Terms and Conditions

Important Information

To enter an AGC Challenge, you must be over 18 years of age, have a GA Handicap and a GOLF Link Number.

When you first enter an AGC Challenge you become an AGC Competitor and your entry is accepted by the Company as your legally binding agreement to observe and comply with these terms and conditions (Terms). This agreement is your Contract with the Company.

Words appearing in italics and how this document is to be interpreted are as defined and provided for in these Terms and Conditions (Terms).

1. Definitions and Interpretation

1.1 In these Terms:

• AGC stands for “Amateur Golf Challenge” and means a challenge for amateur golfers to a) play better than or beat their golf handicap and/or b) achieve a certain Handicapping Score in any 18 hole Competition held in Australia on any one day. It is also an acronym of the Company’s name and is used as and for the name of the Company’s Website, mobile applications and business brand.
• AGC Challenge means a daily challenge/s conducted by the Company in which AGC Competitors compete in the AGC if they also play in a Competition on that day. If AGC Competitors play in more than one Competition on any one day, they may enter the daily AGC Challenge but must use the first Competition they play that day for one or both AGC Challenges offered on the AGC Website.
• AGC Competitor means a person who has attained and is over 18 years of age and is a Competitor who enters an AGC Challenge.
• AGC Competitor's Prize Account means the running account kept by the Company on the AGC Website, which records the value of Winnings won and redeemed from time to time by AGC Competitors.
• AGC Services means the services provided by the Company via the AGC Website.
• AGC Website means the Company's website and mobile applications.
• Committee means a "Committee" as defined in the Rules of Golf.
• Competition means a golf stroke play competition in which each competitor plays as an individual and which is:
• held in Australia
• played over 18 holes,
• played in accordance with the Rules of Golf

and the results of which count towards the computation of GA Handicaps. “Stroke play” has the meaning described in the Rules of Golf (see Rule 3) and includes competitions played in bogey, stableford and par formats (see Rule 32).

• Competitor means a person who has attained or is over 18 years of age who is an “amateur golfer” as defined in the Rules of Golf and who holds a GA Handicap which is recorded under his or her name and GOLF Link Number.
• Conditions of Play (or "COPs") means the conditions of play which apply to all AGC Challenges.
• Consideration means the amount staked by each AGC Competitor for each AGC Challenge he / she enters and the agreement by the Company to provide Winnings to AGC Competitors who win those AGC Challenges.
• Contract means the contract made between each AGC Competitor and the Company on the terms and conditions set out in the Contract Documentation.
• Contract Documentation means all written materials which comprise the Contract including without limitation the Terms, the COPs and other materials published by the Company on the AGC Website (including the Company’s policies and guidelines) and the details of each Competitor when he or she enters an AGC Challenge on the AGC Website and thereby becomes an AGC Competitor.
• GA means Golf Australia.
• GA Handicap means the golf handicaps which are computed in accordance with the GA Handicapping System.
• GOLF AUSTRALIA means the Australian national computerised handicap service operated as a public service website which records and publishes GA Handicap and handicap records.
• GOLF Link Number means the unique number allocated to a golfer that is linked to the national computerised handicapping service provided by Golf Australia (GA) where the handicap records of all golfers can be viewed.
• Handicap Record means the public service website which records and publishes GA Handicap and handicap records provided by Golf Australia (GA).
• Rules of Golf means the Rules of Golf and the Rules of Amateur Status as approved and published by R&A Rules Limited in the edition current at the time of each AGC Challenge.
• Terms means the terms and conditions set out and contained in this document.
• Winnings means the prizes won in AGC Challenges expressed as a dollar amount in the Prize Account which can be redeemed exclusively via the AGC Website. Winnings cannot be redeemed for cash.

1.2 Unless the context otherwise requires:

• clause and subclause headings are for reference purposes only;
• the singular includes the plural and vice versa;
• words denoting any gender include all genders;
• reference to a person includes a corporation and any other entity recognised by law and vice versa;
• where a word or phrase is defined its other grammatical forms have a corresponding meaning;
• any reference to a person includes its successors and permitted assigns;
• any reference to two or more persons includes each of them jointly and severally;
• references to time are to Sydney, NSW time;
• where the day on or by which any thing is to be done is not a Business Day, that thing must be done on or by the next Business Day;
• a reference to a body, other than a party to this agreement (including an institute, association or authority), whether statutory or not:
• which ceases to exist; or
• whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions.

