Terms & Conditions
1. Acceptance of these terms
These Terms and Conditions ("Terms") govern your access to and use of the BallerLink mobile application, website and related services (together, the "Platform"), operated by BallerLink Pty Ltd (ABN: 87 194 174 901) ("BallerLink", "we", "us" or "our").
By creating an account, browsing the Platform, joining or hosting a Match, purchasing a Membership, or otherwise using any part of the Platform, you agree to be bound by these Terms and by our Privacy Notice, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Platform.
If you are using the Platform on behalf of a club, business or other organisation, you confirm that you have authority to bind that organisation to these Terms.
2. Definitions and Interpretation
2.1 Definitions
In these Terms, unless the context otherwise requires:
"Account" means an account registered by a User through the Platform for the purpose of accessing or using the Services.
"Administrator" means BallerLink or any employee, contractor, agent, representative or other person authorised by BallerLink to administer, manage, moderate or supervise any aspect of the Platform, Services, BallerLink Rated or a Rated Match.
"Applicable Law" means any applicable legislation, statute, regulation, rule, code, ordinance, subordinate legislation, common law, equitable principle, judgment, order, direction or requirement of a government, court, regulator or other competent authority applicable to BallerLink, a User, the Platform or the Services.
"App" means the BallerLink mobile application, including any version, update, upgrade, replacement or successor application made available by or on behalf of BallerLink.
"Australian Consumer Law" or "ACL" means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.
"Auto-Payment Authorisation" means the authorisation provided by a User under clause 10 for BallerLink and its Payment Processor to automatically charge the User's nominated Payment Method for applicable Fees, including Membership Fees, Match Fees and any applicable cancellation or No-Show fees.
"BallerLink", "we", "us" or "our" means BallerLink Pty Ltd (ABN 87 194 174 901).
"BallerLink Associates" means BallerLink's directors, officers, employees, contractors, agents and authorised representatives.
"BallerLink Content" means all content owned by, licensed to or made available by BallerLink through the Platform, including text, graphics, logos, icons, photographs, videos, audio, designs, interfaces, software, source and object code, databases, statistics, ratings, rankings, data compilations, trade marks, branding and other materials, but excluding User Content.
"BallerLink Personnel" means any director, officer, employee, contractor, agent, Administrator or authorised representative of BallerLink.
"BallerLink Rated" means the premium competitive feature or service operated by BallerLink through which Users may participate in Rated Matches and receive or view performance statistics, Ratings, rankings, awards and other related information.
"Booking" means a confirmed reservation, registration or place held by a User in relation to a Match, Rated Match or other Service following acceptance or confirmation of a Booking Order.
"Booking Order" means a request submitted through the Platform to join, host, reserve a place in or otherwise participate in a Match or Rated Match.
"Cancellation" means the cancellation, withdrawal or termination of a Match, Rated Match, Booking or Booking Order, whether initiated by BallerLink, a Host, Facility Partner or User.
"Cancellation Policy" means any cancellation, refund, credit, No-Show or related policy adopted or displayed by BallerLink from time to time in connection with Matches, Rated Matches, Bookings or Services.
"Club" means any football club, team, association, group, organisation or other football-related community that accesses, uses or is represented on the Platform.
"Clubhouse" means the community and social functionality available through the Platform, including any functionality allowing Users to communicate, post Content, interact with other Users, participate in communities or otherwise engage socially through the Platform.
"Content" means any text, photograph, image, graphic, video, audio, recording, message, comment, post, review, rating, data, information, material or other content made available on or through the Platform, including BallerLink Content and User Content.
"Consumer Guarantee" means any consumer guarantee, warranty, condition, right or remedy conferred on a consumer by the Australian Consumer Law or another Applicable Law that cannot lawfully be excluded, restricted or modified by agreement.
"Data" means any information or data collected, created, generated, submitted, uploaded, transmitted, stored, analysed, processed or otherwise handled in connection with the Platform or Services.
"Device" means any mobile phone, computer, tablet or other electronic device used to access or use the Platform.
"Facility" or "Venue" means any football pitch, field, court, stadium, sporting facility, recreation centre, indoor or outdoor playing area, building, premises or other physical location at which a Match, Rated Match or other activity connected with the Services takes place.
"Facility Partner" means any third party that owns, operates, leases, licenses, supplies, manages or otherwise controls a Facility or Venue at which a Match or Rated Match takes place, whether or not that person or entity is formally listed, represented or described as a partner of BallerLink.
