Terms and Conditions

The website “www.3x3hustle.com” (the “3x3Hustle Website”) and the “3x3Hustle” business are owned and operated under ABN 71 464 229 202 (“3x3Hustle”).

1. Your Acceptance

A. By using and/or visiting the 3x3Hustle Website you signify your agreement to (1) these terms and conditions (the “Terms and Conditions”), and (2) 3x3Hustle’s privacy policy (the “Privacy Policy”), found at www.3x3hustle.com/privacy-policy/. If you do not agree to any of these Terms and Conditions, or you are not satisfied with the Privacy Policy, do not use the 3x3Hustle Website.

B. 3x3Hustle may, in its sole discretion, modify or revise these Terms and Conditions, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. 3x3Hustle recommends periodically revisiting the Terms and Conditions to ensure you are kept up to date with any changes made. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

2. Terms and Conditions to apply to all users of the 3x3Hustle Website.

These Terms and Conditions apply to all users of the 3x3Hustle Website, including but not limited to users that purchase tickets on the 3x3Hustle Website, and/or sign up to, or register for an event via the 3x3Hustle Website.

By using and/or visiting the 3x3Hustle Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

3. General Use of the 3x3Hustle Website — Permissions and Restrictions

A. You may be required to create an account (“User Account”) before you can become a member of 3x3Hustle or access certain parts of the 3x3Hustle Website, such as ticket purchases, and event registration.

You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. 3x3Hustle reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information, including relating to anyone submitting User Submissions (defined below) which violates any law.

B. 3x3Hustle hereby grants you permission to access and use the 3x3Hustle Website as set forth in these Terms and Conditions, provided that:

i) You agree not to distribute in any medium any part of the 3x3Hustle Website, including but not limited to 3x3Hustle Content or User Submissions (all terms as defined below), without 3x3Hustle’s prior written authorization.

ii) You agree not to access User Submissions or 3x3Hustle Content through any technology or means other than the provided functionality of the 3x3Hustle Website itself, or other explicitly authorized means 3x3Hustle may designate.

iii) You agree not to use the 3x3Hustle Website for any commercial use, without the prior written authorization of 3x3Hustle. Prohibited commercial uses include (but are not limited to) any of the following actions taken without 3x3Hustle’s express approval:

• sale of access to the 3x3Hustle Website or related services on another website;
• use of the 3x3Hustle Website or related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the 3x3Hustle Website or any third-party website, targeted to the content of specific User Submissions or 3x3Hustle Content; and
• any use of the 3x3Hustle Website or related services that 3x3Hustle finds, in its sole discretion, to use 3x3Hustle’s resources or User Submissions with the effect of competing with or displacing the market for 3x3Hustle, the 3x3Hustle Content or User Submissions.

iv) You agree not to use or launch any automated system (including but not limited to “robots,” “spiders,” or “offline readers”), that access the 3x3Hustle Website in a manner that sends more request messages to the 3x3Hustle servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the 3x3Hustle Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the 3x3Hustle Website with respect to their User Submissions.

v) In your use of the 3x3Hustle Website, you will otherwise comply with these Terms and Conditions, and all applicable local, national, and international laws and regulations.

vi) 3x3Hustle reserves the right to discontinue any aspect of the 3x3Hustle Website at any time without notification.

4. 3X3Hustle Pass Memberships

A. There are three (3) 3x3Hustle Pass membership options:
i. Baller memberships (“Baller Hustle Pass”);
ii. Rookie memberships (“Rookie Hustle Pass”); and
iii. Fan memberships (“Fan Hustle Pass”)
collectively referred to as the “Membership” or “Memberships”.
B. The Baller Hustle Pass is offered on a 12 month basis charged at $80 per year. You must pay the fee upfront. The Baller Hustle Pass includes a digital 3x3Hustle Pass, twelve months of NBL TV, a Street Hustle uniform, select discounts on 3x3Hustle merchandise online, the opportunity to participate in unlimited Street Hustle events, and to enter into competitions and promotions.

C. The Rookie Hustle Pass is offered on a yearly basis charged at $10 per year. You must pay the fee upfront. The Rookie Hustle Pass includes a digital 3x3Hustle Pass, access to six months of NBL TV, discounts on 3x3Hustle merchandise online, the opportunity to participate in unlimited Street Hustle events, and to enter into competitions and promotions.

