Member Terms & Conditions

 M.G.B. Client Terms & Conditions

 

1. INTRODUCTION

These Terms and Conditions (“Terms”) set out the rules, responsibilities and conditions applicable to all clients and members of My Golf Broker (“M.G.B.”).

M.G.B. provides golf membership and golf-related services by facilitating access and arrangements between its members and participating golf clubs. M.G.B. acts as a facilitator and broker and is not the owner or operator of the participating golf clubs, unless specifically stated otherwise.

By applying for, accepting, or making payment towards an M.G.B. membership, the client (“Member”) confirms that they have read, understood and agreed to be bound by these Terms and Conditions.

Membership with M.G.B. is subject to the availability, rules, regulations and membership conditions of the relevant participating golf club. Members are required to comply with both these Terms and Conditions and any applicable rules of the golf club they are visiting.

These Terms are intended to ensure that the relationship between M.G.B., its Members and participating golf clubs is clear, fair and transparent, and to explain the services, responsibilities, limitations and obligations applicable to M.G.B. membership.

 

2. NATURE OF THE M.G.B. MEMBERSHIP

2.1 M.G.B. Membership provides Members with access to golf-related benefits and playing opportunities arranged by My Golf Broker (“M.G.B.”) with participating golf clubs.

2.2 M.G.B. acts as a golf membership broker and facilitator between the Member and participating golf clubs. M.G.B. assists Members in obtaining access to participating golf clubs in accordance with the M.G.B. membership and the arrangements agreed with the relevant participating golf clubs.

2.3 M.G.B. does not own, operate or manage the participating golf clubs. Each golf club remains an independent business and retains the right to determine its own rules, operating procedures, playing conditions, tee-time availability, dress code, handicap requirements and other applicable requirements.

 

2.4 The benefits, playing rights, number of rounds, playing days, tee-off times and any other benefits available to a Member will be determined by the M.G.B. membership and the arrangements agreed between M.G.B. and the relevant participating golf club.

2.5 M.G.B. does not guarantee that a Member will always be able to obtain a preferred golf course, date, day, tee-off time or playing partner. All bookings are subject to availability and the applicable rules and restrictions of the participating golf club.

2.6 A Member may be required to comply with the rules and procedures of both M.G.B. and the participating golf club. Where a golf club has specific rules or restrictions, those rules will apply to the Member while using the facilities or services of that golf club.

2.7 M.G.B. membership is personal to the registered Member and may not be sold, transferred, shared or used by another person unless M.G.B. has provided prior written approval.

2.8 M.G.B. reserves the right to change, replace or discontinue arrangements with participating golf clubs where reasonably necessary. Where such a change materially affects a Member's membership benefits, M.G.B. will communicate the relevant changes to the Member.

2.9 By accepting M.G.B. membership, the Member acknowledges that access to participating golf clubs is subject to the terms, availability and operational requirements of those clubs and agrees that M.G.B. cannot guarantee uninterrupted access to any particular golf club or tee-off time.

 

3. MEMBERSHIP FEES & PAYMENTS

3.1 Joining Fee

M.G.B. does not charge a joining fee for membership. The Member will only be responsible for the monthly M.G.B. membership fee and any other charges expressly communicated and agreed to by the Member.

3.2 Membership Fees

Membership fees will be collected by monthly debit order from the Member's nominated bank account.

The Member's M.G.B. membership will commence once the first monthly debit order has been successfully processed and payment has been received by M.G.B.

The Member acknowledges that the membership fee will continue to be collected monthly in accordance with the agreed membership and payment arrangement.

3.3 Payment Obligation

The Member is responsible for ensuring that all membership fees and other agreed charges are paid in full and on time in accordance with the payment arrangements agreed with M.G.B.

3.4 Additional Charges

Any additional charges that may apply to the Member, including but not limited to additional golf rounds, guest fees, golf club charges or other services, will be communicated to the Member where applicable.

3.5 Payment Confirmation

Membership access and benefits may be subject to the successful receipt of the applicable membership payment. M.G.B. reserves the right to suspend or restrict membership benefits where payment has not been received in accordance with the agreed payment terms.

4. GOLF CLUB ACCESS

4.1 Participating Golf Clubs

M.G.B. Members will have access to the participating golf clubs included in the M.G.B. membership. The golf clubs available to Members will be determined by the arrangements between M.G.B. and the participating golf clubs.

