Data & Privacy

BALL MAGNETS END USER LICENCE AGREEMENT

THIS IS A BINDING AGREEMENT between Ball Magnets Pty Ltd (ACN 640 796 176) (Ball Magnets, we, our or us) and any person (you) who registers a User Account. 

By registering a User Account, you are deemed to have confirmed to us that:

  • you are of legal age in your country and not under 18 years old or, if you are under 18 years old, you have consent from your parent or guardian;
  • you have full power, capacity and authority to agree to this End User License Agreement; and
  • you have not been prohibited from accessing or using the Ball Magnets App.

By accessing and / or using your User Account and the Services, you agree to be legally bound and abide by the terms and conditions set out in this End User Licence Agreement.

  1. DEFINITIONS

In this End User Licence Agreement, all other grammatical forms of defined terms have a corresponding meaning, and:

AFL means Australian Football League;

Ball Magnets App means our application titled “Ball Magnets” which is a training aid that provides training services, features and content to assist Users to improve and develop their AFL football skills and / or improve their fitness;

Confidential Information means Information obtained via the Services, but excluding Information which is in (or enters) the public domain other than as a consequence of a breach of this End User Licence Agreement;

End User Licence Agreement means this agreement;

Information means any information, irrespective of its form, and includes (for the avoidance of doubt) all notes, comments, and other records prepared by you based on or incorporating information obtained by you via the Services;

Intellectual Property Rights means all intellectual property rights, including patents, copyright, moral rights, rights in circuit layouts, registered and unregistered designs, registered and unregistered trade marks, service marks, trade names and any right to have confidential information kept confidential (together with any application or right to apply for registration of any such rights);

ISP means internet service provider;

ISP Services means internet service and/or access provider services;

Organisation Subscription has the meaning given in clause 5.3(a) of this End User Licence Agreement;

Services means the services, features and content made available via the Ball Magnets App;

Subscription Level means the level of subscription to the Ball Magnets App which you have purchased or, in the case of a Trial Subscription or Organisation Subscription, have otherwise signed up for (details of subscription options and applicable fees can be found here and in clause 5.1);

Trial Subscription has the meaning given in clause 5.2(a) of this End User Licence Agreement;

Website means the website located at https://www.ballmagnets.com.au/;

User means any person who accesses or uses the Services; and

User Account means an account registered by a User on the Ball Magnets App or Website under section 3.

 

  1. THE SERVICE

2.1 Service composition

Subject to you complying with this End User Licence Agreement, we will provide access to and use of the Ball Magnets App and the Services to you as set out in this End User Licence Agreement.

2.2 Use of the Service

In addition to this End User Licence Agreement, your access and use of the Ball Magnets App and the Services is subject to and governed by:

  1. our Privacy Policyand
  2. our Website Terms

2.3 Inconsistency

To the extent that there is any inconsistency between any of the provisions of the Website Terms, Privacy Policy and this End User Licence Agreement, the terms of the End User Licence Agreement will prevail.

  1. REGISTRATION OF USER ACCOUNT

3.1 Registration

You must register a User Account on the Ball Magnets App or Website in order to access and use the Services. In order to register a User Account, you must provide the following information:

(a)         your full name, date of birth, mobile phone number and email address;

(b)         the names of any leagues/associations you are affiliated with;

(c)          the team or club you play for;

(d)         what position or positions you play;

(e)         your gender;

(f)           your favourite AFL/AFLW team and player;

(g)         your password; and

(h)         any other information reasonably required by us in relation to your User Account.

 

3.2 Accuracy

When registering as a User of the Ball Magnets App and Services, you must provide us with accurate, complete and up-to-date information as requested on the registration page of the Ball Magnets App or Website (as applicable). It is your responsibility to inform us of any changes to that information. You may do this at any time by updating your User Account information via the Ball Magnets App or Website (as applicable).

3.3 Obligations

We may, in our absolute discretion, refuse registration, suspend or terminate your User Account if:

(a)         you register or attempt to register more than one User Account;

(b)         we reasonably believe you have breached this End User Licence Agreement;

(c)          you open or attempt to open a User Account using incomplete or falsified details, or otherwise in a fraudulent or illegal way;

(d)         we suspect that any information provided by you is incomplete or inaccurate; or

(e)         we consider that the refusal of registration or the closure of your User Account is necessary to comply with our obligations at law.

 

  1. YOUR RESPONSIBILITIES

4.1 Responsibility and security

(a)         You acknowledge and agree that:

(i)           you are solely responsible for all activities that occur on your User Account;

(ii)         your password is confidential; and

(iii)       you will keep your password secure and not disclose it to any other person, nor will you permit your username and password to be given to or used by any other person.

(b)         You must notify us immediately of any actual or suspected unauthorized use of your User Account or breach of your User Account security, including if the confidentiality of your password is compromised.

4.2 ISP Services

(a)         To use and access the Services, you must have access to:

(i)           a valid User Account and subscription; and

(ii)         an account for the provision of ISP Services with an ISP.

(b)         Your ISP (and not us) is responsible for the provision of ISP Services pursuant to any agreement between you and that ISP in respect of those ISP Services. You are responsible, and are solely liable, for any account charges or other costs incurred in relation to the ISP Services, including the use of the Services using the ISP Services.

4.3 Information

In addition to the information required to create a User Account under clause 3.1, you agree to provide all information required to enable us to provide the Services. You must ensure that all such information is accurate and complete. We will not be liable for any loss or damage arising from any inaccuracy, omission or other defect in any such information.

