Terms of Service

Welcome to Ballers Platform! These Terms and Conditions apply to your use of the Ballers Platform provided by VIPBALLERS PTY LTD ACN 687 531 933 ("we", "our" or "us"). These Terms are intended to help you understand your responsibilities when using the Ballers Platform as an athlete (or Baller, as we like to say!) and to make sure you use it in a manner that is appropriate, acceptable and in accordance with the law.

Definitions
- Baller means a user who is an athlete and has registered an athlete Account to create a Baller Profile.
- Ballers Platform means www.vipballers.com.
- Baller Profile means the profile created by a Baller on the Ballers Platform, to which Fans can subscribe, and the Baller can post Content.
- Earnings means 80% of the Fees, or as otherwise agreed between the parties, less any applicable payment processing fees.
- Fan means a user who has registered a fan account on the Ballers Platform.
- Fan Terms means our terms on the Ballers Platform that apply to Fans.
- Fees means all fees for Subscription Fees, Premium Purchases and Tips.
- Intellectual Property Rights means all present and future rights, whether registered or unregistered or recorded or unrecorded, in or in relation to any copyright; design, patent, trademark, semiconductor, or circuit layout rights (whether or not continued, registered, abandoned or withdrawn); trade, business, company or domain name; and know-how, inventions, processes, confidential information (whether in writing or recorded in any form), database rights or software, and any other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields.
- Laws means all applicable laws, including laws in the country you reside, and Australian laws, including Privacy Laws.
- Personal Information has the meaning given to it in the Privacy Act.
- Policies means all policies, guidelines, and information about using the Ballers Platform on the Ballers Platform, including the Privacy Policy and the Safe Content Principles.
- Premium Purchases means any products, services, one-off content, features, or other benefits offered by a Baller outside of any Subscription Fees and made available on a Baller's Profile for Fans to purchase, as set by a Baller.
- Privacy Act means the Privacy Act 1988 (Cth).
- Privacy Laws means any and all applicable Australian State and Commonwealth laws and international laws, regulations, principles, policies and industry codes in relation to data and privacy protection, including but is not limited to the Privacy Act, the Australian Privacy Principles and the European General Data Protection Regulation 2016/679.
- Privacy Policy means our privacy policy available on the Ballers Platform (as amended by us from time to time).
- Safe Content Principles means the Safe Content Principles published by us on the Ballers Platform (as updated from time to time).
- Subscription means a Fan's subscription to a Baller's Profile.
- Subscription Fees means the fees set by the Baller to subscribe to the Baller's Profile.
Engagement
- 2.1 These Terms and Conditions and our Policies must be read together as they form your contractual agreement with us and govern your access to and use of the Ballers Platform (together, the Terms).
- 2.2 By accessing or using the Ballers Platform, you represent that you understand, and agree to be bound by, these Terms as amended from time to time. If you do not agree with our Terms, you must stop using Ballers Platform immediately.
- 2.3 You acknowledge and agree that these Terms govern your use of the Ballers Platform and do not extend to your interactions with your Fans, and we are not a party to the agreement or relationship between you and your Fans.
- 2.4 Please contact us at [email protected] if you have any questions.
Your Account
- 3.1 To register an account with the Ballers Platform as a Baller (Account), you must be an athlete and follow the instructions on the Ballers Platform by providing all information requested, including name, username, and password.
- 3.2 To register for a Baller Account, you must also:
  1. provide details of a bank account to receive your Earnings;
  2. your tax file number or tax payer identification number or equivalent in your country of residence; and
  3. any additional information requested by us, which may vary depending on your country of residence or nationality.
- 3.3 We reserve the sole and absolute right to accept or deny any request by you to create an Account.
- 3.4 As a Baller, you can create a Baller Profile to engage with Fans through multiple forms, including direct messaging, 1:1 video streaming, group video streaming – live and recorded, access to exclusive personal signed merchandise, and exclusive coaching / tutorial live and recorded programs (Content) to receive your Earnings.
- 3.5 You are legally responsible for all Content you upload and any activities that occur on or in relation to your Account, including any authorised use or misuse of your Account, by you or any other person.
- 3.6 As a condition of you creating your Account, you agree not to organise, promote or facilitate any in-person meet-ups, gatherings, or events with Fans via the Ballers Platform.
Your Content
- 4.1You represent and warrant that:
  1. you will comply with our Safe Content Principles and you will not do anything on the Ballers Platform that is unlawful, prohibited, inappropriate, or may be abusive or defamatory to us or any Fans;
  2. you will not impose on the Ballers Platform any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation;
  3. you are solely responsible for your Content, and you acknowledge that we are not responsible for, and do not endorse any of your Content, nor do we have the obligation to pre-screen or monitor your Content;
  4. your Content is not confidential and you authorise all Fans to view your Baller Profile and your Content for their own lawful and personal use, and any other terms you agree with Fans;
  5. you own your Content (and all Intellectual Property Rights in it) or hold all rights necessary, including licenses, to post and monetise your Content on the Ballers Platform, and subsequent use of your Content by us;
  6. if your Content includes or uses any third-party material, or features someone other than you, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use of your Content on the Ballers Platform by us. You must provide written evidence of demonstrating ownership and your rights under this clause at Ballers' request;
  7. you grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your Content for the purposes of us providing the Ballers Platform, responding to any Fan complaints or messages, and improving the functionality of our services;
  8. your Content is:
    - (i) of satisfactory quality, taking account of any description of your Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of your Content on your Baller Profile or in any advertising;
    - (ii) reasonably suitable for any purpose which the Fan has made known to you; and
    - (iii) as described by you.