4.2 Playing Days and Access

Members may play at participating golf clubs in accordance with the playing days and access arrangements agreed between M.G.B. and the relevant golf club.

Members are required to comply with any weekday, weekend, public holiday or other playing-day restrictions applicable at the golf club.

4.3 Monthly Golf Game

As part of the M.G.B. membership, the Member is entitled to one free golf game per month, subject to the applicable booking conditions, participating golf club availability and any restrictions applicable to the membership.

The monthly free game is allocated to the Member for the relevant membership month and may only be used in accordance with the conditions communicated by M.G.B.

Any additional golf games played by the Member outside of the monthly free game may be subject to the applicable golf club fees or other charges.

 

4.4 Tee-Off Times and Bookings

All tee-off times are subject to availability and the booking procedures of the relevant participating golf club.

M.G.B. will make reasonable efforts to assist Members with their bookings; however, M.G.B. cannot guarantee a specific golf club, date or tee-off time.

4.5 Golf Club Rules and Regulations

Members are required to comply with all rules, regulations and procedures of the participating golf club they are visiting.

This may include, but is not limited to, dress codes, handicap requirements, pace of play, golf cart rules, booking procedures, competition restrictions and any other rules applicable at the golf club.

4.6 Temporary Restrictions and Course Closures

Access to a participating golf club may occasionally be restricted or unavailable due to circumstances including golf competitions, course maintenance, private functions, adverse weather conditions, course closures or other operational requirements of the golf club.

M.G.B. will not be responsible for the temporary unavailability of a golf club where such circumstances are outside of M.G.B.'s reasonable control.

4.7 Changes to Participating Golf Clubs

M.G.B. reserves the right to add, remove or change participating golf clubs and the arrangements applicable to those clubs where reasonably necessary.

Where a change materially affects the Member's membership benefits, M.G.B. will communicate the relevant change to the Member.

4.8 Member Responsibility

The Member is responsible for understanding and complying with the applicable rules and conditions of each participating golf club.

Failure to comply with the rules of a participating golf club may result in the Member being refused access to the golf club and/or having their M.G.B. membership suspended or terminated, depending on the circumstances.

5. BOOKING RULES

5.1 Making a Booking

Members may make a golf booking by contacting M.G.B. via WhatsApp or telephone call. M.G.B. is available to assist Members with arranging their golf bookings.

5.2 Confirmation of Booking

Once a Member has requested a booking, M.G.B. will liaise with the relevant participating golf club to arrange a suitable tee-off time.

M.G.B. will confirm the available tee-off time with the Member once the booking has been confirmed by the golf club.

A booking will only be considered confirmed once the Member has received confirmation from M.G.B.

5.3 Availability

All bookings are subject to the availability of the participating golf club and its applicable booking conditions. M.G.B. will make reasonable efforts to accommodate the Member's preferred date and time but cannot guarantee that a specific tee-off time will be available.

5.4 Booking Information

Members must provide M.G.B. with the correct information required to make the booking, including the preferred date, approximate tee-off time and number of players.

The Member is responsible for ensuring that the information provided to M.G.B. is accurate.

5.5 Changes to Bookings

Any changes to a confirmed booking must be communicated to M.G.B. as soon as reasonably possible. Changes are subject to the availability and booking rules of the relevant golf club.

5.6 Cancellation and No-Show

Members are required to notify M.G.B. as soon as possible if they are unable to attend a confirmed booking.

Where a Member fails to cancel a booking within the applicable cancellation period or fails to arrive for a confirmed booking, any applicable charges or consequences imposed by the golf club may be passed on to the Member.

 

6. MEMBER & GUEST POLICY

6.1 Guests

M.G.B. Members are permitted to invite guests to play with them at participating golf clubs, subject to the rules, availability and requirements of the relevant golf club.

6.2 Member Must Accompany Guest

A Member may only make use of their M.G.B. membership to arrange a game for a guest if the Member is personally attending and playing in the same game.

Members are not permitted to use their M.G.B. membership to book or arrange a game for a guest if the Member will not be attending the game.

6.3 Guest Fees

Guests who are not M.G.B. Members will be required to pay the applicable green fee or other applicable playing fee directly to the participating golf club.

The applicable guest fee is determined by the relevant golf club and is the responsibility of the guest.

6.4 Guest Responsibility

The M.G.B. Member is responsible for ensuring that their guest is aware of and complies with the rules and regulations of the participating golf club.

