AV CLUBHOUSE TERMS AND CONDITIONS

1. INTRODUCTION AND ACCEPTANCE OF TERMS

1.1 These Terms and Conditions (the “Terms”), along with our Privacy Policy, Acceptable Use Policy, and any other policies or guidelines posted on the Platform (collectively, the “Agreement”), govern your access to and use of the AV Clubhouse platform, including any content, functionality, and services offered on or through www.athletic.vc, related mobile applications, and any other websites or applications operated by us (collectively referred to as the “Platform” or “AV Clubhouse”).

1.2 Athletic Ventures is owned and operated by Athletic Ventures Pty Ltd (ACN 642 501 339) (“Athletic Ventures”, “we”, “our” or “us”), a corporate authorised representative (authorised representative number 1285494) of Boutique Capital Pty Ltd ACN 621 697 621 AFSL 508011.

1.3 By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, you must immediately cease using the Platform.

1.4 We reserve the right, at our sole discretion, to modify, amend, or update this Agreement at any time. Any changes to the Agreement will be effective immediately upon posting on the Platform. Your continued use of the Platform after we post any modifications to the Agreement will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Agreement.

1.5 You are responsible for regularly reviewing the Agreement to stay informed of updates. We may provide notifications of material changes via email or through a notification on the Platform. What constitutes a material change will be determined at our sole discretion.

1.6 If you do not agree to the modified terms, you should discontinue your use of the Platform.

2. DEFINITIONS

2.1 In this Agreement, the following definitions apply:

“Account” means the account created by a User to access and use the Platform.

“Affiliated Entities” means any entity that directly or indirectly controls, is controlled by, or is under common control with Athletic Ventures.“Content” means any information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials.

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

“Investment Opportunity” means any investment proposition, offer, or arrangement presented on the Platform.

“User” means any individual or entity that accesses or uses the Platform, whether registered or not.

“User Content” means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Platform.

3. ELIGIBILITY AND REGISTRATION

3.1 To access and use the Platform, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement.

3.2 To register for an Account, you must provide accurate, current, and complete information as prompted by the registration form. You agree to update your information promptly if any of it changes.

3.3 You are solely responsible for maintaining the confidentiality of your Account and password. You agree to accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, you must immediately notify us at team@athletic.vc.

3.4 We reserve the right, in our sole discretion, to refuse registration, suspend or terminate Accounts, remove or edit Content, or cancel orders, for any reason or no reason, without notice to you.

3.5 By registering, you represent and warrant that: 

  • (a) You are not under the age of 18;
  • (b) You are not currently restricted from accessing the platform;
  • (c) You are not a competitor of Athletic Ventures or AV Clubhouse;
  • (d) You have full power and authority to enter into this agreement and doing so will not violate any other agreement to which you are a party;
  • (e) If you are registering on behalf of a legal entity, you have the authority to bind that entity to this Agreement;
  • (f) All registration information you submit is truthful and accurate;
  • (g) You will maintain the accuracy of such information;
  • (h) Your use of the Platform does not violate any applicable law or regulation.

3.6 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

4. PLATFORM USE AND RESTRICTIONS

4.1 Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal, non-commercial use.

4.2 You agree not to:

  • (a) Use the Platform for any illegal purpose or in violation of any local, state, national, or international law;
  • (b) Violate or encourage others to violate the rights of third parties, including Intellectual Property Rights;
  • (c) Post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
  • (d) Interfere with security-related features of the Platform, including by: 
  • (i) disabling or circumventing features that prevent or limit use or copying of any Content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;
  • (e) Interfere with the operation of the Platform or any User’s enjoyment of the Platform, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another User of the Platform; (iii) collecting personal information about another User or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform;
  • (f) Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission;
  • (g) Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Platform;
  • (h) Impersonate or misrepresent your affiliation with any person or entity;
  • (i) Use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Platform, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
  • (j) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Platform that you are not authorised to access;
  • (k) Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
  • (l) Use the Platform for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates this Agreement.