4.4 Compliance

You must comply with our reasonable directions in relation to your access to or use of the Ball Magnets App and the Services. In addition, you must use the Ball Magnets App and the Services in good faith, and must at all times comply with this End User Licence Agreement and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Ball Magnets App and the Services (including applicable privacy laws).

 

  1. SUBSCRIPTION

5.1 Subscription options

You may subscribe to access and use the Services as follows:

(a)         on a Trial Subscription;

(b)         on a monthly or an annual basis, or for such other periods that Ball Magnets may offer from time to time; or

(c)          on an Organisation Subscription.

5.2 Trial Subscription

(a)         We may offer a free seven day trial of the Service to you if you have registered a User Account with us and have never received a free trial of the Service before (Trial Subscription).

(b)         Trial Subscriptions are available only to new users of the Service and Ball Magnets may, in its sole discretion, cancel any Trial Subscriptions if it becomes aware that the user has already had a Trial Subscription (including on a different User Account or email address).

(c)          Your Trial Subscription will automatically end at the end of the seven day trial period.

5.3 Monthly / Annual subscription

(a)         At any time during or after the expiration of the Trial Subscription, a User may subscribe for a monthly or annual subscription.

(b)         In order to subscribe for a monthly or annual subscription you will need to provide the following additional information:

(i)           your home address and billing information; and

(ii)         your payment details (e.g PayPal account details/credit card / App or Google Play store payment details).

(c)          Unless you cancel your subscription to the Services prior to the end of your monthly or annual subscription period (as applicable), your subscription to the Services will automatically renew and you will be charged by us on a monthly or annual basis according to the Service Subscription Level you have selected in accordance with the terms of clause 5.

5.4  Organisation Subscription

(a)         An organisation may purchase a subscription to the Services on behalf of itself and its members (Organisation Subscription).

(b)         When purchasing an Organisation Subscription, organisations will be subject to separate terms and conditions to be agreed with Ball Magnets.

(c)          Any organisation member or person who is a User under an Organisation Subscription will not be required to pay for access and use of the Services but must comply with the terms of this End User Licence Agreement.

(d)         If you have an Organisation Subscription the term of that subscription will be as per the terms and conditions in clause 5.4(b). Please contact your applicable organisation for details of the term of your Organisation Subscription.

5.5 Pricing

(a)         The fees payable for a subscription to the Services depends on the Subscription Level you select. The pricing and fees payable for each of the Subscription Levels are listed on the Website (see here) and may be revised or updated by Ball Magnets from time to time.

(b)          Any revision or update to fees payable will apply prospectively to any subscription option entered into by you for the Services on and from the next renewal period for your subscription.

(c)          Unless otherwise stated, all prices listed on the Website are in Australian dollars and are exclusive of 10% GST as defined in A New Tax System (Products and Services Tax) Act 1999 (Cth). You must pay to us an amount equal to the GST payable on any taxable supply made to you under this agreement.

(d)         The prices listed on the Ball Magnets App and Website for each Subscription Level are not inclusive of any additional amounts relating to applicable taxes on the transaction, bank fees and currency fluctuations which are not specifically mentioned in this End User Licence Agreement.

5.6 Payment

(a)         Payment for the Services must be made in advance, on a monthly or annual basis depending on the Subscription Level you select.

(b)         We accept payment via the Ball Magnets App or our Website (as applicable) through the payment methods offered from time to time (e.g PayPal /credit card / App or Google Play store payments). You must abide by relevant agreements which govern your use of any given payment method for the Service.

(c)          If you have a Trial Subscription or an Organisation Subscription this term will not apply to you.

5.7 Cancellation

(a)         You may cancel your subscription to the Services at any time via the Ball Magnets App or Website (as applicable).

(b)         On cancelling your subscription to the Services, you will continue to have access to the Services for any remaining period of access that you have paid for in advance. Once this period of access expires, you will no longer have access to the Services and your agreement to this End User Licence Agreement is terminated subject to clause 11.4.

 

  1. LICENCE

Subject to the terms of this End User Licence Agreement, we grant you a limited, non-exclusive, revocable licence to:

(a)         download and use the Ball Magnets App for non-commercial, personal purposes; and

(b)         access and use the Services according to your Subscription Level for non-commercial, personal purposes and in accordance with clause 5.

 

  1. RESTRICTIONS ON USE

7.1 Restrictions

You must not:

(a)         use Ball Magnets App, or the Services for any purpose other than as permitted by this End User Licence Agreement;

(b)         remove, obscure or tamper with any copyright notices or author attributions on Ball Magnets App, or the Services;

(c)          tamper with Ball Magnets App or circumvent any technology used by us or our third party licensors to protect any Services accessible through Ball Magnets App;

(d)         copy, store, reproduce, transmit, alter, emulate, disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from Ball Magnets App (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));

(e)         copy, store, reproduce, transmit, alter, emulate, disassemble, decompile, reverse engineer, or create derivative works from the Ball Magnets App or the Services;

(f)           rent, lease, loan, make available to the public, sell or distribute the Ball Magnets App or any content from the Services in whole or in part;

(g)         plagiarise all or any part of any information to which you have access via the Services (or all or any part of any information which you know or have reason to suspect is derived without acknowledgement from the Services);

(h)         attempt to collect or harvest any information or data from the Ball Magnets App or our systems, or attempt to decipher any transmissions to or from the servers running the Ball Magnets App; or

(i)           incorporate the Ball Magnets App, or the Services in any other product (unless we expressly agree otherwise with you).