M.G.B. reserves the right to refuse or restrict guest bookings where the booking does not comply with these Terms and Conditions or the rules of the relevant golf club.

 

7. GOLF CLUB RULES & CONDUCT

7.1 Compliance with Golf Club Rules

All M.G.B. Members and their guests are required to comply with the rules, regulations, policies and procedures of the participating golf club they are visiting.

7.2 Conduct

Members and their guests are expected to conduct themselves in a respectful and appropriate manner while using the facilities and services of any participating golf club.

This includes showing respect towards golf club staff, other Members, visitors and fellow golfers.

7.3 Dress Code

Members and their guests must comply with the dress code and any other clothing requirements applicable at the participating golf club.

7.4 Pace of Play and Course Etiquette

Members and their guests are expected to follow normal golf etiquette and maintain an appropriate pace of play, as required by the participating golf club.

Members must also comply with any instructions provided by golf club staff or officials while playing.

7.5 Golf Carts and Club Equipment

Where golf carts, golf equipment or other facilities are used, Members and their guests must comply with the relevant golf club's rules and instructions regarding their use.

Any damage caused to golf club property or equipment through the negligent, reckless or intentional actions of a Member or their guest may be the responsibility of the Member.

7.6 Misconduct

M.G.B. reserves the right to suspend or terminate a Member's membership where the Member engages in serious misconduct, repeatedly breaches these Terms and Conditions, or causes significant problems with a participating golf club.

Where appropriate, M.G.B. may also restrict a Member's access to a particular participating golf club.

7.7 Golf Club Authority

Participating golf clubs retain the right to refuse access to, remove or restrict any Member or guest who fails to comply with the club's rules or whose conduct is considered inappropriate.

M.G.B. will not be responsible for any action taken by a participating golf club as a result of a Member's or guest's conduct.

8. MEMBERSHIP CHANGES

8.1 Changes to Member Information

Members must inform M.G.B. as soon as reasonably possible of any changes to their personal or contact information provided when registering for membership, including their telephone number, email address or banking details.

8.2 Membership Transfer

M.G.B. membership is personal to the registered Member and may not be sold, transferred, shared or assigned to another person without the prior written approval of M.G.B.

8.3 Changes to Membership

Any changes to the Member's M.G.B. membership must be agreed with M.G.B. and may be subject to the applicable terms and conditions at the time of the requested change.

8.4 Changes to Participating Golf Clubs

M.G.B. may add, remove or change participating golf clubs from time to time based on the arrangements between M.G.B. and the relevant golf clubs.

Where a change materially affects the Member's access or benefits, M.G.B. will communicate the change to the Member.

8.5 No Sharing of Membership

The Member may not allow another person to use their M.G.B. membership or membership benefits in their place.

The membership is intended solely for the registered Member and may not be used by another person unless expressly approved by M.G.B.

9. CANCELLATION & TERMINATION

9.1 Cancellation by the Member

A Member may cancel their M.G.B. membership by providing at least 31 days' written notice, subject to any cancellation rights available to the Member under applicable South African law.

The cancellation notice must be submitted to M.G.B. in writing via the communication channels provided by M.G.B.

9.2 Notice Period

The Member's membership and payment obligations will remain active during the 31-day notice period.

The Member remains responsible for all membership fees and other amounts due to M.G.B. during the notice period.

9.3 Final Payment

Where any amount remains owing to M.G.B. at the time of cancellation, the outstanding amount will be collected by debit order as the Member's final payment, where applicable.

The Member authorises M.G.B. to collect any outstanding amount that is due and payable in accordance with the agreed debit order arrangement.

9.4 Cancellation Does Not Cancel Outstanding Amounts

Cancellation of the M.G.B. membership does not remove or cancel any amounts that were already due and payable by the Member to M.G.B.

Any outstanding amounts remain payable until settled in full.

9.5 Termination by M.G.B.

M.G.B. reserves the right to terminate or suspend a Member's membership where the Member:

• Fails to make required payments;
• Repeatedly breaches these Terms and Conditions;
• Misuses their M.G.B. membership;
• Seriously breaches the rules of a participating golf club; or
• Engages in conduct that may negatively affect M.G.B.'s relationship with a participating golf club or its Members.

Where reasonably possible, M.G.B. will notify the Member of the reason for suspension or termination.

9.6 Effect of Termination

Upon termination of membership, the Member will no longer be entitled to use the M.G.B. membership or receive any new membership benefits, subject to clause 9.7.

