Membership Terms & Conditions

Introduction

By agreeing to these Terms, you are entering into a legally binding agreement with Billion Ballers Pty Ltd (ACN 658 712 835), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Billion Ballers or we or us).

Capitalised terms not defined in these Membership Terms are defined in our Website Terms and Conditions and apply to these Membership Terms.

You agree to comply with all Terms that are linked to or in the Websites, including our Privacy Policy, when accessing or using our Services.

Subscription

You may purchase a subscription with Billion Ballers on a month-to-month basis (Subscription Period) by selecting the tier of membership (Membership Tier) and paying the purchase price at checkout (Membership). The Membership packages available and may be amended from time to time on our Packages page. Similarly, we may, from time to time, offer the ability for you to purchase access to our discount portal (Discount Portal). Access to the Discount Portal will work in a similar manner to the purchase of a Membership for the Subscription Period. This clause 2 applies if you have purchased a Membership or access to the Discount Portal (Subscription).

To access and use the Subscription, you will need to register for an account with Billion Ballers by completing your details here.
The fees for your Subscription will be as selected by you, depending on the Membership Tier at checkout, and once purchased the fees will be as specified on your Account Dashboard, plus any applicable taxes or duties (Fees).

Your Subscription will commence once you have paid the Fees and continue for the Subscription Period, subject to you paying the Fees for your relevant Membership Tier.

Each Membership Tier or Subscription provides you with access to specific inclusions as set out on the Packages page. If you reach the limit of such inclusions, you will be prompted to upgrade your Membership Tier in order to obtain additional inclusions. If you select to upgrade your Membership Tier, you agree to the new Fees and inclusions notified to you at the time of such upgrade.

You agree that you are solely responsible for maintaining the confidentiality of your account details and credentials, including your password.

Payment

Upon purchase of any Subscriptions, you authorise Billion Ballers and our relevant payment processors to obtain payment from you for the Subscriptions as and when our fees become due (including, without limitation, ongoing subscription fees plus relevant taxes and duties) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy.

From time to time, Billion Ballers may offer various payment methods, including without limitation, payment by credit card, debit card, mobile payment providers or payment gateway websites such as Stripe. When you select to pay Billion Ballers for a Subscription, you authorise Billion Ballers to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Subscription.

You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.

Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Subscriptions reaffirms that we are authorised to charge your Payment Method.

If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and charge interest of 10% p.a. on unpaid amounts.

Pricing

Billion Ballers reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Subscriptions are subject to change in our sole discretion provided that if you have signed up to a Subscription, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.

If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Subscription at the price prior to the price increase for a period of 10 days following which you may terminate the Subscription with immediate effect (provided notice is received within the 10 days’ notice of the price increase) or continue the Subscription at the increased price.

Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services.

Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

Cancellation

You may cancel your Subscription at any time, at least 30 days prior to the end of your billing period, on the Account Settings page.

If you cancel your Subscription, your Subscription benefits will continue until the end of your then current subscription term, but your Subscription will not be renewed after that term expires. Except in accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your subscription without cause, you will not be entitled to a prorated refund of any portion of the Subscription fees paid for the then current subscription term.

Billion Ballers provides remedies (such as cancellation of your Subscription, renewal of your Subscription or where necessary, a refund of amounts paid) if the Subscriptions are not provided in accordance with the Australian Consumer Law.

Automatic Renewal of Subscriptions

If you have purchased a Subscription and you do not cancel your Subscription prior to the end of the Subscription term, your Subscription will be automatically renewed at the end of each term for a further term of the same duration as the expiring Subscription term for our then-current subscription fee.

You acknowledge and agree that your payment method will be automatically charged for such Subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees and you do not subsequently cancel your subscription.

Discounts

By purchasing a Subscription, you will receive access to discounts, promotions and offers (Offers) from third party service providers (Service Providers). For the avoidance of doubt, we are merely a platform to provide you with access to the Offers.
You acknowledge and agree that the Offers are subject to their own terms and conditions as set out with the Offers or by the Service Provider.

You agree that, to the maximum extent permitted by law:

– we are not liable for any information published or provided by any Service Providers;
– we do not endorse any of the Service Providers or their goods/services;
the Service Provider is solely liable and responsible for the Offers, the redemption of Offers, the operation and the provision of its goods/services;
– you will direct any issues relating to the Offers to the Service Provider directly;
– we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including Service Providers;
– we are not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Service Provider including as a result of obtaining their goods/services, redeeming an Offer; and
– we are not an agent for any Service Provider and have no responsibility or liability for the communications or conduct of such Service Provider, including but not limited to any fulfilment of an Offer or quality of the goods or services provided by a Service Provider.

We reserve the right to deactivate, cancel or remove any Offer, at any time and for any reason with written notice to you.
You agree that the Service Provider may, in its sole discretion, reject the redemption of an Offer if your redemption of such Offer breaches the Offer’s terms and conditions or other policies set by the Service Provider.

