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:
- limit the quantities or sales of any Product that we offer (including on a per person basis, by geographic region or by jurisdiction); and
- 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.