D. The Fan Hustle Pass is offered on a yearly and is a Free pass. The Fan Hustle Pass includes a digital 3x3Hustle Pass, updates on activity within 3x3Hustle, access to three months of NBL TV, discounts on 3x3Hustle merchandise online, the opportunity to participate in unlimited Street Hustle events, and to enter into competitions and promotions.

E. To sign up for a Membership you must be over the age of 18 or have parent/guardian permission.

F. If signing up to the Baller Hustle Pass or Rookie Hustle Pass, you agree to pay the upfront fee as set forth by 3x3Hustle, including applicable taxes and other charges and fees that may be incurred.

G. Direct debit payments are managed by Stripe Payment (“Stripe”). Stripe accepts Visa, Mastercard, American Express and some debit cards. Should you fail a payment you will be notified by email and text message and Stripe will reprocess your account 48 hours after the initial failed payment. Stripe will attempt to collect failed payments three (3) times, following which your account will be lodged with a debt collector. You as the account holder will be liable for any additional costs associated with enlisting a debt collector. In the event Stripe cannot charge your account, 3x3Hustle reserves the right to discontinue or terminate your Membership.

H. Subject to law and to the special cancellation circumstances below, Membership cancellation is not permitted and you are committed to the full 12-month Membership term. This is vital for the scheduling of 3x3Hustle tournaments and games, to cover costs and to ensure there is sufficient participation in the 3x3Hustle events.

I. Other than where mandatory under law, 3x3Hustle will only allow cancellation of Memberships in special circumstances, including where members have suffered serious injury preventing adequate use of their Membership, disability or death. All decisions regarding cancellation shall be made by 3x3Hustle at its absolute discretion, and any decision of 3x3Hustle is final. Cancellation requests for special circumstances are to be sent in writing to info@3x3Hustle.com, and may require a medical certificate.

J. Except for your statutory rights which are unaffected, you agree that all fees and charges assessed by us are non-refundable. Non-refundable fees include the full monthly fee for any month (or portion thereof) of a Membership regardless of whether you participated in any 3x3Hustle events or used any 3x3Hustle services during that period.

K. 3x3Hustle reserves the right to increase Membership charges and fees, or to institute new Membership charges or fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as 3x3Hustle may deem appropriate from time to time (including electronic mail, text message or conventional mail).

L. Rookie Hustle Pass and Baller Hustle Pass Memberships will expire at the completion of the initial 12 month term. You will be notified in writing prior to the conclusion of the initial Membership term, and invited to renew or upgrade your membership. For the avoidance of doubt, it is your responsibility as a Rookie Hustle Pass or Baller Hustle Pass member to renew your membership at the conclusion of the intial 12 month Membership period.

M. All periodic charges and fees for the Memberships are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated.

N. In addition to the Membership fees and charges set forth above, you are responsible for all charges and fees associated with signing up for, using and in connection to the Membership and connecting to the Website, including without limitation all travel costs, telephone access lines (including long-distance charges, when applicable), Internet service provider fees, telephone, computer and printer equipment, sales taxes and any other fees and charges necessary to use or access the Membership. In addition, you may incur an additional processing and/or merchant charge from your financial institution on each payment you make for our Membership.

O. For the purposes of your access to and use of the Membership, including identification, billing and shipping, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Membership (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us, to keep it accurate at all times. Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate, or incomplete, or 3x3Hustle have reasonable grounds to suspect that such is the case, 3x3Hustle reserves the right to suspend or terminate your Membership and refuse any and all current or future use and/or access by you of any of the Membership or the Website (or any portion thereof). You are obligated to check your Membership account to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website.

P. If your Membership is revoked for any reason, you agree not to register or sign up again using another user name or through any other means. If 3x3Hustle have reason to suspect, in their sole discretion, that your account has previously been terminated, 3x3Hustle reserves the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms of Use or by law.

5. Your Use of 3x3Hustle Content and User Submissions on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the 3x3Hustle Website.

A. Excluding any User Submissions, all content on the 3x3Hustle Website, including without limitation:
a. the registered and unregistered trademarks, service marks and logos contained therein (“3x3Hustle Trade Marks”);
b. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property;

(collectively, the “3x3Hustle Content”), are owned by or licensed to 3x3Hustle, and are subject to copyright and other intellectual property rights under the law. 3x3Hustle Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 3x3Hustle reserves all rights not expressly granted in and to the 3x3Hustle Website and the 3x3Hustle Content.