  9. you will cooperate with any investigations by us relating to outages, security problems, unauthorised use of the Ballers Platform or suspected breaches of the Terms or applicable Laws; and
  10. you will comply with the Terms, and all applicable Laws in connection with your Content and your use of the Ballers Platform.
- 4.2 We reserve the right, but have no obligation, to pre-screen, moderate, monitor or re-use your Content as set out in these Terms.
- 4.3 We reserve the right to remove any of your Content for any reason without prior notice.
- 4.4 You must report any offensive or inappropriate Content by emailing us at [email protected].
Premium Purchases and Tips
- 5.1 As a Baller, you may offer Premium Purchases to your Fans.
- 5.2 Premium Purchase fees, and any terms of sale, are set by you in your sole discretion.
- 5.3 Premium Purchase payments are processed through the Ballers Platform, but you are solely responsible for the delivery (including shipping) in connection with a Premium Purchase.
- 5.4 We are not responsible for any applicable importation charges, shipping fees, taxes and duties in respect of a Premium Purchase.
- 5.5 All Premium Purchases must be listed on your Baller Profile, with a clear description of the Premium Purchase, and any applicable terms and conditions between you and a Fan. Failure to list a Premium Purchase with adequate detail may result in Ballers removing the Premium Purchase from your Baller's Profile or deleting your Account.
- 5.6 If you enable the tipping feature on your Baller Profile, your Fans may elect to provide monetary tips at a value determined by the Fan (Tips) to be paid to you as part of your Earnings.
- 5.7 By enabling Tips from your Fans, you agree that:
  1. all Tips are provided voluntarily by your Fans and at their discretion, but you are under no obligation to provide any additional Content, services or benefits beyond what is provided under the Fans Subscription;
  2. all Tips are processed through third party payment providers, and we are not responsible for any issues arising from the processing of Tips, including delays, errors or failed transactions; and
  3. your Tips form part of the Fees and will be paid to you as Earnings.
Your Fans
- 6.1 All of your interactions with your Fans on the Ballers Platform are governed by the terms set by you for your Fans (Fan Contract).
- 6.2 We may moderate your Content and facilitate interactions between you and your Fans, but we are not a party to the Fan Contract, and you are solely responsible for your interactions with your Fans.
- 6.3 We are not liable or responsible for your Fans use of any your Content or Premium Purchases.
- 6.4 You agree to acknowledge and resolve all Fan disputes or complaints in relation to your Baller Profile, including your Content and Premium Purchases, in good faith and in a timely manner.
- 6.5 If we receive a complaint from a Fan in relation to your conduct that is in violation of our Terms, we may delete any of your Content or Premium Purchase, withhold your Earnings, or delete your Account.
- 6.6 If you reasonably believe that a Fan is not complying with the Fan Terms, is acting unlawfully, or makes you feel unsafe in any way, you may restrict or block a Fan's access to your Content and report the conduct to us in accordance with clause 4.4.
- 6.7 Fans who have been restricted or blocked may submit an appeal by emailing us at [email protected], and we will review all appeals in a timely manner and may consult with you as part of the review process.
- 6.8Our decision regarding the appeal shall be final.
Fees and Payment
- 7.1 You are free to set your own Subscription Fees and any Premium Purchases.
- 7.2 All prices appear, and are charged in, United States dollars.
- 7.3 All Fees will be received and processed by a third party payment provider.
- 7.4 You can increase your Fees at any time by providing written notice to your Fans (Fee Adjustment). All Fee Adjustments for a Subscription will be effective from the Fan's next billing cycle of their Subscription (if they have a Subscription that automatically renews). Any Fee Adjustments for Premium Purchases will apply to future purchases only.
- 7.5 If there has been no dispute or refund request in relation to the Fees within 7 days from our receipt of the Fees (Processing Hold), your Earnings will be available for withdrawal on your Account.
- 7.6 Once your Earnings are available for withdrawal, you may request to withdraw your Earnings at any time.
- 7.7 If a Fan successfully seeks a refund after the Processing Hold, we may deduct an amount equal to that refund from your Earnings.
- 7.8 You are responsible for paying any tax on your Earnings, as applicable to your jurisdiction.
Advertising and Promotion
- 8.1 By creating a Ballers Account, you grant us permission and licence to use your name, image, biographical information or other identifying materials as captured in any content provided by you to us including photographs, audio, film and video recordings (collectively, "Image") for the purpose of promoting the Ballers Platform, including featuring your image and name on the Ballers Platform as one of our athletes.