Offers cannot be transferred or redeemed for cash and are not legal tender.

Trade Promotions

If you make a purchase with us, whether it be a purchase of a Good or a Subscription, you may receive entries into a trade promotion conducted by us. You acknowledge and agree that the relevant trade promotion is subject to its own terms and conditions and agree to comply with such terms and conditions.

We reserve the right to modify, suspend or terminate any trade promotions in our sole discretion.

You acknowledge and agree:

– that any and all disputes, claims and causes of action arising out of or in connection with your Subscription, any competition, contest, giveaway or trade promotion managed or operated by us (Competition) and any Goods must be resolved individually without any form of class action;
– that in addition to the limitation of liability in clause 8, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering into any Competitions, and under no circumstances will Billion Ballers be liable for any legal fees;
to waive all potential rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering into or participating in any Competitions; and
– in the event any Competitions are compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Billion Ballers, that corrupt or impair the administration, security, fairness or proper operation of any contests or competitions associated with the Subscription, Billion Ballers reserves the right to suspend, modify or terminate your Subscription and/or your entry into such Competition.

This clause survives termination of these Terms.

– Your information, errors and access
– Current Information Required
– You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
– Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Billion Ballers as soon as you become aware of the issue. Failure to provide such information to Billion Ballers may result in charges to your current Payment Method for the Subscriptions, and you – acknowledge that you remain responsible for these charges.

Errors and Incorrect Payments

Billion Ballers reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including Subscriptions, and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.

Termination or suspension of your access or use of the Services

You agree that Billion Ballers may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of the Services, including but not limited to blocking your IP address or email, blocking, deactivating or deleting your Billion Ballers account and terminating your licence to use Billion Ballers IP, if you breach or become in breach of any of these Membership Terms. If such breach occurs, Billion Ballers shall be released from its obligations to you under these Membership Terms and shall not be liable to refund to you any pre-paid Subscription fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Billion Ballers account without prior written consent of Billion Ballers.

You agree that Billion Ballers may, in its sole discretion, immediately and with 5 days’ notice to you, terminate, limit your access to or suspend your access or use of the Services for any reason. Billion Ballers may, at its election:

– continue to provide your Subscription benefits until the end of your then current subscription term, cease providing the Subscriptions after that term expires; or
– immediately cease providing the Services or Subscription benefits and provide a prorated refund of any portion of the Subscription fees paid for the then current subscription term.

Prices and payment

We reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.

Prices

Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.

Prices of the Subscription, as well as any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

Payment

Full payment for the purchase of the Subscription is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.

Payment may be made by the methods and to the accounts specified or approved by Billion Ballers in writing.

You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

Termination

Without prejudice to any other remedies, Billion Ballers may:

– cancel all or any part of any order or suspend or terminate the supply of the Subscription to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Membership Terms; or
– terminate these Membership Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.
If we cancel your Subscription and you are not in breach of these Membership Terms, we will issue you with a pro-rated refund of the purchase price of any part of Subscription paid for but not supplied. To the maximum extent permitted by law, Billion Ballers will not be liable to you for any further loss or damage you suffer because Billion Ballers has exercised its rights under this clause or these Membership Terms.

Limitation of Liability

To the maximum extent permitted by law, neither Billion Ballers, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

– any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
– any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
– any errors in, or omissions from, the information contained in the Services;
– any trade promotion or competition operated by Billion Ballers and any associated prizes;
– any Offer;
– any errors, inaccuracies or incorrect details on any Offer;
– any act, omission, conduct or goods or services supplied by a Service Provider; and
– these Membership Terms or any breach of these Membership Terms.

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

To the extent permitted by law, Billion Ballers expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Membership Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.

This clause survives termination of these Membership Terms.

Release and Indemnity

You agree to release and indemnify and hold Billion Ballers and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Billion Ballers, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

This clause survives termination of these Membership Terms.

– Amendments and correction of errors
– Billion Ballers reserves the right to amend these Membership Terms from time to time as it sees fit. Any amendments or changes to these Membership Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.
– Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Membership Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Membership Terms by checking this page, which contains our most accurate and up to date version of our Membership Terms.

Billion Ballers reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.

General

Waiver: Any failure or delay by Billion Ballers in exercising a power or right (either wholly or partially) in relation to these Membership Terms does not operate as a waiver or prevent Billion Ballers from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Membership Terms.

Force majeure: If we are unable to perform in whole or in part, any obligation under these Membership Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Billion Ballers will not be held liable for any delay or failure in performance of any part of the Services or Subscriptions.

Severability: If any part of these Membership Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Membership Terms. Such invalidity does not affect the validity of the remaining provisions of these Membership Terms. This clause survives termination of these Membership Terms.

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

Entire agreement: These Membership Terms (and all other terms and conditions and policies that are incorporated by these Membership Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Membership Terms and any additional Terms, the Membership Terms will prevail. This clause survives termination of these Membership Terms.

Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, 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 are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Membership Terms.