1. Who we are
HoleMarked is operated by Optimisation Australia Pty Limited (ABN 94 116 927 354), trading as oa agency ("we", "us", "our"). You can contact us at get@holemarked.com.
These terms apply to golf clubs that subscribe to HoleMarked ("club", "you") and to the people who use it on a club's behalf.
2. The service
HoleMarked is a web platform that lets golf clubs give members short rules and etiquette quizzes, club local rules, a leaderboard and a Holemark Pass, plus committee tools to manage settings, members and invites (the "Service").
3. Accounts and committee officials
A club account is set up and managed by one or more committee officials nominated by the club. Committee officials must be authorised by the club to accept these terms and to manage the account. You are responsible for keeping sign in details secure and for all activity under your club account. Tell us promptly if you suspect unauthorised access.
4. Club responsibilities
- Keep member data you add accurate and up to date.
- Make sure you have the consent or other lawful basis needed to invite members and to share their details with us.
- Make sure club content, including local rules, is accurate and that you have the right to use it.
- Make sure your members use the Service in line with these terms.
5. Acceptable use
You must not, and must not allow anyone to:
- use the Service unlawfully or to harass, mislead or harm anyone;
- upload malicious code or try to gain unauthorised access to the Service or other accounts;
- copy, resell, scrape or reverse engineer the Service except as allowed by law;
- interfere with the security, integrity or performance of the Service.
6. Subscriptions and billing
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle handles checkout, payment, invoicing, sales tax, VAT and GST, and refunds. Your contract of purchase is with Paddle under Paddle's buyer terms.
Pricing is set per club by member band, billed monthly or annually. Annual plans include two months free compared with monthly billing. If your club's membership grows past its member band, your club moves to the next tier and its price. There is no setup fee. Current prices are at holemarked.com/pricing.
Subscriptions renew automatically at the end of each billing period unless cancelled.
7. Cancellation and refunds
Monthly plans have no minimum term, and you can cancel at any time from your account or by emailing get@holemarked.com. Access continues until the end of the month you have paid for. Annual plans run for the full year you have paid for. Because the annual price already includes two months free, an annual plan can't be cancelled partway through for a partial refund, and you can cancel it at any time so that it does not renew. We do not give refunds, except where required by law. See our Refund and Cancellation Policy.
8. Price changes
We may change prices from time to time. We will give you at least 30 days notice by email before a change applies to your subscription. A new price takes effect from your next billing period after the notice period. If you do not agree, you may cancel before it takes effect.
9. Intellectual property
We and our licensors own all rights in the Service, including software, design, quizzes and other content we provide. We grant you a limited, non exclusive, non transferable right to use the Service for your club during your subscription.
10. Club content licence
You keep ownership of content you upload, such as local rules, logos and member lists ("Club Content"). You grant us a non exclusive, worldwide, royalty free licence to host, copy, display and process Club Content only as needed to provide and support the Service. Our handling of personal information in Club Content is governed by our Privacy Policy and Data Processing Agreement.
11. Availability
We aim to keep the Service available and reliable, but we do not promise it will be uninterrupted or error free. We may carry out maintenance and make changes to features. We will try to give notice of planned downtime or material changes where reasonable.
12. Liability
Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited ("non excludable rights").
Subject to non excludable rights:
- the Service is provided on an "as is" and "as available" basis, and quiz and rules content is for learning only and is not an official ruling;
- we are not liable for any indirect or consequential loss, or loss of profit, revenue or data;
- our total liability arising out of or in connection with these terms is limited to the fees paid for the Service in the 12 months before the event giving rise to the claim.
Where our liability for failure to comply with a consumer guarantee can be limited, it is limited to supplying the services again or paying the cost of having them supplied again.
13. Termination
You may stop using the Service and cancel at any time. We may suspend or end your access if you materially breach these terms and do not fix the breach within 14 days of notice, or immediately where needed to protect the Service, other users or to comply with law. On termination, your right to use the Service ends and we will handle club data as set out in the Data Processing Agreement.
14. Changes to these terms
We may update these terms. We will notify committee officials of material changes by email before they take effect.
15. Governing law
These terms are governed by the laws of New South Wales, Australia. Each party submits to the non exclusive jurisdiction of the courts of New South Wales.
16. Contact
Questions about these terms: get@holemarked.com.