4.3 We reserve the right to monitor your use of the Platform and to suspend, restrict, or terminate your access to the Platform at any time for any or no reason without notice or liability.

4.4 You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 

  • (a) comply with legal process, applicable laws or government requests;
  • (b) enforce this Agreement;
  • (c) respond to claims that any Content violates the rights of third parties; or
  • (d) protect the rights, property, or personal safety of Athletic Ventures, its Users and the public.

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 All Content on the Platform, including without limitation text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to Athletic Ventures and is protected by copyright, trademark, and other Intellectual Property Rights and unfair competition laws.

5.2 You may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute in any way any Content from the Platform without our express prior written consent.

5.3 By posting, uploading, inputting, providing, or submitting User Content to the Platform, you grant Athletic Ventures, its Affiliated Entities, and necessary sub-licensees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.

5.4 You grant Athletic Ventures and its Affiliated Entities and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that:

  • (a) You own and control all rights in and to the User Content and have the right to grant the license granted above to us and our Affiliated Entities and sub-licensees; and
  • (b) All of your User Content do and will comply with this Agreement.

5.5 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Athletic Ventures, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

5.6 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Platform.

5.7 We have the right to:

  • (a) Remove or refuse to post any User Content for any or no reason in our sole discretion;
  • (b) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Agreement, infringes any Intellectual Property Right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public, or could create liability for Athletic Ventures;
  • (c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy;
  • (d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Platform;
  • (e) Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement.

5.8 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

5.9 You waive and hold harmless Athletic Ventures and its affiliated entities from any claims resulting from any action taken by Athletic Ventures during, or taken as a consequence of, investigations by either Athletic Ventures or law enforcement authorities.

5.10 However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party.

6. INVESTMENT OPPORTUNITIES AND FINANCIAL INFORMATION

6.1 AV Clubhouse may present various Investment Opportunities to Users. These opportunities are provided for informational purposes only and do not constitute an offer or solicitation to purchase securities.

6.2 All information provided on the Platform is of a general nature and is not intended to be relied upon as the sole basis for making investment decisions. The information does not take into account the specific investment objectives, financial situation, or particular needs of any specific person.

6.3 You acknowledge and agree that:

  • (a) Any information or Content on the Platform does not constitute financial, investment, legal, or tax advice;
  • (b) The information provided is not specific to your personal circumstances
  • (c) Athletic Ventures is not a financial advisor, broker-dealer, or registered investment advisor;
  • (d) You should conduct your own research and consult with professional advisors before making any investment decisions;
  • (e) Past performance is not indicative of future results, and any financial or investment information on the Platform may not be current or accurate;
  • (f) Athletic Ventures does not endorse or recommend any particular Investment Opportunity, and any decision to invest is made solely at your own risk;
  • (g) The Platform may contain forward-looking statements that are based on expectations, estimates, projections and assumptions. These statements are not guarantees of future performance and involve certain risks and uncertainties, which are difficult to predict. Therefore, actual future results and trends may differ materially from what is forecast in forward-looking statements due to a variety of factors;
  • (h) The Platform may include calculations or other information relating to hypothetical performance. Hypothetical performance results have many inherent limitations and no representation is being made that any account will or is likely to achieve profits or losses similar to those shown. There are frequently significant differences between hypothetical performance results and actual results subsequently achieved by any particular trading program;
  • (i) Investing in securities involves risks, and there is always the potential of losing money when you invest in securities. Before investing, consider your investment objectives and Athletic Ventures’ charges and expenses. Athletic Ventures’ internet-based services are designed to assist clients in achieving discrete financial goals. They are not intended to provide comprehensive tax advice or financial planning with respect to every aspect of a client’s financial situation and do not incorporate specific investments that clients hold elsewhere.

6.4 You understand and agree that Athletic Ventures shall not be responsible or liable for any loss or damage of any sort incurred as a result of any interactions between you and third-party service providers or investors made available through the Platform.

6.5 Athletic Ventures does not guarantee any investment performance, outcome or returns. Investments can go up or down in value. Past performance is not indicative of future performance.

