Agreement
This Agreement is entered into between you and BA Limited (ABN 57 072 484 998) trading as Basketball Australia (we, us, our).
By ticking the “I agree to the Terms & Conditions” box or registering your details with us or accessing, using, viewing, browsing, logging into, ordering or paying for Hoops.TV, Content, or a Plan, you acknowledge that (i) you have read and understood this Agreement, and (ii) you agree to this Agreement. If you do not agree then you must immediately cease using Hoops.TV and your access and use of Hoops.TV, Content or Plans are not permitted.
1.Your Rights to use Hoops.TV & View Content
1.1Subject to your prompt payment of any Fees and your compliance with and observation of any restrictions, limitations or permissions imposed under this Agreement and any Plans, we grant you a personal, non-exclusive, non-transferable, revocable, limited right to access and use Hoops.TV and view available Content thereon during the Term.
1.2References in these terms to ‘access’ to or ‘use’ of Hoops.TV means accessing or using its functionality remotely over the internet.
1.3We do not deliver or install, and you are not entitled to receive or install physical copies of software, source code, object code or other components of Hoops.TV other than downloadable compiled versions that we make available from time to time via the Hoops.TV web address, the Apple App Store, Google Play Store and such other official mobile device stores.
1.4Certain features and functions of Hoops.TV might be subject to:
(a)bandwidth, privacy, speed, storage, time, usage or other restrictions or limitations as detailed in the Plans from time to time; or
(b)age, integrity, governance, location (including geo-blocking), privacy, safeguarding, security or other restrictions or limitations to comply with the law and our policies.
1.5You are required to obtain and maintain the devices, equipment, hardware, software, telecommunications and internet services, third-party services and the like (e.g. mobile phone/tablet, computer) needed for you to access or use Hoops.TV.
1.6Access to and use of Hoops.TV may be impaired or prevented by a variety of factors that are beyond our control e.g. environmental or site conditions, user error, problems with your equipment or internet connectivity. Such factors do not constitute defects in Hoops.TV.
1.7Notwithstanding anything else in this Agreement, we may customise, modify, enhance, adapt, Update or replace Hoops.TV and any Content in our discretion, and references in these terms to ‘Hoops.TV’ and ‘Content’ includes such customisation, modification, enhancement, adaptation, Update or replacement.
1.8We or a Governing Body might, with or without notice, and without liability, remove or redact Content (in part or whole). Additionally, upon your request, the request of a Governing Body or any person impacted by Content we might (in our discretion) remove or redact Content (in part or whole) – and if we choose to do so then we will do so in a reasonable period of time.
1.9We have no control over other Governing Bodies and the Content that they choose or not to upload, remove or redact.
2.Your Obligations and Restrictions
You agree to:
2.1only use or attempt to use Hoops.TV in accordance with this Agreement and any restrictions, limitations or permissions attributable to your user type;
2.2only use or attempt to use Hoops.TV in your own right and not on behalf of or in imitation of a third-party;
2.3comply with the current editions of Documentation we provide or make available to you and reasonable directions that we may issue from time to time regarding your use of Hoops.TV, including any Acceptable Use Policy;
2.4promptly inspect and report to us any material errors, defects or malfunctions in Hoops.TV that you experience or observe;
2.5not use Hoops.TV or any of our know-how or information you obtain for outsourcing, service bureau, resale or other commercialisation purposes;
2.6not do or refrain from doing anything calculated to damage, deny, disrupt, impair, jeopardise or overload Hoops.TV or related systems or our ability to provide you or others with access to Hoops.TV or Content;
2.7not attempt to gain unauthorised access to Hoops.TV, Content, related systems or another customer’s data;
2.8not purport to grant any interest in, sub-licence of or derivative right to use Hoops.TV, except as permitted by clause 1.1;
2.9complete the necessary steps and processes necessary to access and use Hoops.TV;
2.10comply with all applicable laws, including intellectual property, privacy and classification laws;
2.11not to scrape, probe, utilise robotic navigation, bulk extraction or hacking of Hoops.TV;
2.12not to breach the security of Hoops.TV or identifying any security vulnerabilities thereof;
2.13not to interfere with, circumvent, manipulate, impair or disrupt the operation or functionality of Hoops.TV;
2.14not work around or circumvent any technical limitations in Hoops.TV; or
2.15engage in activities which may enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Hoops.TV.
3.Integrations
3.1Hoops.TV may integrate with, communicate with or allow you, third-parties and us to access our, third-party or open source content, environments, platforms, services, software or websites, including other apps, authentication services, streaming platforms, social media platforms, including those owned, operated or licensed by a Governing Body (“Integrations”).