"Fee" or "Fees" means any amount payable in connection with use of the Platform or Services, including a Match Fee, Membership Fee, Platform Fee, cancellation fee, No-Show fee or other applicable charge.
"Force Majeure Event" means an event or circumstance beyond the reasonable control of the affected party, including an act of God, severe or extreme weather, natural disaster, fire, flood, power failure, computer or telecommunications system malfunction, government action, terrorism, war, civil unrest, industrial action, epidemic, pandemic or other event described in clause 29.
"Host" means a User who creates, lists, organises or manages a Match through the Platform, but does not include BallerLink solely because BallerLink provides the Platform through which that Match is listed or discovered.
"Intellectual Property Rights" means all present and future intellectual and industrial property rights anywhere in the world, whether registered or unregistered, including copyright, trade marks, service marks, business names, domain names, designs, patents, inventions, trade secrets, confidential information, know-how, database rights and all other proprietary rights, together with any application, registration, renewal, extension or right to enforce any such right.
"Likeness" means a User's name, image, appearance, likeness, voice, photograph, video image or other identifiable representation captured in connection with a Match, Rated Match or use of the Services.
"Listing" or "Match Listing" means information displayed through the Platform relating to a Match or Rated Match, including its location, Venue, date, time, format, skill level, price, player capacity, Host and any other relevant details.
"Loss" means any loss, damage, liability, claim, action, proceeding, judgment, settlement, penalty, fine, cost, charge or expense, including reasonable legal costs, whether direct or indirect and whether arising in contract, tort (including negligence), statute, equity or otherwise.
"Match" means any casual, social, recreational or competitive game of football arranged, created, listed, hosted, discovered, facilitated or joined through the Platform, including a Rated Match where the context permits.
"Match Entry Fee" or "Match Fee" means any Fee payable by a User in connection with joining, booking or participating in a Match or Rated Match.
"Match Participant" or "Player" means a User who registers for, books, joins, attends or participates in a Match or Rated Match.
"Match Statistics" or "Performance Data" means statistics, measurements, observations, records, scores, rankings, assessments or other data relating to a Player's participation or performance in a Match or Rated Match, including information generated from or with the assistance of Match Footage.
"Match Footage" means any photograph, video, audio, audiovisual recording or other recording captured at or in connection with a Match or Rated Match, whether captured by BallerLink, a Host, Facility Partner, service provider or recording equipment used in connection with the Services.
"Membership" means a paid subscription to the Platform offered by BallerLink under clause 9, which may provide access to Matches, Rated Matches, Clubhouse functionality, premium features or other benefits determined by BallerLink from time to time.
"Membership Fee" means any recurring or other Fee payable by a User for a Membership.
"Minor" means a User who is under 18 years of age.
"No-Show" means a User's failure to attend a Match or Rated Match for which that User has a confirmed Booking without providing the notice required under clause 11 or any applicable Cancellation Policy.
"Parent or Guardian" means the parent, legal guardian or other person legally authorised to provide consent on behalf of a Minor.
"Payment Information" means information relating to a User's Payment Method or transactions conducted through the Platform, including payment status and transaction information, but does not include full payment card details where those details are held directly by the Payment Processor.
"Payment Method" means a credit card, debit card, digital payment method or other payment facility nominated or authorised by a User for payments made in connection with the Platform or Services.
"Payment Processor" means Stripe, or any replacement or additional third-party payment processing provider appointed by BallerLink from time to time to process or facilitate payments in connection with the Platform or Services.
"Personal Information" has the meaning given to that term under the Privacy Act 1988 (Cth), as amended or replaced from time to time.
"Platform" means collectively the App, Website and any related digital service, interface, system or technology operated or made available by BallerLink through which Users may access or use the Services.
"Platform Fee" means any fee, commission, transaction charge, service charge or other amount charged by BallerLink in connection with providing or facilitating the Platform or Services.
"Privacy Notice" means BallerLink's privacy notice or privacy policy, as amended from time to time, governing BallerLink's collection, use, storage, processing and disclosure of Personal Information.
"Profile" means the personal profile associated with a User's Account, including any name, profile image, information, statistics, Ratings, Match history or other information displayed or associated with that User through the Platform.
"Prohibited Conduct" means any conduct prohibited under these Terms, including conduct prohibited under clauses 14, 15 and 19.
"Rated Match" means an Administrator-run competitive Match forming part of BallerLink Rated, as further described in clause 13.
"Rating" means any score, rating, ranking, grade, classification, award, assessment or other measure generated, calculated, assigned or displayed by BallerLink in connection with BallerLink Rated or a Rated Match.