Termination does not affect any rights or obligations that arose before the date of termination, including any outstanding amounts owed to M.G.B.

9.7 Unused Games or Specials After Cancellation

If a Member cancels their M.G.B. membership and has any unused monthly free games or specials that were purchased or earned before the membership cancellation, the Member will not forfeit those benefits solely because their membership has been cancelled.

The Member may continue to use any such unused games or specials after the cancellation of their membership, provided that the relevant game or special is still within its applicable validity period and all conditions relating to its use have been met.

Once the applicable game or special has been used or has reached its expiry date, it will no longer be available to the former Member.

10. REFUND POLICY

10.1 General Refund Policy

Membership fees paid to M.G.B. are generally non-refundable, except where a refund is required by law or where M.G.B. agrees to a refund in writing.

10.2 Cancellation During Notice Period

Where a Member cancels their membership, the Member remains responsible for the applicable membership fees during the required 31-day notice period.

Membership fees relating to the notice period will therefore not be refunded.

10.3 Unused Games and Specials

The cancellation of a Member's membership does not automatically result in a refund for unused games, free games or specials that have already been purchased or earned.

Where applicable, such benefits may continue to be used after cancellation in accordance with clause 9.7 and their applicable terms and validity periods.

10.4 Golf Club Closures and Unavailability

M.G.B. will not be responsible for refunds relating to the temporary closure or unavailability of a participating golf club where the closure or unavailability is caused by circumstances outside of M.G.B.'s reasonable control, including weather, course maintenance, competitions, private functions or other operational reasons.

Where a refund or alternative arrangement is offered by the relevant golf club, M.G.B. will assist the Member where reasonably possible.

10.5 Duplicate or Incorrect Payments

Where a Member makes a duplicate payment or an incorrect payment to M.G.B., the Member must notify M.G.B. as soon as reasonably possible.

M.G.B. will review the payment and, where appropriate, arrange for the amount to be refunded or credited to the Member.

10.6 Refund Requests

Any refund request must be submitted to M.G.B. in writing and must include sufficient information for M.G.B. to investigate the request.

M.G.B. will consider each refund request based on the circumstances, the applicable membership terms and any obligations or arrangements with the relevant participating golf club.

11. WEATHER & COURSE CLOSURES

11.1 Weather Conditions

Golf games may be affected by weather conditions, including but not limited to heavy rain, thunderstorms, lightning, strong winds, flooding or other adverse weather conditions.

The safety of Members, guests and golf club staff will take priority where weather conditions may make playing unsafe.

11.2 Course Closures

The decision to close a golf course or suspend play due to weather conditions, course conditions, maintenance or other circumstances rests with the relevant participating golf club.

M.G.B. does not control the operating decisions of participating golf clubs.

11.3 Communication of Closures

Where M.G.B. is informed by a participating golf club that a course is closed or that a confirmed booking has been affected, M.G.B. will communicate the relevant information to the Member as soon as reasonably possible.

11.4 Cancellation Due to Weather

If a Member's confirmed game is cancelled by the participating golf club due to weather or course conditions, M.G.B. will assist the Member with the available options provided by the golf club.

11.5 Member Safety

Members and their guests are responsible for acting responsibly and following any safety instructions given by the participating golf club.

Members should not continue playing where the golf club has instructed players to stop play or where conditions are considered unsafe.

11.6 No Guarantee of Play

M.G.B. cannot guarantee that a scheduled game will take place where weather conditions, course conditions or other circumstances outside of M.G.B.'s reasonable control result in the closure or suspension of play.

12. M.G.B.'S RESPONSIBILITIES

12.1 Membership Assistance

M.G.B. will provide Members with assistance and support relating to their M.G.B. membership and access to participating golf clubs.

12.2 Golf Bookings

M.G.B. will assist Members with arranging golf bookings at participating golf clubs.

Members may contact M.G.B. via WhatsApp or telephone to request a booking. M.G.B. will liaise with the relevant golf club and communicate the confirmed tee-off time to the Member.

12.3 Communication

M.G.B. will make reasonable efforts to keep Members informed of any important information relating to their membership, bookings or access to participating golf clubs.

This may include changes to bookings, course closures, changes to playing arrangements or other information received from the relevant golf club.

12.4 Membership Benefits

M.G.B. will provide Members with the membership benefits and playing opportunities included in the M.G.B. membership, subject to availability and the applicable arrangements with participating golf clubs.

