1. Using the Subscription Service
- If you subscribe to the Subscription Service these Subscription Terms will apply.
2. Subscription Service
- The Subscription Service is available via the Application as an In App purchase or for purchase online at www.cricket.com.au/livepass
- As part of the Subscription Service you can subscribe to a 365 Pass or Day Pass. When you subscribe, you will receive access to the Cricket Australia Live Matches on your compatible Apple iOS or Android powered handset or online at www.cricket.com.au/livepass for the duration of your subscription.
- The cost of the Subscription Service is:
Subscription option Cost Day Pass $4.99 for 24 hours 365 Pass $29.99 per year
- The Day Pass provides you with 24 hours of access to the Cricket Australia Live Matches commencing from the time that the Day Pass is purchased. The 365 Pass provides you with access for one year (365 days) from the time that the 365 Pass is purchased. Your Day Pass does not automatically renew. Your 365 Pass will automatically renew if you have purchased this via iTunes or Google Play™. For you to cancel your subscription you will need to do so in accordance with clause 2.8.
- Notwithstanding clause 2.4, if you subscribed previously to a 'Season Pass' or a 'Cricket Family Pass' during the 2013-14 Australian cricket season your pass will not automatically renew.
- The Subscription Service is a streaming video content service which does not allow permanent download of Cricket Australia Live Matches. The Application and the Subscription Service is provided for your personal, non-commercial use only. You must not download (other than for temporary caching purposes as part of the video streaming process), retain, store, reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble Cricket Australia content, or authorise, allow or provide the means for others to do any of these things, without obtaining Cricket Australia's prior written permission.
- Multiple device compatibility allows your use of the Subscription Service to be shared across up to five (5) compatible web or mobile devices linked to the unique Apple ID or Google ID. This is subject to the Apple App Store™ and Google Play™ rules and can be amended from time to time without warning.
- You can cancel your 365 Pass subscription at any time by managing this within your iTunes or Google Play™ account settings. Please note however that you will not be entitled to any refund of the fee (or any part of it) that Cricket Australia has already charged you for your 365 Pass subscription. Day Passes cannot be cancelled.
- You may only watch the Cricket Australia Live Matches in Australia and from IP addresses located within Australia.
- Cricket Australia may, from time to time in its absolute discretion, change the broadcast times of Cricket Australia Live Matches without telling you beforehand.
Multiple device compatibility
Cancelling your subscription
Subscription Service only for use in Australia
Changes to the Cricket Australia Live Matches
3. Using the Application and Subscription Service
- The Application and Subscription Service requires network connectivity and location services to function properly. Please note that poor signal quality (dependent on your location and service provider) may slow down or prevent the Application or Subscription Service from working at optimum speed. If you have concerns regarding the quality of your signal strength, please contact your mobile network service provider directly.
- You are solely responsible for paying all expenses you may incur when you access or use the Application or Subscription Service, your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use the Application, Subscription Service and any other services included in the Application.
- Cricket Australia is not responsible if your equipment or software is not compatible with the Application or Subscription Service.
- You can only view the Cricket Australia Live Matches at the time and in the limited screen format Cricket Australia makes them available for you to view on your device. Cricket Australia does not archive the Cricket Australia Live Matches for you to access and view later.
- When you subscribe to the 365 Pass or Day Pass, you agree, as the relevant mobile service account holder, to Cricket Australia and its service providers collecting and using the location of your mobile handset to provide you with the Cricket Australia Live Matches.
Data usage charges and other costs
- Cricket Australia grants you a personal, non-exclusive, non-transferrable, revocable licence (Licence) to use the Cricket Australia Live Application (Application) and the Website (in relation to the Subscription Service).
- Cricket Australia reserves the right to suspend, terminate or otherwise deal with your Licence in relation to the Application or the Website and their content at any time.
The Subscription Service is only accessible where your IP address is located within Australia and via the following platforms or devices owned and controlled by you:
- supported web browsers
- supported iOS devices;
- supported Android devices;
- supported Microsoft Windows platforms on a portable device.
