Red Rocks Golf and Accommodation

Terms & Conditions

Red Rocks Golf Club
Terms of Use
These Terms (as defined below) govern your use of the golf course, accommodation and facilities at Red Rocks Golf Club, 627A Settlement Road, Cowes VIC 3922 (Facilities) and your relationship with Moda Management Pty Ltd ACN 103 248 013 and its related bodies corporate (Moda). Please read these Terms carefully.
1. Acknowledgement
By accessing and using redrocksgolf.com.au (Website), you represent that you have read, understood and agree to be bound by these Terms as set out below. You must not use the Website if you do not agree with these Terms or any part of these Terms.
Moda reserves the right to change these Terms at any time in accordance with section 15. Please check redrocksgolf.com.au at regular intervals for any changes. Your continued use of the Website following any changes to these Terms will constitute acceptance of the Terms as varied.
2. Terms
These Terms consist of:
(a) these Terms;
(b) our privacy policy which sets out how we will use your information; and as varied from time to time in accordance with section 15.
3. Bookings
(a) By making a booking to use the Facilities you are offering to do so on and subject to these Terms. All bookings submitted through the Website are subject to Moda confirming the availability and price for the Facilities booked.
(b) Once you submit your booking request, you will receive an email to confirm receipt of your booking request. This email confirmation does not constitute an acceptance of the booking request. Moda only accepts your offer, and concludes the booking made by you, when we send you an email confirming that the booking has been made and full payment has been received by us.
(c) You may cancel a booking for accommodation with no charge if you notify us in writing of the cancellation no later than 28 days prior to your scheduled arrival. A cancellation made after this time up to 7 days prior to your scheduled arrival will incur a fee equal to 10% of the price for your booking. We will assess a fee equal to the price for your booking if you cancel your booking at any time after 7 days prior to your scheduled arrival.
(d) Purchases from Moda must only be for personal use. You must not exploit this Website or any part of this Website for any commercial purpose that conveys authority or approval of Moda without Moda’s prior written consent, including in relation to the resale of Moda’s products. Moda reserves the right to cancel bookings that it considers do not comply with these Terms.
(e) Moda reserves the right to withdraw from sale any of the Facilities without prior notice.
4. Pricing and availability
(a) All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars. All prices on the Website also include Australian Goods and Services Tax (GST).
(b) Moda uses its best endeavours to ensure that the prices, availability and descriptions of the Facilities which appear on the Website are accurate, however errors may occur. Subject to your statutory rights under the Australian Consumer Law and to the maximum extent permitted by applicable law, Moda reserves the right to correct inadvertent errors, omissions or inaccuracies on the Website in relation to price, availability or descriptions of the Facilities.
(c) If Moda identifies an error in the price of any of the Facilities you have submitted a booking for, prior to acceptance by Moda, Moda will inform you of the error and cancel your booking. You will have the option to re-book the Facility.
(d) If Moda discovers that any of the Facilities in your booking are unavailable, prior to acceptance by Moda, Moda may cancel your booking. Moda may also cancel your booking (including bookings accepted by Moda) due to technical errors in processing your booking. If we cancel your booking due to any of the Facilities in your booking not being available or due to a technical processing error and you have paid for the booking, you will be given a full refund for any amount paid for the booking.
(e) Purchases from this Website can only be made using the payment options provided on the Website.
5. Intellectual property rights
(a) Intellectual Property includes any and all present and future rights throughout the world in respect of:
(i) copyright, including copyright in data, text, software, images, graphics, interfaces, photographs and video;
(ii) registered and unregistered trademarks and applications for registration for any trademarks and any trade or brand names, business names and domain names;
(iii) patents and any application for grants of patents;
(iv) trade secrets, know-how and confidential information; and
(v) all other intellectual property whether at common law, in equity or conferred by any law.
(b) All Intellectual Property on the Website (Content) is owned by, or licensed to, Moda. Except for viewing the Content for your own personal non-commercial use or as otherwise agreed in writing, Moda does not grant you any rights to use the Website or Content for any other purpose.
(c) You agree not to copy, reproduce, publish, adapt, modify, create derivative works retransmit, manipulate, distribute, disseminate, sell, broadcast, circulate, make available online, communicate to the public or otherwise commercially exploit the Content or copies of the Content to any third parties for any purpose, unless Moda has provided its express prior written consent.