2. Contract

2.1 Each AGC Competitor and the Company enter into the Contract from the date and time that the AGC Competitor enters the AGC.

2.2 Each AGC Competitor warrants to the Company that he / she has attained or is over 18 years of age and is qualified and entitled to play in Competitions.

2.3 The Consideration is the consideration for which the Contract is made.

2.4 In the event of any conflict between the Terms and any provision of other Contract Documentation, the Terms prevail.

2.5 The Company may add to, amend, replace or vary the Terms, the COPs and any other Contract Documentation from time to time with or without notice to AGC Competitors. Ongoing subsequent or continued use by any AGC Competitor of the AGC Services after the date of any such changes is deemed acceptance by that AGC Competitor of the changes.

2.6 AGC Competitors acknowledge, agree and accept that their Consideration is not refundable and that under no circumstances will any Consideration paid by them be recoverable from the Company. Notwithstanding this AGC Competitors must inform the Company as soon as they become aware of any errors in calculations with respect to any transaction and the Company may refund or give credit for Consideration if it considers there has been a transaction error or such a course is justified for other reasons.

2.7 AGC Competitors undertake to use the Company’s Website and services for legitimate purposes only and not to engage in any activity which has the purpose or effect of causing damage to or in any way hindering the Company’s business operations or generating or increasing any liability of the Company, including without limitation any tax, levy or duty.

3. Integrity

3.1 The Company relies on the integrity of all AGC Competitors to play and return their scorecards in accordance with the Rules of Golf.

3.2 The Company and AGC Competitors also rely on AGC Competitors results as recorded on their official GA handicap record.

3.3 Each AGC Competitor must and by entering an AGC Challenges promises to ensure he / she plays, scores and returns their scorecards in accordance with the Rules of Golf and does not manipulate any Competition or AGC Challenge in a manner which has the purpose or effect of adversely affecting the integrity of that Competition or AGC Challenge or their results to be recorded in their Handicap Record.

3.4 AGC Competitors who act as a marker of another Competitors scorecard must and promises to do so in accordance with the Rules of Golf and not to manipulate any Competition or AGC Challenge in a manner which has the purpose or effect of adversely affecting the integrity of that Competition or AGC Challenge or the results of the Competitor to be recorded in that Competitor’s handicap record.

4. Term

4.1 The Contract continues unless and until terminated by the Company.

4.2 The Company may terminate its Contract with any AGC Competitor if at any time the Company considers the Contract is being or has been breached by that AGC Competitor.

5. Governing Law and Jurisdiction

5.1 The Contract is governed by and construed in accordance with the laws of New South Wales (“NSW”).

5.2 Each party irrevocably and unconditionally submits to the jurisdiction of the courts of NSW and any courts which have jurisdiction to hear appeals from the courts of NSW and waives any right to object to any proceedings being brought in those courts.

6. License to use AGC Website

6.1 The Company grants those wishing to become AGC Competitors limited license to use the AGC Website to enter AGC.

6.2 The Company grants AGC Competitors limited license to use the AGC Website to access their AGC Competitor’s Prize Account and to redeem their Winnings.

6.3 AGC Competitors acknowledge agree and accept:

6.3.1 their use of the AGC Website confers no rights on them whatsoever to the content or related intellectual property rights subsisting in the AGC Website;

6.3.2 they must not and must not attempt to:

• monitor, use or copy the pages of the AGC Website or any content of the AGC Website;
• hack, make unauthorised alterations or introduce any kind of malicious code to the AGC Website by any means;
• reverse engineer or decompile (whether in whole or in part) any software available through the AGC Website; or
• make copies, modify, reproduce, transmit, alter or distribute all or any part of the AGC Website or any material or information contained on it or in any data feeds;
• disguise or interfere in any way with the IP address of the computer used to access the AGC Website or otherwise take steps to prevent the Company from correctly identifying the actual IP address of the computer used or being used whilst accessing the AGC Website.

6.3.3 that to use the AGC Website correctly, they must ensure their browser is set to accept "cookies" and that their browser must support JavaScript.

7. Assignment

7.1 AGC Competitors may only assign their rights under the Contract including to their Winnings and AGC Competitor’s Prize Account with the prior written consent of the Company.

7.2 The Company may assign any or all of its rights or obligations under the Contract to any third party at any time without notice to AGC Competitors.

