Terms & Conditions

1. Acceptance of Terms

1.1 These terms and conditions outline the rules and regulations for the use of Birdie & Shank’s Website, located at birdieandshank.com.

1.2 By accessing this website we assume you accept these terms and conditions. Do not continue to use Birdie & Shank if you do not agree to take all of the terms and conditions stated on this page.

2. Definitions and Interpretation

2.1 The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions.

2.2 “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.

2.3 “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

2.4 All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Queensland.

2.5 Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

3. Use, Book and Cancellation of Practice Booths and Private Suites – General

3.1 Equipment Handling

3.1.1 Users are responsible for handling the equipment provided within the indoor golf simulator facility with care.

‍3.1.2 Any damage caused to the equipment due to misuse or negligence may result in additional charges.

3.2 Safety Regulations

3.2.1 Users must adhere to all safety regulations and guidelines provided by the facility staff.

‍3.2.2 This includes wearing appropriate footwear and attire and refraining from any behaviour that may pose a risk to themselves or others.

3.3 Age Restrictions

3.3.1 The use of the indoor golf simulator may be restricted to individuals of a certain age or skill level.

‍3.3.2 Children under a certain age may need to be supervised by an adult while using the simulator.

3.4 Fair Usage Policy

3.4.1 Users must adhere to a fair usage policy to ensure equal access to the indoor golf simulator for all patrons.

3.5 Maintenance and Repairs

3.5.1 The facility reserves the right to temporarily close the indoor golf simulator for maintenance or repairs as necessary.

‍3.5.2 Users will be notified in advance of any scheduled maintenance that may affect their bookings.

3.6 Liability Waiver

3.6.1 By using the indoor golf simulator, users acknowledge and accept any inherent risks associated with the activity.

‍3.6.2 The facility may not be held liable for any injuries, damages, or losses incurred during the use of the simulator.

3.7 Code of Conduct

3.7.1 Users are expected to conduct themselves in a respectful manner.

‍3.7.2 Users must refrain from any behaviour that may disrupt other patrons or interfere with the operation of the facility.

4. Bookings

4.1 All customers must book sessions in advance to use the indoor golf simulator.

‍4.2 Sessions are subject to availability and may be limited to a specified duration per booking.

‍4.3 Bookings can be done online.

‍4.4 You will be sent confirmation of your bookings as well as reminders.

‍4.5 You can also check your visit history as well as upcoming visits from your online account.

‍4.6 Our simulators are versatile for both driving range practice and course play.

‍4.7 Bookings are offered in 30-minute increments, allowing you to reserve the duration you intend to use.

‍4.8 If you wish to extend your session and there are no subsequent bookings, you can easily do so online or at the reception with our staff.

‍4.9 If you’re unsure how long to book for, generally an 18-hole course will take 45–70 minutes, depending on the difficulty of the course and the skill of the player.

5. Payment

5.1 Sessions must be paid for prior to attending.

5.2 We have several options for payment:

• Credit Card
• Cash
• Bank Transfer
• Direct Debit

6. Cancellation and Reschedule

6.1 While we recognise that unannounced events do occur from time to time, our business is built around appointments.

‍6.2 From a business aspect when you make a commitment to use our facility, that time is specifically reserved for you.

‍6.3 When you cancel on short notice, it is usually impossible for us to schedule in another client who could use the time of the cancelled session.

‍6.4 Please keep in mind that in addition to provision of the facilities, we also spend extra time to set-up prior to your session and pack-up afterwards.

‍6.5 You can change or cancel your reservation for free up to 12 hours before your scheduled session.

‍6.6 Reservations cannot be changed or cancelled within 12 hours of the session.

‍6.7 The facility you reserved will not be sold to anyone for the time you have booked.

‍6.8 This means you can visit at any time during the scheduled session and the facility is available.

7. Refund Policy for Venue Sessions

7.1 Under Australian Consumer Credit Law, our refund policy adheres to the regulations outlined for consumer protection.

7.2 We do not offer refund for change of mind. Please ensure you book only for the period you intend to play.

7.3 For change of mind with our practice bay and private suite, you can reschedule or cancel 24 hours prior to your booked session at no cost.

