The Birdie Cage

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PLEASE READ THESE TERMS AND CONDITIONS (‘TERMS’) CAREFULLY BEFORE USING THIS SITE

Who we are and how to contact us

thebirdiecage.com.au is a website (“Website”) operated by The Birdie Cage Pty Ltd ACN 688 000 035 (we, us and our).

To contact us, please email birdiecage.com.au

We operate a golf simulator facility under the name The Birdie Cage (“Facility”), which offers memberships and pay-per-use access to indoor golf simulator bays and related services. This Website provides information about our Facility, enables booking and membership registration, and supports our members. References to the Website also include any services or content provided by us in connection with the Facility.

Agreement

By using or visiting our Website, registering as a member, or accessing our golf simulator facility (“Facility”), you confirm that:

  • (A) you have read and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website;
  • (B) you are at least 15 years of age or older, residing in Australia and using this Website within Australia.

We may, at any time, revoke your membership should we have any reason to believe that you have misrepresented your age or breached these Terms.

Our Services

We will provide you with access to our golf simulator facility located at Lavelle Street, Nerang, subject to your membership type, booking, payment of applicable fees, and compliance with these Terms:

  • Use of one or more of our indoor golf simulator bays, booked in advance (where available);
  • Access to our digital booking and scheduling platform through our Website; and
  • Availability of optional services such as coaching sessions, performance data tracking, swing analysis tools, tutorials, or other enhancements.

Collectively referred to as the “Services”.

Membership access is available via different packages, which may include pay-per-use, prepaid time blocks, or recurring subscription models. These packages may vary in pricing, inclusions (such as guest passes or coaching credits), and duration. We may modify, introduce, or retire membership types or service tiers at our discretion, with reasonable notice.

We will operate our Facility and provide Services with reasonable care, skill, and diligence, and in accordance with applicable Australian laws and safety standards. We may engage contractors, staff, or third-party providers to assist in delivering certain aspects of the Services, such as equipment maintenance, coaching, or digital infrastructure.

We may from time to time:

  • Change our operating hours, pricing structure, or availability of certain Services or equipment;
  • Conduct upgrades, maintenance, or replacements to our simulator bays, booking systems, or other infrastructure;
  • Restrict access to certain bays or services during events, functions, or peak usage periods;
  • Offer promotional services, discounts, or packages, which may be time-limited or subject to specific conditions.

Where possible, we will provide reasonable notice of planned changes or disruptions. In the event of urgent maintenance or technical failures, we reserve the right to reschedule or cancel bookings or substitute services. In such cases, we will make reasonable efforts to provide affected members with alternate access or credit but cannot guarantee availability at specific times.

Your access to and use of the Facility is also subject to our published House Rules, safety signage, staff instructions, and any additional usage policies made available from time to time.

Depending on your membership package, you may be permitted to bring a maximum of two guests to the Facility per booking. All guests must be accompanied by you at all times and must comply with these Terms, House Rules, and safety protocols. You are responsible for the conduct of your guests and any damage or misconduct caused by them. Additional fees may apply for guest usage, as notified at the time of booking.

Registration to use the Facility

To access and use our golf simulator bays and related Services, you must first register as a member through our Website or in person at the Facility. Once you have completed the registration process and your membership is confirmed, you will be considered a registered member of the Website (‘Member’) and agree to be bound by the Terms.

As part of the registration process, or as part of your continued access to the Facility, you may be required to provide personal information about yourself (such as identification or contact details). You may also be required to set up a secure login account to manage your bookings.

You acknowledge and agree that by completing your membership registration (online or in person), you are entering into a binding agreement with us and accept these Terms in full. We recommend you read the Terms carefully before completing your registration. This agreement becomes legally binding through any of the following actions:

  • ticking a checkbox or clicking “I agree” during the online registration or booking process;
  • submitting payment via our designated payment gateway (such as Stripe or Square); or
  • signing a physical or electronic form provided by us, where applicable.

You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. You agree to promptly notify us of any changes to your contact details, payment information, or any other membership-related information to ensure your access is not disrupted. Please advise us if you would like to make changes to your membership such as your contact or payment details.