(d) Any material that you send to Moda or post on Moda’s social media or other platform, will be deemed to be non-confidential. You provide Moda with a royalty free, perpetual licence to use (including to reproduce, distribute, display) the material provided in connection with the Moda business on the Website, in social media posts, advertisements, presentations, training material and other documents, whether in printed, digital, electronic or other format for the purpose of promoting the Moda business.
6. Use of the Website
(a) You must not:
(i) access or attempt to access any part of the Website which is not designated for access by a user of the Website for personal purposes;
(ii) except as permitted under section 5(c), by any means copy, reproduce, republish, duplicate, adapt, upload, link, post, frame, translate, transmit (including recording or caching by a storage or information retrieval system) or distribute any part of the Website or any Content;
(iii) use the Website or any Content in any way that is unlawful or breaches the rights of Moda or any third party;
(iv) attempt to damage, interfere with or introduce anything to this Website or system connected to it for any purpose;
(v) use the Website or Content in any way that causes, or may cause damage to the Website or compromises the availability or access of the Website, including by transmitting or distributing a virus, malware, Trojan horse, worm, spyware or post any other material which is malicious, or harmful to the Website or corrupt the Website’s data;
(vi) post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material, or encourage any other person to do so;
(vii) do anything that imposes an unreasonable or disproportionate workload on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
(viii) breach the security of the Website, hack into any aspect of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
(ix) interfere with any other person's use or enjoyment of the Website, or infringe upon the rights of any other person’s proprietary rights;
(x) use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
(xi) post or transmit any materials to the Website which breach any laws, including the Privacy Act 1988 (Cth), or the export of personal data;
(xii) engage in conduct that involves spamming other users of the Website;
(xiii) post or transmit any materials to the Website which are incorrect or misleading; or
(xiv) use the Website in any way that otherwise breaches these terms.
(b) Moda may refuse you access to the Website or edit or delete material posted in contravention of these conditions by you.
7. Use of the Facilities
(a) You acknowledge and agree that:
(i) there is an inherent risk and possible danger associated with use of the Facilities, including the risk of physical injury.
(ii) you must access and use the Facilities in a safe and appropriate manner and must obey:
(A) all reasonable directions of Moda, its property managers, employees and contractors in relation to your use of, and access to, the Facilities; and
(B) any house rules or regulations, or codes of conduct which apply from time to time in respect of the Facilities;
(iii) you must not engage in offensive, abusive or inappropriate behaviour whilst on, using or accessing the Facilities; and
(iv) neither Moda or its property managers nor any of their employees or contractors accepts responsibility for any damage, loss, claim, demand, liability or injury you suffer as a result of your use of the Facilities except to the extent that it is caused by our mistake, fraud, negligence or wilful misconduct.
(b) You voluntarily accept all risks of injury, death and damage(s) that may occur as a direct or indirect consequence of or in connection with your access and use of the Facilities, to the maximum extent permitted by law.
(c) You release Moda, its property managers, employees and contractors from all damages, losses, claims, demands, actions, proceedings, expenses or liabilities which you may have or had as a consequence of, or in connection with your access and use of the Facilities, to the maximum extent permitted by law and except to the extent that they are caused by our mistake, fraud, negligence or wilful misconduct.
(d) You indemnify Moda, its property managers, employees and contractors against all losses, liabilities, costs and expenses incurred, directly or indirectly, as the result of or in connection with a claim, demand, action or proceeding made by you in connection with your access and use of the Facilities except to the extent that they are caused by our mistake, fraud, negligence or wilful misconduct.
8. Social Media Pages
(a) If you tag any images with any of our brand social media handles (including @Moda) you provide Moda with a royalty free, perpetual licence to use (including to reproduce, distribute, display) the material provided in connection with the Moda business on the Website, in social media posts, advertisements, presentations, training material and other documents, whether in printed, digital, electronic or other format for the purpose of promoting the Moda business.
(b) Moda, in its complete discretion, reserves the right to remove posts it considers defamatory, offensive, irrelevant, hurtful, abusive, spam, or against our values. Promotion for commercial services will be removed unless prior permission has been received.
9. Third Party websites
(a) The Website may contain links to other websites operated, controlled or produced by third parties (Third Party Websites). Moda is not responsible for any content on Third Party Websites, nor does it control, endorse, sponsor or approve such websites. If you choose to visit these Third Party Websites, you do so at your own risk and should make your own enquiries before relying on any content contained in such Third Party Websites.