12.5 Member Support

M.G.B. will make reasonable efforts to assist Members with queries, booking-related issues and other matters relating to their M.G.B. membership.

12.6 Relationship with Participating Golf Clubs

M.G.B. will maintain relationships with participating golf clubs and make reasonable efforts to ensure that Members receive the benefits and access arrangements agreed between M.G.B. and the relevant golf clubs.

12.7 Limitations

While M.G.B. will make reasonable efforts to provide the services and assistance described in these Terms and Conditions, M.G.B. cannot guarantee the availability of a specific golf club, tee-off time, course condition or playing date where these matters are controlled by the participating golf club or are outside of M.G.B.'s reasonable control.

13. LIMITATIONS OF M.G.B.'S RESPONSIBILITY

13.1 Golf Club Operations

M.G.B. does not own, operate or manage the participating golf clubs. M.G.B. therefore cannot be held responsible for the day-to-day operations, decisions, policies or actions of any participating golf club.

13.2 Tee-Off Times and Availability

M.G.B. will make reasonable efforts to arrange the Member's requested golf booking. However, M.G.B. cannot guarantee the availability of a specific golf club, date, tee-off time or playing opportunity where availability is controlled by the participating golf club.

13.3 Course Conditions

M.G.B. is not responsible for the condition, quality or maintenance of a golf course or its facilities. These matters remain the responsibility of the relevant golf club.

13.4 Course Closures and Cancellations

M.G.B. will not be responsible for cancellations, delays, course closures or changes to playing arrangements caused by circumstances outside of M.G.B.'s reasonable control, including weather conditions, course maintenance, golf competitions, private functions, operational issues or decisions made by the participating golf club.

13.5 Golf Club Rules and Decisions

M.G.B. cannot be held responsible for any action taken by a participating golf club against a Member or guest where such action results from a breach of the golf club's rules, policies or procedures.

13.6 Member and Guest Conduct

Members are responsible for their own conduct and the conduct of any guests they bring to a participating golf club.

M.G.B. will not be responsible for any loss, damage, penalty, injury or other consequence arising from the negligent, reckless or inappropriate conduct of a Member or their guest, to the extent permitted by applicable law.

13.7 Third-Party Services

Where services, facilities or arrangements are provided directly by a participating golf club or another third party, M.G.B. cannot guarantee the quality, availability or performance of those services and will not be responsible for matters that are outside of M.G.B.'s reasonable control.

13.8 No Guarantee of Continuous Access

M.G.B. will make reasonable efforts to maintain access to participating golf clubs for its Members. However, M.G.B. cannot guarantee continuous or uninterrupted access to any particular golf club where circumstances outside of M.G.B.'s reasonable control affect such access.

13.9 Limitation Required by Law

Nothing in these Terms and Conditions is intended to exclude or limit any responsibility or liability that cannot lawfully be excluded or limited under applicable South African law.

 

 

14. LIABILITY & RISK

14.1 Participation at Own Risk

Members and their guests acknowledge that participation in golf and the use of golf courses, golf carts, club facilities and related equipment involves inherent risks.

Members and guests participate in golf activities at their own risk and are responsible for taking reasonable care of their own safety and the safety of others.

14.2 Personal Injury

Members and guests are responsible for following all safety instructions, rules and guidelines provided by the participating golf club.

M.G.B. will not be responsible for injury, illness or loss suffered by a Member or guest arising from circumstances outside of M.G.B.'s reasonable control, subject to applicable South African law.

14.3 Personal Property

Members and guests are responsible for their own personal belongings and equipment while visiting or playing at a participating golf club.

M.G.B. will not be responsible for the loss, theft or damage of personal belongings or golf equipment belonging to a Member or guest, except where liability cannot lawfully be excluded.

14.4 Damage to Property

A Member or guest may be held responsible for damage caused to golf club property, equipment or facilities as a result of their negligent, reckless or intentional actions.

Any claim for such damage may be dealt with directly between the Member or guest and the relevant golf club.

14.5 Golf Carts and Equipment

Where a Member or guest uses a golf cart or other golf club equipment, they are responsible for using such equipment safely and in accordance with the instructions and rules of the participating golf club.

Any fines, damage costs or other charges resulting from misuse of golf carts or equipment may be the responsibility of the Member or guest.

