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CricHQ Limited was placed into receivership on 17 October 2017

The receivers’ do not adopt any pre-receivership contracts or terms of sale and do not accept any personal liability in relation to the below terms and conditions, privacy, services or other that is referenced below

 

CricHQ Terms & Conditions

By viewing and using CricHQ Limited applications, services, platforms, profiles or the CricHQ website (www.CricHQ.com) (together, the website) you are deemed to agree to these terms and conditions of use without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions of use at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.

Privacy policy and personal information

In order to access and use certain content, features and services we may require that you register on the website. You may be asked to provide personal information in order to register on our website and to use the services. We maintain a Privacy Policy. You consent to the release of your personal information to us and to third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: support@CricHQ.com

By registering on our website, you consent to receiving marketing, promotional and other material by way of electronic messages from us. You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our website.

Users outside New Zealand

Our website is operated by CricHQ Limited from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

Copyright and trade marks

The contents of our website are the copyright of CricHQ Limited, its related companies or suppliers to us. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our website.

Linking

The contents of our website may include links to third party materials. We will not be responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link upon our request.

Advertising

Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Communication tools

If you use any communication tools available through our website (such as any profile, forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of our website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our website using the communication tools that we provide, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on our website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: support@CricHQ.com

Compliance with laws

You agree to comply with all laws, regulations, contracts or otherwise in connection with or related to, directly or indirectly, your use of the website.

Exclusion of liability

To the fullest extent permitted by law, we exclude all liability in relation to our website including all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).

Proprietary rights

We do not claim any ownership rights in any content you submit to the website, including information such as cricket statistics and information submitted through the website, any photographs, videos, articles or other content, and all related intellectual property rights (together, the content). You continue to retain any such rights you may have in the content, however, you hereby grant to us a perpetual, irrevocable, fully-paid and royalty-free, sublicensable, transferable and worldwide right to use, modify, delete from, add to, combine with other data, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such content by all means and manners now or later known. You understand that you will not receive any fees, sums, consideration or remuneration for any of the rights granted herein. If you are a minor, you represent and warrant that your parent or legal guardian has consented to you granting the rights herein.

Each time you submit content to, or in connection with, the website, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any content you submitted to, or in connection with, the website and that, as to the content (i) you are the sole author and/or owner of the content inputted by you on, or in connection with, the website or otherwise have the lawful right to grant the license herein, all without any obligation on us to obtain consent of any third party and without creating any obligation or liability on us, (ii) the content is accurate, (iii) the inputting of your content on, or in connection with the website does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity, and (iv) the content will not violate this agreement or cause injury or harm to any person or entity. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of the use of any content submitted by you on, or in connection with, the website.

Except as otherwise described in our privacy policy, you agree that (i) your content will be treated as non-confidential and will not be returned, and (ii) we do not assume any obligation of any kind to you or any third party with respect to your content. Upon our request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with this agreement. You acknowledge that the internet and the technology of the website, and third parties used to enable it, may be subject to breaches of security and that you are aware that the submission of content may not be secure, and you will consider this before submitting content on, or in connection with, the website.

The website contains content of other users (User Content). Except as otherwise provided in this agreement, you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on, or in connection with, the website.

The website may contain content of third party licensors that are not users (Third Party Licensor). Third Party Licensor content is protected by intellectual property rights and other laws, and each Third Party Licensor retains rights in its Third Party Licensor content. You are granted a limited, revocable, non-sublicensable licence to view, or listen to, as applicable, any Third Party Licensor content solely for your personal, non-commercial use in connection with viewing and using the website and in connection with standard search engine activity or use of standard internet browsers (e.g., for making cache copies). Except for the foregoing licence, and except as otherwise expressly provided in writing by us, you are granted no right, title or interest in any Third Party Licensor content. Except as otherwise provided in this agreement, you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third Party Licensor content (except as may be a result of any standard search engine activity or use of a standard internet browser).

This agreement includes only narrow, limited grants of rights to view website content and to use and access the website. No right or licence may be construed under any legal theory, by implication, estoppel, industry custom or otherwise. All rights not expressly granted to you are reserved by us and our licensors and other third parties. Any goodwill that is created in connection with your use of the website inures to us. Any unauthorised use of the website or website content is prohibited.