6.6 You are solely responsible for evaluating the merits and risks associated with the use of any Content, Investment Opportunity or other information on the Platform before making any decisions based on such Content, Investment Opportunity or information.

7. THIRD-PARTY

A) THIRD-PARTY LINKS AND CONTENT

7.A.1 The Platform may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Athletic Ventures, and Athletic Ventures is not responsible for any Third-Party Links & Ads.

7.A.2 Athletic Ventures provides these Third-Party Links & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.

7.A.3 When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

B) THIRD-PARTY PERKS AND PROMISES

7.B.1 Athletic Ventures may, from time to time, arrange for third-party partners to offer perks, benefits, or promises to Users of the Platform ("Third-Party Offers").

7.B.2 Users acknowledge and agree that Athletic Ventures is not responsible for the delivery, quality, or any other aspect of Third-Party Offers. These offers are provided solely by the third-party partners and are subject to their own terms and conditions.


7.B.3 Athletic Ventures does not guarantee the availability, continuity, or fulfillment of any Third-Party Offers. In the event a third-party partner fails to deliver on a perk, benefit, or promise, Athletic Ventures shall not be held liable for any damages, losses, or disappointment incurred by the User.


7.B.4 Users agree to address any issues, complaints, or claims related to Third-Party Offers directly with the third-party provider. Athletic Ventures will, where possible, endeavor to assist Users in resolving any issues with third-party partners but is under no obligation to do so.


7.B.5 Athletic Ventures reserves the right to modify, suspend, or terminate any Third-Party Offers at any time without prior notice."

8. USER REPRESENTATIONS AND WARRANTIES

8.1 By using the Platform, you represent and warrant that: 

  • (a) All registration information you submit will be true, accurate, current, and complete;
  • (b) You will maintain the accuracy of such information and promptly update such registration information as necessary;
  • (c) You have the legal capacity and you agree to comply with this Agreement
  • (d) You are not a minor in the jurisdiction in which you reside;
  • (e) You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;
  • (f) You will not use the Platform for any illegal or unauthorised purpose;
  • (g) Your use of the Platform will not violate any applicable law or regulation.

8.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

9. FEES AND PAYMENT

9.1 We may, at our sole discretion, offer a subscription to the services or certain parts of the services on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

9.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or we cancels. You may cancel your Subscription renewal either through your online account management page or by contacting Athletic Ventures customer support team.

9.3 A valid payment method, including credit card or other permitted payment method, is required to process the payment for your Subscription. You shall provide Athletic Ventures with accurate and complete billing information including full name, address, state, post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Athletic Ventures to charge all Subscription fees incurred through your account to any such payment instruments.

9.4 Should automatic billing fail to occur for any reason, Athletic Ventures will issue an electronic notification reminding you of the failure of the automatic billing and may also issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

9.5 Athletic Ventures, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Athletic Ventures will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

9.6 Your continued use of the Platform after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9.7 Certain refund requests may be considered by Athletic Ventures on a case-by-case basis and granted at the sole discretion of Athletic Ventures.

10. PROHIBITED ACTIVITIES

10.1 You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

  1. As a user of the Platform, you agree not to:
    • (a) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • (b) Make any unauthorised use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    • (c) Use a buying agent or purchasing agent to make purchases on the Platform.
    • (d) Use the Platform to advertise or offer to sell goods and services.
    • (e) Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
    • (f) Engage in unauthorised framing of or linking to the Platform.
    • (g) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • (h) Make improper use of our support services or submit false reports of abuse or misconduct.
    • (i) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • (j) Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
    • (k) Attempt to impersonate another user or person or use the username of another user.
    • (l) Sell or otherwise transfer your profile.
    • (m) Use any information obtained from the Platform in order to harass, abuse, or harm another person.
    • (n) Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
    • (o) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
    • (p) Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
    • (q) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
    • (r) Delete the copyright or other proprietary rights notice from any Content.
    • (s) Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • (t) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
    • (u) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
    • (v) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorised script or other software.
    • (w) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
    • (x) Use the Platform in a manner inconsistent with any applicable laws or regulations.

