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, coaching services, 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 to modify or update these Terms from time to time. Any update will be reflected by a new “Last Updated” date at the top of this page. If a change materially affects an active subscription, including a price, billing frequency, or significant inclusion change, we will provide any notice required by applicable law before the change takes effect. By continuing to use the Service after revised Terms take effect, you agree to the revised Terms, subject to any rights you have under applicable law.

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 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.

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

All digital products, including courses, memberships, programs, downloadable materials, coaching content, swing reviews, online lessons, video feedback, and community access, are provided for educational and informational purposes only. Results are not guaranteed and will vary depending on your individual effort, skill level, physical ability, consistency, and other factors beyond our control.

Unless otherwise stated in writing at the point of purchase, purchases of digital products, courses, online lessons, swing reviews, coaching calls, video feedback, downloadable resources, and memberships are non-refundable after access to the relevant digital content or service has been provided.

This does not exclude, restrict, or modify any consumer guarantee, cancellation right, refund right, or other remedy that cannot lawfully be excluded.

If a specific refund policy, guarantee, cancellation term, or cooling-off period applies to a particular offer, it will be clearly stated on the relevant sales page, checkout page, booking page, or purchase confirmation and will apply to that purchase.

Where you are entitled to a withdrawal, cancellation, or refund right under applicable law, including laws that apply to consumers in the United Kingdom or European Economic Area, that right is not affected by these Terms. Where permitted by law, we may ask you at checkout to expressly consent to immediate access to digital content or services and acknowledge the effect this may have on any statutory withdrawal or cancellation right.

The price, currency, billing frequency, and any applicable taxes for a product, membership, subscription, program, or service will be shown at the relevant checkout before you place your order.

For a one-time purchase, you authorise us or our third-party payment processor to charge the amount shown at checkout once.

For a recurring membership, subscription, or payment plan, you authorise us or our third-party payment processor to charge your nominated payment method automatically at the frequency shown at checkout. Your subscription will continue and renew automatically unless you cancel it before the next renewal date.

Any introductory price, free trial, or promotional period will be clearly disclosed at checkout. Unless stated otherwise at checkout, the subscription will automatically renew at the standard recurring price after the introductory or trial period ends unless you cancel before that renewal date.

You may cancel a recurring subscription at any time through the cancellation method provided in your account, in your purchase confirmation, or by contacting us at [email protected]. Cancellation will stop future renewals. Unless required by law or expressly stated otherwise at the point of purchase, you will retain access until the end of the current paid billing period and we will not provide a pro-rata refund for unused time in that period.

If a payment fails, we may retry the payment method, suspend access to the relevant Service, or cancel the subscription after giving any notice required by applicable law. You remain responsible for amounts properly due for the current or previous billing periods.

We may change the price of an ongoing subscription by giving you prior notice as required by applicable law. The new price will apply from the next renewal date after that notice, unless you cancel before then.

Some Perform Golf subscriptions, memberships, programs, or offers may include a monthly, weekly, or otherwise recurring allocation of coaching calls, online lessons, swing reviews, video feedback, or other support services.

Unless expressly stated otherwise at the point of purchase, any call, lesson, swing review, coaching allocation, or support allocation included within a subscription must be used within the applicable billing period or stated usage period.

Unused calls, online lessons, swing reviews, coaching allocations, or support allocations do not roll over into future billing periods, future months, future subscription periods, or future purchases.

It is your responsibility to book, submit, attend, or use any included call, lesson, swing review, or support allocation within the relevant period. Failure to use an allocation within the relevant period does not entitle you to a refund, credit, extension, replacement session, or transfer, unless expressly agreed by Perform Golf in writing or required by applicable law.

Subscription inclusions may vary depending on the specific offer, plan, membership, or promotion purchased. The inclusions shown on the checkout page, sales page, booking page, or order confirmation will apply to that specific purchase only.

By using the Service, you represent and warrant that:

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

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 unauthorised access to your account. You are responsible for all activity that occurs under your account.

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.