- The Application and Subscription Service may not be used on other unsupported platforms or devices.
- The Subscription Service will not be available on Apple TV.
You must not:
- yourself, or permit others to sell, rent, lease, sub-license, lend, assign, time-share, distribute or otherwise make the Application or Subscription Service available to any third party;
- reverse engineer, decompile, or disassemble the Application or Subscription Service;
- reproduce, modify, enhance, translate, alter, tamper with, upgrade or create derivative works of the whole or any part of the Application or Subscription Service or combine, integrate or incorporate the whole or any part of the Application or Subscription Service in any other software or system;
remove, alter, obscure or deface any:
- patent, copyright, trademark, or proprietary rights notices of Cricket Australia or its licensors;
- trade mark, service mark, get up, livery, logo or branding, proprietary or restricted use legend; or
- disclaimer, warning, instruction or advisory notice, which are contained in or affixed to the Application or Subscription Service; or
- do anything that would prejudice Cricket Australia’s right, title or interest in the Application or Subscription Service.
You must not
- You must not directly or indirectly charge others for accessing, viewing or listening to any Cricket Australia Live Matches, or attempt to commercialise or exploit the Cricket Australia Live Matches in any way, which includes advertising or selling any goods and services which offer Cricket Australia Content, including any third party software applications.
- You must not disrupt or try to disrupt the Application, Website or Subscription Service or use the Cricket Australia Application or Website to distribute software viruses or other harmful programs.
- You must not disrupt or try to disrupt the Application, Website or Subscription Service or use the Cricket Australia Application or Website to distribute software viruses or other harmful programs.
- You acknowledge that Cricket Australia has absolute editorial control over all Cricket Australia content at all times. Cricket Australia reserves its right to modify, suspend or discontinue all or any part of the Application or Subscription Service without giving you any notice.
- All Application and Subscription Service users will be automatically registered as a member of the Australian Cricket Family. The Australian Cricket Family is the official membership for Australian cricket fans giving members benefits such as priority access to tickets, newsletters containing exclusive blogs from our Australian players and coaches and exclusive offers and competitions. For more information or to manage your communication preferences or unsubscribe from the Australian Cricket Family you can visit the following site: www.cricket.com.au/acf
- Cricket Australia may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application and Subscription Service. Cricket Australia may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Subject to clause 5.1, 5.2 and 5.3, third parties that Cricket Australia contracts with to help provide our services cannot use your personal information for their own purposes without your express consent.
6. Access to the Application and Subscription Service
To obtain access to the Application and Subscription Service, you will be required to register, either by connecting your Facebook, Twitter or Google+ account in accordance with clause 7 or creating an account using an email address and password (collectively, the Password). You agree to:
- provide current, complete, true and accurate information;
- maintain and update your information as required to keep it current, complete and accurate; and
- provide additional information about yourself as may be requested by Cricket Australia from time to time.
- that you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your device and your Password;
- not to share, transfer, lease, assign or sublicense any Password without Cricket Australia’s prior written consent;
- not to circumvent the password restrictions on the device or Website, nor allow others to do so on your behalf;
- not to use anyone else’s password; and
- to notify Cricket Australia immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that:
- your subscription to the Subscription Service is personal to you and that you will not share your Password or grant any other person access to the Subscription Service, using your Password or otherwise, without Cricket Australia’s prior written consent;
- that you shall be solely liable and responsible for all activities that occur under your Password; and
- (c) that Cricket Australia shall not be responsible for your failure to comply with this clause 6 or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than Cricket Australia.
7. Connecting with Cricket Australia via Email, Facebook, Twitter or Google+
- If you connect to the Application using your email address, Facebook, Twitter or Google+ credentials these Connection Terms apply.