11. USER GENERATED CONTRIBUTIONS

11.3 The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

11.2 Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • (a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • (b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and this Agreement.
  • (c) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and this Agreement.
  • (d) Your Contributions are not false, inaccurate, or misleading.
  • (e) Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • (f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • (g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • (h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • (i) Your Contributions do not violate any applicable law, regulation, or rule.
  • (j) Your Contributions do not violate the privacy or publicity rights of any third party.
  • (k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • (l) Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • (m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • (n) Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.

11.3 Any use of the Platform in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Platform.

12. CONTRIBUTION LICENSE

12.1 By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

12.2 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

12.3 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

12.4 We have the right, in our sole and absolute discretion, 

  • (a) to edit, redact, or otherwise change any Contributions;
  • (b) to re-categorise any Contributions to place them in more appropriate locations on the Platform; and 
  • (c) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

13. SOCIAL MEDIA

13.1 As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

  • (a) providing your Third-Party Account login information through the Platform; or
  • (b) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

13.2 You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

13.3 By granting us access to any Third-Party Accounts, you understand that: 

  • (a) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists and
  • (b) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

13.4 Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform.

13.5 You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers.

13.6 We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform.

13.7 You can deactivate the connection between the Platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

14. SUBMISSIONS

14.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

14.2 You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

15. SITE MANAGEMENT

15.1 We reserve the right, but not the obligation, to:

  • (a) monitor the Platform for violations of this Agreement;
  • (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities;
  • (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • (d) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • (e) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

16. PRIVACY POLICY

We reserve the right, but not the obligation, to:

a) monitor the Platform for violations of this Agreement;
(b) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities;
(c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(d) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(e) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

17. PRIVACY POLICY

17.1 We care about data privacy and security. Please review our Privacy Policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement. Please be advised the Platform is hosted in Australia. 

17.2 If you access the Platform from the United States, European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Platform, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

18. TERM AND TERMINATION

18.1 This Agreement shall remain in full force and effect while you use the Platform. Without limiting any other provision of this agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in this agreement or of any applicable law or regulation. We may terminate your use or participation in the platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

18.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. MODIFICATIONS AND INTERRUPTIONS

19.1 We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.

19.2 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

19.3 We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you.

19.4 You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in this Agreement will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW

20.1 These Terms and Conditions and your use of the Platform are governed by and construed in accordance with the laws of the State of New South Wales applicable to agreements made and to be entirely performed within the State of New South Wales, without regard to its conflict of law principles.

21. CORRECTIONS

21.1 There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

22. DISCLAIMER

22.1 Use at your own risk: The platform, its content, and any services or items obtained through the platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Athletic Ventures nor any person associated with Athletic Ventures makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the platform.

22.2 Disclaimer of warranties: Without limiting the foregoing, neither Athletic Ventures nor anyone associated with athletic ventures represents or warrants that the platform, its content, or any services or items obtained through the platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our platform or the server that makes it available are free of viruses or other harmful components, or that the platform or any services or items obtained through the platform will otherwise meet your needs or expectations.

22.3 Third-Party Content and Offers Disclaimer: The Platform may contain links to third-party websites, content, or offers. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

22.4 Disclaimer of liability for third-party content: Athletic Ventures hereby disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the platform, or by anyone who may be informed of any of its contents. Any reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favoring by Athletic Ventures.

22.5 Investment and financial disclaimer: Athletic Ventures Pty Ltd ACN 642 501 339 is a corporate authorised representative (CAR Number 1285494) of Boutique Capital Pty Ltd ACN 621 697 621 AFSL 508011. Any information or advice is general advice only and has been prepared by Athletic Ventures for individuals identified as wholesale investors for the purposes of providing a financial product or financial service, under Section 761G or Section 761GA of the Corporations Act 2001 (Cth). Any information or advice given does not take into account your particular objectives, financial situation or needs and before acting on the advice, you should consider the appropriateness of the advice, having regard to your objectives, financial situation and needs. If any advice relates to the acquisition, or possible acquisition, of a particular financial product you should read any relevant Product Disclosure Statement or like instrument and consult your own professional advisers about legal, tax, financial or other matters relevant to the suitability of this information.