(b) Moda makes no representations about the quality or accuracy of content available on Third Party Websites, or that the Third Party Websites’ content does not infringe the intellectual property rights or other rights of a third party.
10. Cookies
The Website may collect and use cookies to assist in the operation of the Website. A cookie is a small file placed on a user's hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter that information on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse cookies. A user can refuse a cookie and still fully navigate our Website. In order to collect statistics, we may anonymously log information and identify categories of users by data items such as domains and browser types.
11. Disclaimers and limitations
(a) While Moda updates the Website regularly, it makes no representation as to the accuracy, currency or completeness of any Content or services on the Website. All Content and services are provided on the basis that you undertake the responsibility for assessing their accuracy and that you rely on the Content and services entirely at your own risk. You should seek independent advice before acting on any material or information contained on the Website or any Third Party Website, and you must not provide any warranties to third parties in relation to the Content, the services or the performance of the Website.
(b) To the extent that you acquire goods or services from Moda as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Terms to be void.
(c) Subject to section 11(b) and your statutory rights under the Australian Consumer Law, to the maximum extent permitted by applicable law:
(i) all Content and services on the Website are provided on an 'as is' basis; and
(ii) Moda:
(A) expressly excludes all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on Moda; and
(B) does not warrant or guarantee in any way:
(I) the accuracy or completeness of any Content;
(II) that access to or operation of the Website will be uninterrupted or error free;
(III) that any defects on the Website will be corrected immediately; or
(IV) that the Website will be free from viruses, malware or any other material which is malicious or harmful to the Website that may infect your computer equipment, programs or data due to your use of the Website.
(iii) Moda will not be liable to you for loss or corruption or destruction of data, loss arising from the transmission of viruses, or any indirect or consequential liability, loss or damage suffered by you (including any liability incurred to a third party) in connection with your use of the Website. This does not affect Moda’s liability for death or personal injury arising from its negligence, nor any fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Australian law.
12. Indemnity
Excluding any liability, loss or costs to the extent that is caused by our mistake, fraud, negligence or wilful misconduct, you indemnify Moda, its directors, officers, employees, consultants, agents and affiliates, against all actions, claims, charges, costs (including legal costs), expenses, losses, damages and other liability that Moda may sustain or incur, directly or indirectly, as a result or as a consequence of:
(a) your breach of these Terms; or
(b) any negligent or fraudulent act, error or omission by you.
13. Suspension and termination
(a) You may stop using the Website at any time for any reason.
(b) Moda reserves the right, in its sole discretion, to refuse, withdraw, restrict, suspend or terminate your access to the Website at any time without notice and for any (or no) reason, including, without limitation, due to:
(i) upgrades or maintenance performed on the Website; and
(ii) your breach of these Terms.
(c) To the extent permitted by law:
(i) Moda will not be liable to you for any claim made if, for any reason, the Website is unavailable for any time period. Any such suspension or termination will not affect either party's rights or liabilities.
(ii) Moda may disclose any information we may have about you in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or any other regulation; and
(iii) Moda reserves its right to take such action as it deems appropriate to deal with any person who is in breach of these Terms, including by blocking computers using your IP address from accessing this Website, contacting your internet service provider to request that they block your access to the Website, and/or identifying or bringing legal action against any person who is in breach of these Terms, including seeking injunctive relief.
14. Security
When using websites, the internet, Third Party Websites or third-party networks or facilities, you are using networks, facilities and services that are beyond the control of Moda. You assume all risk and liability of your use of the Website, the internet or any such third-party networks, including access to the Website via such media. Moda recommends users review each website’s privacy statement before disclosing any personally identifiable information.
15. Changes to the Terms
Moda may change these Terms from time to time. If you do not accept a change made to these Terms, you must immediately cease using the Website.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of these Terms, which will continue in full force and effect and these Terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.
17. Waiver
Any failure by Moda to act or enforce these Terms immediately will not be considered a waiver of Moda's right to take any such action.
18. Governing Law
(a) These Terms are governed by the laws of Victoria, Australia. By using the Website, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute relating to the Website. You are responsible for your compliance with all laws and regulations applicable to your location.
(b) The above Terms constitute the entire agreement between you and Moda and supersede any and all preceding and contemporaneous agreements between you and Moda.

Last updated: 15 November 2023

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