is accepted, unless the committee decides otherwise or a refund is required by law.

22.3 Member facilities

Cart shed and buggy room rentals are available to financial members on a yearly basis, subject to availability and the waiting list. Rentals end if membership ends.

22.4 Suspension or termination

We may suspend or terminate membership for material breach, serious misconduct, non-payment, safety risk or loss of eligibility, in line with the club’s constitution and after fair notice and an opportunity to respond where appropriate. Refunds are subject to the ACL, the club’s rules and any reasonable value already received.

23. Events and competitions

23.1 Entries and waitlists

Event entries are confirmed when payment is received and the entry is accepted. Fields may be limited. Where an event is full, waitlist registrations are not charged until a place is offered and confirmed. All players’ names and details must be provided at checkout for group entries.

23.2 Event changes and cancellation

We may make reasonable changes to schedules, tee times, formats or conditions of play, including where entries, weather or course conditions require it. The Match Committee may alter the conditions of any event where entries warrant. If we cancel an event, entry fees are refunded in full. If you withdraw before entries close, contact us and we will refund your entry fee less any costs already committed. Withdrawals after entries close are refunded at the committee’s discretion. This does not limit any remedy required by law.

23.3 Participant responsibility

Participants must follow the Rules of Golf, the club’s local rules, course etiquette and reasonable safety instructions from club officials. Any risk acknowledgement does not exclude liability that cannot be excluded under the ACL or other law. It is the responsibility of trophy winners to collect any prizes.

24. Governing law

These Terms are governed by the laws of South Australia and Australia. The courts of South Australia and courts entitled to hear appeals from them have non-exclusive jurisdiction. This clause does not prevent a consumer from relying on a right to bring proceedings in another jurisdiction where applicable law permits.

25. Contact details

Berri Golf Club Incorporated
Trading as: Berri Golf Club
ABN: 99 007 024 076
Address: 55 Shiell Road, Berri SA 5343 (PO Box 399, Berri SA 5343)
Phone: (08) 8582 3666
Email: admin@berrigolf.com.au
Website: berrigolf.com.au