7.4 Any cancelled session will remain as credit session in your account.

7.5 You can re-book or reschedule for the same duration as your original booking.

7.6 Refund or credit will be offered if our equipment or stimulator fail to perform its advertised functionality.

7.7 In some instances, the equipment may have minor issues resulting in inconvenience or resulting in some (but not all) functions not fulfilled. Our staff will do our best to disclose of the defects, the customers can choose to accept and continue, in which case no refund will be given; or the customer can also choose a different practice bay.

8. Bring Your Own Group

8.1 Group Size & Pricing

8.1.1 A minimum of 3 participants is required to form a group.

‍8.1.2 Each participant is charged $50 per lesson.

‍8.1.3 Payment is required upfront for the full number of lessons booked.

‍8.1.4 Payments are non-transferable and may not be allocated to another participant.

8.2 Lesson Structure

8.2.1 Each lesson is 1 hour in duration.

‍8.2.2 Each participant will be assigned one bay per session.

‍8.2.3 Groups must book a minimum of 3 lessons and a maximum of 8 lessons per Program.

‍8.2.4 Lessons occur on the same day and time unless otherwise approved.

‍8.2.5 Groups may choose weekly, fortnightly, or monthly scheduling.

‍8.2.6 Multiple weekly sessions are permitted (e.g., Tuesday & Thursday at the same time each week).

8.3 Customisation

8.3.1 Coaching content, structure, and focus areas may be customised based on the group’s preferences.

‍8.3.2 Customisation requests must be made directly to the assigned coach in advance.

8.4 Scheduling & Changes

8.4.1 Once days and times are confirmed, the booking schedule is locked in for the Program.

‍8.4.2 No individual make-up classes are available.

‍8.4.3 The group may cancel a scheduled lesson only if all participants agree, with a minimum of 24 hours’ notice.

‍8.4.4 Missed lessons (individual or group) are non-refundable.

8.5 Cancellation & Refunds

8.5.1 Cancellations made 7 days or more before the first lesson are eligible for a full refund.

‍8.5.2 Cancellations made within 7 days of the first lesson are not refundable.

‍8.5.3 After the Program has commenced, no refunds will be provided except under Clause 8.5.4.

‍8.5.4 If Birdie & Shank cancels a session and no suitable reschedule can be offered within 30 days, a refund for remaining unused lessons may be provided upon request.

8.6 Venue Rights

8.6.1 Birdie & Shank may reschedule or cancel lessons due to coach illness, equipment issues, operational requirements, or unforeseen circumstances.

‍8.6.2 Where possible, a make-up session will be offered.

‍8.6.3 If a session cannot be reasonably rescheduled, participants will receive a credit or refund for the affected lesson.

8.7 Participant Conduct & Safety

8.7.1 All participants must behave respectfully and follow all safety instructions and venue guidelines.

‍8.7.2 Unsafe or disruptive behaviour may result in removal from the Program without refund.

‍8.7.3 Participants must use equipment safely and follow all staff and coach directions.

8.8 General

8.8.1 These Terms & Conditions may be updated at any time, with the updated version applying to future bookings.

‍8.8.2 By booking the Program, all participants agree to these Terms & Conditions.

9. Beginner Golf Program (Get into Golf)

9.1 Program Structure

9.1.1 The Program consists of 8 x 60-minute weekly lessons delivered in a structured group format.

‍9.1.2 The Program is offered four (4) times per year, aligned with Queensland school terms.

‍9.1.3 Lessons are conducted in small groups of 3 to 6 participants to ensure personalised coaching.

9.2 Payments & Enrolment

9.2.1 Full payment is required to confirm enrolment in the Program.

‍9.2.2 Program fees are non-refundable, except where required by Australian Consumer Law.

‍9.2.3 Your place in the Program is not secured until payment has been received in full.

9.3 Bonus Inclusions

9.3.1 Participants who pay upfront for the entire Program receive a bonus 8 hours of GTS hire.

9.3.2 Bonus hours:

• must be claimed in-store,
• hold no cash value,
• are non-transferable,
• may be subject to booking availability.

9.3.3 Bonus hours do not extend the Program and do not substitute for missed lessons.

9.4 Make-Up Class Policy

9.4.1 Each participant is entitled to one (1) make-up class per Program cycle.

‍9.4.2 To be eligible, you must provide a minimum of 48 hours’ notice before your scheduled lesson.

‍9.4.3 Participants who are unwell may request same-day rescheduling subject to coach availability and reasonable notice.