We reserve the right to suspend, refuse, or cancel your membership without refund if you fail to complete the registration process properly, or if any information you provide is false, misleading, or incomplete.

Subscription

When you subscribe as a Member you enter into an agreement with us to receive membership benefits and access to our Facility and services, subject to your membership tier and any applicable usage charges.

You agree to subscribe to an initial 3 month minimum term for the membership package you have chosen (“Subscription Period”). You may not terminate before the end of the Subscription Period. At the end of each Subscription Period, we will notify you of the upcoming renewal and give you the option to cancel. If you do not cancel, your subscription will renew for another Subscription Period. If we fail to notify you, your membership will continue on a month-to-month basis until either you or we terminate it.

You agree to pay the current subscription fee, as notified by us from time to time (‘Subscription Fee’). This fee covers access to membership benefits and booking eligibility but does not include simulator usage fees unless otherwise stated in your plan.

Payment for Subscriptions Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via Visa, MasterCard or debit cards. We will suspend your membership if the Subscription Fee is not paid in advance. You will be unable to book and access the Facility where your membership is suspended.

You expressly authorise us to automatically charge your credit or debit card for each Subscription Fee, without further authorisation from you.

You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on their website.

You will be liable for any banking fees and charges and out administration fees where there has been a refund or denial of the Subscription Fee by you banking or credit institution.

You agree and acknowledge that we can vary the Subscription Fee at any time to reflect changes in services, costs, or membership structure. We will provide you with reasonable notice of any changes to Subscription Fees before the changes take effect.

Bookings and Reservations

All bookings for simulator bay access must be made through our online booking portal available on our Website. Walk-in access is not guaranteed and is subject to availability at our absolute discretion.

To make a booking, you must:

  • Be a registered Member with an active membership account;
  • Log in to your member account through our Website;
  • Select your preferred date, time slot, and simulator bay (where available);
  • Confirm the booking details and complete payment through our designated payment gateway.

Booking confirmations will be sent to your registered email address. Upon successful booking confirmation, you will receive an access code via the app or SMS to your registered mobile phone number. This access code will allow you to gain entry to the Facility commencing 5 minutes before your scheduled booking time.

Your access code will automatically unlock the entry door at the Facility. We reserve the right to refuse access if you cannot provide proper confirmation or if the access code has expired.

Payment for simulator bay usage (separate from Subscription Fees) must be made at the time of booking via the payment methods accepted through our Website. Bookings are not confirmed until payment is successfully processed.

You may modify or cancel bookings through your member account, subject to our cancellation policy outlined in these Terms. The booking system will display real-time availability, but we do not guarantee that displayed times will remain available until payment is completed.

Access codes are time-sensitive and will only be valid from 5 minutes before your booking time until the end of your scheduled session. Late arrival may result in reduced session time, and access codes will not be extended beyond the original booking period.

In the event of technical issues with our booking system or SMS delivery, we will make reasonable efforts to accommodate affected bookings manually. However, we are not liable for any inconvenience caused by system downtime, technical failures, or SMS delivery issues beyond our control.

Bookings are personal to the Member who made the reservation and cannot be transferred to other individuals without our prior written consent. Access codes must not be shared with non-members.

Your obligations as a Member

As a Member, you agree to comply with the following:

  • you will use the Facility and Website only for purposes that are permitted by the Terms.
  • you agree to use the Facility safely, responsibly, and in accordance with any House Rules, signage, staff instructions, and health and safety protocols. Dangerous, reckless, or disruptive behaviour may result in immediate suspension or termination of your membership;
  • you must use all equipment, including simulators, clubs, screens, and software interfaces, with care and in accordance with staff instructions. You must immediately report any damage, malfunction, or safety issue to our staff. You are responsible for any damage caused through misuse or negligent use of the Facility or equipment. If equipment is damaged due to your conduct, you may be charged a repair or replacement fee. You may use your own golf equipment at your own risk.
  • any member credentials, access codes, booking tools, member communications, or performance data we make available to you are for your personal use only. You must not share your access credentials or allow non-members to use your account or bookings. Unauthorised sharing may result in cancellation of your membership;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Group. You must immediately notify us of any breach of your user details;
  • you will not use the Website, booking system, or Facility in connection with any unauthorised commercial activity, including unsolicited marketing, advertising, or data collection;
  • you will not use the Facility, Services, or Website for any illegal and/or unauthorised use which includes collecting other Members’ data and sending unsolicited emails;
  • you acknowledge and agree that automated access to or use of our Website or booking systems (including bots or scraping tools) is strictly prohibited;