B. You may access 3x3Hustle Content and User Submissions solely:

• for your information and personal use; and
• as intended through the normal functionality of the 3x3Hustle Website.

C. User Submissions and the 3x3Hustle Website are made available “as is”.

D. You may access 3x3Hustle Content, User Submissions and other content only as permitted under these Terms and Conditions.

E. You agree to not engage in the use, copying, or distribution of any of the 3x3Hustle Content or User Submissions other than expressly permitted herein, including any use, copying, or distribution of the 3x3Hustle Content or User Submissions obtained through the 3x3Hustle Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the 3x3Hustle Website or features that prevent or restrict use or copying of any 3x3Hustle Content or User Submissions or enforce limitations on use of the 3x3Hustle Website or the 3x3Hustle Content or User Submissions therein.

G. You understand that when using the 3x3Hustle Website, you will be exposed to User Submissions from a variety of sources, and that 3x3Hustle is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions and 3x3Hustle Content that may be inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 3x3Hustle with respect thereto, and agree to indemnify and hold 3x3Hustle, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the 3x3Hustle Website.

6. “User Submissions” and User Conduct

A. As a 3x3Hustle Website user you may submit content (“User Submissions”) from time to time through the functionality of the 3x3Hustle Website, including on member forums, chat functions, feedback, reviews and event publications. You understand that whether or not such User Submissions are published on the 3x3Hustle Website, 3x3Hustle does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them, and 3x3Hustle will have no liability in this regard, to the full extent permitted by law. In connection with User Submissions, you affirm, represent, and/or warrant that:

a. you own or have the necessary licenses, rights, consents, and permissions to use and authorize 3x3Hustle to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the 3x3Hustle Website and these Terms and Conditions;
b. you will not submit any User Submissions that are unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that 3x3Hustle may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
c. you will obtain prior consent from any person or owners of any property that may appear in your User Submission;
d. to the extent applicable to your User Submission, your User Submission will reflect your actual, current and valid views and opinions at the time of submission and will not amount to a false testimonial;
e. your User Submission shall not contain viruses or cause injury or harm to any person or entity; and
f. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to 3x3Hustle, you hereby grant 3x3Hustle a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the 3x3Hustle Website and 3x3Hustle’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the 3x3Hustle Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the 3x3Hustle Website a non-exclusive license to access your User Submissions through the 3x3Hustle Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the 3x3Hustle Website and under these Terms and Conditions. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the 3x3Hustle Website. You understand and agree, however, that 3x3Hustle may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

D. If you have any moral rights (or similar rights) in respect of User Submissions that you submit, you consent to 3x3Hustle using the User Submissions from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution, however 3x3Hustle will not make material alterations to any review or testimonial provided. Immediately on such moral rights beginning to exist, you waive your right to enforce those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Submissions that you submit, you must ensure that they agree to the above before you submit the User Submissions.

E. 3x3Hustle does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 3x3Hustle expressly disclaims any and all liability in connection with User Submissions. 3x3Hustle does not permit copyright infringing activities or infringement of any other intellectual property rights on its 3x3Hustle Website, and 3x3Hustle will remove any User Submission if 3x3Hustle is properly notified that such User Submission infringes on another’s intellectual property rights, or if 3x3Hustle considers the content to be unsavoury or objectionable. 3x3Hustle reserves the right to remove User Submissions without prior notice, at its absolute discretion.

7. Warranty Disclaimers

You agree that your use of 3x3Hustle products and services and the 3x3Hustle website shall be at your sole risk. To the fullest extent permitted by law, 3x3Hustle, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the 3x3Hustle website and your use thereof or your use of any 3x3Hustle products and services (i.e. 3x3Hustle products or services). To the fullest extent permitted by law, 3x3Hustle makes no warranties or representations about the accuracy or completeness of the 3x3Hustle content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the 3x3Hustle website and the 3x3Hustle products and services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the 3x3Hustle website, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the 3x3Hustle website. 3x3Hustle does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the 3x3Hustle website and 3x3Hustle will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

3x3Hustle does not warrant that the 3x3Hustle website, or the servers on which the 3x3Hustle website are hosted, are free of software viruses or defects. Accordingly, 3x3Hustle is not liable for any loss suffered as a result of any such viruses or defects.