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

• Systematically retrieving, copying, or compiling data or content from the Service without written permission.
• Tricking, defrauding, or misleading us or other users, including attempts to obtain sensitive account information.
• Circumventing, disabling, or interfering with security features or restrictions on content use or access.
• Harassing, abusing, intimidating, or harming another person through information obtained via the Service.
• Misusing support services or submitting false reports of abuse or misconduct.
• Posting or distributing unauthorised advertisements, offers, or solicitations.
• Uploading or transmitting viruses, malicious code, spam, or disruptive content.
• Using scripts, bots, data mining, scraping tools, or other automated systems without permission.
• Removing or altering copyright, trademark, or proprietary notices.
• Impersonating another user, person, or entity, or misrepresenting your affiliation with them.
• Selling, licensing, or otherwise transferring your account or profile without written consent.
• Interfering with or disrupting the proper functioning of the Service, networks, or systems.
• Attempting to bypass restrictions, security measures, or access controls within the Service.
• Copying, adapting, decompiling, disassembling, reverse engineering, or otherwise attempting to derive source code from the Service’s software.
• Collecting or harvesting information, including email addresses or usernames, for unsolicited communications.
• Using the Service or its content in any way that competes with Perform Golf or for any unauthorised commercial purpose.

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. Contributions may be visible to other users or third parties, and by submitting them, you acknowledge that they may be treated as non-confidential and non-proprietary.

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

• You own or have the rights, licences, and permissions to share your Contributions.
• Your Contributions do not infringe intellectual property or other proprietary rights of third parties.
• Any identifiable individuals in your Contributions have provided consent for their name, image, or likeness to be used.
• Your Contributions are truthful and not misleading.
• Your Contributions are not spam, unsolicited promotions, or unauthorised solicitations.
• Your Contributions are not obscene, defamatory, harassing, violent, hateful, discriminatory, or otherwise inappropriate.
• Your Contributions do not encourage violence, unlawful activity, or harm.
• Your Contributions comply with all applicable laws and regulations.
• Your Contributions do not exploit or solicit information from anyone under 18 or contain harmful material directed at minors.

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

By posting or submitting Contributions, you grant Perform Golf a worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive licence to use, reproduce, display, publish, distribute, and create derivative works from your Contributions for any lawful purpose, including operating, promoting, advertising, and improving the Service.

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, to the extent permitted by law.

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

If you access the Service through a mobile application (“App”), we grant you a revocable, non-exclusive, non-transferable, limited licence 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 decompile, reverse engineer, disassemble, modify, adapt, improve, translate, or create derivative works from the App; remove proprietary notices; use the App for unauthorised commercial purposes; share the App in a way that allows multiple unauthorised users to access it; develop a competing product using the App; or send automated queries or unsolicited communications through the App.

By installing or using the App, you consent to the automatic installation of updates, patches, or new releases that we may deploy to improve security, fix bugs, or enhance functionality.

If you downloaded the App from the Apple App Store or Google Play Store, your use is also subject to the applicable App Distributor’s terms and usage rules. App Distributors are not responsible for support or maintenance of the App.

By providing us with questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), you acknowledge that the Submissions are non-confidential and may be used by Perform Golf for any lawful purpose, including to operate, improve, market, or promote the Service.

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

We may monitor the Service for violations of these Terms and take legal or technical action we consider appropriate. We may restrict, suspend, or disable access to any portion of the Service where reasonably necessary to protect the integrity, security, functionality, rights, property, or users of the Service.

We may remove, disable, or delete content, files, or data that we determine to be excessive, harmful, unlawful, or burdensome to our systems. We are not liable for action reasonably taken under this section, and we have no obligation to monitor activity or enforce these Terms unless required by law.

We care about your privacy and handle personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, disclose, and protect personal information, and how you may exercise applicable privacy rights.

By using the Service, you acknowledge that we will handle your personal information as described in our Privacy Policy and in accordance with applicable law.

These Terms remain in effect for as long as you use the Service or hold an active subscription, membership, or account.

We may restrict, suspend, or terminate access to the Service where reasonably necessary, including where you breach these Terms, provide false or misleading information, engage in fraudulent activity, misuse the Service, or harm other users, our platform, or our reputation.

If we suspend or terminate your account, 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.

Termination or suspension does not affect any rights or remedies either party has accrued before that time. Nothing in this section limits any refund, cancellation, or other consumer right that cannot lawfully be excluded.

We reserve the right to change, update, modify, suspend, or remove any part of the Service at any time and for any reason. 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. To the maximum extent permitted by law, we are not responsible for loss, damage, or inconvenience resulting from your inability to access or use the Service during such times.

These Terms and your use of the Service are governed by the laws of the Commonwealth of Australia and, where applicable, the laws of Western Australia.