We reserve the right to deny entry or remove any individual who appears to be intoxicated or engages in disruptive, aggressive, or unsafe behaviour. Breach of this policy may result in immediate suspension or termination of your membership.

We reserve the right to suspend your membership at any time, in our sole discretion, if:

  • You breach any of these Terms;
  • Your behaviour poses a risk to our staff, other members, our reputation, or the safety of the Facility;
  • You misuse or damage any of our property or equipment;
  • You violate our House Rules or fail to follow safety directions from staff.

Coaching Services

Where you have elected to obtain golf coaching provided at the Facility by independent contractors or third-party providers (“Coaches”), you acknowledge and agree that:

  • Any coaching arrangement is a separate contract between you and the Coach, and we are not a party to that arrangement;
  • We do not employ, supervise, or control the Coaches and are not responsible for their qualifications, methods, advice, or conduct;
  • All coaching fees, scheduling, cancellation policies, and terms of service for coaching are determined solely by the Coach;
  • We are not liable for any injury, loss, or damage arising from coaching services, including but not limited to advice given, training methods used, or the Coach’s professional competence;
  • Any disputes relating to coaching services must be resolved directly between you and the Coach;
  • We make no representations or warranties about the quality, effectiveness, or safety of any coaching services provided by third parties.

You should conduct your own due diligence regarding any Coach’s qualifications and suitability for your needs before engaging their services.

Intellectual Property

We own the intellectual property rights in rights in our Facility name, branding, Website, booking system, marketing materials, signage, digital content (including instructional materials, images, videos, and data reports), and any other content we create or make available to members (collectively, “Content”). You are granted a non-exclusive, non-transferable licence to access and use the Content for your own personal purposes and non-commercial use in connection with your membership.

You must not reproduce, share, publish, distribute, or commercially exploit any part of the Content without our express written permission. This includes using our brand, logo, images, booking platform, or any written or video material for your own business purposes or in a commercial setting.

Nothing in these Terms transfers any ownership of our intellectual property to you. All rights not expressly granted are reserved.

Media, Recordings and Member Content

You may become aware of confidential or proprietary information belonging to us or other members while using the Facility. You agree not to reproduce, publish, share, or use any such materials—including instructional content, branding, marketing material, or personal data—for your own commercial or promotional purposes. Any use of our intellectual property or another member’s likeness or contributions requires prior written consent.

By attending our Facility or participating in events, competitions, or training sessions on-site, you grant us a worldwide, royalty-free, non-exclusive licence to photograph, record (audio or video), or otherwise capture your image, voice, or contributions. You agree we may use such material for promotional, marketing, or educational purposes, including on our Website, social media, printed material, or in internal training.

If you voluntarily provide any testimonials, feedback, images, performance data, or stories about your experience at the Facility, you grant us a royalty-free, perpetual, non-exclusive licence to use, reproduce, adapt, and publish that content in any medium for promotional or instructional purposes.

If you do not wish for your image, voice, or contributions to be used in promotional material, you must notify us in writing at the time of registration or prior to your visit by emailing tim@thebirdiecgae.com.au

Privacy

We take your privacy seriously and any information provided Any personal information you provide to us during the course of your membership—whether via the Website, in-person registration, bookings, or communications—is collected, used, and stored in accordance with our Privacy Policy.

Please refer to our Privacy Policy attached to these Terms for full details on how we manage, store, and protect your personal information, and how you may access or update it.

Refund Policy

We do not provide refunds for change of mind, missed bookings, no shows, or unused membership periods.

