Terms and Conditions

Acushnet Australia Pty Ltd
PO Box 112
Breaside, VIC 3195
Toll Free Number (within Australia): 1800 660 535

User Agreement

Your use of this Internet site (this "Site") indicates your acceptance of the terms and conditions listed herein, which includes our Privacy Policy ("Terms and Conditions"), which are subject to change and revision at any time, in the sole discretion of Acushnet Australia Pty Ltd (herein referred to as "Acushnet Company", "we, "us" or "our). Use after any such revisions indicates your acceptance of such revised terms and conditions. If you do not accept such Terms and Conditions, do not use the Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU SUBMIT YOUR ORDER TO US! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCEPTIONS THAT MAY APPLY TO YOU. THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF PRODUCTS.

For the avoidance of doubt, your statutory rights are not affected by these Terms and Conditions.

SECTION 1 – TERMS AND CONDITIONS OF SITE USE

Use of this Site.

You may download material displayed on the Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Acushnet Company's written permission. You may not alter or interfere with the content or function of this Site or download any material from this Site for use at any other website, including Internet auction sites. All materials on this Site are copyrighted and misuse thereof may constitute violation of copyright, trademark and other laws. Acushnet Company reserves all rights to all materials listed on this Site.

Registration.

We may at times require that you register and/or set up an account to use certain portions of the Site. In order to do so, you may be required to provide certain personal information and you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all personal information provided by you is accurate and up-to-date. If any of your personal information changes, you must update it by using the appropriate update mechanism on the Website. See our Privacy Policy for details regarding the collection and use of personal information.

If you register and/or set up an account on the Site, you will be solely responsible for maintaining the security and confidentiality of your Registration Information. You may not authorise others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party. You are solely responsible for all usage and activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorisation, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorised disclosure or use of your Registration Information or any credit, debit, or charge card number stored on the Site), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site.

If you are under the age of 13 years, you represent that you have reviewed these Terms and Conditions with your parent or legal guardian to confirm that you and your parent or legal guardian understand these Terms and Conditions. If you are a parent or guardian permitting a person under the age of 13 (a Minor) to create an account, you agree to:

  • exercise appropriate supervision over the Minor's use of our Site and account;
  • assume all risks associated with the Minor's use of our Site and their account, including the transmission of content or information to and from third parties via the internet;
  • ensure that the content and information that the Minor may encounter on our Site are suitable for the Minor;
  • assume liabilities resulting from the Minor's use of our Site and their account;
  • ensure the accuracy and truthfulness of all information submitted by the Minor; and
  • provide the consents contained in these Terms and Conditions on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that such parent or guardian has agreed to these Terms and Conditions on your behalf, and, even if we do not seek such confirmation, your creation and use of the Site and/or your account will be assumed to confirm your parent’s or guardian’s agreement to these Terms and Conditions on your behalf, and we will provide access to the Site and your account on this basis.

Collection Notice.

We collect personal information about you in order to respond to your enquiries, process your registration, and provide you with products and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our goods (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. We may also disclose your personal information to recipients that are located outside of Australia, including to Acushnet’s related bodies corporate and third party suppliers located in the United States.


Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can submit a complaint regarding the handling of your personal information; and (iii) how we will handle any such complaint. If you would like any further information about our privacy policies or practices, please contact us at privacypolicy@acushnetgolf.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms and Conditions.

No Warranties; Limitation of Liability.

Acushnet Company does not represent or warrant that the content of this Site is accurate or that its operation will be error free or uninterrupted. You use the Site at your own risk. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO THE AUSTRALIAN CONSUMER LAW, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Acushnet Company also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or any linked sites, or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. In no event shall Acushnet Company or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of any of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, or damages from any theory of liability whatsoever, arising out of or in connection with the use of, or your browsing in, or your links to other sites from this Site. We may, from time to time and without notice, change, revise, or add to the Site or the information and products described in it. However, we do not undertake to keep the Site updated. To the extent permitted by law (including but not limited to the Australian Consumer Law), we are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.

Intellectual Property.

Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights, patents, or other property of Acushnet Company ("Acushnet Company Intellectual Property"), or of third parties from which Acushnet Company has obtained all appropriate licenses and rights to use. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Acushnet Company Intellectual Property displayed on the Site without the written permission of Acushnet Company. However, we do grant you a licence to access the Site and view the Acushnet Company Intellectual Property on the terms set out in these Terms and Conditions, for your own personal use only.

Acushnet Company devotes millions of dollars and countless hours every year to its research and development activities. The result of this huge investment of time and money are golf products which we believe are the finest, most technologically advanced products available. The benefits of these efforts are incorporated in our products and many of these features are not apparent to the casual observer, but are absent from other products which are intended to be copies or “knock-offs” of genuine Acushnet Company products. Acushnet Company Intellectual Property is protected by a multitude of patents, trademarks and other rights granted to Acushnet Company under international, federal and state statutory and common law. Accordingly, Acushnet Company expects that others will respect its intellectual property rights. Acushnet Company vigorously enforces its intellectual property rights, whether infringement takes the form of “knock-off” products, unauthorised use of trademarks or copyrights or in any other manner.

No commercial use.

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Acushnet Company Intellectual Property, software, products or services contained within this Site. You may not use this Site, or any of its Acushnet Company Intellectual Property, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Trademarks:

The following is a list of some (but not all) of the trademarks owned or licensed by Acushnet Company used on or with Acushnet Company products, which is subject to change, revision, and addition by Acushnet Company at any time without notice:

Advanced Performance Leather; Casual Walkers; Classics; Classics Dry; Classics Dry Premiere; Flextability; CabrettaSof; Classics Tour; Comfort Seam; ComfortSof; ComforTab; Contour IV; Contour Series; CoolJoys; CottonSof; DryJoys; DryJoys Design; DryJoys Performance Collection; DryJoys Performance Light; DryJoys Performance Fleece; DrySof; Dual Climate; DuraMax; eComfort; F3; FiberSof; FirstJoys; FJ; Fit-Bed; FootJoy; GelCollar; GelFusion; GelRide; GreenJoys; IntelliGel; Intellishield Extreme; iSuspension; "It's a Cinch"; Interactive Comfort Technology; JoyWalkers; LoPro Collection; MyJoys; OptiFlex; PowerNet; P.R.O. (Platform Responsive Outsole); ProDry; Q-Mark; RainGrip; Reelfit; SciFlex; Shockstopper; SofJoy;
SoftJoys Terrains; Spider; Stability Bridge; StaCooler; StaCooler Sport; StaSof; Sta-Dry System; Super Cushion; The Science of Comfort; Torque Control; WeatherSof; WinterSof; Xdimension;
Y-Flex

Patents:

The following is a list of United States patents which may apply to Acushnet Company products. This list is subject to change, revision, and addition by Acushnet Company at any time without notice.

Golf Shoe Technology:

5,756,195; 5,766,704; 5,827,459; 5,939,157; 5,955,159; 5,979,083; 5,985,383; 6,179,879; 6,408,543; 6,474,003; 6,708,426; 6,722,059; 6,874,257; 7,134,226; 7,143,529; D368,157; D384,496; D396,551; D399,646; D402,449; D402,452; D403,147; D410,967; D411,244; D412,390; D420,210; D420,787; D424,288; D426,373; D441,179; D441,519; D441,520; D444,935; D449,434; D455,543; D459,576; D466,272; D468,515; D469,244; D476,801; D478,413; D478,414; D479,389; D480,205; D483,175; D483,555; D487,332; D487,615; D490,597; D490,971; D507,400; D509,948; D510,796; D511,882; D512,556; D512,557; D512,822; D512,823; D512,824; D513,663; D513,844; D514,292; D514,293; D514,296; D518,281; D524,016; D525,768; D526,226; D527,876; D527,877; D530,068; D533,335; D533,706; D539,515; D539,519; D539,520; D540,012; D540,020; D540,026;D541,025; D541,514; D541,515; D541,516;

Golf Gloves and Accessories:

5,528,773; 5,708,979; 6,327,787; 6,505,350; 6,513,165; 6,543,058; 6,611,962; 6,625,815; 6,655,269; 6,662,942; 6,820,282; D314,643; D391,037; D397,837; D410,305; D417,061; D420,202; D420,491; D424,784; D426,922; D431,691; D433,785; D436,870; D458,716; D464,178; D471,674; D473,346; D474,863; D493,106; D495,097; D497,456; D525,394; D527,149; D528,250; D529,236; D529,665; D532,162; D545,002

There may be corresponding patents issued or applied for throughout the golfing world; other patents are pending in the above categories.

Unaffiliated Products and Sites.

Descriptions of, or references to, products, publications or sites not owned by Acushnet Company or its affiliates do not imply endorsement of that product, publication or site. Acushnet Company has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linked sites.

Our Site may contain links to sites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked sites and have no control over or rights in those linked sites.

Communications with this Site.

On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law.

Unacceptable activity.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Acushnet Company will fully cooperate with any law enforcement authorities or court order requesting or directing Acushnet Company to disclose the identity of or help identify or locate anyone posting any such Content.

You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organisation, including without limitation, an employee of Acushnet Company. You further agree that you will not misrepresent an affiliation with another person or organisation, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.

The message boards, chat rooms, and other forums we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. You agree that you will not post any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. You further agree that you will not post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or another user's computer.

Acushnet Company appreciates your comments, but please do not send to Acushnet Company any suggestions, drawings, models, or other descriptions of any ideas related to new products, modifications to existing products, or marketing efforts. Acushnet Company does not accept such unsolicited products or marketing suggestions.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Acushnet Company cannot prevent the "harvesting" of information from this Site, and you may be contacted by Acushnet Company or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Acushnet Company, may or may not be posted to this Site at the sole discretion of Acushnet Company and may be used by Acushnet Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Acushnet Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.

Although Acushnet Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Acushnet Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Acushnet Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Reporting Violations Of These Terms And Conditions

If you believe that Content was posted in violation of these Terms and Conditions, please notify us via email to ip@acushnetgolf.com. We may, but typically will not, acknowledge receipt of your complaint. You agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such action as we believe are appropriate in our sole discretion.

User Generated Content License Agreement

Any Content you submit on this website containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials ("Submission") is governed by these Terms and Conditions.

You hereby grant to Acushnet Company an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) Acushnet Company shall have the right to edit, alter or arrange the Submission in any way it desires in its sole discretion; (b) Acushnet Company shall not have any obligation to provide you with any credit when using your Submission; and (c) you waive any “moral rights” that you may have in the Submission. You understand that Acushnet Company will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Acushnet Company use your Submission.

SECTION 2 – TERMS AND CONDITIONS OF SALE

General provisions

Except as otherwise required by the applicable law, all deliveries and offers from Acushnet Australia Pty Ltd (herein referred to as "Acushnet Company", "we, "us" or "our) are made exclusively on the basis of these Terms and Conditions. These Terms and Conditions also apply to all future purchases by the Customer, even if these are not separately agreed. The validation of any order by the Customer will entail acceptance without reserve, or restriction, of the present Terms and Conditions.

The terms and conditions of the Customer or of third parties are not valid, even if Acushnet Company does not expressly refuse to apply them. The present Terms and Conditions represent all agreements between the contracting parties with regard to the subject matter of the contract. Representations and oral commitments made by Acushnet Company prior to the conclusion of this agreement are not legally binding, and such verbal commitments by the contracting parties are replaced by these Terms and Conditions, unless the parties agree in writing that certain representations and verbal commitments can be relied upon and are legally binding. Additions and changes to existing agreements, including these Terms and Conditions, must be made in writing to be legally valid.

Orders and our contract with you

Orders are not binding on Acushnet Company until they are expressly accepted in writing by Acushnet Company. Your receipt of an order confirmation in electronic or other form does not mean that we have accepted your order, nor does it represent our offer for sale.

