Introduction

These Terms and Conditions (“Terms”) are a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Perform Golf, operated by Kerrod Gray, ABN 53 677 629 674 (“Company,” “we,” “us,” or “our”), governing your access to and use of www.perform.golf, as well as any related media forms, channels, mobile websites, applications, digital products, online courses, or communities (collectively, the “Service”).

By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you are prohibited from using the Service and must discontinue use immediately.

Supplemental terms, policies, or agreements that may be posted within the Service are expressly incorporated into these Terms by reference. We reserve the right, at our sole discretion, to modify or update these Terms at any time and for any reason. Any updates will be reflected by a new “Last Updated” date at the top of this page. By continuing to use the Service after any revisions are posted, you accept and agree to the updated Terms. It is your responsibility to periodically review these Terms to remain informed of any changes.

The Service is not intended for use in any jurisdiction or country where such use would violate laws, regulations, or require registration within that jurisdiction. If you choose to access the Service from outside Australia, you do so at your own initiative and are solely responsible for compliance with applicable local laws.

The Service is intended for individuals aged 18 or older. If you are under 18, you are not permitted to register for or use the Service.

Intellectual Property Rights

Unless otherwise stated, the Service, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, digital course materials, and other content (collectively, the “Content”), and the trademarks, service marks, and logos used within the Service (the “Marks”), are owned or licensed by Perform Golf and are protected by Australian copyright, trademark, and other intellectual property laws, as well as international conventions.

The Content and Marks are provided on the Service “as is” for your personal, non-commercial use only. Except where expressly permitted in these Terms, no part of the Service, including the Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise used for any commercial purpose without our prior written consent.

Any unauthorized use of our intellectual property is strictly prohibited and may result in suspension or termination of access, as well as legal action.

Digital Products and Courses

All digital products, including courses, memberships, programs, and downloadable materials, are provided for educational and informational purposes only. Results are not guaranteed and will vary depending on your individual effort, skill, and other factors beyond our control.

Unless otherwise stated, purchases of digital products are non-refundable due to the instant and irrevocable access provided upon purchase. If a refund policy applies, the terms of that policy will be clearly stated at the point of sale.

User Representations

By using the Service, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain and promptly update your information to keep it accurate and current.
3. You have the legal capacity to enter into these Terms and you agree to comply with them.
4. You are not considered a minor under the laws of your jurisdiction.
5. You will not access the Service through automated or non-human means, including bots, scripts, or similar tools.
6. You will not use the Service for any unlawful or unauthorized purpose.
7. Your use of the Service will comply with all applicable laws and regulations.

If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny you current or future access to the Service, in whole or in part.

User Registration

You may be required to register for an account to access certain parts of the Service. You agree to keep your login credentials, including your password, strictly confidential and to take reasonable steps to prevent unauthorized access to your account. You are responsible for all activity that occurs under your account, whether authorized by you or not.

We reserve the right, at our sole discretion, to remove, reclaim, or change any username you create if we determine that it is inappropriate, offensive, misleading, infringes on the rights of others, or violates these Terms.

Prohibited Activities

You may only access or use the Service for purposes explicitly authorized by Perform Golf. Any commercial use of the Service without our written approval is prohibited.

1. Systematically retrieve, copy, or compile data or content from the Service without written permission.
2. Trick, defraud, or mislead us or other users, including attempts to obtain sensitive account information.
3. Circumvent, disable, or interfere with security features or restrictions on content use or access.
4. Disparage, tarnish, or otherwise harm the reputation of Perform Golf or the Service.
5. Harass, abuse, or harm another person through information obtained via the Service.
6. Misuse support services or submit false reports of abuse or misconduct.
7. Violate any applicable laws, rules, or regulations in your use of the Service.
8. Post or distribute unauthorized advertisements, offers, or solicitations.
9. Frame, mirror, or link to the Service without authorization.
10. Upload or transmit viruses, malicious code, or disruptive content, including spam or repetitive posting.
11. Use automated systems, such as scripts, bots, data mining, or scraping tools, without permission.
12. Remove or alter copyright, trademark, or proprietary notices from any content.
13. Impersonate another user, person, or entity, or misrepresent your affiliation with them.
14. Sell, license, or otherwise transfer your account or profile without written consent.
15. Upload or transmit spyware, passive collection mechanisms, or other tracking tools without authorization.
16. Interfere with or disrupt the proper functioning of the Service, networks, or systems.
17. Harass, intimidate, or threaten any employee, contractor, or representative of Perform Golf.
18. Attempt to bypass restrictions, security measures, or access controls within the Service.
19. Copy, adapt, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Service’s software.
20. Use agents or automated services to make purchases without consent.
21. Collect or harvest information, including email addresses or usernames, for unsolicited communications.
22. Use the Service or its content in any way that competes with Perform Golf or for any unauthorized commercial purpose.

User Generated Contributions

The Service may allow you to chat, participate in forums, submit comments, upload content, or otherwise share materials (collectively, “Contributions”). Contributions may include text, images, videos, audio, graphics, feedback, suggestions, or other materials. These Contributions may be visible to other users or to third parties, and by submitting them, you acknowledge and agree that they will be treated as non-confidential and non-proprietary.