14.6 M.G.B. Liability

M.G.B. will take reasonable care in providing its membership and booking services. However, M.G.B. will not be liable for loss, damage, injury, delay, cancellation or inconvenience caused by circumstances outside of M.G.B.'s reasonable control or by the acts or omissions of a participating golf club or other third party, subject always to applicable law.

14.7 No Exclusion of Legal Rights

Nothing in these Terms and Conditions is intended to exclude, restrict or limit any liability or legal right that cannot lawfully be excluded, restricted or limited under applicable South African law.

 

15. PERSONAL INFORMATION & POPIA

15.1 Protection of Personal Information

M.G.B. respects the privacy of its Members and is committed to protecting the personal information provided by Members in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and other applicable South African laws.

15.2 Information Collected

M.G.B. may collect and process personal information reasonably required to provide and administer the Member's M.G.B. membership.

This may include, but is not limited to, the Member's name, contact details, identification details, banking and payment information, membership information, booking information and other information reasonably required to provide the M.G.B. services.

15.3 Purpose of Processing

Member information will be used for purposes reasonably connected with the Member's M.G.B. membership, including:

• Processing and administering membership;
• Processing monthly debit-order payments;
• Arranging and confirming golf bookings;
• Communicating with Members regarding their membership and bookings;
• Communicating relevant information to participating golf clubs where necessary to provide the Member's golf benefits;
• Managing customer queries and support;
• Maintaining appropriate membership and payment records; and
• Complying with applicable legal and regulatory obligations.

15.4 Sharing Information with Golf Clubs

The Member acknowledges that M.G.B. may provide relevant personal information to a participating golf club where this is reasonably necessary to arrange, confirm or administer the Member's golf booking or access to the club.

M.G.B. will only provide information that is reasonably necessary for the relevant purpose.

15.5 Protection and Security

M.G.B. will take reasonable and appropriate measures to protect Members' personal information against loss, damage, unauthorised access, unauthorised disclosure or unlawful processing.

15.6 Accuracy of Information

Members are responsible for ensuring that the personal information provided to M.G.B. is accurate, complete and up to date.

Members must notify M.G.B. of any relevant changes to their personal or contact information.

15.7 Member's Rights

Subject to applicable law, Members have rights in relation to their personal information, including the right to request access to, correction or updating of their personal information and to object to certain processing of their information.

15.8 Direct Marketing

M.G.B. may communicate with Members regarding their existing membership, bookings, services and other information directly related to their relationship with M.G.B.

Where M.G.B. conducts direct marketing by electronic communication, M.G.B. will do so in accordance with the requirements of POPIA and applicable law. Members may request that M.G.B. stop receiving direct marketing communications where applicable.

15.9 Retention of Information

M.G.B. may retain Member information for as long as reasonably necessary for the purposes for which it was collected, to administer the Member's relationship with M.G.B., and to comply with legal, accounting, regulatory or other applicable obligations.

15.10 Confidentiality

M.G.B. will treat Member information as confidential and will not disclose personal information to third parties except where reasonably necessary to provide M.G.B. services, where authorised by the Member, where required by law, or where otherwise permitted by applicable law.

15.11 Privacy Policy

M.G.B. may maintain a separate Privacy Policy containing further details regarding the collection, processing, storage, protection and retention of personal information.

Where applicable, the M.G.B. Privacy Policy should be read together with these Terms and Conditions.

16. CHANGES TO THESE TERMS & CONDITIONS

16.1 Right to Amend

M.G.B. reserves the right to amend, update or add to these Terms and Conditions where reasonably necessary to reflect changes in M.G.B.'s services, business operations, participating golf club arrangements, applicable laws or other relevant requirements.

16.2 Notice of Material Changes

Where a change to these Terms and Conditions materially affects a Member's rights, obligations or membership benefits, M.G.B. will provide the Member with reasonable notice of the change.

16.3 Effective Date

Any amendment to these Terms and Conditions will become effective from the date communicated by M.G.B., or from such other date as may be specified in the notice provided to Members.

16.4 Continued Membership

Where a Member continues to use their M.G.B. membership after the effective date of an amended version of these Terms and Conditions, this may constitute acceptance of the amended Terms, subject to any rights the Member may have under applicable law.

16.5 Existing Obligations

Any amendment to these Terms and Conditions will not cancel or remove amounts already due and payable by a Member to M.G.B. or any other rights or obligations that arose before the amendment became effective.

16.6 Availability of Current Terms

M.G.B. will make the current version of these Terms and Conditions reasonably available to Members.