We reserve the right to refuse orders, regardless of whether the order has been confirmed or has already been charged. This may (non-exhaustively) be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

If your credit card has already been charged for the purchase and your order is declined, we will issue a credit to your credit card account for the amount of the charge.

Payment terms

The price of the product and acceptable methods of payment are set forth on the order pages when you place your order. Prices are current at the time of display but are subject to change without notice. We take all reasonable care to ensure that the price of the product advised to you is correct.

Payment must be received by Acushnet Company prior to accepting an order for custom MyJoys products. Payment for these products must be made by credit card at the time of order.

Payments for non-custom products are made at the time of shipment.

The products delivered to the Customer by Acushnet Company will remain the property of Acushnet Company until full payment has been received. Title will pass to the Customer only once Acushnet Company has received payment in full.

Delivery

The arrangement for delivery will be as displayed to you on our website. Acushnet Company will provide an estimated date of delivery before the validation of the order by the Customer. Such date may vary according to the available stock of the product. Acushnet Company will use reasonable endeavours to meet stated timeframes for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.

Acushnet Company is entitled to make partial deliveries if (i) the Customer can use the partial delivery within the scope of the contractual purpose, (ii) delivery of the remaining products ordered is guaranteed, (iii) if this does not result in additional expenses or costs for the Customer unless Acushnet Company agrees to assume these costs; and (iv) in all circumstances, Acushnet Company is not acting unreasonably by making partial deliveries.

All offers from Acushnet Company are subject to change and are non-binding, unless they are expressly designated as binding or contain a specific acceptance period.

Shipping

Separate shipping costs will be stated before the order and on the invoice (s).

GST and taxes

The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.

Risk of loss

Loss or damage incurred during shipment by a carrier selected by Acushnet Company is the responsibility of Acushnet Company.

Warranties

The limited warranties applicable to Acushnet Company products are specified in the section titled 'Your Statutory Rights – Repairs and Refunds' below.

Return Policy: Products purchased directly from www.footjoy.com.au by a Customer may be returned in accordance with the return policy set out here: Return Policy

Products

The essential features and prices of the products sold by Acushnet Company are available on our website. Acushnet Company is under a legal duty to supply goods that are in conformity with the contract. However, the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

In particular, the MyJoys product shown on our website is an actual sample product of possible colour combinations for MyJoys golf shoes. Due to natural differences in the texture of leather, the actual product colours may vary slightly. Acushnet Company is not responsible for differences in screen resolution and colour calibration. These can lead to slightly different representations of the product on the screen compared to the final product that will be delivered to the Customer.

Acushnet as a company reserves the right to refuse orders for any printing on our products that, in our sole discretion, is inconsistent with our corporate values or brand identity, including, but not limited to, logos, designs and / or personalisation’s that are negative in nature, advocate violence or illegal activity or are libellous, hateful, threatening, defamatory, vulgar, obscene or pornographic.

Limitation of liability

If our supply of goods and/or services is missed or delayed by an event outside of Acushnet Company’s control – including, but not limited to, strikes, riots, armed conflict, fires, terrorist attacks, force majeure events or acts in accordance with any law or regulation – Acushnet Company will take reasonable steps to minimise the effect of the delay. Provided we do this, Acushnet Company assumes no liability for missed or delayed services due to such event. However, if there is a risk of substantial delay, you may contact us to receive a refund for any goods and/or services you have paid for but not received. In no event shall Acushnet Company be liable to the Customer for any (i) special or indirect, incidental or consequential damages, or (ii) damages due to loss of benefit or profit, except as and to the extent otherwise required by applicable law (including but not limited to the Australian Consumer Law).

Acushnet Company does not exclude or limit in any way its liability to you where it would be unlawful to do so.

Your Statutory Rights – Repairs and Refunds

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic, or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict, or modify, except in the limited circumstances set out in Limitation of liability for statutory guarantees below.

As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the good to us and receive a full refund or replacement (at your election). Alternatively, you may (at your election) choose to keep the good and recover from us the difference between the price you paid for the good and the value of the good.