9.4.4 Make-up classes:

• are not guaranteed,
• must be taken within the current Program term,
• cannot be exchanged for credit or refunded.

9.4.5 Additional missed lessons are forfeited.

9.5 Attendance & Punctuality

9.5.1 Participants are expected to arrive on time. Sessions will commence and end as scheduled.

‍9.5.2 Late arrival does not entitle participants to extended lesson time.

9.6 Program Changes & Cancellations

9.6.1 We reserve the right to reschedule lessons due to coach availability, operational requirements, or unforeseen circumstances.

‍9.6.2 If the Venue initiates a cancellation, an alternative session or reasonable substitute option will be offered.

‍9.6.3 The Venue may cancel or suspend participation due to misconduct, unsafe behaviour, or breach of Venue policies.

9.7 Liability & Safety

9.7.1 Participants must follow all coaching instructions, safety rules, and Venue policies.

‍9.7.2 Birdie & Shank is not responsible for injuries resulting from failure to follow instructions, misuse of equipment, or inappropriate behaviour.

‍9.7.3 Participants acknowledge that golf activities carry inherent risks.

9.8 General Conditions

9.8.1 Program enrolments are non-transferable.

‍9.8.2 The Venue may update these Terms & Conditions with notice provided to participants.

‍9.8.3 All participants agree to conduct themselves respectfully and responsibly while on the premises.

10. Junior Golf Program

10.1 Make-Up Class Policy

10.1.1 Each student is entitled to one (1) make-up class per program term.

‍10.1.2 Make-up classes are subject to availability and are not guaranteed.

‍10.1.3 Make-up classes must be taken within the same program term and cannot be carried forward or exchanged for credit.

‍10.1.4 Failure to attend a scheduled class without notice (“no-show”) is not eligible for a make-up session.

10.2 Cancellation & Refund Policy

10.2.1 “Program start date” is defined as the date of the first scheduled class.

‍10.2.2 Cancellations 7 or more days before the program start date are eligible for a full refund.

‍10.2.3 Cancellations made within 7 days of the program start date are eligible for a 50% refund, OR full credit to your account (credit is non-refundable once issued).

‍10.2.4 Cancellations after the program has commenced are not eligible for refunds.

‍10.2.5 Program fees are non-transferable to another child without written approval.

10.3 Venue-Initiated Cancellations

10.3.1 Birdie & Shank may cancel or reschedule sessions due to equipment faults, venue hire events, coach unavailability, or operational requirements.

‍10.3.2 The venue will endeavour to provide a make-up class for any cancelled session.

‍10.3.3 If no reasonable make-up class can be offered, a refund for the missed class will be provided.

‍10.3.4 Refunds apply only to classes cancelled by the venue.

10.4 Attendance & Safety

10.4.1 Students are expected to arrive on time; classes start and finish as scheduled.

‍10.4.2 Coaches may refuse participation if a child displays unsafe or disruptive behaviour. No refund will be provided in such cases.

‍10.4.3 Participants must follow all safety instructions provided by staff and coaches.

10.5 Health & Wellbeing

10.5.1 Parents must not send children to class if they are unwell.

‍10.5.2 Same-day rescheduling for illness may be considered but is not guaranteed.

10.6 Parental Responsibilities

10.6.1 Parents/guardians are responsible for timely drop-off and pick-up of children.

‍10.6.2 Birdie & Shank is not responsible for supervision outside of class times.

11. Private Coaching

11.1 Bookings & Payments

11.1.1 Full payment is required at the time of booking unless otherwise approved by management.

‍11.1.2 Bookings may be made online, in person, or through staff-assisted booking systems.

‍11.1.3 Session prices are subject to change. Pricing updates will not affect confirmed bookings.

‍11.1.4 Session credits or packages must be used within their stated validity period.

11.2 Cancellation, Rescheduling & No-Show Policy

11.2.1 Cancellations or reschedule requests must be made at least 24 hours before the scheduled Session.

‍11.2.2 Cancellations made within 24 hours are considered a late cancellation and are non-refundable.

‍11.2.3 A no-show (late by 15 minutes or more with no notice) results in forfeiture of the Session with no refund.

‍11.2.4 Rescheduling is subject to coach availability and cannot be guaranteed.

‍11.2.5 Sessions start and end at the scheduled times; late arrival does not entitle the participant to extended coaching time.