8. Continuation

8.1 Any provision of the Contract that by its nature is intended to survive termination of the Contract will survive such termination.

9. Invalidity, Unenforceability and Severance

9.1 Any provision of the Contract is invalid or unenforceable:

• it is to be read down or severed to the extent of the invalidity or unenforceability; and
• that fact does not affect the validity or enforceability of the remaining provisions which will continue in force.

10. Entire Agreement and Further Assurances

10.1 The Contract Documentation embodies the entire understanding and constitutes the entire and only agreement between each AGC Competitor and the Company with regards to its subject matter.

10.2 Each AGC Competitor confirms that he / she has not been induced to enter into the Contract in reliance upon any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in the Contract Documentation and to the extent that he / she has been he / she unconditionally and irrevocably waives to the full extent permitted by law any claims, rights or remedies which he / she might otherwise have had in relation thereto.

10.3 Each party must promptly do everything necessary, including executing and delivering all further documents required by law or reasonably requested by the other party to implement the Contract.

11. No Waiver

11.1 No failure or delay by the Company to exercise any of its rights under the Contract shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right. Further, any such failure will not give rise to any claim or right of action by any AGC Competitor or any other person.

12. Notices

12.1 AGC Competitors may give notices to the Company electronically via the “Contact us” section of the AGC Website or by hand or prepaid post addressed to the Company’s registered office or by email to an address specified by an officer of the Company.

12.2 The Company may give notices to all AGC Competitors electronically via the AGC Website if they are generic notices or by hand or prepaid post addressed to the AGC Competitor or by email to the AGC Competitor’s last email address as notified to the Company (usually via the AGC Website).

12.3 All notices must be:

• in legible writing and in English;
• correctly addressed; and
• signed by the party giving the notice or making the communication.

12.4 Notices sent by prepaid post must be sent by airmail if to or from a place outside Australia.

12.5 Without limiting any other means by which a party may be able to prove that a notice has been received by the other party a notice will be considered to have been received:

• if sent by hand, at 9.00 am (recipient’s local time) on the next business day at the address of the recipient;
• if sent by prepaid post, three business days (if posted within Australia to an address in Australia) or ten business days (if posted from one country to another) after the date of posting;
• if sent via the AGC Website, when posted on that website; and
• if sent by email, on receipt by the sender of an acknowledgement or message receipt from the recipient.

13. Minimum Age

13.1 The Company does not accept responsibility for under-age entrants and may cancel any AGC Competitor’s Prize Account it believes belongs to a person who is under-age.

13.2 The Company may also refuse to issue Winnings to any person who has been accepted as an AGC Competitor if it believes that person is under-age.

14. AGC Competitors AGC Website Responsibilities

14.1 AGC Competitors are responsible for all entries they make on the AGC Website.

14.2 Any transaction made via the AGC Website which first requires an AGC Competitor’s login with their discrete password will be regarded by the Company as being valid.

14.3 AGC Competitors are responsible for understanding the contents of the AGC Website and the operation of the services offered on it.

14.4 The Company reserves the right to change the format of the AGC Services at any time, including by enhancing them.

15. Personal Information and Privacy

15.1 The Company will collect, store and disclose AGC Competitors personal information in accordance with the requirements of the Privacy Act 1988 (Cth) as detailed in the Privacy Policy which is published on the AGC Website and comprises part of the Contract Documentation.

15.2 AGC Competitors warrant and represent to the Company that any personal information supplied by them to the Company is true, correct and complete and will remain so.

15.3 AGC Competitors must upon request by the Company, establish the truth, correctness and completeness of their personal information to the satisfaction of the Company.

15.4 The Company will take reasonable steps to:

• make sure that the personal information it collects, uses or discloses is accurate, complete and up to date;
• protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure; and
• destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under the Privacy Act 1988 (Cth).