3.2We provide these Integrations in good faith, however, we are not responsible and disclaim all liability in connection with any third-party platforms, including the past, present or future integration with or availability, functionality, longevity, performance, robustness, stability or security of those platforms.
3.3If necessary, you must maintain your own account or subscription or relationship with such third-party (including Governing Body) platforms and ensure that you understand, agree to and comply with any usage policies, restrictions and limitations or terms and conditions applicable to those third-party platforms.
4.Documentation
4.1We may provide you with access to Documentation.
4.2You must use Hoops.TV in accordance with the Documentation, failing which you will be in breach of this Agreement and Hoops.TV may not function as intended.
4.3Documentation is our or our supplier’s confidential information and intellectual property and is provided to you by way of loan for the Term.
5.Administrative credentials
5.1We will issue you “Administrative Credentials” (i.e. user names and passwords) to allow you to access Plans, view Content, set preferences / settings within Hoops.TV. Notwithstanding the foregoing, pursuant to clause 1.4 we might establish restrictions, limitations and permissions attributable to each user type.
5.2You are responsible for keeping your Administrative Credentials confidential and not disclose them to others. You are responsible for the acts, defaults or omissions by you and third parties using your Administrative Credentials.
5.3You agree to promptly notify us if you become aware that an unauthorised third-party has become aware of your Administrative Credentials, so that they can be de-activated and replacements issued.
5.4Without limiting this clause 5 the acts, defaults and omissions of anyone using your Administrative Credentials are taken to be your acts, defaults and omissions.
6.Pricing, Payment & Fulfillment
6.1Our Fees and Plans are made available to you at the time you order access to Hoops.TV, a feature or Plan.
6.2Your access and use of Hoops.TV, or its features, or Plans might be subject to usage, time, bandwidth or other restrictions or limitations and we may charge you additional Fees to overcome or comply with such restrictions or limitations.
6.3Your ability to upgrade or downgrade a Plan (if at all) will be Plan dependent and might by subject to additional Fees, timeframes or conditions which will be detailed at time of upgrade or downgrade (if available).
6.4We will request payment via credit / debit card and such other payment mechanisms within the Hoops.TV app or on our website at time of purchase. Third parties might process such payments – including payment gateways.
6.5Unless indicated otherwise, Fees are ordinarily expressed inclusive of relevant GST and such Fees may change in line with changes in the rate of the relevant GST. If, whether expressly or due to error, any of our Fees are:
(a)expressed as ‘plus’ or ‘exclusive’ of GST; or
(b)we have applied the wrong GST law or rate (including 0%);
then we reserve the right to charge you and you must pay us the relevant and correct GST applicable to such Fee.
6.6Upon our request, including when you register or renew to use Hoops.TV or sign up to a Plan or place an order, you must provide us with a valid and current credit / debit card and/or direct debit request and update the credit / debit card / direct debit details from time to time so that they remain current.
6.7You authorise us, or Pixellot or our Affiliates on our behalf, to charge or debit our Fees and other monies owing to us against the then current credit / debit card or bank account on file.
6.8You must pay our Fees in full and without set-off, withholding or deduction immediately upon ordering Hoops.TV, a feature or Plan or at such agreed intervals, eg monthly, quarterly or annually.
6.9We may charge you interest on any amount which remains unpaid, at the rate of 12% per annum, calculated daily, compounded at the end of each calendar month, from the date the amount was first due until the date we receive payment in full.
6.10We can charge you and you indemnify us for any debt recovery or legal fees, on a full indemnity basis, related to the recovery of unpaid Fees from you.
6.11We can amend our Fees at any time and our then current Fees will either appear in Hoops.TV, on our website or otherwise be provided or quoted to you, including upon renewal, from time to time.
7.Ownership
7.1Pixellot owns the source code in the Hoops.TV application.
7.2We, other Governing Bodies and third-parties are the licensees or exclusive owners of all rights, title and interest (including intellectual property rights) in the Content.
7.3You do not acquire any interest, licenses, rights, or title (including intellectual property rights) in or to Hoops.TV or Content other than the limited right to access and use Hoops.TV and view Content pursuant to this Agreement and within the functional and technical specifications of Hoops.TV.
7.4You must not yourself, or directly or indirectly allow or cause a third-party to, copy, reproduce, recompile, reverse disassemble, decompile or reverse engineer the whole or any part of Hoops.TV or any locking or security device used or supplied with Hoops.TV or otherwise attempt or allow any other party to attempt to decode or obtain the algorithms by which Hoops.TV perform functions.