7.2 Disruption

You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan, harmful data or other malicious code into the Ball Magnets App or the Services, or in any other manner whatsoever corrupt, degrade or disrupt the Ball Magnets App or the Services.

7.3 Unlawful, unauthorised or dangerous use

You must not (nor permit a third party to) submit any data or information to the Ball Magnets App or the Services, nor otherwise use the Ball Magnets App or the Services:

(a)         to engage in any activity which breaches any law, infringes a third party’s rights, or in a manner which interferes with the rights of any other person;

(b)         to infringe our Intellectual Property Rights or the Intellectual Property Rights of any third party;

(c)          in any way that:

(i)           is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent or threatening;

(ii)         is xenophobic, racist, abusive, harassing or hateful;

(iii)       is invasive of a person’s privacy or constitutes personal abuse directed at other Users;

(iv)       constitutes commercial advertising or the promotion of your own site, app, products and / or services; or

(v)         contains links to other sites that contain or promote the material identified in paragraphs (i) to (iv);

(d)         to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service; or

(e)         in any way that constitutes misuse, or resale or other commercial use, of the Ball Magnets App, Services or any associated materials.

7.4  Access outside Australia

The Ball Magnets App and Services may be accessed from outside Australia. We make no representation that the Services comply with the laws (including intellectual property laws) of any country outside Australia.  If you access the Services from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

 

  1. APPLICATION STORE ADDITIONAL TERMS

8.1 Apple App store

If the Ball Magnets App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, Apple) App Store you acknowledge and agree that:

  • this End User Licence Agreement is between Ball Magnets and you (and not with Apple) and that the Ball Magnets App and Services are governed by this End User Licence Agreement;
  • you may only access and use the Ball Magnets App on or through an Apple device that you own or control;
  • Apple has no obligation to provide any maintenance or support services in relation to the Ball Magnets App;
  • where the Ball Magnets App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Ball Magnets App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Ball Magnets App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Ball Magnets App to conform to any warranty will be governed by this End User Licence Agreement;
  • any claims arising or in connection with the Ball Magnets App including those that are related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection laws, privacy laws or similar legislation are governed by this End User Licence Agreement, and Apple is not responsible for addressing such claims;
  • any third party claim that the Ball Magnets App or your use of it infringes the intellectual property rights of that third party will be governed by this End User Licence Agreement, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim;
  • you represent and warrant that you are not
    • located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
    • listed on any U.S. Government list of prohibited or restricted parties;
  • you may contact Ball Magnets in writing at info@ballmagnets.com.au with any notices, questions, complaints, or claims that relate to the Ball Magnets App and the Services;
  • you will comply with any applicable third party terms when using the Ball Magnets App;
  • Apple is a third-party beneficiary to this End User Licence Agreement and, upon your acceptance of this End User Licence Agreement, may enforce the terms of this End User Licence Agreement against you; and
  • to the extent that any of the terms of this End User Licence Agreement are inconsistent with Apple’s applicable instructions for Minimum Terms for Developer’s End User Licence Agreement or the App Store Terms of Service (as at the date this End User Licence Agreement was accepted by you), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User Licence Agreement or App Store Terms of Service, as applicable, will apply to the extent of the inconsistency.

8.2 Google Play Store

If the Ball Magnets App is provided to you through Google Inc.’s (Google Inc. together with all of its affiliates, Google) Google Play:

  • you acknowledge and agree that Google is not responsible for providing support services for the Ball Magnets App; and
  • to the extent that any of the terms of this End User Licence Agreement are inconsistent with Google’s “Google Play Developer Distribution Agreement” (as at the date this End User Licence Agreement was accepted by you) the terms and conditions of Google’s Google Play Developer Distribution Agreement apply to the extent of the inconsistency.

 

  1. TITLE AND INTEREST

You agree that all existing and future rights, title and interest (including all Intellectual Property Rights) in and to Ball Magnets App and the Services remain or vest absolutely in us (and/or our third party licensors). The only rights you have in respect of Ball Magnets App and the Services are those granted to you under this End User Licence Agreement.

 

  1. LIABILITY AND INDEMNITY

10.1 Consumer rights and remedies

To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. 

10.2 Non-excludable Obligations

Nothing in this End User Licence Agreement operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute (Non-excludable Obligation), the exclusion, restriction or modification of which would:

  • contravene that statute; or
  • cause any term of this End User Licence Agreement to be void.

10.3 General disclaimers

Except in relation to Non-excludable Obligations:

  • all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under this End User Licence Agreement;
  • we make no representation or warranty, and expressly disclaim all warranties, either express or implied, in relation to the Ball Magnets App and the Services, including merchantability and fitness for a particular purpose; and
  • subject to clause 4, we make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency or security of the Ball Magnets App or the Services, and we are not liable to you if the Ball Magnets App and / or any Services are unavailable for any reason.

10.4 Medical disclaimer

The elements of the Services which promote physical activity, exercise techniques or other training and fitness practices are for informational purposes only and are not medical advice, resources or services or provided for treatment purposes. Before engaging in any physical exercise or training activity, or making any changes to your fitness regimen, you should seek appropriate professional advice. Never disregard any advice or medical instructions from a health care professional because of something that you have seen in the Services. Except in relation to Non-excludable Obligations, to the maximum extent permitted by law, Ball Magnets is not responsible or liable for any loss, harm, damage, cost or expense of any sort incurred that result from your use of the Services. 