11.3 Packages & Expiry

11.3.1 Multi-session packages (5-packs, 10-packs, etc.) are valid for 12 months from the date of purchase unless otherwise stated.

‍11.3.2 Unused sessions after expiry are forfeited and non-refundable.

‍11.3.3 Packages are non-transferable and may only be used by the individual named at purchase.

‍11.3.4 Packages may not be shared without written approval.

11.4 Coach Availability & Venue Changes

11.4.1 If a coach becomes unavailable due to illness, leave, or unforeseen circumstances, we will provide another qualified coach or reschedule the Session.

‍11.4.2 Birdie & Shank may cancel or reschedule Sessions due to equipment issues, venue events, or operational requirements.

‍11.4.3 If the Venue cancels a Session, a make-up session or credit/refund will be provided.

11.5 Health, Safety & Conduct

11.5.1 Participants must follow all coaching instructions and safety guidelines at all times.

‍11.5.2 Birdie & Shank may refuse participation if a participant behaves in an unsafe or disruptive manner. No refund will be provided.

‍11.5.3 Participants acknowledge that golf involves physical activity and accept the inherent risks associated with the sport.

‍11.5.4 Participants must inform their coach of any injuries or medical conditions before the Session.

11.6 Equipment & Facilities

11.6.1 Participants are responsible for bringing appropriate footwear and personal equipment unless otherwise stated.

‍11.6.2 Venue-provided equipment must be used safely and returned in good condition.

‍11.6.3 Damage caused by misuse may incur charges at the discretion of the Venue.

11.7 Refunds

11.7.1 Private coaching fees are non-refundable except where required by Australian Consumer Law or where the Venue cancels and no reasonable reschedule option is available.

‍11.7.2 Refunds will not be granted for change of mind.

11.8 Media, Photography & Marketing

11.8.1 With consent, the Venue may take photos or videos during Sessions for coaching review or promotional use.

‍11.8.2 Participants may opt out of media use by notifying their coach or staff at the time of booking.

11.9 General

11.9.1 These Terms & Conditions may be updated periodically.

‍11.9.2 It is the participant’s responsibility to review updated terms when making new bookings.

‍11.9.3 By attending a Session, participants agree to all Venue policies and staff directions.

12. Day Grinders Membership

12.1 Membership Types & Fees

12.1.1 Individual Membership: $35 per week, charged on fortnightly basis.

12.1.2 Family Membership: $59 per week, charged on fortnightly basis. Family Membership includes up to 2 adults and 2 children (under 18) from the same household. All members must be listed on the same Medicare card for eligibility.

12.1.3 Registration Fee: A one-time $49 fee applies to all new memberships.

12.1.4 Failed payment fee: A $10 fee applies to any failed direct debit charges. This will be added automatically to your next charge. After two failed payments, your membership may be automatically cancelled without informing you.

12.2 Access and Usage

12.2.1 Access Hours:

• Monday to Friday only (excluding public holidays)
• Between 8:30 AM – 5:00 PM
• Members may access facilities for up to 2 hours per day in 1 session.

12.2.2 Guest Access:
Members may bring up to 3 guests to share the same booth as the member for $10/hour.

12.2.3 Membership Benefits:
10% discount on everything except for coaching and lessons: that's simulator bookings, food and drinks, retail products, leagues entry.

12.2.4 Late Arrival & No-Show Policy:
Bookings will be held for 15 minutes past the scheduled start time.
If the member has not arrived or notified staff within this period, the booking is considered a No-Show / Late Cancellation.
No-show sessions still count toward the member’s daily usage limit.
The booth may be released to other customers after the 15-minute window.

12.3 Suspension & Cancellation

12.3.1 Suspension:
Member must provide minimum of 2 weeks notice for suspension request. Minimum suspension period is 2 weeks.
Membership may be suspended an unlimited number of times.
Suspension requests must be submitted in writing via online form here.

12.3.2 Cancellation:
Members must provide 2 weeks’ notice in writing to cancel via online form here.
No cancellation fees apply.

12.4 General Conditions

12.4.1 Membership is non-transferable.

12.4.2 Members must comply with all venue policies, staff directions, and safety rules.

12.4.3 Birdie & Shank reserves the right to modify pricing or terms with 30 days' notice.

12.4.4 Membership may be suspended or cancelled for misconduct, rule violations, or unpaid fees.

13. Return and Refund Policy for Retail Products

13.1 Birdie & Shank anticipates that your purchase will meet your expectations of quality, function, and design. If, however in the unfortunate situation where you may require an exchange, you must present proof of purchase to the store.