Indemnity

You will take all necessary action to defend and indemnify CricHQ Limited and any related company of CricHQ Limited and their officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party arising from a breach by you of any of these terms and conditions.

Entire agreement

These terms and conditions form the entire agreement between us and you relating to our website and your use of the website.

General provisions

If at any time we do not enforce any of these terms or conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties. These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.

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CricHQ Privacy Policy

The use of the CricHQ Limited applications, services, platforms, profiles or the CricHQ website (www.CricHQ.com) (together, the website) is subject to our terms and conditions. If there is any conflict between this privacy policy and the website terms and conditions, the website terms and conditions will prevail.

Collection of information

Information collected through our website may include personal information about you (including identifiers as set out below). For example, personal information may be:

  1. provided by you through registration on our website;
  2. provided to us by you through any other method (including, but not limited to, through your CricHQ Profile or through any correspondence and discussions that you undertake on the website);
  3. collected by us through click tracking in relation to your use of our website, including the content you access and any services you utilise;
  4. collected by us when you interact with our customer service;
  5. collected by use when you interact with the website (e.g., when you click on ads, join groups, participate in polls, install an application, share articles,etc.); and
  6. collected by us through log files or cookies (as set out below).

Failure to provide necessary personal information when requested may result in certain services not being available to you. We may also collect aggregated information generated by our systems, which tracks traffic to our website but does not relate to you personally.

Identifiers

Information about your computer and about your visits to and use of the website such as your IP address, location, browser type and user name will be recorded when you log in to our website. This information may be used to identify you. We will treat this information as personal information.

Log files

We use log files in order to enhance your experience on our website and to analyse trends. Log files gather information such as which URL you just came from, which URL you go to next, what browser you are using and your IP address. This information is used to analyse trends and administer and operate our website. Users who log in to our website have their IP address recorded, which can be used to identify a user however we will treat this information as personal information.

Cookies

Our website uses temporary cookies to keep a session open after a user logs in. We may use the information we obtain from the cookies in the administration of our website and to improve the usability of our website. Some browsers allow you to refuse to accept cookies. However this may have a negative impact on the usability of our website.

Postings

The information that you post on our website is able to be viewed by other users of our website. If you use any communication tools on our website, be aware that any personally identifiable information you submit there can be viewed and used by other site users. We take no responsibility for any information submitted via the website. Further requirements in relation to postings are set out under the heading “communication tools” in our terms and conditions.

Other information

We will have access to and may use other information such as number of users, traffic patterns and demand for the service for the purpose of monitoring server and software performance as well as for our other internal purposes. Further, we may collect information about all system interaction with users while they are logged in. This information is owned by us and may be used to verify actions taken by a user or to better understand the behaviour of users in order to improve the website.

Use of your information

The personal information you provide may be used by us (and our employees, officers, agents, contractors and affiliates as defined below) for the following purposes:

  1. verifying your identity for use of our website, to conduct address verification or credit checks for invoicing and billing purposes and to enrich your profile and search ability;
  2. to assist in providing better services to you by tailoring them to meet your needs;
  3. to maintain an international database of cricket players and fans;
  4. to provide you with further information about us or other websites or goods or services offered by us or our related companies or which we consider may be of interest to you;
  5. to carry out marketing, promotional and publicity purposes including direct marketing, market research and surveys;
  6. to keep our website relevant and of interest to users;
  7. to show you advertising and information that is most relevant to you and your interests;
  8. analysis in aggregate form (identifiable characteristics removed so that you will remain anonymous); and
  9. any other purpose which is stated to you at the time of collection or that you otherwise authorise.

Information sharing and disclosure

In relation to personal information we:

  1. will not disclose personal information we collect from you through our website other than as set out in this privacy policy or as otherwise agreed with you;
  2. may disclose information about you, including your personal information, to our affiliates (which means any person or other entity which directly or indirectly controls, is controlled by or is under common control with us) for the purposes set out in the above paragraph;
  3. may disclose information about you, including your personal information, to our contractors and suppliers to enable them to provide services and products to us in relation to our website including transaction processing services, hosting services, partnering services and support services;
  4. may disclose information about you to the governing body of cricket in your region; and
  5. reserve the right to disclose your personal information when we believe it is appropriate to comply with the law, facilitate court proceedings or to protect our rights.