10.5 Security

While we use reasonable endeavours to ensure the Website, the Ball Magnets App, and any transactions conducted through the Website or Ball Magnets App, are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free.  We are not liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.

10.6 Exclusion and limitation of liability

Except in relation to Non-excludable Obligations, our liability to you arising directly or indirectly under or in connection with this End User Licence Agreement or the performance or non-performance of this End User Licence Agreement and whether arising under any indemnity or statute, in tort (for negligence or otherwise) or on any other basis in law or equity is limited as follows:

  • we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract or any economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with the Ball Magnets App or the provision of the Services; and
  • our total aggregate liability to you under or in connection with the Ball Magnets App or the provision of the Services is otherwise limited to an amount not exceeding $100.

10.7 Indemnity

You indemnify us against any liability, loss, harm, damage, cost or expense we may suffer or incur (including as a consequence of any claim made by a third party, and including legal costs and expenses on a full indemnity basis) arising from or in connection with your breach of this End User Licence Agreement or the terms and policies they incorporate by reference, or your violation of any law or the rights of any third party in connection with the Ball Magnets App or Services.

 

  1. VARIATION, SUSPENSION AND TERMINATION

11.1 Variation, suspension, and termination without notice or cause

We may:

(a)         make a change to all or part of the Ball Magnets App or the Services (including the availability of any feature, content or database) which results in an increase, or a minor decrease in functionality without having to give you notice;

(b)         make a change to all or part of End User Licence Agreement which results in a positive, neutral or minor detrimental impact on you immediately without notifying you except by publishing the amended terms (as applicable) on the Ball Magnets App and / or the Website;

(c)          temporarily suspend or block access to the Ball Magnets App or the Services in an emergency or in connection with clause 3.3 at any time, without having to give you notice; and

(d)         terminate your access to and use of the Ball Magnets App or the Services without cause by giving you 14 days prior written notice in which case we will refund any prepaid amounts to you on a pro rata basis which is your sole and exclusive remedy,

without any liability to you except as specified in this clause 11.1.

11.2 Specific changes to the Ball Magnets App, Services or this End User Licence Agreement

(a)         We may make a change to:

(i)           all or part of the Ball Magnets App or the Services (including the availability of any feature, content or database) which results in a material decrease in functionality of the Ball Magnets App or the Services; or

(ii)         all or part of End User Licence Agreement which results in a significant detrimental impact on you,

if we have notified you of the change prior to the change coming into effect.

(b)         Once we have notified you of a proposed change under clause 11.2(a), you may within 10 days of receipt of that notice elect to terminate your subscription, in which case we will refund you any pre-paid amounts on a pro rata basis, which is your sole and exclusive remedy.

(c)          If you do not elect to terminate within the 10 day period in clause 11.2(b), you waive your right to terminate your subscription under this clause 11.2.

11.3 Termination for breach

Where you have breached any provision of this End User Licence Agreement, and without prejudice to any other rights or remedies, we may, by written notice, immediately terminate this End User Licence Agreement or the provision of any Services, without any liability to you and you agree that no prepaid amounts will be refunded. This will include termination of your User Account.

11.4 Survival

Clauses 1, 10, 11.4 and 14 survive termination of this End User Licence Agreement.

 

  1. CONFIDENTIALITY

12.1 Confidentiality acknowledgments

(a)         If you access any Confidential Information using the Services, you acknowledge and agree that:

(i)           the Confidential Information is confidential to us;

(ii)         you owe an obligation of confidence to us in relation to that Confidential Information; and

(iii)       you have no right or interest in the Confidential Information (other than the right to use and disclose it in accordance with this End User Licence Agreement).

(b)         The obligations in this section 12.1 continue to apply even if your access to the Services and / or your User Account is disabled, suspended or terminated.

12.2 Permitted use

You must not, without first obtaining our consent:

(a)         use any Confidential Information except to the extent necessary to enjoy the benefit of the Services; or

(b)         disclose any Confidential Information except to the extent required by law.

12.3 Security and control

You must, at your cost, keep the Confidential Information:

(a)         confidential;

(b)         under your effective control; and

(c)          secure from theft, loss, damage and unauthorised access, use and disclosure.

12.4 Return or destruction of Confidential Information

At the our request, or on termination of this End User Licence Agreement (whichever occurs first), you must:

(a)         immediately stop using all Confidential Information in your possession or control; and

(b)         at the our option, either:

(i)           deliver that Confidential Information to us; or

(ii)         permanently erase that Confidential Information (and, if requested, provide evidence of destruction reasonably satisfactory to the discloser),

except to the extent that you need to retain the Confidential Information to comply with any applicable law or the requirements of a regulatory body or stock exchange.

 

  1. PRIVACY       

13.1 Collection of personal information

We will collect, use and store your personal information in accordance with this End User Licence Agreement, our Privacy Policy and applicable laws, including for the purposes of making available the Services, complying with our legal obligations, communicating with you to promote our products and services, and improving the user experience in relation to the Services.

13.2 What we collect

(a)         If you use the Services, the information that we may collect and store includes:

(i)           the type of operating system and/or other software or firmware used by the device(s) that you use to access the Services;

(ii)         the data you send and receive data using the Services (including the type and quantity of that data);

(iii)       the dates on which and times at which you use the Services; and

(iv)       the IP and MAC address of the device(s) that you use to access the Services.