Nothing in these Terms is intended to deprive you of mandatory rights or protections available under the laws of the country or region in which you live. Where mandatory consumer law requires a different court, regulator, dispute process, or governing law to apply, that law will apply to the extent required.

Informal Resolution

If you have a concern or dispute, please contact us first at [email protected] with details of the issue. We will try to resolve it in good faith within a reasonable time.

Your Legal Rights

Nothing in these Terms prevents either party from seeking relief through a court, tribunal, regulator, or consumer-protection body where that right cannot lawfully be excluded or limited.

Any arbitration or alternative dispute-resolution process will apply only where it is lawful and has been agreed in a manner required by applicable law. Nothing in this section limits your right to bring a consumer claim in your local jurisdiction where that right applies.

The Service may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, or availability. We reserve the right to correct errors or omissions and update information at any time. We make no guarantee that all information on the Service is complete, accurate, or current.

The information, strategies, drills, and advice provided through the Service, including courses, coaching materials, or community discussions, are intended for general educational purposes only. They are not legal, financial, medical, or other professional advice.

You should consult a qualified professional before relying on content or implementing strategies that could have legal, financial, health, or safety implications.

All fitness, strength and conditioning, or mobility advice provided through the Service is supplied solely by Golf Fit Pro and has no connection to Kerrod Gray Golf or Perform Golf. Participation in exercise, training, or fitness activity is voluntary and at your own risk.

To the maximum extent permitted by law, Perform Golf does not accept responsibility or liability for injuries, health issues, or damages that may occur as a result of following strength and conditioning programs, mobility drills, or other fitness-related advice, whether provided through the Service or through third-party providers.

You should consult with a qualified healthcare professional before beginning any new exercise or fitness program to ensure it is appropriate for your individual circumstances.

Site Provision

The Service is provided “as is” and “as available.” Your decision to use the Service is at your own risk.

Warranty Disclaimer

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Third-Party Services

Some parts of the Service may integrate or rely on third-party platforms and services, including payment processors, content hosts, automation platforms, and social media integrations. We are not responsible for errors, outages, breaches, or issues caused by these third-party providers. Your use of those integrations is subject to the relevant third party’s terms and privacy policies.

Liability Limitations

To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, special, or punitive loss or damage, including lost profits, loss of data, or loss of opportunity.

To the maximum extent permitted by law, our total aggregate liability arising out of or connected with the Service or these Terms will not exceed the greater of:

• the amount you paid us for the relevant Service in the six months before the event giving rise to the claim; or
• AUD $400.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, liability for fraud, or liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Perform Golf, its affiliates, officers, agents, employees, and contractors from claims, liabilities, damages, and reasonable legal fees arising out of or related to your use of the Service, your breach of these Terms, your violation of third-party rights, your harmful or negligent conduct toward others, or your Contributions.

We may assume exclusive defence and control of any matter otherwise subject to indemnification by you, at your expense, and you agree to cooperate with our defence.

We may maintain certain data you transmit to the Service for performance, operational, and security purposes. While we perform routine backups, you are responsible for maintaining copies of your own data where appropriate.

To the maximum extent permitted by law, we are not liable for loss or corruption of data caused by circumstances outside our reasonable control.

By visiting the Service, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive agreements, notices, disclosures, and other communications from us electronically, whether by email or through the Service, where permitted by law.

You also agree to the use of electronic signatures, electronic contracts, orders, and records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by us or through the Service.

Where you choose to subscribe or otherwise give consent, you agree that we may send you marketing emails and promotional messages in accordance with applicable law. You may withdraw your consent at any time by using the unsubscribe link in a marketing message or by contacting us directly. Withdrawing consent will not affect essential service, account, order, or billing communications.

For questions about these Terms, cancellations, billing, refunds, or the Service, please contact:

Kerrod Gray
ABN: 53 677 629 674
40 Terry Drive
Margaret River, WA 6285
Australia
Email: [email protected]

These Terms, together with any policies or operating rules posted by us on the Service, constitute the entire agreement and understanding between you and Perform Golf regarding the Service.

Our failure to exercise or enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. These Terms operate to the fullest extent permitted by law, and we may assign any or all of our rights and obligations to others at any time without notice.

We are not responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be considered severable and will not affect the validity or enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or by your use of the Service.

You agree that these Terms will not be interpreted against us solely because we drafted them, and you waive any defence you may have regarding the electronic form of these Terms or the absence of physical signatures, to the extent permitted by law.