1.1 Our Website
The Web site is owned and operated by Lyoto Golf Apparel, a division of GolfBug Australia Pty Ltd, under the domain name http://www.lyotogolf.com. These terms and conditions govern your use of the web site. By accessing any of the web site, you agree to observe these terms and conditions.
While Lyoto Golf has made every effort to ensure that information is free from error, Lyoto Golf cannot accept any responsibility for any errors or omissions in the information on the web site. Lyoto Golf does not guarantee that the web site or third party web sites will be free from viruses, or that access to the web site or third party web sites will be uninterrupted.
These are the current terms and conditions. They replace any other terms and conditions for the web site published on the web site to date.
Lyoto Golf may at any time vary the terms and conditions by publishing the varied terms and conditions on the web site. You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the web site after any variation of the terms and conditions, you are deemed to have agreed to comply with the varied terms and conditions.
1.3 Our Products
Material on the web site may contain general information about Lyoto Golf products. Unless expressly stated otherwise, this information: does not constitute an offer or inducement to enter into a legally binding contract; and does not form part of the terms and conditions for sale of Lyoto Golf products.
The web site and all material provided on the web site is owned or licensed by Lyoto Golf, including the "look" and "feel" of the web site, the colour combinations, layout and all graphical elements. Except where necessary for viewing the material on this web site on your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Lyoto Golf.
1.5 Third Party Websites
The Web site may contain links to Third Party Web sites. Lyoto Golf does not endorse, or approve of the operators of Third Party Web sites, or the information, graphics and material on those Third Party Web sites. Subject to any applicable law, which cannot be excluded, Lyoto Golf makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Web sites; or that material appearing on Third Party Web sites does not infringe the intellectual property rights of any person. Lyoto Golf is not authorising the reproduction of material appearing on Third Party Web sites by linking the Web site to Third Party Web sites. When you follow a link on the web site, material at a third party web site may be displayed in your browser framed by the web site. This material is third party material for the purpose of these terms and conditions.
Subject to clause 1.7, you hereby agree to indemnify and hold Lyoto Golf free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to your use of the web site and/or your breach of these terms and conditions.
1.7 Limitation of Liability
a) Subject to any responsibilities implied by law and which cannot be excluded, Lyoto Golf is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to your use of the web site or your use of third party web sites linked to the web site, whether in contract, tort including negligence, statute or otherwise.
b) Liability of Lyoto Golf for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Lyoto Golf option, to:
1. the supply of the information, goods or services again;
2. the repair of the goods; or
3. the payment of the cost of having the goods or services supplied again or repaired.
c) All other implied conditions, warranties or rights howsoever arising, are excluded. In particular, Lyoto Golf does not warrant the operation of the web site or the server which stores and transmits the web site is free from viruses or harmful components.
These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia.
These terms and conditions (and the agreement constituted by your use of the web site) and your access to the web site may be terminated at any time by Lyoto Golf without notice.