(b)         In some cases, we may obtain limited information about you from the organisation that employs you, in order to invite you to use the Services.

13.3 Disclosure of personal information

We may disclose your personal information to our related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), other organisations or individuals who assist us in providing services or who perform functions on their, and anyone else to whom you authorise us to disclose it.

 

  1. GENERAL

14.1 Assignment

You may not assign your rights under this End User Licence Agreement, or attempt or purport to do so, without our prior written consent (which may be given or withheld in our absolute discretion).

14.2 Force majeure

Neither party will be liable to the other for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.

14.3 Governing law

This End User Licence Agreement is governed by the laws of the Victoria, Australia, and all parties submit to the non-exclusive jurisdiction of Victoria, Australia.

14.4  Severability

If any provision, or part of a provision, of this End User Licence Agreement is found to be illegal or unenforceable it will be severed from the agreement, and the remainder of this End User Licence Agreement will be construed as if that provision or part did not form part of this End User Licence Agreement. The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between the parties.

14.5 Entire agreement

This End User Licence Agreement is the entire agreement between the parties on its subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbally, in writing or in another format).

 

 

TERMS OF SERVICE

WEBSITE ACCESS AND USE 

General

The terms and conditions expressly set out on this page, as well as any additional terms, conditions or policies that are referenced or made available via hyperlink (Website Terms), are between you and Ball Magnets Pty Ltd (ACN 640 796 176) (Ball Magnets, we, our or us) and govern your use of our website located at  Website.

By browsing, accessing or using our Website and / or placing an order to purchase any of our subscriptions, products, merchandise or equipment (Product) (together an Order), you agree to be bound and abide by these Website Terms. To avoid any doubt, these Website Terms apply to all persons who browse, access or use this Website, including, without limitation, customers, browsers, vendors, merchants and/or contributors of content (User).

Please read these Website Terms carefully before you browse, access or use our Website. If you do not agree to these Website Terms, then you should not browse, access or use the Website or place an Order. To access or use the Website and purchase Products you must be at least 18 years of age and have the capacity to enter into a legally binding agreement with us. If you are under 18 years of age you must have the consent of a parent or guardian. 

Purpose of the Website 

The purpose of the Website is to provide you with Information about our Australian Football League (AFL) football training application titled “Ball Magnets” (Ball Magnets App), facilitate registration for the Ball Magnets App and allow Users to purchase Ball Magnets Products. 

Information on the Website

All information set out on the Website (Information) is provided for general information purposes only. 

We make no warranty about the accuracy, completeness, reliability or timeliness of the Information. You are solely responsible for the consequences of your use of any Information or Products, including any decision to act or not act on the basis of the Information.

The Website may be accessed from outside Australia. We make no representation that the Information or the Website complies 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 you are responsible for ensuring compliance with all laws in the place where you are located.

Ownership of Content

Unless otherwise indicated, we own the copyright and all other intellectual property rights in all text, graphics, videos, information, designs, data and other content (Content) on the Website. While you may browse the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Website for any other purpose. All trade marks appearing on the Website belong to their respective owners. 

Links to other websites

The Website may contain links to third party sites (Links) over which we have no control. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website.

We make no representation or warranty as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.

Links are provided for your convenience only. You acknowledge and agree that any access to and use of Links is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link. 

Privacy Policy

Any personal information that we collect, hold, use and disclose will be done so in accordance with our Privacy Policy

Cookies 

A cookie is a small text file that is stored on your device when you visit websites. It represents information to the website that assists with providing you a better browsing experience. Cookies provide information in relation to your browsing behaviour, but generally will not identify you. 

We use cookies on the Website to help us give you a more tailored experience and remember your preferences. 

You can manage the cookies by using your browser if you feel uncomfortable about them. However, please note that removing or blocking the cookies can affect your browsing experience and the Website’s functionality.

Accuracy of billing and account information

To register for an account on our Website and/or to place Orders you must provide current, complete and accurate purchase and account information including your name, email, postal addresses and payment details.

You are responsible for any Orders placed or activity conducted using your account. Please keep your account password secure.

You agree to keep your account information and payment details up to date (including credit card numbers and expiration dates) to enable us to process any Orders you make and contact you if required.

End User License Agreement terms 

Ball Magnets offers and makes available to users, certain services, features and content through the access to and use of its Ball Magnets App on a trial, paid or organisation subscription basis.   

In addition to these Website Terms and our Privacy Policy, your access to and use of the services, features and content available through the Ball Magnets App is subject to our End User License Agreement.

 

BALL MAGNETS ONLINE STORE AND USER ORDERS

Orders

Products on the Website are displayed as an invitation to treat. By making an Order on our Website you are offering to enter into an agreement with Ball Magnets to purchase Products from us. 

Each Order you place will constitute a separate agreement with us.

When making an Order you must follow the instructions on the Website and pay the applicable price in full plus any applicable delivery fees and other fees and charges at the time the Order is made, using one of the methods of payment accepted on the Website.