Information collected through our website that does not identify users is owned by us and may be disclosed by us. We share aggregated demographic information about our user base with our affiliates, partners and advertisers.

Advertising and third party links

Our website may contain links to a variety of advertising and third party website sources. Some of these links may request or record information from users or use cookies or other methods to collect information from you. We have no control over the content or privacy policy practices of such sites, and encourage our users to review the privacy policies of such sites before engaging in any activity with them. Further requirements about linked sites are set out in our terms and conditions.

Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or unauthorised alteration of your personal information. However, due to the nature of email and the internet, we cannot guarantee the privacy or confidentiality of your personal information. When you provide us with personal information, that information may be collected, stored and processed on servers located outside of New Zealand. Credit card payments are encrypted and processed using an external credit card payment processor and details are not stored by us.

Access and correction

Under the Privacy Act 1993 you have rights of access to and correction of personal information that we hold. This can be done by contacting us by email at: support@CricHQ.com.

Opting in and opting out

If our intended collection, use or disclosure of your personal information is outside the collection, use or disclosure set out in this privacy policy we will give you the option to opt out and not receive certain services or participate in certain interactive areas, or opt in.

Business transitions

In the event of a change in ownership of all or a portion of CricHQ Limited, your user information may be transferred to the new owner so that the website can continue operations. In this event, your information would remain subject to this privacy policy.

Users outside New Zealand

The information we collect may be processed in and transferred between your location and New Zealand. New Zealand may not have equivalent data protection laws to those in force in your location.

Changes in privacy policy

We reserve the right to make changes to our privacy policy or alter website functionality. Any changes made will be updated in this privacy policy accordingly, so we encourage you to review the policy for the latest information on our privacy practices.

Player Registrations

I understand that by signing up for a CricHQ player profile I am agreeing to be bound by the constitution, regulations, bylaws and policies of the relevant Major and District Associations with jurisdictions and control over the competition in which I play and that I am also bound by the NZC(New Zealand Cricket) Rules and Regulations by virtue of my participation in cricket played under NZC's jurisdiction. 

I understand that by signing up for a CricHQ profile I am agreeing to receive (including from the cricket club for which I play and/or the District and Major Associations to which that club is affiliated and/or NZC): (i) messages relating to my participation in cricket, e.g. grounds changes; (ii) messages relating to the administration of my data, e.g. requests to confirm my profile settings; and (iii) messages relating to the marketing of cricket, including relating to the products and services of sponsors of the game of cricket.  I can opt out of the receipt of commercial messages at any time, either by using the unsubscribe function on each message, or by changing my profile settings. 

I understand that by registering a player profile to my club I am agreeing the player has consented to be bound by the constitution, regulations, bylaws and policies of the relevant Major and District Associations with jurisdictions and control over the competition in which they play and that they have also consented to be bound by the NZC Rules and Regulations by virtue of their participation in cricket played under NZC's jurisdiction. 

I understand that by registering a player profile to my club I am agreeing the player has consented to receive (including from the cricket club for which I play and/or the District and Major Associations to which that club is affiliated and/or NZC): (i) messages relating to their participation in cricket, e.g. grounds changes; (ii) messages relating to the administration of their data, e.g. requests to confirm their profile settings; and (iii) messages relating to the marketing of cricket, including relating to the products and services of sponsors of the game of cricket.  I can opt out of the receipt of commercial messages at any time, either by using the unsubscribe function on each message, or by changing my profile settings. 

Pursuant to the Privacy Act the following is brought to your attention. New Zealand Cricket uses the registration process to collect personal information for the purposes of: (i) the general administration of the game of cricket, including statistical analysis and research; and (ii) the promotion of the game of cricket, including marketing to cricket members by sponsors of the game of cricket. Your personal information will be held by the cricket club for which you play and/or the District and Major Associations to which that club is affiliated and/or NZC. The information may also be provided (in whole or part) to other persons for the furtherance of the purposes stated above. You have the right to access (and correct) such personal information as provided for in the Privacy Act. You may view and update this information by means of your profile settings on CricHQ and/or by contacting your local Administration to request assistance to view and/or correct your information. Signing up for a CricHQ player profile constitutes authorisation of the use and disclosure of the personal information in accordance with the purposes set out above. Stating that you withhold this consent, or the provision of incorrect information, may result in the player being ineligible to play. 

