PLAYHQ (CRICKET AUSTRALIA) – TERMS OF USE

These terms apply to your use of the Application (Terms of Use). By downloading or using the Application, you agree to be bound by these Terms of Use. If you are under the age of 15 years old, you agree that your parent/guardian has agreed to these Terms of Use on your behalf.

1. Licence

1.1 Subject to, and in accordance with these Terms of Use Cricket Australia (ACN 006 089 130) (Cricket Australia) grants you a personal, non-exclusive, non-transferrable, revocable licence (Licence) to use the Application.

1.2 These Terms of Use may be amended from time to time.

1.3 Cricket Australia reserves the right to suspend, terminate or otherwise deal with your Licence in relation to the Application and its content at any time.

1.4 Cricket Australia reserves the right to vary these Terms of Use from time to time. You agree to be bound by varied Terms of Use by continuing to use the Application.

Restrictions

1.5 You must not use the Application for the following:

  1. to impersonate any person or entity;
  2. in a manner that, in CA’s sole discretion, restricts or inhibits any other user from using or enjoying the Application;
  3. to solicit login information or access an account belonging to someone else;
  4. to bully, intimidate, or harass any user; and
  5. to facilitate or encourage any violations of these Terms of Use.

1.6 You must not:

  1. reverse engineer, decompile, or disassemble the Application;
  2. reproduce, modify, enhance, translate, alter, tamper with, upgrade or create derivative works of the whole or any part of the Application or combine, integrate or incorporate the whole or any part of the Application in any other software or system;
  3. remove, alter, obscure or deface any:
    1. patent, copyright, trademark, or proprietary rights notices of Cricket Australia or its licensors;
    2. trade mark, service mark, get up, livery, logo or branding, proprietary or restricted use legend; or
    3. disclaimer, warning, instruction or advisory notice,
    4. which are contained in or affixed to the Application; or

  4. do anything that would prejudice Cricket Australia’s right, title or interest in the Application.

1.7 You must not:

  1. do anything with the Application that is not expressly authorised under these Terms of Use (including copying, retransmitting, relaying, selling the Application to anyone else); or
  2. attempt to circumvent or modify any technological measure used to apply the terms set out in these Terms of Use.

1.8 You must not disrupt or try to disrupt the Application or use the Application to distribute software viruses or other harmful programs, including by uploading, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.

1.9 You must not infringe any applicable laws, regulations or Cricket Australia policies when accessing the Application.

1.10 Cricket Australia may terminate or suspend your Account, or disable or remove your access to specific parts of the Application, if we believe you have violated these Terms of Use. Cricket Australia will determine the action to be taken in its sole discretion.

1.11 If Cricket Australia takes any action to suspend or terminate your access to the Application pursuant to clause 1.13, you agree that you will not create another Account without Cricket Australia’s permission, or take any other action to circumvent Cricket Australia’s suspension or termination of access.

Acknowledgments

1.12 You acknowledge that Cricket Australia has absolute editorial control over the Application and all contain contained within it at all times. Cricket Australia reserves its right to modify, suspend or discontinue all or any part of the Application without giving you any notice.

2. Using the Application

Your conduct

2.1 As a condition of your use of the Application, you warrant to CA that you will not use the Application for any purpose that is unlawful or in a manner prohibited by these Terms of Use.

User Generated Content

2.2 In relation to any content or materials you publish, distribute, transmit or disseminate on or upload to the Application (User Generated Content), you agree that such User Generated Content:

  1. will not be unlawful, obscene, defamatory, indecent, offensive, inappropriate or racially, ethnically or otherwise objectionable (including without limitation by containing hate speech, threatening content, pornographic content or content that incites violence or contains nudity or graphic or gratuitous violence) (as determined by Cricket Australia acting in its discretion);
  2. will not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  3. will not contain anyone's identification documents or sensitive financial information; and
  4. will not promote any unsolicited or unauthorised advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming (with the exception of Administrators posting promotions on behalf of club sponsors or commercial partners).

2.3 By posting or submitting User Generated Content to the Application, you represent and warrant that:

  1. you own all the rights to the User Generated Content or are authorised to use and distribute the content via the Application; and
  2. the User Generated Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation. If you repeatedly infringe a third party's intellectual property rights, we will disable your account when appropriate.

2.4 If we believe that your User Generated Content violates these Terms of Use or any third party’s rights, we can remove such User Generated Content.

2.5 Cricket Australia reserves the right to review or pre-screen (or have a third party review on its behalf) the User Generated Content prior to being submitted or uploaded to the Application. Cricket Australia may refuse to publish or remove User Generated Content that, in its sole discretion, does not meet its standards or does not comply with these Terms of Use. Cricket Australia is not responsible for any failure to or delay in publishing such User Generated Content.

2.6 You grant Cricket Australia a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your User Generated Content without restriction, and agree that Cricket Australia can publish, modify, adapt and retransmit to others any User Generated Content free of charge, subject to the Cricket Australia Privacy Policy.

3. Privacy

3.1 As an Application user, you will periodically receive e-mails. In addition, you may periodically receive information by e-mail regarding updates and new offerings regarding the Application and other products and services of Cricket Australia and its partners. If you wish to change your email preferences at any time you can contact Cricket Australia as set out in the Australian Cricket Privacy Policy (which is located at cricket.com.au/privacy) (Privacy Policy).