Orders are deemed to be received by us when a confirmation email is sent by us to your nominated email address. We reserve the right to refuse any Order that is placed with us and to limit, change or cancel any Orders for any reason, including where: 

  • the Product Ordered is unavailable; 
  • we suspect the Order(s) have been placed by dealers, distributors or resellers;
  • we suspect your Order is fraudulent or we suspect credit card or payment-related fraud; or 
  • there has been an error in the imagery, price or product description on the Website; 

If you have cancelled your Order before it has been accepted by us we will promptly refund to you any payment you have already made. In the event that we cancel or make a change your Order, we will notify you by contacting the email, billing address and/or phone number provided by you at either the time the Order was made or your account was created. Where we limit, refuse or cancel your Order due to unavailability of stock, we may ask you to re-submit your Order or offer you an alternative Product, or size (as applicable).  

Products

Products are subject to change at any time at our discretion.

We reserve the right to:

  1. limit the quantities or sales of any Product that we offer (including on a per person basis, by geographic region or by jurisdiction); and
  2. discontinue any Products at any time.

We have made every effort to display as accurately as possible the colours, details and specifications of our Products. However, due to limitations of photography or your computer screen, phone screen or monitor display, some Products may differ in colour or other visual appearance when you receive them from how they appear on the Website. Accordingly, we cannot guarantee the complete accuracy of Products Ordered.

To the extent permitted by law (including the Australian Consumer Law), we do not warrant or guarantee that the quality of any Products purchased or obtained by you will meet your expectations.

Price

As we are based in Australia, all prices for our Products, any delivery fees and any other fees or charges displayed on our Website are in Australian Dollars. Unless otherwise stated, all prices are exclusive of 10% GST as defined in A New Tax System (Products and Services Tax) Act 1999 (Cth). You must pay to us an amount equal to the GST payable on all taxable supplies made to you through the Website. 

We reserve the right to change our prices from time to time without notice to you.

If you have already submitted an Order at a particular price, we agree to supply your Products at that price. However, where your Order is affected by a pricing error that is caused by genuine human or system error we reserve the right, in our discretion, not to honour any incorrect offers represented on the Website.

Dispatch and delivery

Your delivery options are set out here. We will endeavour to deliver Products to the place of delivery requested by you and within the amount of time indicated by us at the time of your Order. We cannot, however, guarantee the time that it takes for Products to arrive. 

In the event that our carrier is unsuccessful in delivering to you on more than one occasion, the Products may be returned to us. If this occurs, you will be liable for any additional freight charges incurred to resend your Products. 

To the extent permissible by law, you agree that you must not hold us liable for any losses, liabilities, costs, damages, charges or expenses for late or delayed delivery of Products to you. 

Returns

We do not offer change of mind returns on Products.

If you believe that you have received a Product with a defect or the Product you received was not what you ordered, please contact our customer service team as soon as possible so we can guide you through the returns process and help resolve the issue. 

As part of the returns process, you may be required to provide information to support your claim, including images of the defect in the Product. If the Product is confirmed to have a defect, we will replace or repair the Product or refund the price of the Product to your original payment method, as appropriate and in our discretion. However, if in our reasonable opinion a defect has resulted from fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care, then we will not replace, repair or refund the Product.

Any refund will only be provided to the original payment method used to purchase the Product.

Offers and Promotions

From time to time we may make online offers and promotions available on our Website. Some of our offers or promotions may be made available through the use of a promotional or coupon code (Code) when an Order is placed. You are responsible for ensuring that any Code you use is entered at the time you place your Order. 

Offers and promotions may be specific to only certain Products and time limits may apply.

Separate terms and conditions may apply to any of our online offers and promotions (including to the use of Codes). These terms and conditions will be specified with the applicable offers and promotions and will form part of these Website Terms. Please ensure you read any separate terms and conditions carefully.

Any time period mentioned in a promotion or an offer is a reference to the local time in Melbourne, Australia (unless otherwise stated).

Risk and title

Risk and title to Products Ordered will pass to you on the date and time of the delivery of the Products to your specified place of delivery or associated postal drop point.

 

LIABILITY

Non-excludable obligations

To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of Schedule 2 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Website Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute and cause any term of these Website Terms to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Website Terms.

Liability in relation to access and use of the Website

While we will use reasonable care and skill in operating our Website, we cannot promise that our Website will always be available or completely free of faults or errors. 

Your use of, and reliance on, this Website (including any Content) is entirely at your own risk.

Except in relation to Non-excludable Obligations, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or anyone else under or in connection with this Website (including any Content), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).

Liability in relation to Orders and Products

Except in relation to Non-excludable Obligations, our liability to you arising directly or indirectly in connection with any Orders made by you, or your purchase or use of any Products, whether arising under any indemnity or statute, in tort (for negligence or otherwise) or on any other basis in law or equity is limited as follows:

  • we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with the any Orders made by you or your purchase or use of any Products; and
  • our total aggregate liability to you in connection with any Orders made by you or your purchase or use of any Products is otherwise limited to an amount not exceeding A$100.

 

GENERAL 

Changes to Website Terms

We may change these Website Terms at any time without notice to you. You agree to be bound by the changed terms if you browse, access or use this Website and / or Order Products after the terms have changed.

Governing law

These Website Terms are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.  

 

 

PRIVACY POLICY

  1. About us

protection and includes health information. Ball Magnets only collects sensitive information where it is
reasonably necessary to allow us to for our functions or activities and:1.  About us

We love AFL and we want to build an online platform that connects and inspires the next generation of young football athletes, including through the provision of our application titled “Ball Magnets” which is a training aid that provides training services, features and content to assist users to improve and develop their AFL football skills and / or improve their fitness (Ball Magnets App).