Any investment(s) summarised are subject to known and unknown risks, some of which are beyond the control of Athletic Ventures and their directors, employees, advisers or agents. Athletic Ventures does not guarantee any particular rate of return or the performance, nor does Athletic Ventures and its directors personally guarantee the repayment of capital or any particular tax treatment. Past performance is not indicative of future performance.

All investments carry some level of risk, and there is typically a direct relationship between risk and return. We describe what steps we take to mitigate risk (where possible) in the investment documentation, which must be read prior to investing. It is important to note that risk cannot be mitigated completely

22.6 Further Investment and financial disclaimer: All information provided on the platform is for informational purposes only and should not be construed as financial or investment advice. Athletic Ventures is not a financial advisor, broker, or registered investment advisor. The content on the platform, including any information about investment opportunities, market trends, or financial strategies, does not constitute a recommendation or solicitation to buy, sell, or hold any security or financial product. Users should always conduct their own due diligence and seek professional advice before making any investment decisions. Athletic Ventures does not guarantee any investment performance, outcome, or returns.

22.7 Forward-looking statements: The platform may contain certain forward-looking statements and information relating to Athletic Ventures that are based on the beliefs of athletic ventures as well as assumptions made by and information currently available to Athletic Ventures. These statements include, but are not limited to, statements about athletic ventures’ strategies, plans, objectives, expectations, intentions, expenditures, and assumptions. Such statements reflect the current view of athletic ventures with respect to future events and are subject to risks, uncertainties, assumptions, and changes in circumstances that may cause actual results, performance, or achievements to differ materially from those expressed or implied in any forward-looking statements.

22.8 Disclaimer of warranties for external links: The platform may contain links to external websites that are not provided or maintained by or in any way affiliated with athletic ventures. Please note that Athletic Ventures does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

23. LIMITATIONS OF LIABILITY

23.1 Limitation of liability: To the fullest extent provided by law, in no event will athletic ventures, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the platform, any websites linked to it, any content on the platform or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

23.2 Limitation of liability amount: The foregoing does not affect any liability that cannot be excluded or limited under applicable law. In any event, the total liability of athletic ventures for any claim arising out of or relating to these terms of use or our platform, regardless of the form of the action, is limited to the greater of $100 or the amount paid, if any, by you to athletic ventures for the specific service or feature from which the claim arose.

23.3 Acknowledgment: You acknowledge that you have read these disclaimers and limitations of liability, understand them, and agree to be bound by them. You understand that by using the platform, you are agreeing to these disclaimers and limitations of liability.

24. INDEMNIFICATION

24.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • (a) your Contributions;
  • (b) use of the Platform;
  • (c) breach of this Agreement;
  • (d) any breach of your representations and warranties set forth in this Agreement;
  • (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • (f) any overt harmful act toward any other user of the Platform with whom you connected via the Platform.

24.2 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. USER DATA

25.1 We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform.

25.2 You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26.1 Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.

26.2 You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the platform.

26.3 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. MISCELLANEOUS

27.1 This Agreement and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

27.2 This Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

27.3 If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

27.4 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Platform. You agree that this Agreement will not be construed against us by virtue of having drafted them.

27.5 You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

28. CONTACT US

27.1 In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at:

Athletic Ventures Pty Ltd
1/ 571 South Dowling Street, Surry Hills, NSW 2010, Australia
team@athletic.vc

Any email communication from Athletic Ventures is for informational purposes only. It does not constitute investment or financial advice nor an offer to acquire a financial product. Before acting on any information contained in our emails, each person should obtain independent taxation, financial and legal advice relating to this information and consider it carefully before making any decision or recommendation. This information is intended only for wholesale clients within the meaning of s761G and s761GA of the Corporations Act 2001 (Cth).

These Terms and Conditions were last updated on 30 September 2024