7.5You must not remove, alter or tamper with any non-disclosure, confidentiality, intellectual property or ownership designations on Hoops.TV or Content, including the following symbols ©, TM, SM, ® or Ⓟ.
8.Security
8.1You are responsible for the security, care, and safekeeping of the computers, devices, equipment or hardware onto which you install, access or use Hoops.TV.
8.2We and our Affiliates endeavour to protect our respective equipment and Hoops.TV against viruses, malware, ransomware, cyber-attacks, trojan horses, worms, time bombs and other similar harmful code or actions which may affect Hoops.TV, as well as vulnerabilities which may expose equipment and Hoops.TV to the risk of intrusion or attack (“Attacks”). We do not, however, guarantee such protection.
8.3You agree to take reasonable steps to prevent Attacks or unauthorised access to Hoops.TV, for example, by keeping your Administrative Credentials confidential and installing & maintaining anti-virus software on your computers, devices, equipment or hardware.
9.Privacy
9.1Our privacy policy (available at our website – www.australia.basketball) applies to the personal information that you provide or we collect.
9.2Each party must comply with its respective obligations under any privacy laws or regulations that apply to such party, including (if applicable) the Australian Privacy Act 1988 or equivalent laws or regulations in other jurisdictions. Notwithstanding or limiting our privacy policy we may transfer your personal information in our possession to:
(a)a third party in consequence of the transfer by us of this Agreement, our business or assets; or
(b)an Affiliate in consequence of clause 14.3.
9.3You consent to us using outside of this Agreement aggregated information regarding use of Hoops.TV by you, including for statistical, reporting and benchmarking purposes. This information will only be used on an aggregated basis and will not include personal information through which you could be identified, subject to any other:
(a)agreement entered into by us with; or
(b)consent directly or indirectly granted to us from;
you or any Governing Body.
10.Warranties
10.1Each party warrants to the other that it has the power to enter into this Agreement and perform its obligations under this Agreement.
10.2Subject to clause 3.1, we warrant to you that Hoops.TV and your use of them in accordance with this Agreement do not infringe the intellectual property of any third-party.
10.3To the extent permitted by law, all warranties not expressly stated in this Agreement, including any implied warranties of merchantability and fitness for a particular purpose are excluded from this Agreement.
10.4Hoops.TV is provided ‘as is’. We do not warrant that the operation of Hoops.TV will be uninterrupted or error-free. To the extent permitted by law, we assume no responsibility for any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of Hoops.TV.
10.5Hoops.TV may display third party advertising. Such advertising is displayed in good faith. To the extent permitted by law, we are not responsible and disclaim all liability in connection with such advertising.
10.6If any legislation implies a guarantee, condition or warranty (a “non-excludable term”) into this Agreement in respect of goods or services supplied, and our liability for breach of that non-excludable term may not be lawfully excluded but may be limited, clauses 10.3 and 10.4 do not apply to that liability and instead our liability for any breach of that non-excludable term is limited to:
(a)in the case of a supply of goods, us doing any one or more of the following (at our election): (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; paying the cost of having the goods repaired; or
(b)in the case of a supply of services, us doing either or both of the following (at our election): (i) supplying the services again; (ii) paying the cost of having the services supplied again.
10.7To the extent permitted by law, you must follow the steps requested by us if you have any claim in respect of Hoops.TV, including an alleged breach of warranty, defect or malfunction.
11.Liability
11.1To the extent permitted by law and otherwise notwithstanding anything else in this Agreement, we and Pixellot are not liable for:
(a)indirect or consequential loss; or
(b)loss of revenue, profits, goodwill, or data
howsoever caused which arises out of or in connection with Hoops.TV or this Agreement, whether or not we have been advised or ought to have known of the possibility of such loss.
11.2To the extent permitted by law, we and Pixellot each limit our aggregate liability to you (whether in contract, under an indemnity, in tort (including for negligence), under statute, in equity or otherwise) for all losses arising under or in connection with this Agreement to an amount equal to the Fees paid by you under this Agreement during the 12 months immediately preceding the date of the event giving rise to the first loss under consideration.
11.3The limitation of liability in clause 11.2 does not apply to a breach of clause 9 (Privacy), which will be capped in the aggregate to AU$200,000.
11.4To the extent permitted by law, you release, indemnify and hold us and each Governing Body harmless, along with our respective directors, officers, employees, agents, contractors, licensors or suppliers, from and against all actions, causes of action, claims, costs, damage, demands, fines, liability, penalties whatsoever arising out of your:
(a)misuse of Hoops.TV;
(b)acts or omissions; or
(c)breach of this Agreement;
whether arising under statute or in contract, tort (including negligence) or any other legal doctrine.