8. Limitation of Liability

To the extent permitted by law, in no event shall 3x3Hustle, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the 3x3Hustle website or 3x3Hustle’s products or services or resulting from the initial creation of user submissions, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the 3x3Hustle website, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the 3x3Hustle website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. While the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, where conditions, warranties or other rights are implied in this agreement or otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to this agreement. At the option of 3x3Hustle, our liability for breach of implied conditions or warranties is limited, to the extent permitted by law to, if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of having the goods repaired and, if the breach relates to services, (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. For clarity, nothing in these terms purports to or does limit the application of any statutory consumer warranties or rights.

You specifically acknowledge that 3x3Hustle shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless 3x3Hustle, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the 3x3Hustle Website and the 3x3Hustle products and services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the 3x3Hustle Website.

10. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 3x3Hustle for reasonable business purposes without restriction.

11. General

These Terms and Conditions, together with the Privacy Policy (at www.3x3hustle.com/privacy-policy/) and any other legal notices published by 3x3Hustle on the 3x3Hustle Website, shall constitute the entire agreement between you and 3x3Hustle concerning the 3x3Hustle Website, any purchases made, and your use of the 3x3Hustle products or services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and 3x3Hustle’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. 3x3Hustle reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the 3x3Hustle Website or purchase of 3x3Hustle products or services following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. These Terms and Conditions are made subject to the law in force in the State of Victoria, Australia, and shall be interpreted and enforced by the courts in that jurisdiction, including with respect to any dispute arising under these Terms and Conditions.

 

3x3Hustle Store Terms & Conditions

ACCEPTANCE

1. Access to and use of the 3x3Hustle online store (the “Online Store”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out in these terms and conditions. You should read these terms and conditions before using our website and online store. Your use of the website constitutes your agreement to these terms and conditions.
2. We reserve the right to amend these terms and conditions at any time and without notice to you. Your continued use of the Online Store after any amendment becomes effective constitutes an agreement by you to comply with and be bound by, these terms and conditions, as so amended. We will also publish a link to our terms and condition from the website homepage.
3. These terms and conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.

ORDER

4. Prices displayed within this Online Store are shown in Australian dollars (AUD) and include GST where applicable. Unless specified otherwise, pricing on a product detail webpage does not include delivery charges (if applicable). Please read the shipping & returns details contained within this website for more information regarding delivery charges.
5. Any order placed by you in the manner described in this Online Store is an offer to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this Online Store at the time you place your order on these terms and conditions. No order shall be deemed to be accepted by us until we issue an email acceptance of the order.
6. We reserve the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
7. When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your Order. If we or you have cancelled your order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
8. Prices of products, as well as delivery and other charges displayed on this website are current at the time of issue but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
9. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
10. You must pay for the order in full at the time of ordering by one of the payment methods we provide on the Online Store. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
11. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact customer service immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
12. Customer service can be contacted by emailing info@3x3hustle.com.

DELIVERY

13. We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
14. We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
15. We will aim to leave the Order at the address advised by you at the time of purchase. If the delivery driver deems the area unsafe your Order will be redirected to a collection point, where available redelivered in the next delivery run or returned back to our warehouse.
16. You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
17. charge you for our reasonable storage fee and other costs reasonably incurred by us; or
18. no longer make the product available for delivery or collection and notify you that we are cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
19. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
20. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
21. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
22. We will not be held accountable for items that are damaged or lost during transit and no refunds or credit notes will be provided for items which are lost or damaged in transit. For this reason, we use delivery processes that are traceable.