As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either:

  • repairing the goods;
  • replacing the goods; or
  • providing a full refund including the delivery fee.

The statutory guarantees referred to in this clause may not apply to all products sold on the Site. You accept and acknowledge that the provisions of the Australian Consumer Law will determine:

  • which products are covered by such statutory guarantees; and
  • our liability to you for any failure of a good to meet a statutory guarantee (except where Acushnet Company has expressly chosen to limit its liability as permitted by the Australian Consumer Law as provided for in Limitation of liability for statutory guarantees below).

The statutory guarantees are in addition to any rights you may have under any voluntary or express warranties offered by Acushnet Company or any other manufacturer or supplier of the products. Except as expressly set out in Limitation of liability for statutory guarantees below nothing in this Agreement excludes, restricts or modifies your rights under the Australian Consumer Law.

Replacement products are subject to the same warranties as the original.

You must notify us of the relevant fault or failure within a reasonable time of supply of the goods or the time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of the goods.

Goods that develop a defect may also be covered by a manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs. You must retain your proof of order for any manufacturer warranty claims.

Limitation of liability for statutory guarantees : Where the products we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):

  • in the case of goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
    4. the payment of the cost of having the goods repaired; and
  • in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.

We cannot limit our liability in this way if you establish that it would not be fair or reasonable for us to do so.

Errors

Acushnet Company wants to ensure that the information on this page is accurate, complete, and current. However, despite our best efforts, there are cases where information about an item contains inaccurate or incomplete data, including data about the item's price or availability. To the extent permitted by law (including but not limited to the Australian Consumer Law), we do not guarantee that the information on this page is free from errors, complete or accurate.

Should a Acushnet Company product be listed with an incorrect price or information due to a typographical or typographical error, or an error in the pricing or product information, we will attempt to correct the error as it is discovered. Except as and to the extent otherwise required by applicable law (including but not limited to the Australian Consumer Law), we reserve the right to revoke any given offer for any reason and to correct any errors or omissions, even after an order has been placed and regardless of whether the order has been confirmed and your credit card has been charged. In such event, if your credit card has already been charged for the purchase and your order is declined, we will issue a credit to your credit card account for the amount of the charge and assume no additional liability for such cancellations.

SECTION 3 – GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are incorporated into, and form part of, the 'Terms and Conditions of Site Use' and the 'Terms and Conditions of Sale' (as applicable).

Indemnity

To the extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, and defend and hold harmless, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.

Termination

To the extent permitted by law (including but not limited to the Australian Consumer Law), we reserve the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:

  • restrict, suspend or terminate your access to all or any part of the Site (including your account) temporarily or permanently;
  • terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently;
  • establish general rules concerning use of the Site.

Personal Data

All orders are subject to our “Privacy Policy” which can be viewed and downloaded here: Privacy Policy

You can download these Terms and Conditions here: Terms and Conditions

Other important terms

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If any court or relevant authority decides that any of them are void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions that will remain in full force and effect.

Not for resale or export

The Customer agrees and states that they are making the purchase for their own use and not for commercial resale or export.

Transfer and assignment

You agree and acknowledge that, in the event that Acushnet Company merges with, sells, or otherwise changes control of our company, our business, or the Site to a third party:

  • we shall be permitted without giving notice or seeking prior consent from you to disclose the personal information and other data that we have collected from you to the third party; and
  • we shall be entitled to assign the benefit of any agreements we have with you to the third party.

Governing Law.

This Site and all sales shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of New South Wales, Australia, without regard to the principles of conflicts of laws. Any dispute in connection to your use of this Site shall be heard only in a federal or state court of competent jurisdiction located in New South Wales. By using this Site, you consent to the personal jurisdiction of such courts. If any of the terms and conditions stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these terms and conditions and shall not affect the enforceability of the remaining terms and conditions. This legal notice states the entire agreement between us with respect to your use of the Site, which agreement may only be amended in a writing signed by an authorised officer of Acushnet Company. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. If we do not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by us. References to a particular product or service do not imply that Acushnet Company intends to make such products or services available in such countries.


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