For us to provide the best service we can offer, we need to know a bit about you. We know that the personal information you give to us about yourself may be sensitive, and we take the protection of this information very seriously.

This Privacy Policy is for Ball Magnets Pty Ltd (ACN 640 796 176) (collectively Ball Magnets, we or us). It describes what kind of personal information we might obtain from you, what is done with it, and what you can do about it. If you have any questions about this, you can contact our Privacy Officer using the details listed below:

Privacy Officer

Email: privacy@ballmagnets.com.au

Post:

  • Privacy Officer
  • Ball Magnets Pty Ltd
  • 35 Market Street
  • South Melbourne VIC 3205

 

  1. What Personal Information do we collect?

2.1 What is Personal Information?

The Australian Privacy Act 1988 (Cth) (Privacy Act) defines "personal information" as information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not; and
  2. whether the information or opinion is recorded in a material form or not.

Any time we use the term “personal information” in this policy, we are referring to this legal definition of the term.

In general terms, personal information is information or an opinion about someone who can reasonably be identified. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

2.2 What kinds of Personal Information are collected?

We need to collect different types of information about you in the course of carrying out our business operations and activities, including making the Ball Magnets App and our website available to our customers and users. The main way we collect personal about you is when you give it to us. However, we may also collect personal information about you indirectly from publicly available sources or from third parties.

We have given some examples of the personal information we may directly or indirectly collect about you below. We try to only collect the information we need for the particular function or activity that we are carrying out or service we are providing.

Information obtained from you directly:

We may collect some or all of the following information from you directly: 

  • your full name;
  • your email address;
  • your postal address;
  • your mobile number;
  • your gender;
  • your date of birth;
  • the team or club that you play for;
  • the names of any leagues/associations you are affiliated with;
  • the position or positions you play;
  • your favourite AFL/AFLW player;
  • the AFL/AFLW football club that you support;
  • your credit card or payment details (including through third party payment processors);
  • any other information collected as part of a job application; and
  • any other information collected for a new employee.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to feedback surveys or aggregated information about how the Ball Magnets App or our Website is used.

Sensitive information

Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection and includes health information. Ball Magnets only collects sensitive information where it is reasonably necessary to allow us to for our functions or activities and: 

  • you have consented to the collection of this sensitive information; or
  • we are required or authorised by or under law (including the Privacy Act) to do so.

The sensitive information we may collect about you includes:

  • your medical conditions or medical requirements; and / or
  • information about your mental wellness;
  • information about your physical characteristics (for example your height, weight, fitness level or goals and body measurements).

Provided you consent to the collection of your sensitive information, we will only use and disclose your sensitive information for the primary purpose for which it was provided, for example, to provide you with access and use of the Ball Magnets App and its content.

Other, indirect information we may collect about you:

The types of indirect personal information we may collect about you include:

  • details of products and services we have provided you and relevant correspondence;
  • details of your use of the Ball Magnets App; 
  • your fitness, training or exercise activity and data that is generated through your use of the Ball Magnets App including any activity data that may be generated by connected devices or activity trackers (such as a heart rate monitor or sports watch); 
  • details of your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour (including through cookies or tracking technologies);

2.3 How do we collect your Personal Information?

We collect your personal information:

  • when you interact with our Website or the Ball Magnets App (including during the user registration process);
  • when you purchase our products, merchandise or equipment (Products); 
  • as part of the normal running of our Website or the Ball Magnets App;
  • when we analyse your training preferences and usage of the Ball Magnets App;
  • when you agree to obtain any other services from us that we may offer from time to time; 
  • from our third-party providers (including any third-party payment processor or third parties that provide marketing or data analytics information or insights to us); 
  • during conversations between you and our representatives; 
  • through any written communications you have with us; 
  • when you apply for or attend a Ball Magnets event;
  • from job applications or during new employee onboarding; and / or
  • from your authorised representative (if you have one), parent or guardian.

 

  1. Why do we collect it?

3.1 Why we collect your personal information

We collect your personal information so that we can provide you our best services and so we can let you know what we can offer you. In particular, we may use your personal information to:

  • enable you to access and use the Ball Magnets App and our Website; 
  • enable you to purchase our Products; 
  • enable you to obtain other services we may offer you from time to time; 
  • facilitate purchase and delivery of our Products and services;
  • communicate with you;
  • offer you promotions on our Products and services;
  • maintain internal records for administrative purchases;
  • troubleshoot any issues with our services and improve them;
  • invite you to participate in marketing surveys or to allow you to provide your feedback or suggestions; and / or  
  • recommend our most relevant Products and services to you.

3.2 Advertising and marketing materials

From time to time, we, including in through our Ball Magnets App or Website, may have new features, Products or promotions that we want to share with you. If you are willing to receive them, we may send you messages or advertisements about these things via the Ball Magnets App, our Website, your email, SMS, phone or mail. We will send these communications in compliance with applicable marketing laws (including the Spam Act 2003 (Cth)).

You can choose to not receive these communications from us at any time and you may opt out by following the opt-out instructions that can be found in any of these communications or you can contact us at privacy@ballmagnets.com.au.

If you choose to opt out, please note that you will still receive communications from us which are necessary for facilitating your use of the Ball Magnets App or Website or for accessing or purchasing any of our other Products and services.  

 

  1. What do we do with your personal information?

4.1 How do we store your personal information and is it secure?

We are committed to ensuring that the personal information we collect is secure.