15.5 AGC Competitors acknowledge and agree that all personal information held by the Company may be used or disclosed by the Company as set out below and as permitted by the Privacy Act 1988 (Cth). Without limitation, AGC Competitor’s personal information may be collected, stored, used or disclosed:

• to enable the Company to perform its obligations to them under the Contract;
• to enable the Company to ensure that AGC Competitors perform their obligations under the Contract;
• to a credit reporting agency;
• to maintain a credit information file about them;
• to carry out the Company's own credit assessment on them;
• for planning, research, promotion and marketing of the Company products and services;
• to organisations associated with the provision of the Company's services, such as associated data centres, including for marketing and analysis purposes;
• to a potential purchaser of, or investor in, any business conducted by the Company;
• where the Company is required to do so by law or where the disclosure is reasonably necessary to enforce the law;
• to assist any other government agencies with enquiries made under state or federal legislation, for example Child Support Agencies;
• to comply with the Company's disclosure obligations to sporting bodies in accordance with any contractual obligations the Company has or may have to sporting bodies;
• to comply with all obligations that the Company has under laws and regulations;
• to protect the Company's rights or property or those of any other website, user of the AGC Website or any member of the public.

15.6 AGC Competitors may request access to any of their personal information that the Company holds by notice to the Company.

15.7 If an AGC Competitor does not, or refuses to, provide the Company with any information (including personal information) that the Company reasonably requires, the Company may at its discretion, suspend or close any account held with the Company by that AGC Competitor.

15.8 Each AGC Competitor acknowledges, agrees and accepts that he / she may only hold one AGC Competitor's Prize Account.

16. Operation of AGC Services

16.1 The Company may determine when AGC Challenges are open and / or closed for entering and vary the “Results Cut off Time” and the “Consideration Cut off Time” as defined in the COPs at any time.

16.2 If the Company considers it is in the interests of maintaining integrity and fairness it may in respect of any AGC Challenge suspend entries to it, void certain entries to it and / or void it in its entirety.

17. Cancellation, Termination, Suspension and Breach

17.1 The Company may restrict AGC Competitors access to AGC Services, suspend or terminate any account they hold with the Company, withdraw their entries, or void or cancel any of their outstanding entries, void of cancel any of their Winnings or terminate the Contract if:

• there is a technological failure;
• the Company suspects that the AGC Competitor is engaging in illegal or fraudulent activity;
• the Company suspects that the AGC Competitor has (or may have) breached any part or provision of the Contract Documentation;
• the Company suspects the AGC Competitor is acting in a manner that is detrimental to the conduct of its business or which may result in legal liability for the AGC Competitor, the Company, or third parties.

17.2 In relation to any cancelled or void entries, the Company reserves the right to Demand payment for and recover from the AGC Competitor the relevant outstanding amount relating to these entries.

18. Entries and Acceptance

18.1 Entries for AGC Challenges must be made as provided for in the COPs.

18.2 The provisions of the COPs apply in respect of entries.

18.3 Once made and accepted an entry into an AGC Challenge may not be altered or cancelled except in accordance with the Contract.

18.4 Maximum and minimum values of Winnings which may be won in an AGC Challenge are subject to change and may be changed by the Company at any time. Any such changes will be notified by the Company to AGC Competitors via the AGC Website.

19. Dishonoured Payments

19.1 If a credit or debit card payment by an AGC Competitor is dishonoured at any stage after authorisation is received from the relevant financial institution, all winnings which have accrued and remain in that AGC Competitors AGC Competitors Prize Account or which are otherwise due to be credited to that account shall be suspended until such time as the dishonoured payment is honoured.

19.2 If the payment remains dishonoured:

• all Winnings which have accrued and remain in the relevant AGC Competitors AGC Competitors Prize Account or which are otherwise due to be credited to that account that relate to the dishonoured payment will not be redeemable and shall be forfeited to the Company; and
• the AGC Competitor must pay to the Company any Winnings gained from the dishonoured payment(s). Should the AGC Competitor not comply with this duty the Company will seek to recover these from him / her and any sums recovered will belong to the Company.

20. Rounding

20.1 All Winnings will be rounded down to the nearest dollar.

20.2 The rounding will take place after the Winning amount has been calculated.

21. Payments

21.1 Braintree Pty Ltd, owned by PayPal Inc has been engaged by the Company to manage and collect credit and debit card payments of Consideration and other monies (if any) payable by credit or debit card for AGC Services. For further information, please refer to Braintree.

21.2 AGC Competitors acknowledge that the Company does and will not possess or retain any useable information relating to AGC Competitors credit or debit cards.

22. Matters beyond reasonable control

22.1 The Company will not be liable for any loss or damage that any person including AGC Competitors who uses the AGC Website or AGC Services may suffer or incur because of any act of God; power cut; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication or internet services; or any other delay, interruption or failure outside of the control of the Company. In any such an event the Company reserves the right to cancel or suspend the AGC Services without incurring any liability.