Player registrations outside New Zealand

I understand that by signing up for a CricHQ player profile I am agreeing to be bound by the constitution, regulations, bylaws and policies of the relevant Major and Minor Associations with jurisdictions and control over the competition in which I play and that I am also bound by the National Governing Body's Rules and Regulations by virtue of my participation in cricket played under their jurisdiction. 

I understand that by signing up for a CricHQ profile I am agreeing to receive (including from the cricket club for which I play and/or the Minor and Major Associations to which that club is affiliated and/or the National Governing Body): (i) messages relating to my participation in cricket, e.g. grounds changes; (ii) messages relating to the administration of my data, e.g. requests to confirm my profile settings; and (iii) messages relating to the marketing of cricket, including relating to the products and services of sponsors of the game of cricket.  I can opt out of the receipt of commercial messages at any time, either by using the unsubscribe function on each message, or by changing my profile settings. 

I understand that by registering a player profile to my club I am agreeing the player has consented to be bound by the constitution, regulations, bylaws and policies of the relevant Major and Minor Associations with jurisdictions and control over the competition in which they play and that they have also consented to be bound by the National Governing Body's Rules and Regulations by virtue of their participation in cricket played under their jurisdiction. 

I understand that by registering a player profile to my club I am agreeing the player has consented to receive (including from the cricket club for which I play and/or the Minor and Major Associations to which that club is affiliated and/or the National Governing Body): (i) messages relating to their participation in cricket, e.g. grounds changes; (ii) messages relating to the administration of their data, e.g. requests to confirm their profile settings; and (iii) messages relating to the marketing of cricket, including relating to the products and services of sponsors of the game of cricket.  I can opt out of the receipt of commercial messages at any time, either by using the unsubscribe function on each message, or by changing my profile settings. 

 

CricHQ Administration Module Terms of Use:

Introduction

This Agreement is intended to explain our obligations as a service provider, and Your obligations as a customer, for the Services.

This Agreement is binding on any use of the Services and applies to You from the time that CricHQ provides You with access to a Service.

CricHQ reserves the right to change the terms of this Agreement at any time, effective upon the posting of a modified agreement and CricHQ will use best endeavours to communicate these changes to You via email or notification via the Website.  It is likely this Agreement will change over time.  It is Your obligation to ensure that You have read, understood and agree to the most recent agreement available on the Website.

By registering to use the Services You acknowledge that You have read and understood this Agreement and have the authority to act on behalf of any person for whom You are using the Services.  You are deemed to have agreed to this Agreement on behalf of any entity for whom You use the Services.

 

1. Definitions

1.1      In this Agreement, the following terms have the following meaning unless the context requires otherwise:

Agreement means these Terms of Use;

Access Fee means any fee for the Services (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which CricHQ may change from time to time on notice to You);

Confidential Information means all information confidential to CricHQ under or in relation to this Agreement (including the Services), whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party;

CricHQ means CricHQ Limited and all current and future subsidiaries of CricHQ Limited;

Data means any data or information inputted by You or with Your authority, or otherwise, into, or in any way using, the Website or the Services;

Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;

Services means: (a) the online competition management system, which is owned by CricHQ and made available (as may be changed or updated from time to time by CricHQ) via the Website; and (b) the CricHQ CRM system, which is owned by CricHQ and made available (as may be changed or updated from time to time by CricHQ) via the Website;

Website means the Internet site at the domain [www.crichq.com] or any other site operated by CricHQ; and

You means the person who registers to use the Services and, where the context permits, includes any entity or organisation on whose behalf that person registers to use the Services.