3.2 Cricket Australia may collect device-specific information when you install, access, or use the Application. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information, and device identifiers. We collect device location information if you use our location features on the Application.

3.3 The personal information which Cricket Australia and the State or Territory cricket associations, including the Big Bash League teams (together, Australian Cricket) collects, is used for the purposes set out in these Terms of Use, as well as to otherwise communicate with you in relation to information and offers from Australian Cricket, to provide Australian Cricket’s products and services, and for any of the purposes set out in the Privacy Policy.

3.4 By agreeing to these Terms of Use, you agree your personal information will be disclosed to, and used by, Australian Cricket under these Terms of Use and the Privacy Policy, which contains information about how we access and seek to collect your personal information or complain about a breach of your privacy, and how Australian Cricket will deal with that complaint. Australian Cricket may disclose your personal information to other parties, including Australian Cricket’s third party service providers, who may be located (and so your personal information may be disclosed) in India, the USA and the UK and other countries from time to time. Australian Cricket may use and disclose your personal information for direct marketing purposes unless you opt out (which you can do at any time in accordance with the Privacy Policy). You can request to access, update or correct any personal information Australian Cricket holds about you by writing to Cricket Australia’s Privacy Officer at 60 Jolimont Street, Jolimont, VIC 3002 or sending an email to privacy@cricket.com.au..

Sharing Information

3.5 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. 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. Except as otherwise set out in these Terms of Use, 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.

4. Access to the Application

4.1 To obtain access to the Application, you will either:

  1. enter as a guest, which will limit your access to some functionality of the Application; or
  2. be required to create an account through the Application (Account).

4.2 For the avoidance of doubt, these Terms of Use apply whether you use the Application as a guest or through an Account.

4.3 You agree not to share, transfer, lease, assign or sub-license your Account without Cricket Australia’s prior written consent.

4.4 You agree to:

  1. provide current, complete, true and accurate information in relation to the Account;
  2. maintain and update your information as required to keep it current, complete and accurate; and
  3. provide additional information about yourself as may be requested by Cricket Australia from time to time.

4.5 Please note that Cricket Australia may use such information in accordance with the Privacy Policy.

4.6 You acknowledge and agree that:

  1. that you shall be solely liable and responsible for all activities that occur under your Password; and
  2. that Cricket Australia shall not be responsible for your failure to comply with this clause or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than Cricket Australia.

5. Intellectual Property

5.1 You acknowledge that the Application is licensed to you, and that no ownership rights in the Application pass to you, and that you must use the Application only in accordance with these Terms of Use.

5.2 All Intellectual Property Rights, including adaptations, translations and derivative works in the Application (excluding the User Generated Content) 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.

5.3 All Intellectual Property Rights in the content, software and systems owned by or licensed to Cricket Australia in respect of the Application, including video, audio, images, text, logos, names, designs, trademarks and copyright are reserved to Cricket Australia and any of its third party licensors (as applicable).

5.4 The Application includes several registered and unregistered trade marks owned by Cricket Australia, including without limitation “Cricket Australia” and “Cricket Blast” and each of their associated logos, and all rights in respect of these trade marks are reserved. You may not use any of Cricket Australia’s intellectual property without the prior written consent of Cricket Australia.

5.5 Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Application is strictly prohibited without Cricket Australia's prior written consent. Systematic retrieval of data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Cricket Australia is prohibited.

6. Liability

6.1 Cricket Australia does not promise that you will have uninterrupted or error-free access to and use of the Application or that the content of the Application is accurate, complete, or suitable for a particular purpose.

6.2 Subject to clause 6.3, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms of Use by legislation, common law, equity, trade, customer or usage are excluded to the maximum extent permitted by law.

6.3 Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

6.4 Where Cricket Australia’s liability cannot be lawfully excluded, it is limited at the option of Cricket Australia, to:

  1. the resupplying of access to and use of the Application; or
  2. the payment of the cost of having access to and use of the Application supplied again.

6.5 Subject to this clause 6, the maximum aggregate liability of Cricket Australia for all proven losses, damages and claims arising out of or in connection with these Terms of Use, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of $100.

6.6 To the maximum extent permitted by law, Cricket Australia and any of its Personnel, licencors and/or suppliers will not have any liability for any indirect or Consequential Losses whatsoever for any reason arising in connection with these Terms of Use and/or the use of the Application.

7. Indemnity

7.1 You will at all times indemnify 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 your use of the Application or breach of these Terms of Use, except to the extent that any liability, loss or damage is solely and directly caused by the willful misconduct or negligence of those indemnified.

8. Advertising and Links to Websites

8.1 The Application 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 link to any Linked Site or Subsequent Site entirely at your own risk.

9. General

9.1 These Terms of Use will be governed by and construed in accordance with the laws of the Victoria which shall have exclusive jurisdiction over any disputes.

9.2 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

9.3 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.

9.4 You must not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.

10. Definitions

10.1 Application means the PlayHQ website, and the PlayHQ App, hosted on behalf of Cricket Australia through which Cricket Blast details and statistics, scores, fixtures and results are accessible.

10.2 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.

10.3 Intellectual Property Rights includes all intellectual property rights whether registered or unregistered including:

  1. copyright, patent, trademark, design, registered design, trademarks, trade or other protected rights, or related rights, existing worldwide; and
  2. 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),
  3. whenever created.

10.4 Personnel means directors, officers, employees, agents and contractors.