The website “www.3x3hustle.com” (the “3x3Hustle Website”) and the “3x3Hustle” business are owned and operated under ABN 71 464 229 202 (“3x3Hustle”).
Terms and Conditions
1. Your Acceptance
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:
o sale of access to the 3x3Hustle Website or related services on another website;
o use of the 3x3Hustle Website or related services for the primary purpose of gaining advertising or subscription revenue;
o 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
o 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) All-Star memberships (“All-Star Hustle Pass”);
ii) Baller memberships (“Baller Hustle Pass”); and
iii) Rookie memberships (“Rookie Hustle Pass”)
collectively referred to as the “Membership” or “Memberships”.
B. The All-Star Hustle Pass is offered on a 12 month ‘lock-in’ subscription basis charged at $9.95 per month, direct debited on a monthly basis (in advance). You must pay the minimum total cost of $119.40 (12 x $9.95) with $9.95 to pay upfront. The All-Star Hustle Pass includes a digital 3x3Hustle Pass, free access to NBL TV, a Street Hustle uniform, select discounts on 3x3Hustle merchandise online, the opportunity to participate in unlimited 3x3Hustle events, and to enter into competitions and promotions.
C. The Baller Hustle Pass is offered on a 12 month ‘lock in’ subscription basis charged at $5.00 per month, direct debited on a monthly basis (in advance). You must pay the minimum total cost of $60 (12 x $5.00) with $5.00 to pay upfront. The Baller Hustle Pass includes a digital 3x3Hustle Pass, six 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.
D. The Rookie Hustle Pass is offered on a yearly basis with no fee attached. The Rookie Hustle Pass includes a digital 3x3Hustle Pass, 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 an All-Star Hustle Pass or the Baller Hustle Pass, you agree to pay the recurring monthly 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. A $60 cancellation fee applies to All-Star Hustle Pass holders, which in part covers administration costs incurred prior to cancellation and the cost of the player uniform already issued. If granted, your cancellation will be effective at the end of your current subscription month, meaning you will be required to pay for your current subscription month in full.
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. All-Star Hustle Pass Memberships will be automatically renewed for an additional 12-month term, unless you advise us in writing otherwise, prior to the conclusion of the initial term. 3x3Hustle will communicate the rollover in writing prior to the conclusion of the initial term. 3x3Hustle will continue to charge your nominated credit card or other account our standard monthly Membership fee, which will be the same as the prior Membership term charges, unless 3x3Hustle notifies you in advance prior to the beginning of the renewed Membership term as described above.
M. 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.
N. All periodic charges and fees for the Memberships are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated.
O. 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.
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:
o for your information and personal use; and
o 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.
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.
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.