"Refund" means a refund, repayment, reimbursement, reversal, credit or other return of all or part of an amount previously paid in connection with the Platform or Services.
"Report" means a report submitted to BallerLink concerning suspected abuse, harassment, inappropriate Content, a fake Account, Prohibited Conduct or another suspected breach of these Terms.
"Services" means all features, functionality, products and services made available by or through BallerLink and the Platform, including match discovery, Match creation and hosting, Match participation, Bookings, payment facilitation, Memberships, Clubhouse, messaging, friend requests, Profiles, BallerLink Rated, Ratings, Match Statistics and any additional or replacement functionality introduced by BallerLink from time to time.
"Stripe" means the third-party payment processing provider used by BallerLink from time to time to facilitate payments through the Platform.
"Terms" means these BallerLink Terms & Conditions, together with any policies, notices, rules or other documents expressly incorporated into them by reference, as amended from time to time.
"Third Party" means any person or entity other than BallerLink and the relevant User.
"Third-Party Service" means any website, application, payment service, mapping service, software, platform, technology, Facility or other product or service operated or supplied by a Third Party that is linked to, integrated with, accessible through or used in connection with the Platform or Services.
"User", "you" or "your" means any person who accesses, browses, registers for or uses the Platform or Services, including a Player, Host, spectator, Club representative or other participant.
"User Content" means any Content submitted, uploaded, posted, transmitted, communicated, displayed, published or otherwise made available by a User through or in connection with the Platform, including Profile information, photographs, videos, posts, comments, messages, reviews and Match-related information.
"Website" means any website operated or controlled by or on behalf of BallerLink through which information about, or access to, the Platform or Services is provided.
2.2 Interpretation
In these Terms, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) words importing one gender include every gender;
(c) a reference to a person includes an individual, company, corporation, partnership, association, trust, government authority, organisation or other legal entity;
(d) a reference to a party includes that party's successors and permitted assigns;
(e) a reference to a clause is a reference to a clause of these Terms;
(f) a reference to a document, policy or these Terms includes that document, policy or these Terms as amended, supplemented, replaced or updated from time to time;
(g) a reference to legislation or a provision of legislation includes any amendment, modification, consolidation, re-enactment or replacement of that legislation or provision and any subordinate legislation made under it;
(h) the words "including", "includes", "such as", "for example" and similar expressions are not words of limitation and are to be interpreted as though followed by the words "without limitation";
(i) headings and the table of contents are for convenience only and do not affect the interpretation of these Terms;
(j) where a word or expression is defined, any grammatical form of that word or expression has a corresponding meaning;
(k) a reference to "written", "in writing" or "notice" includes communications made electronically, including by email or through the Platform, where appropriate;
(l) an obligation not to do something includes an obligation not to permit, procure, assist or encourage another person to do that thing;
(m) where an obligation is imposed on two or more persons, that obligation binds those persons jointly and individually where the context permits;
(n) if there is any inconsistency between a specific provision and a general provision of these Terms, the specific provision prevails to the extent of the inconsistency; and
(o) no provision of these Terms is to be interpreted adversely against a party solely because that party was responsible for preparing or proposing that provision.
3. Eligibility and Account Registration
To use the Platform, you must:
• be at least 16 years of age;
• if you are under 18 years of age, have the consent of a parent or legal guardian to use the Platform and participate in Matches, and ensure that parent or guardian accepts these Terms on your behalf;
• provide accurate, current and complete information when creating your account and keep that information up to date;
• register only one account per person, and not impersonate any other person or entity; and
• maintain the confidentiality and security of your account login details.
You are responsible for all activity that occurs under your account, whether or not authorised by you, and must notify us immediately at ballerlink.info@gmail.com if you suspect unauthorised use of your account.
4. Nature of the Platform
BallerLink is a matchmaking, coordination and community platform. Except where BallerLink itself acts as a Host or organiser of a specific Rated Match, BallerLink:
• does not organise, run, referee or supervise Matches listed on the Platform;
• does not employ, engage, vet or supervise any Host, player, coach, referee or Facility Partner;
• does not guarantee the quality, standard, safety or suitability of any Match, Host or venue; and
• does not guarantee that any Match will proceed, or that any particular number of players will attend.
BallerLink simply facilitates connections between Users, Hosts and Facility Partners, and (where applicable) processes payments between them. BallerLink is not a party to any arrangement between Users, Hosts and Facility Partners, except in respect of BallerLink's own payment facilitation and platform services.