11.5Each party’s liability to the other party under this Agreement is reduced to the extent that the liability was caused or contributed to by the other party.
12.Term, Suspension and Termination
12.1The Agreement and your usage of Hoops.TV or any Plan begins on the Start Date and will continue until the earlier of:
(a)you deleting or uninstalling Hoops.TV from your device;
(b)the expiry or end date (if any) detailed in the relevant Plan; or
(c)termination of this Agreement in accordance with these terms.
(the “Term”).
12.2Your use of and access to Hoops.TV may be:
(a)Suspended by us or Pixellot if we or Pixellot suspect you are breaching any of clauses 2.11 to 2.15 (inclusive); or
(b)Immediately terminated by us if you breach any of clauses 2.11 to 2.15 (inclusive).
12.3You may terminate this Agreement or stop accessing and using Hoops.TV or a Plan at any time for convenience. If so, you will not be entitled to any refund of any pre-paid Fees.
12.4Either party may terminate this Agreement with immediate effect by giving written notice to the other party if the other party breaches this Agreement and:
(a)fails to remedy the breach within 30 days after receiving notice requiring it to do so; or
(b)such breach is incapable of being remedied.
12.5If you are currently on a Plan, then we may terminate this Agreement at any time for convenience by giving you written notice on the lesser of at least (a) 90 days’ or (b) the number of days remaining in your current Plan. If you are not on a Plan, then we may terminate this Agreement at any time for convenience by giving you at least 28 days’ prior written notice. You may not purchase or renew a Plan during the above mentioned notice periods.
12.6Without any liability and in our absolute discretion, we may immediately suspend your use of Hoops.TV or terminate this Agreement at any time with immediate effect if we reasonably believe that you:
(a)might bring us, Hoops.TV or the sport of basketball into disrepute; or
(b)have or will suffer reputational damage or have engaged in conduct, that brings you into disrepute.
12.7If this Agreement is terminated by you under clause 12.4 or 14.7 or by us under clause 12.5, then we will promptly repay to you any prepaid Plan Fees in relation to Plans that were to have been provided after the effective date of termination. This clause 12.7 does not oblige us to provide a refund in respect of any Content or Plans made available to you for such time prior to the effective date of termination.
12.8Clauses 4, 6, 7, 9, 10, 11, 13, 14, 15 and this clause 12 survive the expiration or termination of this Agreement.
12.9The expiration or termination of this Agreement does not affect any right or cause of action which has accrued to a party at or prior to the date of termination, including the right to be paid for services rendered.
13.Dispute resolution
13.1A party claiming that a dispute has arisen under or in connection with this Agreement (“dispute”) must notify the other party giving written details of the dispute. The parties agree to negotiate in good faith on a commercially realistic basis to resolve the dispute within 30 days of initial notification, before commencing any legal proceedings in relation to the dispute. Nothing in this clause will prevent a party from seeking interlocutory relief or debt collection of unpaid Fees.
13.2To the extent permitted by law, any claim, dispute or proceeding arising out of or relating to this Agreement or Hoops.TV must be brought only in an individual capacity and not as a plaintiff, claimant, member or participant in any class action, representative action, collective action or similar proceeding.
14.General
14.1Relationship. No employment, partnership or joint venture relationship is created or exists between the parties.
14.2Assignment. We may assign this Agreement and use sub-contractors.
14.3Affiliates. We might engage our Affiliates to directly or indirectly assist us or provide portions of the goods or services necessary to facilitate:
(a)your access to and usage of Hoops.TV; or
(b)our performance of this Agreement.
14.4Law. The laws of the State of Victoria, Australia govern this Agreement and each party submits to the exclusive jurisdiction of the courts of that State and any courts which may hear appeals from those courts.
14.5Currency. Unless indicated otherwise or due to manifest error, all references to money in this Agreement, Hoops.TV or our website are references to Australian dollars.
14.6Entire Agreement. The Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
14.7Amendment.
(a)We may vary these terms (other than the Fees) from time to time by providing at least 14 days’ written notice to you. If there is an amendment which has a material detrimental impact to you and you do not agree to it then you may terminate this Agreement upon at least 30 days’ written notice to us.
(b)We may vary the Fees (on a prospective basis only) at any time. New Fees applicable to Plans will only come into effect when you renew or acquire a Plan. If you are unwilling to pay the varied Fees, you may terminate this Agreement or a Plan under clause 12.3.
14.8Severance. A term or part of a term of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.
