Website Terms and Conditions of Use

Terms
By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. 

Hereinafter, Ballsy, Inc. (“Ballsy”) shall be referred to as the "Company".

 

Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on Company's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • i. modify or copy the materials;
  • ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • iii. attempt to decompile or reverse engineer any software contained on Ballsy's website;
  • iv. remove any copyright or other proprietary notations from the materials; or
  • v. transfer the materials to another person or mirror; the materials on any other server.


b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

     

    Disclaimer

    The materials on Company's website are provided. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

     
    Limitations

    In no event shall the Company or its suppliers be liable for any damages (including, without limitation damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if the Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

     

    Revisions and Errata

    The materials appearing on Company's web site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, make any commitment to update the materials.

     

    Links

    The Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked web site is at the user's own risk.

     

    Site Terms of Use Modifications

    The Company may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

     

    Governing Law

    Any claim relating to Ballsy's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

     

    General Terms and Conditions applicable to Use of a Web Site.

    Privacy Policy

    Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

    Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

    We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

    We will only retain personal information as long as necessary for the fulfillment of those purposes.

    We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

    Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to- date.

    We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

    We will make readily available to customer’s information about our policies and practices relating to the management of personal information.

    We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

    Our site uses a third parties (such as AdRoll) and may place cookies on your browsers for targeted advertising purposes.

    For information on opting opt please visit this site.
     

    UK ORDERS ONLY
    Schedule 1. Terms of Service

    1. You are shopping on a merchant's website (the “Merchant"). If you place an order with the Merchant for delivery to an address in the UK (a “Qualifying Customer Order"), where the total value of the Products comprising of that order does not exceed 135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising of that order are sent in separate consignments the value of which does not exceed 135 (one hundred and thirty five) British Pounds Sterling, the Products will be sold by Passport Global Limited (“Passport"), in the way we describe below.

    2. If you place a Qualifying Customer Order, the item(s) that you are purchasing will be sold first by the Merchant to Passport, and then by Passport to you. Passport becomes the “Supplier" of goods for UK VAT purposes in relation to your purchase. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport complete your Customer Order.

    3. Your Qualifying Customer Order is subject to: (1) these Terms of Service; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by allof these.

    4. By placing a Customer Order on the Merchant's website, you understand and agree that:

    • 4.1 You are dealing with and providing your information to Passport. Passport is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Passport may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.
    • 4.2 If there is an error in the price listed for a product on the Merchant's website, or in the price applied to the product during the sale of and processing of your order for the product, Passport is entitled to contact you, correct the price and/or cancel your order.
    • 4.3 The Merchant remains responsible for handling payment for your order.
    • 4.4 Once your payment is processed, ownership in the items will shift from Passport, to you, and, the items in your order will be provided to a carrier for shipment to you.
    • 4.5 Passport or the Merchant will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.
    • 4.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
    • 4.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

    5. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

    6. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant's terms and conditions.

    7. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

    8. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. Youmust comply with such protocols and policies, including card authentication, and "ship to" and "bill to addressverification. Once an order is placed, you may not change any authenticated payment information or any verified "shipto"/"bill to address. If there is a systemic error which results in the processing or acceptance of a transaction for whichauthorisation has been declined, that transaction will be void. 

    9. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant's policy, including to reimburse you for the original sales prices of returned products. Passport may refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against Merchant.

    10. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant's website:

    • 10.1 Compliance with Applicable laws. You certify that any products purchased through a Qualifying Customer Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, nor It is your responsibility to know the laws of the country into which you are importing any products that you order from the Merchant's website. By placing an Qualifying Customer Order you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate anylaws or regulations of that country.
    • 10.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with Passport's Privacy Policy. Passport accepts no liability or responsibility for thecollection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant's privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant's Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.
    • 10.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant's website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
    • 10.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms of Service atany time. Passportwill ensure that the current version of these Terms of Service is presented every time you make a Qualifying Customer Order on the Merchant's website. You are responsible for reviewing these Terms of Service eachtime you make a Customer Service. If you do not agree to any change in the Terms of Service, you must not completeyour order. Any order placed after the effective date of a change will constitute your agreement to the change and tothe current Terms of Service.
    • 10.5 Severability. If any or any portion of these Terms of Service is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
    • 10.6 Proceedings. Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
    • 10.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.