 

 

17. THIRD-PARTY GOLF CLUBS

M.G.B. works with independent third-party golf clubs to provide Members with access to golf facilities and playing opportunities.

Participating golf clubs remain independent businesses and are responsible for their own operations, rules, facilities, tee-time availability and course conditions.

Members and their guests must comply with the rules and requirements of the relevant golf club while using its facilities.

18. COMPLAINTS & DISPUTE RESOLUTION

18.1 Complaints

Members are encouraged to raise any complaint, concern or issue directly with the M.G.B. broker as soon as reasonably possible so that M.G.B. can assist in resolving the matter.

18.2 Complaints Relating to M.G.B.

Where a complaint relates directly to the M.G.B. broker, the Member must submit the complaint in writing to eugene@mygolfbroker.co.za.

M.G.B. will review the complaint and make reasonable efforts to respond and resolve the matter as soon as reasonably possible.

18.3 Complaints Relating to a Golf Club

Where a complaint relates to a participating golf club, M.G.B. will assist the Member where reasonably possible and, where appropriate, communicate the complaint to the relevant golf club.

The final decision regarding matters under the control of the golf club remains with the relevant golf club.

18.4 Dispute Resolution

M.G.B. and the Member will make reasonable efforts to resolve any dispute through communication and good-faith discussions before taking further action.

 

 

19. GOVERNING LAW

19.1 Applicable Law

These Terms and Conditions, and the relationship between M.G.B. and the Member, will be governed by and interpreted in accordance with the laws of the Republic of South Africa.

19.2 Disputes

Any dispute arising from or relating to these Terms and Conditions will, where possible, first be addressed through the complaint and dispute resolution process set out in Section 18.

Nothing in these Terms and Conditions prevents a Member from exercising any rights available to them under applicable South African law.

20. GENERAL TERMS

20.1 Entire Agreement

These Terms and Conditions, together with any membership information or agreements specifically provided by M.G.B. to the Member, form the agreement between M.G.B. and the Member regarding the M.G.B. membership.

20.2 Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be treated as separate from the remaining provisions, which will continue to apply to the fullest extent permitted by law.

20.3 No Waiver

If M.G.B. does not immediately enforce any provision of these Terms and Conditions, this does not mean that M.G.B. has waived its right to enforce that provision in the future.

20.4 Notices and Communication

M.G.B. may communicate with Members using the contact details provided by the Member, including WhatsApp, telephone, email or other communication methods agreed between M.G.B. and the Member.

Members are responsible for ensuring that their contact details provided to M.G.B. remain accurate and up to date.

20.5 Assignment

A Member may not transfer or assign their M.G.B. membership or any rights under these Terms and Conditions to another person without the prior approval of M.G.B.

20.6 Force Majeure

M.G.B. will not be responsible for any failure or delay in providing its services where such failure or delay is caused by circumstances beyond M.G.B.'s reasonable control, including natural disasters, severe weather, strikes, power or telecommunications failures, government restrictions, emergencies or other unforeseen circumstances.

20.7 No Waiver of Legal Rights

Nothing in these Terms and Conditions is intended to remove or limit any rights or protections that a Member may have under applicable South African law.

21. MEMBER ACKNOWLEDGEMENT & ACCEPTANCE

By applying for and accepting M.G.B. membership, the Member confirms and acknowledges that:

21.1

They have read and understood these Terms and Conditions and agree to be bound by them.

21.2

They understand that M.G.B. acts as a golf membership broker and facilitator and does not own or operate the participating golf clubs.

21.3

They understand that access to participating golf clubs, tee-off times and playing arrangements are subject to availability and the applicable rules and requirements of the relevant golf club.

21.4

They agree to pay the applicable monthly M.G.B. membership fee by debit order and understand that membership commences after the first successful debit order payment.

21.5

They understand that membership cancellation requires 31 (thirty-one) days' written notice and that any amounts due to M.G.B. remain payable.

21.6

They confirm that the information provided to M.G.B. is true and correct and agree to notify M.G.B. of any relevant changes to their information.

21.7

They agree to comply with these Terms and Conditions and with the rules and regulations of participating golf clubs.

21.8

They understand and agree to the processing of their personal information in accordance with Section 15 of these Terms and Conditions and applicable POPIA requirements.

21.9

They understand that these Terms and Conditions should be read together with any specific membership information or arrangements provided to them by M.G.B.