14.9Force Majeure. Neither party is liable to the other for the consequences of any delays or failures of its performance which are caused by any event beyond the first party’s reasonable control, including without limitation accidents, acts of God, Attacks, changes of law, denials of service, fire, flood, industrial action, terrorism, and war. Either party may terminate this Agreement upon at least 14 days’ prior written notice to the other party if such an event occurs and continues for a period of 30 days or more. An obligation to pay money is never excused by Force Majeure.
14.10Clauses. References to clauses in this Agreement are references to the clauses in this Agreement, as distinct to clauses in any other document or contract between the parties (if any).
14.11May or might. Any reference to anything that we, our Affiliates or Hoops.TV ‘may’ or ‘might’ do or not do does not oblige us, our Affiliates or Hoops.TV to do it or refrain from doing it until such time as we or our Affiliates choose.
14.12Benefits to third parties: Where a party (the "covenantor") gives an indemnity or undertaking or assumes some other obligation (each a "relevant commitment") in favour of another party (the "covenantee") and the relevant commitment is also given in favour of or extends to other persons who are not a party to this Agreement, including Affiliates, (the "third party covenantees"), it is agreed that:
(a)the relevant commitment is given for the benefit of the covenantee and the third party covenantees and each of them with the intention that they are entitled to rely on and enforce the relevant commitment;
(b)the benefit of the relevant commitment is held by the covenantee on its own behalf and on trust on behalf of each third party covenantee;
(c)the covenantee may enforce and recover under the relevant commitment for and on behalf of any third party covenantee; and
(d)the covenantee is free to make any amendments to this Agreement without reference to the third party covenantees and to accept monies and settle disputes on behalf of that third party covenantee without reference to the third party covenantee.
15.Glossary
In these terms, the following words have the following meanings:
15.1“Acceptable Use Policy” or “AUP” means the guidelines, rules or codes of conduct regulating the proper and permitted use of Hoops.TV (if any) published by us released and updated from time to time and made available to you as part of the Documentation.
15.2“Affiliates” mean our Related Entities, suppliers, vendors and/or contractors and Governing Bodies.
15.3“Agreement” means this document.
15.4“Content” means the content and intellectual property broadcast, displayed, published or streamed on or via Hoops.TV, including, but not limited to, live or on-demand basketball games, highlights, clips and reels, Onscreen Graphics, Marks, logos, text, images, statistics, sounds, audio and videos.
15.5“Documentation” means user guides, manuals and release notes related to the performance, function and use of Hoops.TV, including any AUP or manufacturer documents.
15.6“Fees” mean the fees charged from time to time for Plans or to access, use or obtain Hoops.TV, Content, goods or services, as amended from time to time, plus any applicable GST.
15.7“Governing Body” means the various organisation/s responsible for the sport of Basketball including at a regional, provincial, state, territory, national or international level, including BA, FIBA, IWBF, A.C.T Basketball Incorporated, New South Wales Basketball Association trading as Basketball NSW, Basketball NT Inc., Basketball Queensland Limited, Basketball SA Incorporated, Basketball Tasmania Incorporated, Basketball Victoria Incorporated, Western Australian Basketball Federation Inc. trading as Basketball WA, and local / regional associations, federations, leagues or unions.
15.8“GST” means Australian goods and services tax.
15.9“Hoops.TV” means the software application and website of the same name and all Content that is broadcast, published, stored or streamed thereon (including behind paywalls).
15.10“Includes”: the words “includes”, “include”, “including”, “for example” or “such as” will be read to mean “includes, but is not limited to”.
15.11“Integrations” are defined in clause 3.1. ‘Integrate’ shall be similarly construed.
15.12“Marks” means BA’s, Governing Body’s or third party name, trademarks, trade names, logos or similar identifiers.
15.13“Onscreen Graphics” mean any text, image, animation or video (with or without audio) of such formats and specifications as determined by us from time to time that may precede, succeed or be overlayed on Content, including advertisements, Marks, names, pre & end rolls, results, scores, statistics, or sponsors.
15.14“Pixellot” means PIXELLOT AU Pty Ltd (ABN 81 694 314 326).
15.15“Plans” mean the various subscriptions, periods, plans, passes and permissions associated with access and usage rights to Hoops.TV, certain Content, or certain Hoops.TV features or functions which might be made available to you to acquire from time to time.
15.16“Related Entity” has the same meaning as defined in the Corporations Act 2001 (Aust).
15.17“Start Date” means the date detailed on your Plan or the date you first accessed, installed or used Hoops.TV.
15.18“Term” has the meaning given by clause 12 of this Agreement.
15.19“Update” means changes to the code, interfaces, features, functions or performance of Hoops.TV and any new versions of, upgrades to and the correction of errors in Hoops.TV that may be made or released from time to time. “Updates” will be similarly construed.
Terms last updated on 15 October 2026.