PAYMENT

21. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step and can choose not to proceed at any time before payment is taken.
22. We accept payment via Visa, Mastercard and gift vouchers and vouchers (Vouchers) through our e-commerce platform. You must comply with the applicable T&Cs of these providers and our e-commerce platform.
23. If applicable, all international orders are charged in AUD with the exchange rate being determined at the time of the credit card authorisation or payment authorisation. Prices listed at the time of checking out include GST, as is required by Australian law. Purchases delivered internationally are not subject to GST.
24. You may use Vouchers as payment for certain products on the Online Store. We may email Vouchers to you. We accept no liability for errors in the email address provided to us. We assume no liability for the loss, theft or illegibility of Vouchers. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of Vouchers on the Online Store, we are entitled to close your account and/or require a different means of payment.
25. Conditions for the redemption of Vouchers:
26. From time to time we may release Vouchers that may be used on the Online Store. Vouchers can only be redeemed on the Online Store in accordance with the special terms and conditions stated on them.
27. Vouchers are valid for the specified period stated on them only. Certain products may be excluded from Voucher promotions.
28. Vouchers cannot be redeemed for cash. If the credit of a Voucher is insufficient for the order you wish to make, you may make up the difference through payment by other means (but not by using another Voucher or attempting to rely on any other offer). Please note that only one Voucher can be used per order.
29. Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple products are purchased using a voucher, and one or more products are returned, the discount is applied on a pro rata basis to each Product for the purpose of establishing refund values.
30. We actively monitor misuse of vouchers and reserve the right to block any person that is not using a voucher in accordance to its terms and conditions.
31. Conditions for the redemption of gift cards:
32. You may purchase gift cards for use on the Online Store by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.
33. Voucher purchases may be subject to security checks from time to time, resulting in a longer processing time.
34. Unless stated elsewhere, vouchers are valid for 3 years from the date of purchase. Any balance that remains after the 3 years will not be available for use.
35. The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash. Vouchers cannot be used to buy further vouchers.
36. If you place an order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the order you wish to make, you may make up the difference through payment by other means.
37. If an order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only. Gift cards are applied on a pro rata basis to each Product in an Order for the purpose of establishing refund values.

RETURNS

FAULTY PRODUCT RETURNS

27. We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our customer service team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
28. If the product is confirmed to have a defect, we will replace the product or refund the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.
29. It does not constitute a defect, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to 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.
30. We cannot accept any liability for goods lost in transit.

CHANGE OF MIND RETURNS

31. In addition to your rights in relation to faulty products, you can return any product:
32. within 30 days of purchase for local customers and, if applicable, 30 days of purchase for international customers;
33. unworn and unused with the original tags still attached; and
34. in the original packaging, which must be in the original condition, including branded dust bags and shoe boxes (you don’t need the clear plastic packaging). Please note that products sealed for hygiene reasons can only be returned under change of mind return policy if the seal is intact.
35. Occasionally, some products may be excluded from the change of mind return policy. The exclusion will usually be noted on the Product page on our Site.
36. To ensure the returns are assessed and processed swiftly, you must follow the instructions set out in the Returns Form.
37. Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliant, we will, at your request:

• refund the price of the product returned to your original payment method;
• exchange the Product for another size.

31. However, we will not be able to refund any delivery fees that you have paid at purchase to have the Product shipped to you. If the return, in our reasonable opinion, is not compliant, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.
32. Nothing in this clause is intended to exclude any rights in clause 6 or any of your statutory rights as a consumer under Australian Consumer Law.
33. We cannot accept any liability for goods lost in transit.

WARRANTY

38. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
39. Our liability to you in respect of goods purchased by you from the Site is limited, at our option, to one or more of the following:
40. In the case of goods:

• the replacement of the goods;
• the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods (or of acquiring equivalent goods); or
• the payment of the cost of having the goods repaired.

41. In the case of services:

• the resupply of the services; or
• the payment of the cost of resupply.

42. The benefits of the above are in addition to other rights and remedies which you may have at law in respect of the goods to which the warranty relates.

INDEMNITY

43. You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions or your breach of any law or the rights of a third party.

INTELLECTUAL PROPERTY

44. Acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Online Site, the selection and layout of the Site and the content and materials on the Site (together, the ‘Materials’) are owned by or licensed to us;
45. Must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material without our prior written consent; and must not frame or embed in another website any of the material appearing on this Online Store without our prior written consent.
46. You may store a reproduction of the content on this Online Store on your local computer for the sole purpose of viewing the content and materials; and print hard copies of the content and materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use
47. This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Online Store or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Online Store that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.

PRIVACY POLICY

48. You may be asked to input information about yourself on this Online Store. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.
49. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.

GENERAL

50. Entire agreement: These terms and conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these terms and conditions except as expressly stated in these terms and conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
51. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these terms and conditions We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these terms and conditions to any person.
52. Force majeure:We shall not be liable for any breach of our obligations under these terms and conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
53. No waiver:No waiver by us of any default of yours under these terms and conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these terms and conditions.
54. Notices: Unless otherwise stated within these terms and conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
55. Third party rights:All provisions of these terms and conditions apply equally to and are for the benefit of 3×3 Hustle, its subsidiaries, any holding companies of 3×3 Hustle, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these terms and conditions may be varied or rescinded without the consent of those parties).
56. Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
57. Severability: If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.