Cricket Australia may use the information Cricket Australia collects, including your personal information, to:
- provide, personalise, and improve your experience with the Application and products and services made available through the Application, for example by providing customised or localised content and advertising;
- ensure technical functioning of the Application and products and services made available through the Application, develop new products and services, and analyse your use of the Application, including your interaction with applications, advertising, products and services that are made available, linked to or offered in the Application;
- communicate with you for Application-related purposes, including promotional e-mails or messages;
- enable and promote the Application, including features and content of the Application and products and services made available through the Application.
8. Updates and New Releases
Cricket Australia may make available Updates for the Application or Subscription Service that may incorporate:
- corrections of any substantial defects;
- fixes of any minor bugs; and
- at the sole discretion of Cricket Australia, enhancements to the Application or Subscription Service.
- You may accept and use any Update that Cricket Australia makes available by downloading or accessing the Updates.
- Cricket Australia is responsible for maintenance and support but only to the extent required by any applicable laws. Apple and Google Inc. (Google) are not responsible for any maintenance and support in connection with the Application or Subscription Service.
9. Intellectual Property
- All Intellectual Property Rights, including adaptations, translations and derivative works in the Application and Subscription Service are the exclusive property of Cricket Australia (or its licensors, if applicable), and vest in or are transferred to Cricket Australia immediately upon creation, as the case may be.
- All Intellectual Property Rights in the content, software and systems owned by or licensed to Cricket Australia in respect of the Application and Subscription Service, including video, audio, images, text, logos, names, designs, trademarks and copyright are reserved to Cricket Australia and any of its third party licensors permitting Cricket Australia to make Cricket Australia Live Matches accessible via the Application or the Website.
- "Cricket Australia", "Ashes", "Big Bash League" and each of their associated logos are trademarks of Cricket Australia and all rights are reserved.
10. Product Claims
Cricket Australia, and not Apple, is responsible for addressing any of your claims or any third party relating to the Application or Subscription Service including, but not limited to:
- product liability claims;
- any claim that the Application or Subscription Service fails to conform to any applicable legal or regulatory requirement; and
- claims arising under the Australian Consumer Law or similar legislation.
- All complaints and claims should be directed to Cricket Australia.
Where Cricket Australia’s liability cannot be lawfully excluded, it is limited at the option of Cricket Australia, to:
- the resupplying of access to and use of the Application or Subscription Service;
- the payment of the cost of having access to and use of the Application or Subscription Service supplied again; or
- the refund of the amounts paid by you for your subscription to access and use the Application or Subscription Service.
Limitation on Liability
- You agree that your access to and use of the Application and Subscription Service will be at your sole risk.
You will at all times indemnify Cricket Australia and will continue to indemnify, hold harmless and defend Cricket Australia and its principals, agents, servants and employees (in this clause referred to as 'those indemnified') from and against all liabilities, costs and expenses suffered or incurred by any of those indemnified including, without limitation, all reasonable legal fees incurred by those indemnified, arising out of or in connection with any of the following, except to the extent that any liability, loss or damage is solely and directly caused by the wilful misconduct or negligence of those indemnified:
- any unauthorised use or disclosure of the Application or Subscription Service by you;
any claim by a third party as a result or arising out of:
- the use of the Application or Website by any means and in any form that was not specifically approved by Cricket Australia;
- the use of the Application or Website in a manner or for a purpose not reasonably contemplated or not authorised by Cricket Australia;
- the modification, adaptation, merger or alteration of the Application or Website without Cricket Australia’s prior written consent; or
- any wilful, unlawful or negligent act or omission by you.
- Nothing in this agreement authorises you to defend, compromise or settle any claim or proceedings on Cricket Australia’s behalf.
13. Advertising and Links to Websites
- The Application and Subscription Service may contain links to third party sites (Linked Sites). Linked Sites are not under Cricket Australia’s control and Cricket Australia is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). Cricket Australia provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Cricket Australia or by its Personnel. You click through to any Linked Site or Subsequent Site entirely at your own risk.