22.2 The Company is also not liable for the failure of any equipment or software howsoever caused, wherever located or administered, and whether under the Company’s direct control or not, that may prevent the operation of the AGC Services, impede the acceptance of entries, or prevent any such person from being able to contact the Company or access the AGC Website.

23. AGC Competitors Indemnity

23.1 Each AGC Competitor agrees to indemnify and hold the Company and its associates, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of any breach of the Contract Documentation or out of their violation of any law or the rights of any third party.

24. Limitation of liability

24.1 To the extent permitted by law the Company excludes all representations and warranties as to the satisfactory quality and/or fitness for its intended purpose and/or accuracy and completeness of the AGC Services.

24.2 The Company will not be liable to any AGC Competitor for any loss that they may incur as a result of their use of the AGC Services including any use or misuse of their discrete AGC Website password whether fraudulent or otherwise.

24.3 The Company will have no liability for any goods which AGC Competitors acquire with their Winnings.

24.4 Under no circumstances will the Company's liability under or in connection with the Contract, whether arising for breach of contract, negligence or other tort, in equity or otherwise exceed the amount of the relevant Consideration paid by the AGC Competitor for the AGC Challenge in respect of which the claim is made.

24.5 Under no circumstances will the Company be liable for any indirect, special or consequential damages, loss of profits (direct or indirect) or loss of the benefit of any entry into any AGC Challenge, whether such loss arises from breach of contract, negligence or other tort, equitable duty (including for the avoidance of doubt in relation to any Consideration or AGC Challenge voided by the Company or otherwise even if the Company had been advised of or known (or should have known) of the possibility of such damages or loss.

24.6 Nothing in the Contract excludes the Company's liability with respect to death and personal injury resulting from the negligence of the Company, its employees, agents or subcontractors.

24.7 Except for any liability that cannot be excluded by law, the Company (including its officers, employees and agents) is not liable and does not accept responsibility for any loss or damage suffered or incurred by any AGC Competitor arising out of:

• entries that are not received or which are received and are subsequently corrupted or rejected by the AGC Website server, whether or not after receipt by the Company;
• any lost, misdirected or corrupt emails to or from the AGC Website;
• the AGC Website not being continuously available for use;
• any failure of the AGC Website or incorrect or corrupt data supplied to an AGC Competitor;
• any theft, unauthorised access or third party interference;
• any variation in the value of any Winnings; or
• any tax liability incurred by any AGC Competitor.

25. Right of set off

25.1 The Company may at any time, without notice, set off any liability owed to it by any AGC Competitor including (without limitation) in relation to any account kept by the Company in that AGC Competitor’s name or which the Company believes to be under his / her control, against any funds held in another account kept by the Company in the same or another name which the Company believes to be under that AGC Competitor’s control.

26. Intellectual property

26.1 The Company is the owner of:

• all copyright and related rights in and to the AGC Website including without limitation rights in databases and any data and related content on the AGC Website except for certain third party rights;
• all trade marks whether registered or unregistered and related rights in respect of the Company logo;
• the domain name www.playagc.com ("URL"); and
• the Contract Documentation including (without limitation) the COPs.

26.2 Any person who makes any unauthorised use of any of these rights may result in prosecution or, or other legal action including for breach of contract or in tort being taken against, that person.

26.3 AGC Competitors acknowledge, agree and accept that any data licensed to the Company by third parties which is used on the AGC Website is provided for use on the AGC Website only and may not be used for any commercial purposes without the consent of such third parties.

27. Promotions and Benefits

27.1 Any benefits earned by the AGC Competitior from a promotion are subject to the terms and conditions as explicitly advertised in the promotion. The user acknowledges and agrees that all promotional offers, including but not limited to bonuses, power tokens, free entires, or other incentives, may be subject to specific requirements, restrictions, or conditions. It is the AGC Competitior’s responsibility to carefully review and understand the terms associated with each promotion before participating. Failure to comply with the stated terms may result in the forfeiture of any benefits received through the promotion. The Company reserves the right to modify, suspend, or cancel any promotion at its sole discretion, and such changes will be communicated to users through appropriate means as deemed necessary.

28. Dispute resolution

28.1 The Company will attempt to resolve any disputes or complaints that AGC Competitors may have in regard to AGC Services. If any AGC Competitor wishes to raise any issue with the Company, they should email the Company using the support at playagc.com email address.