By creating, posting, or otherwise making available any Contributions, you represent and warrant that:

1. You own or have the rights, licenses, and permissions to share your Contributions.
2. Your Contributions do not infringe intellectual property or other proprietary rights of third parties.
3. Any individuals identifiable in your Contributions have provided written consent for their name, image, or likeness to be used.
4. Your Contributions are truthful and not misleading.
5. Your Contributions are not spam, unsolicited promotions, or unauthorized solicitations.
6. Your Contributions are not obscene, defamatory, harassing, violent, hateful, or otherwise inappropriate.
7. Your Contributions do not mock, intimidate, or disparage others.
8. Your Contributions do not encourage violence, unlawful activity, or harm.
9. Your Contributions comply with all applicable laws and regulations.
10. Your Contributions do not exploit or solicit information from anyone under 18 or contain harmful material directed at minors.
11. Your Contributions are not discriminatory or offensive based on protected characteristics.

Violations of these requirements may result in suspension or termination of your account and legal action, at our discretion.

Contribution License

By posting or submitting Contributions, you grant Perform Golf a worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive license to use, reproduce, display, publish, distribute, and create derivative works from your Contributions for any lawful purpose, including marketing, promotions, advertising, testimonials, educational content, and commercial publications.

You retain ownership of your Contributions and any associated intellectual property rights. However, you acknowledge that you are solely responsible for your Contributions and agree to indemnify us against any claims or disputes arising from them.

We may moderate Contributions at our discretion but have no obligation to monitor or remove content unless required by law.

Mobile Application License

Use License

If you access the Service through a mobile application (“App”), we grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App on devices you own or control. Your use of the App must comply with these Terms and all applicable laws.

You agree not to:

1. Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App.
2. Modify, adapt, improve, enhance, translate, or create derivative works from the App.
3. Violate any laws, rules, or regulations in connection with your use of the App.
4. Remove, alter, or obscure proprietary notices, such as copyright or trademark attributions.
5. Use the App for commercial purposes beyond what is explicitly authorized by us.
6. Share the App over a network or environment allowing multiple devices or users to access it simultaneously.
7. Use the App to develop a competing product, service, or software.
8. Send automated queries or unsolicited communications through the App.
9. Use our proprietary interfaces, APIs, or intellectual property to design or distribute third-party apps, accessories, or services.

Automatic Updates

By installing or using the App, you consent to the automatic installation of updates, patches, or new releases that we may deploy periodically to improve security, fix bugs, or enhance functionality. Refusal to install updates may result in limited functionality or termination of your access to the App.

Apple and Android Devices

If you downloaded the App from the Apple App Store or Google Play Store (“App Distributors”), your license is limited to using the App on devices that run the Apple iOS or Android operating systems, in accordance with the usage rules specified by the App Distributor. App Distributors are not responsible for providing support or maintenance for the App, and they are considered third-party beneficiaries of this license.

Submissions

By providing us with any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), you acknowledge and agree that such Submissions are non-confidential and shall become the exclusive property of Perform Golf.

We will own all rights, including any intellectual property rights, to these Submissions and may use, reproduce, modify, distribute, publish, or otherwise exploit them for any lawful purpose, including commercial or promotional purposes, without acknowledgment, attribution, or compensation to you.

You waive any moral rights you may hold in your Submissions and represent and warrant that your Submissions are original to you or you have the legal right to provide them, and that providing your Submissions does not violate any third-party rights.

You agree that you will have no recourse against Perform Golf for any actual or alleged infringement or misappropriation of any proprietary right in your Submissions.

Site Management

1. Monitor the Service for violations of these Terms.
2. Take any legal or technical action we consider appropriate against anyone who violates these Terms or applicable law.
3. Restrict, suspend, or disable access to any portion of the Service, at any time and without notice, if necessary to protect the integrity or security of the Service.
4. Remove, disable, or delete any content, files, or data that we determine to be excessive, harmful, or otherwise burdensome to our systems.
5. Manage the Service in a way that protects our rights and property, ensures security and functionality, and maintains a safe experience for all users.

We are not liable for any action we take under this section, and you agree that we have no obligation to monitor activity or enforce these Terms unless required by law.

Privacy Policy

We care about your privacy and handle personal information in accordance with our Privacy Policy, which is incorporated by reference into these Terms. This includes compliance with applicable data protection laws, including GDPR and other international standards where required.

By using the Service, you consent to the collection, processing, and storage of your data as described in our Privacy Policy.

Term and Termination

These Terms remain in effect for as long as you use the Service.

We reserve the right, at our sole discretion and without prior notice or liability, to restrict, suspend, or permanently terminate your access to the Service for any reason or no reason, including but not limited to breach of these Terms, misrepresentation or fraudulent activity, or behavior that harms other users, our platform, or our reputation.

If your account is terminated or suspended, you may not create a new account under your own name, a false identity, or the name of a third party, even if you are acting on their behalf.

In addition to restricting or terminating your access, we reserve the right to pursue all appropriate legal remedies, including civil, criminal, or injunctive actions.

Modifications and Interruptions

We reserve the right, at our sole discretion, to change, update, modify, suspend, or remove any part of the Service at any time and for any reason, without prior notice. While we may update information or functionality periodically, we are under no obligation to do so.

We cannot guarantee that the Service will always be available or uninterrupted. Technical issues, maintenance, upgrades, or events beyond our control may result in delays, downtime, or errors. You agree that we are not responsible or liable for any loss, damage, or inconvenience resulting from your inability to access or use the Service during such times.