We will only offer a refund of the Subscription Fee or credit towards a future booking if:

  • We are unable to continue operating the Facility for a sustained period due to unforeseen circumstances (e.g. major renovation, natural disaster); or
  • We make a discretionary decision that a refund is appropriate in the specific circumstances.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

By using our Facility, equipment, services, or Website, you acknowledge and agree that:

  • You do so voluntarily and at your own risk;
  • We are not responsible for your actions, performance, fitness, safety, or technique;
  • Any recommendations, training suggestions, or digital performance data we provide (if applicable) are general in nature and not tailored to your personal condition or skill level.

Any information, feedback, or digital analysis tools offered at the Facility or through our Website are for general informational and recreational purposes only. They are not a substitute for professional coaching, medical, or fitness advice. You should consult a qualified professional if you have concerns about your ability to use the Facility safely or to engage in physical activity.

While we strive to maintain a safe environment within our Facility, you acknowledge and accept that activities involving the use of golf simulators inherently carry risks, including but not limited to, the potential for physical injury, property damage, or accidents caused by swinging clubs and hitting balls. By participating in activities at our Facility, you agree to assume full responsibility for your actions and to utilise the Facility with caution and in accordance with our safety protocols, House Rules, and staff guidance. You acknowledge that participation is voluntary and at your own risk, and you release us from any liability for injuries, damages, or losses incurred, except where such incidents arise directly from our gross negligence.

We take reasonable steps to ensure our equipment and systems are functioning properly but do not guarantee uninterrupted or error-free access to simulators, technology platforms, or performance-tracking tools. From time to time, technical issues, software malfunctions, or network errors may occur.

We are not responsible for any loss, injury, property damage, or inconvenience caused by misuse of the Facility, failure to follow House Rules, negligence on your part, or the actions of third parties (including other members or guests).

By using the Facility, you acknowledge and accept the inherent risks involved in physical activities such as golf simulation, including but not limited to physical exertion, muscle strain, or contact with equipment. You agree to use the Facility voluntarily and at your own risk, and you release us from any liability for injury or health issues arising from your participation, except where such injury is caused directly by our gross negligence.

Golf simulation activities involve physical movement, exertion, and coordination that may not be suitable for all individuals. Before using our Facility, you should assess your own physical condition and consult with a qualified medical professional if you have any concerns about your ability to safely participate.

You acknowledge and agree that you use the Facility entirely at your own risk, and that we are not qualified to provide medical advice or assess your fitness to participate. By using the Facility, you represent and warrant that:

  • You do not have any medical condition, injury, disability, or physical limitation that would prevent you from safely using golf simulator equipment or participating in physical golf activities;
  • You are not currently pregnant, or if you are pregnant, you have consulted with your healthcare provider and received clearance to engage in physical golf activities;
  • You do not suffer from any heart condition, cardiovascular disease, respiratory condition, joint problems, back injuries, or other medical conditions that could be aggravated by physical exertion, repetitive motions, or golf swing mechanics;
  • You do not have any vision, hearing, or balance impairments that could affect your ability to safely operate simulator equipment or navigate the Facility;
  • You are not currently under the influence of medication, alcohol, or other substances that may impair your judgment, coordination, reaction time, or physical capabilities;
  • You will immediately cease activity and seek medical attention if you experience any discomfort, pain, dizziness, shortness of breath, or other concerning symptoms while using the Facility.

Pregnant women should consult their healthcare provider before using our Facility. Golf activities may involve twisting motions, physical exertion, and balance challenges that could pose risks during pregnancy.

Members under 18 or over 65 should be particularly mindful of their physical capabilities and limitations when using the Facility.

You agree to inform us immediately of any medical condition or injury that develops during your membership that may affect your ability to safely use the Facility. We reserve the right to request medical clearance or restrict access if we have reasonable concerns about your safety or the safety of others.

We strongly recommend consulting with your doctor, physiotherapist, or other qualified healthcare professional before beginning any new physical activity, including golf simulation.

We are not responsible for any personal belongings left unattended or forgotten at the Facility. Any items found will be held for a limited time and may be disposed of or donated if not claimed. You are encouraged to label your belongings and take care when using shared or locker areas.