5. Facility Partners and Venues
Venues at which Matches take place may be owned or operated by independent third parties. BallerLink does not own, lease, operate, maintain or control any venue, and is not responsible for the condition, safety, cleanliness, staffing, equipment or legal compliance (including insurance) of any venue.
Facility Partners are solely responsible for the accuracy of any information they contribute to a listing, including venue location, availability, facilities and pricing. Users must comply with all venue signage, rules and the reasonable directions of facility staff or BallerLink personnel while at a venue.
6. Creating and Hosting a Match
Any User may create a Match as a Host, subject to compliance with these Terms. A Host is responsible for:
• the accuracy of the Match listing, including location, date, time, format, skill level, price and player capacity;
• communicating any change to, or cancellation of, a Match promptly through the Platform;
• conducting the Match in a safe and reasonable manner and in accordance with venue rules; and
• any representations the Host makes to other Users about the Match.
BallerLink is not responsible for a Host's failure to run a fair, safe or well-organised Match. BallerLink may remove, edit or suspend any listing that it considers, in its sole discretion, to be inaccurate, inappropriate or in breach of these Terms.
7. Match Participation and Assumption of Risk
Participation in football and related physical activity carries inherent risks, including but not limited to injury, illness, disability, death, property damage and accidents, whether caused by another player, a Host, a Facility Partner, equipment, playing surface, or your own actions.
By joining or attending any Match arranged through the Platform, you do so voluntarily and at your own risk, and you accept full responsibility for your participation. Nothing in this clause limits any right you may have under Australian Consumer Law that cannot lawfully be excluded.
8. Medical Fitness and Responsible Participation
8.1 You are solely responsible for determining whether you are medically and physically fit to participate in any Match, Rated Match or other physical activity undertaken through the Platform.
8.2 You acknowledge that football and related physical activities involve physical exertion and inherent risks, including injury, illness, aggravation of a pre-existing condition, disability or, in serious circumstances, death. You should consider your own physical condition, fitness level, medical history and any other relevant circumstances before participating.
8.3 BallerLink does not provide medical, health, fitness or other professional advice. Nothing contained on or made available through the Platform or Services is intended to constitute medical advice, diagnosis, treatment or a recommendation that you participate in any particular Match or activity.
8.4 If you have any medical condition, injury, physical limitation, disability, health concern or other circumstance that may affect your ability to safely participate in a Match or other physical activity, you should obtain appropriate advice from a qualified medical practitioner or other appropriately qualified professional before participating.
8.5 You must not participate in a Match if you know, or reasonably ought to know, that you are not medically or physically fit to do so, or if your participation would create an unreasonable risk to yourself or another person.
8.6 You are responsible for participating in Matches in a careful, reasonable and responsible manner and must take reasonable steps to protect your own safety and the safety of other participants. You must not engage in negligent, reckless, careless, wilfully wrongful or otherwise unreasonable conduct while using the Platform or participating in a Match.
8.7 Without limiting your other obligations under these Terms, you acknowledge that BallerLink is not responsible for injury, illness, death, loss or damage arising from your own negligent, reckless, careless, wilfully wrongful or otherwise unreasonable acts or omissions, or from the acts or omissions of another User, Host, Facility Partner or other third party, except to the extent that such liability cannot lawfully be excluded or limited.
8.8 BallerLink will take reasonable care in providing and administering the Platform and Services but does not supervise the physical conduct of Users during Matches and cannot guarantee that a Match, Host, Facility Partner, playing surface, equipment or other aspect of a Match will be safe, suitable or free from hazards.
8.9 Nothing in this clause excludes, restricts or modifies any liability, right, remedy, consumer guarantee or other protection arising from BallerLink's own negligent, reckless, careless or otherwise wrongful act or omission where that liability cannot lawfully be excluded, restricted or modified under Applicable Law, including the Australian Consumer Law.
8.10 By participating in a Match, you acknowledge that you remain responsible for exercising your own reasonable judgment and taking reasonable precautions having regard to your physical condition, the conditions of the Facility or Venue, the conduct of other participants and the circumstances of the Match.
9. Membership and Fees
9.1 BallerLink may offer Memberships on a recurring monthly subscription basis or on such other subscription basis as BallerLink may determine from time to time. The features, benefits, inclusions, exclusions and duration of each Membership will be specified on the Platform at the time the Membership is offered.
9.2 Membership benefits may include access to Matches, access to Rated Matches, access to Clubhouse and community features, priority access, discounts, statistics, ratings and rankings, and other existing or future premium functionality determined by BallerLink from time to time.