We will store your personal information with our cloud services provider (currently Microsoft Azure). By default, your personal information which is stored on Microsoft Azure servers is encrypted. See https://docs.microsoft.com/en-us/azure/security/ for more detail on security of the Microsoft Azure servers.

Access to any local copies or instances of your personal information that are held or stored at our premises, site or that are otherwise in our care will be restricted to our authorised personnel on a need to know basis only. We will take appropriate measures and use reasonable care to safeguard personal information held or stored at our premises or site from unauthorised access, misuse, interference, modification and disclosure. This includes monitoring internal staff access and putting in place suitable physical, electronic and managerial security procedures.

We cannot guarantee the security of any information that is transmitted to or by us over the internet, and we note that the transmission and exchange of information is carried out at your own risk. But we do take the security of your information seriously and will take measures to safeguard against unauthorised disclosures of information within our control.

4.2 Who do we share it with?

We may share personal information with:

  • our employees, contractors and/or related entities;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for Products or services we have provided to you;
  • legal authorities if required by law;
  • sponsors or promoters of any competition or promotional activity we run;
  • third party service providers to assist with providing our products and services, which may be parties that are located or store data outside of Australia (e.g. IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators); and 
  • third parties to collect and process data, such as Google Analytics (which may include parties located, or that store data, outside of Australia).

We will not sell your personal information to other people, and always aim to use your information to provide you with a suitable service. 

It is unlikely that we will disclose your personal information to overseas recipients except in the necessary scenarios described above.

Where we do disclose your personal information to third parties based overseas, we are required to take reasonable steps to ensure that the third party does not breach the Australian Privacy Principles (forming part of the Privacy Act) unless:

  • you have given us your consent to disclose personal information to that third party without ensuring their compliance with the Australian Privacy Principles; or
  • we believe that:
    • the overseas recipient is subject to a law or binding scheme that is, overall, substantially similar to the Australian Privacy Principles; and 
    • we can enforce the law or binding scheme; or
    • the disclosure is required or authorised by an Australian law or court/tribunal order.

You acknowledge that overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles. If any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

 

  1. Anonymity, accessing or changing your information

5.1 Anonymity

Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

5.2 Accessing or changing your information

You have the right to request access to the personal information which we have about you. You can access or change this personal information either via the relevant parts of the Ball Magnets App or Website, or by contacting our Privacy Officer. Before we provide you with access to your personal information, we may require you to verify or prove your identity. Additionally, if your request for your personal information requires substantial effort from us, we may need to charge you a reasonable amount for this. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

 

  1. Your choice

Ultimately, it is up to you whether you want to share your personal information with us or not. In order for us to provide you our Products and services, we will need certain information, and you will not be able to access or purchase our Products and services without providing that information.

 

  1. Cookies

A cookie is a small text file that is stored on your device when you visit websites. It represents information to the website that assists with providing you a better browsing experience. Cookies provide information in relation to your browsing behaviour, but generally will not identify you.

We use cookies on the Website to help us give you a more tailored experience and remember your preferences.

You can manage the cookies by using your browser if you feel uncomfortable about them. However, please note that removing or blocking the cookies can affect your browsing experience and the Website’s functionality.

 

  1. Links

Our Website or the Ball Magnets App may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party provider or website and we are not responsible for the privacy policies or the content of any third party provider or website. Third party providers / websites are responsible for informing you about their own privacy practices.

 

  1. Who can you complain to?

If you have any concerns about this Privacy Policy or how we have treated your personal information you can contact our Privacy Officer – we have listed their contact details below:

 

Privacy Officer

Email: privacy@ballmagnets.com.au

Post:

  • Privacy Officer
  • Ball Magnets Pty Ltd
  • 35 Market Street
  • South Melbourne VIC 3205

You are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC).  Contact details can be found at the OAIC’s website:  www.oaic.gov.au

  1. Updates to the Privacy Policy

Ball Magnets may periodically change or update this privacy policy from time to time. Updated versions of this privacy policy will be posted on our Website. Please ensure that you review our Website regularly to be advised of updates.

 

 

HELP & SUPPORT

What should I do if I'm having any technical difficulties with the Ball Magnets App?

Please contact support@ballmagnets.com.au with your user details and we will respond to you as soon as possible.

How can we train with the players?

Each week two sessions will be released. A footy skills session and a fitness session. You can train with us by replicating what we do. We will show you the tricks of the trade to become a Ball Magnet.

Please tell me more details about the App and what it involves?

The app is your training companion. We will provide you with one footy skills session per week and one fitness session per week to do on top of your regular team football training. This is what it takes to get the edge and is how elite AFL footballers train. We recommend you do the drills in pairs or a small group so that you can do them any time, anywhere with a parent, sibling or with friends.

What are your subscription packages?

We no longer charge a subscription. If you are still paying a fee to Ball Magnets please cancel your subscription immediately and you will continue to have access to the Ball Magnets App.

Are the training sessions suitable for all ages and abilities?

No matter how old you are or how much you love footy this App will help anyone improve their game. For those who love just having a kick with friends then you can use the App to try new drills and challenges. But if you take the game as seriously as our Ball Magnets then you'll be able to learn elite skills and techniques - along with strength and conditioning programs that will give you the edge.

Is the App a substitute for footy training?

The content of the App has been designed to complement your club footy training sessions. Each week 2 new sessions will be dropped on the App to help you improve and build on your skills and fitness, plus exclusive insights from the Ball Magnets about game craft. You might even be able to teach your team mates a few tips and tricks!