Limitation of liability

To the extent permitted by law, our total liability to you (arising out of or in connection with these Terms, your membership, use of our Facility, services, or Website), whether in contract, tort (including negligence), statute, or otherwise, is limited to 5x the total amount of Subscription Fees paid by you in the 12 months preceding the event giving rise to the claim.

We are not liable for any: (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.

We are not liable for any physical injury or discomfort arising from your use of the simulator equipment unless such injury is caused directly by our gross negligence or breach of a statutory duty.

Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.

Termination

The Terms will continue to apply until terminated by either you or by us as set out below.

You may terminate at any time, upon written notice, provided that:

  • we have breached a provision of these Terms, and
  • we have failed to rectify the breach after you have given us 21 days’ notice to remedy.

We may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • we are required to do so by law;
  • if your conduct impacts our name or reputation or violates the rights of those of another party;
  • the continued operation of the Facility becomes commercially unviable.

Upon termination, your access to the Facility and any member booking tools will be deactivated. Any remaining fees or charges due at the date of termination will become immediately payable.

We reserve the right to permanently ban or refuse future membership to any individual who has previously been terminated for breach of these Terms or misconduct.

Cancellation and Postponement

We reserve the right to postpone or cancel simulator bookings or Facility access due to unforeseen circumstances, including but not limited to equipment failure, staff unavailability, technical issues, safety concerns, or extreme weather (if applicable). We will endeavour to provide you with as much notice as reasonably possible.

In the event of a cancellation or postponement initiated by us, we will offer you either:

  • a rescheduled booking time;
  • credit towards a future session; or
  • a refund (in limited circumstances and at our discretion).

If you are unable to attend a scheduled session due to personal or unforeseen circumstances, you must notify us as soon as practicable and no later than 8 hours before the scheduled session time. Cancellations made with less than 8 hours’ notice, or failure to attend without notice (“no-shows”), may result in forfeiture of the session payment or credit and no refund will be provided. Rescheduling or credit may be offered at our discretion depending on the notice given, availability, and your membership terms. Repeated late cancellations or no-shows may lead to a temporary suspension of your booking privileges.

If you are unable to use your membership due to medical, travel, or other reasonable circumstances, you may request to temporarily suspend your membership (“Freeze Request”). We may approve or deny Freeze Requests at our discretion. Approved freezes may be granted for a minimum of 2 weeks and a maximum of 3 months. Subscription billing will be paused during this period, and access to the Facility will be suspended until reactivation.

Indemnity

You agree to indemnify The Birdie Cage Pty Ltd and its directors, officers, employees, agents, and affiliates against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or in connection with:

  • your breach of these Terms;
  • any misuse or unauthorised use of the Facility or Services by you or your guests;
  • any personal injury or damage to property caused you or your guests; and
  • any violation of law by you or your guests.

This indemnity is a continuing obligation, independent of your other obligations under these Terms, and survives termination of the membership. Members are not required to indemnify us for any loss or damage arising directly from our gross negligence or wilful misconduct.

We may make changes to these Terms

We may amend these Terms from time to time. Every time you wish to use our Website, book a session, or access our Facility or services, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to use our Website, Facility, or services after the amendments take effect, you agree to be bound by the Terms as amended.

These Terms were most recently updated on 15 July 2025

We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our Facility, services, products, our users’ needs, changes in law and our business priorities.

We may suspend or withdraw our Website

We do not guarantee that our Facility, Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website, booking platform, or related services for business, operational, or maintenance reasons. We will try to give you reasonable notice of any suspension or withdrawal.

This Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation, functionality, or uninterrupted availability.

We are not responsible for viruses

We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Website. You should use your own antivirus software.

We are not responsible for Websites we link to

Where our Website contains links to other Websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party Websites subject to the terms and conditions for those Websites.

General

Disputes: In the event of any dispute, the parties agree to mediate before proceeding to litigation.

Force majeure: No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of god, strike or pandemic.

Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.

Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms forms the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.

Jurisdiction: These Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Queensland courts. Although the Course may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.

Assignment: You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without notice, including in the event of a business restructure, sale, or transfer of ownership.