9.3 BallerLink may introduce, modify, replace, suspend or remove Membership plans, features or benefits from time to time. Where a change materially reduces the benefits of an existing paid Membership, BallerLink will provide reasonable notice where required by Applicable Law.
9.4 Unless otherwise stated at the time of purchase, a Membership automatically renews at the end of each applicable billing period for successive billing periods of the same duration until cancelled by you.
9.5 You may cancel your Membership through the Platform or by contacting BallerLink using the contact details specified in these Terms. Unless otherwise required by Applicable Law or expressly stated by BallerLink, cancellation will take effect at the end of the then-current billing period and you will continue to have access to the applicable Membership benefits until that date.
9.6 Membership Fees are charged in advance for each applicable billing period. Subject to any rights you may have under Applicable Law, including the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), Membership Fees are non-refundable once charged.
9.7 Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or condition that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other Applicable Law.
9.8 BallerLink may change the price of a Membership from time to time. Where a price change will affect a future renewal of an existing Membership, BallerLink will provide reasonable advance notice of the new price where required by Applicable Law. The new price will apply from the next applicable billing period following the effective date of the price change.
9.9 If you do not agree to a Membership price change, you may cancel your Membership before the new price takes effect. If you do not cancel and your Membership renews after the new price takes effect, the new price will apply to that renewal.
9.10 Unless otherwise stated, all prices displayed through the Platform are in Australian dollars and include any applicable taxes required by Applicable Law, or are otherwise displayed together with the applicable taxes and charges.
9.11 You are responsible for ensuring that your Payment Method remains valid and that sufficient funds are available to pay all Fees when due. A failed, declined or reversed payment may result in suspension or cancellation of the relevant Membership or other Services until the outstanding amount is resolved.
9.12 BallerLink may offer promotional pricing, discounts, introductory offers, trials or other Membership incentives from time to time. Unless otherwise stated at the time the offer is made, BallerLink may determine the eligibility requirements, duration and applicable conditions of such offers.
9.13 A promotional, discounted or introductory Membership does not create an entitlement to receive the same price or benefit for subsequent billing periods unless expressly stated otherwise.
9.14 If a Membership includes access to Matches, Rated Matches or other Services that are separately subject to availability, Booking requirements, cancellation policies or additional Fees, the Membership does not guarantee availability of those Services unless expressly stated otherwise.
9.15 BallerLink may suspend or terminate a Membership in accordance with these Terms, including where you breach these Terms, engage in fraudulent or abusive conduct, or fail to pay amounts due. Any cancellation, refund or credit following suspension or termination will be determined in accordance with these Terms and Applicable Law.
10. Automated Payments
By joining a Match, hosting a paid Match, or subscribing to a Membership, you authorise BallerLink to automatically charge your nominated payment method for the applicable Membership fee, match entry fee, and any applicable cancellation or no-show fee described in clause 11, without requiring your separate confirmation for each individual charge ("Auto-Payment Authorisation"). You may withdraw this authorisation at any time by removing your payment method, but doing so may prevent you from joining or hosting further Matches.
All payments are processed by our third-party payment processor, Stripe. BallerLink does not store your full card details. Use of the Platform's payment features is also subject to Stripe's own terms of service. You must keep your payment details current; a failed or declined payment may result in suspension of your ability to join or create Matches until resolved.
11. Cancellations, No-Shows and Refunds
BallerLink reserves the right to cancel any Booking Order and refund the price paid, even after the Booking Order has been confirmed and payment received. As some Matches are weather-dependent, this includes cancellation due to weather or venue conditions. Where reasonably possible, BallerLink will make best efforts to notify affected Users in advance. If adverse weather occurs during a Match, refunds will be assessed on a case-by-case basis at BallerLink's discretion.
Where a Host cancels a Match, or a Match does not proceed due to insufficient players, affected Users will generally be entitled to a refund of the applicable match fee, assessed in accordance with BallerLink's then-current cancellation policy.
If you cancel your own place in a Match less than 12 hours before its scheduled start time without reasonable cause or fail to attend without notice ("No-Show"), you may forfeit the applicable match fee and/or be charged a no-show fee via your nominated payment method, in accordance with the Auto-Payment Authorisation in clause 10.
12. Pricing and Platform Errors
Prices and availability of Services on the Platform are subject to change without notice. Hosts and Facility Partners are solely responsible for the accuracy of information they contribute to a listing, including price and description. Errors on the Platform including errors in price or description will be corrected as soon as reasonably possible once identified.
