The Golf Athlete Terms and Conditions
Please read these Terms and Conditions ("Agreement") carefully before using www.thegolfathlete.com ("Site") operated by Dalgleish Physiotherapy and Athletic Development ("DPAD"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.thegolfathlete.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you are deemed to have read and agree to be bound by the following Terms and Conditions.
1. Professional Advice from Video or Written Material on the Website
The advice re technique correction, implementation of testing protocols and exercise interventions have been developed by DPAD and its consultants. The content forms a guide ONLY for PGA Professionals, Golf Coaches, Allied health staff and players who wish to improve their understanding of the link between the Physical and Technical characteristics of all levels of golfers. The resources do not substitute for your own judgement or individual professional advice that you may receive from reputable sources.
DPAD and its Directors disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of reading, interpreting or implementing programmes or exercises outlined in the content of this website. When rendering any physical training services (stretching, stability exercise or strength and conditioning) or any technical interventions (technique correction drills), you should not adopt any of the information in the resources of this website without exercising independent judgement and decision making based upon your own training, education and experience. It is imperative that the greatest degree of care is taken in all aspects of physical training and coaching intervention.
When reading, interpreting or implementing any of the information or exercises contained in the resource, you are fully aware and responsible for the following:
1. PPE – pre-participation evaluation and clearance—including Physiotherapy Screening;
2. Personal qualifications;
3. Appropriate supervision and instruction by trained personnel;
4. Facility and equipment set-up, inspection, maintenance, repair and signage;
5. Emergency planning and response;
6. Records and record keeping; and
7. Equal opportunity access.
Should you chose to implement any physical activity or training as a result of undertaking the resources viewed or read on this website, it is recommended that participants complete a thorough and complete medical, biomechanical and physical competence assessment or screening by a qualified and experienced Sports Medicine Professional.
2. Links to Other Sites
The Site may contain links to third-party sites that are not owned or controlled by DPAD. DPAD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information. DPAD will not accept any responsibility for any loss or damage caused resulting from your disclosure of personal information to third parties.
3. Links to this Website
You may not create a link to any page of this website without our prior written consent.
4. Acceptable Content and Use
You must not use the Site in a way that is unlawful, illegal, fraudulent or harmful, may cause damage to the Site or impairment of the availability or accessibility of the Site, to transmit in any way material which consists of (or is linked to) any spyware, computer virus or other malicious computer software, or to send or transmit unsolicited commercial communications without DPAD express written consent.
Any content you post or transmit on the Site must not be illegal, unlawful, offensive, infringe on any third party's legal rights and must not be capable of giving rise to any threatened or actual legal proceedings. We reserve the right to edit or remove any material submitted or published to the Site.
5. Payment Terms
If you are online purchasing product from the TGA site, then full payment is applicable at the time of purchase.There is no refund offered by TGA for online purchases of product, unless the product is proven to be defective by the administration of TGA.
In the case of Seminars, a 20% non-refundable deposit applies to any booking for attendance unless otherwise outlined in the registration for the individual seminar.
In the case of agreed and booked Consultancy work, a 20% non-refundable deposit applies unless otherwise agreed between the administration of TGA and the client.
6. Cancellation Policy for Seminars and Consultations
If cancelling attendance at a Seminar, the following scale of fees applies unless otherwise agreed by the TGA administration:
(a) Cancellation >28 days will attract forfeiture of the deposit or 20% of the full fee for the seminar
(b) Cancellation between 28 and 14 days will attract a 50% fee (including the initial deposit plus a further 30% fee)
(c) Cancellation between 14 and 7 days will attract a 75% fee (including the initial deposit plus a further 45% fee)
(d) Cancellation less than 7 days will attract a 100% of fee
If cancelling attendance by TGA staff at an agreed Consultancy, the following scale of fees applies unless otherwise agreed by the TGA Administration:
(a) Cancellation >28 days will attract forfeiture of the deposit or 20% of the full fee agreed for the consultancy
(b) Cancellation between 28 and 14 days will attract a 50% of the full fee agreed for the consultancy (including the initial deposit plus a further 30% fee)
(c) Cancellation between 14 and 7 days will attract a 75% fee agreed for the consultancy (including the initial deposit plus a further 45% fee)
(d) Cancellation less than 7 days will attract a 100% of fee agreed for the consultancy
7. Intellectual Property and Copyright Notice
The Site and its original content, features and functionality are owned by DPAD and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not republish, reproduce, redistribute, copy or otherwise exploit material from the Site, sell, rent or sub-license material from the Site, show any material from the Site in public, edit or modify material on the Site, without express written consent from DPAD.
8. Suspension and Termination of Service
DPAD may suspend the operation of the website for repair or maintenance work from time to time or in order to update or upgrade the website content or functionality. Access to or use of the website or any websites or pages linked to the Site will not necessarily be error free or uninterrupted.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Limitation of Liability
You agree that DPAD's liability with respect to any products and/or services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such products and/or services. DPAD shall not be liable for any direct, indirect, incidental and/or consequential damages resulting from the use or inability to use any of its products and/or services.
10. Changes to This Agreement
DPAD reserves the right, at its sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Waiver of any provision herein shall not be deemed a waiver or any other provision of this Agreement, nor shall any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
12. Force Majeure
We are not liable for any failure, cessation, interruption or delay in the provision of goods and/or services if such a failure is due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, labour strike, armed conflict, lockout, boycott, electrical failure or other similar events beyond our reasonable control. However in the event such an event described in this condition occurs, timely notice of the likelihood or actual occurrence of the event will be provided and all reasonable steps will be taken to minimize the delay or damages caused.
13. Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law.
14. Your Consent
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. These terms and conditions form part of the Agreement between the client and DPAD. Accessing of this Site and/or the purchasing of any products or services sold on the Site indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions herein. Your statutory Consumer Rights are unaffected.
15. Contacting UsIf there are any questions regarding these Terms and Conditions you may contact us using the information below:
Dalgleish Physiotherapy and Athletic DevelopmentThis Agreement was last modified on December 17 , 2018.
PO Box 4377
St Lucia South
BRISBANE QLD 4067