13.2 You can choose an exchange or refund if the item you purchased has a major problem, such as, if the item:

• Has a problem that would have stopped someone from buying the item, if they had known about it
• Is unsafe
• Is significantly different from the sample or description
• Doesn’t do what we said it would, or what you asked for and can’t be easily fixed

13.3 Birdie & Shank may offer to repair, exchange, or provide a gift card If the problem is not major. If it is not repaired in a reasonable time, you can choose a refund or replacement item.

13.4 Birdie & Shank are not obliged to provide an exchange or refund if you simply change your mind about your purchase.

13.5 Consumer guarantees do not apply if you:

• Misused a product in any way that caused the problem
• Got what you asked for but changed your mind or saw it cheaper elsewhere
• Knew of or were made aware of the faults before you bought the product
• Bought a one-off item from a private seller, for example at a garage sale or fete
• Plan to on-sell or change the product so that you can re-supply it as a business

13.6 Change of Mind Refunds

13.6.1 Change of mind Refund/Exchange does not apply to custom made orders.

13.6.2 For all other retail items, provided you return your product in its original as-new condition with tags, packaging, and proof of purchase within 30 calendar days we’ll gladly offer you the choice of a store credit or refund.

13.6.3 We reserve the right to refuse items that do not meet these conditions and your return may be declined.

14. Cookies

14.1 We employ the use of cookies. By accessing Birdie & Shank, you agreed to use cookies in agreement with the Birdie & Shank's Privacy Policy.

14.2 Most interactive websites use cookies to let us retrieve the user’s details for each visit.

14.3 Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website.

14.4 Some of our affiliate/advertising partners may also use cookies.

15. License

15.1 Unless otherwise stated, Birdie & Shank and/or its licensors own the intellectual property rights for all material on Birdie & Shank.

15.2 All intellectual property rights are reserved.

15.3 You may access this from Birdie & Shank for your own personal use subjected to restrictions set in these terms and conditions.

15.4 You must not:

• Republish material from Birdie & Shank
• Sell, rent or sub-license material from Birdie & Shank
• Reproduce, duplicate or copy material from Birdie & Shank
• Redistribute content from Birdie & Shank

16. Comments

16.1 Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website.

16.2 Birdie & Shank does not filter, edit, publish or review Comments prior to their presence on the website.

16.3 Comments do not reflect the views and opinions of Birdie & Shank, its agents and/or affiliates.

16.4 Comments reflect the views and opinions of the person who post their views and opinions.

16.5 To the extent permitted by applicable laws, Birdie & Shank shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

16.6 Birdie & Shank reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

16.7 You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

16.8 You hereby grant Birdie & Shank a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

17. Hyperlinking to our Content

17.1 The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

17.2 These organisations may link to our home page, to publications or to other Website information so long as the link:

(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party’s site.

17.3 We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

17.4 Approved organizations may hyperlink to our Website by use of our corporate name, by use of the uniform resource locator being linked to, or by use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

17.5 No use of Birdie & Shank’s logo or other artwork will be allowed for linking absent a trademark license agreement.

18. iFrames

18.1 Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

19. Content Liability

19.1 We shall not be hold responsible for any content that appears on your Website.

19.2 You agree to protect and defend us against all claims that is rising on your Website.

19.3 No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

20. Your Privacy

20.1 Please read our Privacy Policy.

21. Reservation of Rights

21.1 We reserve the right to request that you remove all links or any particular link to our Website.

21.2 You approve to immediately remove all links to our Website upon request.

21.3 We also reserve the right to amend these terms and conditions and it’s linking policy at any time.

21.4 By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

22. Removal of Links from our Website

22.1 If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment.

22.2 We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

23. Disclaimer

23.1 We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy.

23.2 Nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

23.3 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website.

23.4 Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

23.5 The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer govern all liabilities arising under the disclaimer.

23.6 As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

24. Modification of Terms and Conditions

24.1 This version of Terms and Condition is updated on 15/03/2024.

24.2 We reserve the right to modify these terms and conditions at any time and encourage members to review them regularly.