BallerLink reserves the right to revoke any stated offer and correct any error or inaccuracy, whether or not a Booking Order has been confirmed and you have been charged. If you have already been charged in connection with such an error, BallerLink will credit you the amount charged; the timing of that credit may depend on your bank's own policies.
While BallerLink will use reasonable efforts to ensure the accuracy of the Platform and to promptly correct errors, it will not be liable for any loss or damage arising from a genuine error, inaccuracy or omission that was not intended to mislead or misrepresent.
13. BallerLink Rated
BallerLink Rated is a premium feature offering administrator-run competitive Matches with performance statistics and ratings. By registering for or participating in a Rated Match, you acknowledge and agree that:
• Rated Matches may be filmed or recorded (including by camera equipment) for the purpose of generating player statistics, ratings and awards, and you consent to being filmed for this purpose;
• footage may be reviewed and analysed by BallerLink administrators, and processed by BallerLink's service providers, to produce match ratings, statistics and awards;
• ratings and statistics are provided for entertainment and community engagement purposes only, and do not constitute a professional or verified assessment of skill;
• BallerLink does not guarantee any particular ranking or outcome, and ratings may change over time as further data becomes available;
• BallerLink may modify the rating system, scoring methodology or statistical categories at any time; and
• BallerLink does not guarantee that any appeal or dispute about a rating will result in a change to that rating.
By using the Platform and participating in Services (including filmed Matches), you grant BallerLink the right to take, edit, alter, copy, exhibit, publish and distribute any photos or video of you captured while participating ("Likeness"), for use in promotional and marketing materials including advertisements, newsletters, social media, websites and other digital or print communications, without payment or other consideration. This authorisation applies to all media, formats and markets now known or later developed, and continues indefinitely unless you revoke it in writing to ballerlink.info@gmail.com. Likeness materials created by BallerLink remain BallerLink's property and will not be returned.
14. Player Conduct
When using the Platform or attending a Match, you must not:
• harass, threaten, discriminate against, or use abusive language towards any other User, Host, Facility Partner or BallerLink personnel;
• share offensive, discriminatory or otherwise inappropriate content;
• engage in cheating, match manipulation, or attempts to unfairly influence ratings or statistics; or
• engage in any illegal activity in connection with the Platform or a Match.
BallerLink may warn, suspend or terminate the account of any User who breaches this clause, in accordance with clause 28.
15. Friend Requests, Messaging and Clubhouse
You must use the Platform's messaging, friend request and Clubhouse features responsibly. The following are prohibited:
• spam or unsolicited commercial messages;
• harassment or threatening communications;
• solicitation for unrelated commercial purposes;
• fraudulent activity; and
• offensive or discriminatory communications or posts.
You must respect the privacy of other Users and must not use information obtained through the Platform for any purpose unrelated to your genuine use of the Platform.
16. User-Generated Content
You retain ownership of the posts, images, comments and other content you submit to the Platform ("Content"). By posting Content, you grant BallerLink a non-exclusive, worldwide, royalty-free licence to host, display, reproduce and distribute that Content within the Platform for the purpose of operating and promoting the Services. You represent that you own or have the necessary rights to post your Content and that it does not infringe the rights of any third party.
By using the Platform, you also agree that any suggestions, ideas or feedback you send to BallerLink are non-confidential, and you grant BallerLink an irrevocable, worldwide, unrestricted and perpetual licence to use that material for any purpose, to the maximum extent permitted by law.
17. Content Moderation and Removal
BallerLink may, at its sole discretion and without prior notice, remove, hide or edit any Content that it considers sensitive, inappropriate, offensive, unlawful, infringing, or otherwise unfit for the Platform.
18. Reporting Users
Users may report abuse, harassment, fake accounts or inappropriate content through the Platform's reporting tools. BallerLink will review reports made in good faith but retains sole discretion as to whether, and what, enforcement action is taken in response, which may include warnings, content removal, suspension, termination, or referral to relevant authorities.
19. Platform Security and Prohibited Conduct
You must not attempt to compromise the security or integrity of the Platform. Without limitation, you must not:
• access data or accounts you are not authorised to access, or attempt to gain unauthorised access to another User's account;
• probe, scan or test the vulnerability of any part of the Platform, or attempt to breach any security or authentication measure;
• interfere with the Platform's operation, including by introducing viruses or malware, or by overloading, flooding, spamming or mounting a denial-of-service attack;
• forge header information in any communication sent through the Platform, or impersonate BallerLink or another User;
• engage in activity that infringes the privacy or other rights of any third party;
• engage in any illegal activity through the Platform, including fraud or the promotion of illegal schemes; or
• attempt to decompile, reverse engineer, disassemble or otherwise access the source code of the Platform, except to the extent permitted by law.