- Neither Cricket Australia nor its Personnel give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor does Cricket Australia or accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
- modifications to the Application that were effected or attempted by a person other than Cricket Australia or its authorised representatives;
- access and use of the Application or Subscription Service;
- accessing the Cricket Australia Live Matches;
- any act, error, fault, neglect, misuse or omission of you; or
Cricket Australia does not promise you any of the following with respect to your use of the Application or Subscription Service:
- that you will have uninterrupted or error-free access to and use of the Application or Subscription Service;
- that the content of the Application is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment in relation to any matter of that type;
- that your internet or mobile service provider will allow you access to the Application or Website. You are responsible for ensuring your service provider will allow you access to the Application or Website and its content and for any costs and service fees associated with the access; or
- that your computer, mobile or other hardware devices will allow you access to the Application or Website. You are responsible for ensuring your devices will allow you access to the Application or Website and its content and for any costs and service fees associated with the access.
- Cricket Australia gives no warranty that the Application or Subscription Service does not infringe the Intellectual Property Rights of any person.
- If there are any third party claims relating to Intellectual Property Rights regarding the Application or Subscription Service, Cricket Australia will be responsible, and not Apple, for any investigation, defence, settlement and discharge of any such claim.
- On termination by you, you will not be entitled to any refund of any fee (or any part of it) that Cricket Australia has already charged you in relation to the Application or any associated service including without limitation the Subscription Service.
- On termination by Cricket Australia, you will be entitled to a refund of any fee (or any part of it, on a pro rata basis) that Cricket Australia has already charged you in relation to the Application or any associated service including without limitation the Subscription Service.
You warrant that you are:
- not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
- that you are not listed on any US Government list of prohibited or restricted parties.
- If Cricket Australia elects not to exercise or enforce any right that it has against you at a particular time, this does not prevent Cricket Australia from later seeking to exercise or enforce that right.
- (a) a party (Supplier) makes a taxable supply to another party (Recipient), the Recipient must pay to the Supplier an additional amount equal to the GST payable by the Supplier (unless the consideration for that taxable supply is expressed to include GST). The additional amount must be paid when any consideration for the taxable supply is first paid or provided. The Supplier must provide to the Recipient a tax invoice at the time of payment;
- (b) a party indemnifies, reimburses or makes a contribution (Contribution) to the other party, and the other party can obtain an input tax credit on an acquisition associated with the Contribution, the amount of the Contribution for the first party is reduced by the amount of that input tax credit. The reduction is to be made before any increase under clause 17.7(a); and
- (c) terms are used in this clause, they have the meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- If you need to contact Cricket Australia please do so by emailing email@example.com.
Contacting Cricket Australia
- Connection Terms means the additional terms that apply if you connect to the Application using your email address, Facebook, Twitter or Google+ as set out in clause 18.
- Consequential Loss means indirect, economic, special or consequential loss or damage, including loss of revenue, time, goodwill, data, anticipated savings, opportunity, loss of production, and loss of profit.
- Cricket Australia Live Matches means International Test Matches, One-day International Matches, International Twenty20 Matches, KFC T20 Big Bash League Matches played within Australia under the auspices of Cricket Australia and any other matches Cricket Australia determines from time to time in its absolute discretion. For the avoidance of doubt this excludes any matches hosted on behalf of the International Cricket Council such as the Cricket World Cup 2015.
Intellectual Property Rights includes all intellectual property rights whether registered or unregistered including:
- copyright, patent, trademark, design, registered design, trademarks, trade or other protected rights, or related rights, existing worldwide; and
- any licence, consent, application or right, to use or grant the use of, or apply for the registration of, any of the rights referred to in (a),whenever created.
- Personnel means directors, officers, employees, agents and contractors.
- Subscription Service means using the Application or the Website to access and stream Cricket Australia Live Matches in accordance with the Subscription Terms.
- Subscription Terms means the terms that apply to the Subscription Service as set out in clauses 1 and 2.
- Updates means modifications, enhancements and new versions of the Application.
- Website means the Cricket Australia Website (http://www.cricket.com.au/).
Last updated: 3 November 2014