- 8.2 Upon our request, you must provide written evidence of your ownership and rights to your Image and your Content.
- 8.3 You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, distribute, adapt, display, communicate and exploit your Content for the purpose of promoting, marketing and advertising the Baller Platform and our services.
- 8.4 You warrant that our use of your Image or Content will not infringe on any third party right, including, but not limited to, sponsorship rights.
- 8.5 If you have any concerns or questions in regards to our use of your Image, please contact us at [email protected].
- 8.6 We may require you to sign a separate legal release or agreement as determined by us to use your Image or Content in our advertising and promotional material or for other purposes.
Limitation of Liability and Warranty
- 9.1 You acknowledge and agree that we will not be liable for any loss you claim to have suffered because of any action taken by us in accordance with these Terms to suspend, terminate, or delete your Account, your Baller Profile, your Content, or Premium Purchases.
- 9.2 To the maximum extent permitted by law, we shall not be liable:
  1. for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, suffered or incurred by you or any third party in connection with your use of the Ballers Platform;
  2. if anything on your Baller Profile is reposted, copied, modified, edited or otherwise used by your Fans or any other person.
- 9.3 To the extent that our liability cannot be limited by law, our total liability to you in connection with the Terms and your use of the Ballers Platform is limited to an amount equal to the Fees received, less Earnings, in the 12 months (or part thereof) immediately preceding the date on which the first relevant right of action accrued.
- 9.4 Everything on the Ballers Platform is provided to users "as is" and "as available". We do not warrant or represent that:
  1. our Ballers Platform or services will meet your requirements or expectations;
  2. the accuracy of the contents, captioning, keywording, heading, or any other information, representation or thing depicted on or associated with the Ballers Platform;
  3. that the Ballers Platform or any of our services will remain available, uninterrupted, timely, or error free; or
  4. that any errors or defects on the Ballers Platform or our services will be corrected.
- 9.5 You use and act on our Ballers Platform at your own risk, and we are not responsible for any loss or damage you may suffer as a result of your interactions with Fans.
Indemnity
- 10.1 You agree to indemnify and hold harmless us, and our respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees (including costs of defence of claims, suits, or proceedings brought by third parties), in any way related to:
  1. your access to or use of the Ballers Platform and our services;
  2. your Account; or
  3. your breach of any of these Terms.
- 10.2 This indemnity is a continuing obligation and survives termination or expiry of the Terms.
Termination
- 11.1Termination by you
  1. You can delete your Account at any time in the Account section of your Account on the Ballers Platform.
  2. If you delete your Account:
    - (i) no new Fans will be able to subscribe to your Account;
    - (ii) your Account will remain live until the last Subscription has expired; and
    - (iii) you will have access to your Earnings for 28 days after your last Fan's Subscription has expired, after which your Account will be terminated.
- 11.2Termination by us
  1. We may terminate or suspend your Account, or withhold any part of your Earnings without warning if:
    - (i) we reasonably believe that you have or will likely violate our Terms or any applicable Laws;
    - (ii) we reasonably believe that the Earnings have resulted from unlawful, fraudulent or inappropriate activity; or
    - (iii) such action is otherwise required by law or an order of a court or relevant authority, without incurring any liability in respect of that termination or suspension.
  2. We are not responsible for any liability you may suffer arising from or in connection with our rights under this clause.
- 11.3 On termination of your Account for any reason:
  1. we may deal with your Content and any Personal Information you have provided in accordance with our Privacy Policy; and
  2. you will not be able to access your Account or your Content.
- 11.4We may use any part of your Earnings to set off any loss or damage we suffer or incur as a result of your breach of these Terms.
Privacy and security
- 12.1 You must comply with our Privacy Policy and all Privacy Laws including without limitation, by obtaining all required consents and making all the required disclosures and notifications to ensure that you have the right to use, collect, provide and disclose to us any Personal Information contained in your Content.
- 12.2 We will handle your Personal Information in accordance with its Privacy Policy and all Privacy Laws. By creating an Account, you acknowledge and agree that you have read and understood our Privacy Policy and consent to us handling your Personal Information in accordance with our Privacy Policy and all Privacy Laws.
- 12.3 While we implement reasonable security measures on the Ballers Platform to help protect your Account against security breaches, you acknowledge and agree that we cannot guarantee that your use of the Ballers Platform will be totally secure or that our services will be free from viruses, malware or other harmful components.
Changes to the terms
- 13.1 We will notify you if we make changes to these Terms, and the most current version will always be posted on the Ballers Platform.
- 13.2 By continuing to access or use the Ballers Platform after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must delete your Account and stop using the Ballers Platform.
Jurisdiction
- 14.1 These Terms are governed by the laws of Victoria, Australia and any dispute relating to these Terms shall be determined by exclusive jurisdiction of the courts of Victoria.
- 14.2 If you access the Ballers Platform outside of Australia, we do not represent that the Ballers Platform complies with the laws of the country in which you reside.