A breach of this clause may result in civil or criminal liability. BallerLink may disclose personal information where required by law, regulation or legal process, or where reasonably necessary to prevent fraud, protect the security of the Platform, or enforce these Terms, consistent with the BallerLink Privacy Notice. Where BallerLink identifies suspected fraud, it may inform the relevant authorities and pursue legal action.
20. Intellectual Property
The BallerLink name, logo, app design, software, content and other intellectual property used in connection with the Platform are owned by, or licensed to, BallerLink and are protected by applicable intellectual property laws.
Except as expressly permitted under these Terms, you must not copy, modify, distribute, reverse engineer, create derivative works from, or otherwise exploit the Platform or BallerLink's intellectual property, or use BallerLink's trade marks or branding, without our prior written consent.
21. Third-Party Links and Services
The Platform may contain links to, or integrate with, third-party services (for example, mapping or payment services) for your convenience. BallerLink does not control and is not responsible for the content, accuracy, or availability of any third-party service, and a link or integration does not imply endorsement. You access third-party services at your own risk and, where applicable, subject to their own terms.
22. Privacy and Data Protection
BallerLink collects and handles personal information, including location data, payment information, and (for Rated Matches) match footage and performance data, in accordance with the BallerLink Privacy Notice and the Australian Privacy Principles under the Privacy Act 1988 (Cth). By using the Platform, you consent to that collection and use as described in the Privacy Notice.
23. General Assumption of Risk
BallerLink is a coordination platform that brings people together to enjoy physical activity. You understand and agree that football and related activity carry an inherent degree of risk, which may result in injury or death. BallerLink is not responsible for the construction, maintenance or safety of facilities provided by Facility Partners or other third parties. You knowingly and voluntarily accept and assume all risks associated with your use of the Services.
You must use the Services responsibly, in accordance with venue signage and the directions of facility or BallerLink personnel, and with due regard for your own safety and that of others. You are responsible for the care of your own belongings; BallerLink is not liable for any loss of, or damage to, property however caused while using the Services.
24. Indemnity
You agree to indemnify, hold harmless and defend BallerLink and its officers, employees, contractors and agents ("BallerLink Associates") against any losses, damages, liabilities, claims, actions, judgments, settlements, penalties, fines, costs or expenses (including reasonable legal fees) incurred by BallerLink or a BallerLink Associate arising out of or related to:
• your breach or non-fulfilment of any obligation under these Terms;
• any negligent, reckless or wilfully wrongful act or omission by you;
• any bodily injury, death, or damage to real or personal property caused by your acts or omissions; or
• your failure to comply with any applicable law, regulation or code in your use of the Services.
25. Disclaimers and Exclusions
To the fullest extent permitted by law, the Platform and Services are provided "as is" and "as available", without warranty of any kind, whether express or implied, including any warranty that the Platform will be uninterrupted, timely, secure or error-free, or that any listing, rating, statistic or piece of Content is accurate or complete. All implied warranties and conditions are excluded to the maximum extent permitted by law, except for any consumer guarantee under Australian Consumer Law that cannot lawfully be excluded.
26. Limitation of Liability
26.1 To the fullest extent permitted by law, BallerLink is not liable for any Loss arising from or connected with:
(a) any injury, illness, disability or death sustained by a User or other person during, before or after, or in connection with, a Match, Rated Match or other Football Activity;
(b) the negligent, reckless, careless, unlawful, wilfully wrongful or otherwise unreasonable act or omission of any User, Player, Host, Facility Partner, referee, coach, spectator or other third party;
(c) the condition, maintenance, suitability, safety or availability of any Facility, Venue, playing surface, equipment or other property provided or controlled by a Host, Facility Partner or other third party;
(d) any collision, tackle, fall, physical contact or other incident occurring during a Match or other Football Activity;
(e) loss of, theft of, or damage to a User's personal property or belongings;
(f) any dispute, disagreement, misconduct, injury, loss or damage arising between or involving Users, Players, Hosts, Facility Partners or other third parties;
(g) the cancellation, postponement, rescheduling, interruption or failure of a Match, Rated Match or other Football Activity, including as a result of insufficient participants, weather, Venue conditions or circumstances outside BallerLink's reasonable control;
(h) the acts or omissions of any Host, Facility Partner, Player, User or other third party, including their failure to comply with Applicable Law, Venue rules, safety requirements or these Terms;
(i) the accuracy, completeness, legality or reliability of User Content or information supplied by Users, Hosts or Facility Partners;
(j) any failure by a User to disclose relevant medical information, assess their own medical fitness or follow appropriate medical or safety advice;
(k) any reliance placed by a User on a Rating, statistic, ranking, Match Listing, User Content or other information made available through the Platform; or
(l) any loss or damage arising from a Third-Party Service, including payment, mapping, hosting, communications or other third-party technology or service.
26.2 Without limiting clause 26.1, BallerLink does not supervise or control the physical conduct of Users during Matches and is not responsible for ensuring that Users, Hosts, Facility Partners, referees, coaches or other participants act safely, reasonably or lawfully.
26.3 BallerLink does not warrant or guarantee that any Match, Rated Match, Host, Facility, Venue, Player, User, equipment or other third-party service will be safe, suitable, available, accurate or free from hazards or defects.
26.4 To the fullest extent permitted by law, BallerLink is not liable for any indirect, incidental, special, exemplary or consequential Loss, including loss of income, revenue, profits, business, opportunity, goodwill, reputation, anticipated savings or data.
26.5 Where BallerLink's liability cannot lawfully be excluded but may be limited, BallerLink's aggregate liability to you arising out of or in connection with these Terms or the Services is limited, at BallerLink's option, to:
(a) supplying the relevant Services again; or
(b) paying the cost of having the relevant Services supplied again,or, where Applicable Law permits, to the amount you paid to BallerLink for the relevant Services during the 12 months immediately preceding the event giving rise to the claim.
26.6 Nothing in this clause excludes, restricts or modifies any liability, right, remedy, guarantee, warranty or condition that cannot lawfully be excluded, restricted or modified under Applicable Law, including the Australian Consumer Law.
26.7 Nothing in these Terms is intended to exclude or limit liability arising from BallerLink's own conduct to the extent that such liability cannot lawfully be excluded or limited.
26.8 Nothing in this clause prevents BallerLink from exercising any right or remedy available to it under these Terms or Applicable Law.
27. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any right or remedy that you have, or any guarantee, warranty or condition implied or imposed by, the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
28. Suspension and Termination
BallerLink may suspend or terminate your account, at its discretion, where you breach these Terms, harm the BallerLink community, abuse the Platform's features, or engage in fraudulent behaviour. You may close your own account at any time by contacting ballerlink.info@gmail.com.
On termination, any active or upcoming Bookings may be cancelled and refunded in accordance with clause 11. Clauses which by their nature are intended to survive termination — including clauses 16, 20, 24, 25, 26 and 30, continue to apply after your account is closed or terminated.
29. Force Majeure
Neither party will be liable for any delay or failure to perform its obligations under these Terms caused by an event beyond its reasonable control, including acts of God, severe weather, fire, flood, power failure, computer system malfunction, government action, terrorism, war, industrial action, or epidemic or pandemic, provided that performance is excused only to the extent, and for the duration, of that event. If such an event continues for at least 90 days, either party may terminate the affected arrangement by written notice.
30. Governing Law and Dispute Resolution
These Terms are governed by the laws of Victoria, Australia. You and BallerLink each submit to the non-exclusive jurisdiction of the courts of Victoria in respect of any dispute arising out of or in connection with these Terms. Before commencing formal proceedings, the parties agree to first attempt to resolve any dispute in good faith, including, where appropriate, through informal negotiation or mediation.
31. General
Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
Entire agreement. These Terms, together with the Privacy Notice and any policies referenced in them, constitute the entire agreement between you and BallerLink in relation to your use of the Platform.
Assignment. BallerLink may assign or transfer its rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations without BallerLink's prior written consent.
No waiver. A failure by BallerLink to enforce any provision of these Terms is not a waiver of its right to do so later.
Notices. BallerLink may provide notices to you via the email address or in-app notifications associated with your account. Notices to BallerLink should be sent to ballerlink.info@gmail.com.
32. Changes to These Terms
BallerLink may modify these Terms at any time. Where changes are material, BallerLink will make reasonable efforts to notify Users in advance, including via the Platform or by email. Your continued use of the Platform after updated Terms take effect constitutes your acceptance of those Terms.
33. Contact Us
For support or legal enquiries, please contact:
Email: ballerlink.info@gmail.com
Entity: BallerLink Pty Ltd (ABN: 87 194 174 901)