 

2. Use

CricHQ grants You the right to access and use the Services via the Website with the particular user roles available to You according to Your subscription type [as set out on the Website].  This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

 

3. Your obligations

3.1   Payment

  1. Where an Access Fee is payable for Your use of the Services, an invoice will be issued in advance of the period to which the Access Fee applies.  The Access Fee will cover Your use of the Services for the period specified on the Website.  CricHQ will continue invoicing You in advance until this Agreement is terminated in accordance with clause 8.
  2. All invoices will be sent to You, or to a billing contact whose details are provided by You, by email.  You must pay or arrange payment of all amounts specified in any invoice by the 20th day of the month following the month in which the invoice was sent to You.  You are responsible for payment of all taxes and duties in addition to the Access Fee.

3.2   General obligations

You must only use the Services and Website for Your own lawful internal purposes, in accordance with this Agreement and any notice sent by CricHQ or condition posted on the Website.  Where appropriate, You may use the Services and Website on behalf of others or in order to provide services to others but if You do so You must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.3   Access conditions

  1. You must ensure that all usernames and passwords required to access the Services are kept secure and confidential.  You must immediately notify CricHQ of any unauthorised use of Your passwords or any other breach of security and CricHQ will reset Your password and You must take all other actions that CricHQ reasonably deems necessary to maintain or enhance the security of CricHQ's computing systems and networks and Your access to the Services.
  2. As a condition of this Agreement, when accessing and using the Services, You must:
    1. not attempt to undermine the security or integrity of CricHQ's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
    2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
    3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
    4. not transmit, or input into the Services or the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or Data in violation of any law (including Data protected by copyright or trade secrets which You do not have the right to use); and
    5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

3.4   Usage limitations

Use of the Services may be subject to limitations, including but not limited to volumes.  Any such limitations will be advised.

3.5   Indemnity

You will indemnify CricHQ against all claims, costs, damage and loss arising from Your breach of this Agreement or under any law, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

 

4. Confidentiality and Privacy

4.1   Confidentiality

  1. You will preserve the confidentiality of all Confidential Information obtained in connection with this Agreement.  You will not, without the prior written consent of CricHQ, disclose or make any Confidential Information available to any person, or use the same for Your benefit, other than as contemplated by this Agreement.
  2. Your obligations under this clause will survive termination of this Agreement.
  3. The provisions of this clause 4 shall not apply to any information which:
    1. is or becomes public knowledge other than by a breach of this clause;
    2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
    3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing     party; or
    4. is independently developed without access to the Confidential Information.

4.2       Privacy

By using the Services, You acknowledge CricHQ’s privacy policy and consent to the collection storage, processing, sharing and use of Your personal information and the Data (to the extent that the Data includes personal information) in accordance with that policy and this Agreement.  You should read the CricHQ Privacy Policy.  You will be taken to have accepted the privacy policy when You accept this Agreement.

 

5. Intellectual property

5.1   General

  1. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of CricHQ (or its licensors).
  2. CricHQ hereby grants You a limited, revocable, non-sublicensable licence to reproduce and display CricHQ content (excluding software code) solely for Your personal use (or commercial use where permitted) in connection with viewing the Website and using the Services, and in connection with standard search engine activity or use of a standard internet browser (e.g., for making cache copies).  For the avoidance of doubt, the foregoing limited licence: (i) does not give You any ownership of, or any other intellectual property interest in, any CricHQ content; and (ii) may be immediately suspended or terminated for any reason, in CricHQ’s sole discretion, and without advance notice or liability.

5.2   Proprietary rights in Data

  1. CricHQ has all ownership rights in the Data as between You and CricHQ. CricHQ hereby grants You a perpetual, irrevocable, non-exclusive, non-transferable license to use such Data for your internal business purposes.
  2. This Agreement includes only narrow, limited grants of rights to CricHQ content and to use and access of the Services and the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry customer or otherwise. All rights not expressly granted to You are reserved by CricHQ and its licensors and other third parties. Any goodwill that is created in connection with Your use of CricHQ content or the Services or Website inures to CricHQ. Any unauthorised use of any CricHQ content or the Services or Website is prohibited.

 

6. Warranties and acknowledgements

6.1   Authority

You warrant that where You have registered to use the Services on behalf of another person, You have the authority to agree to this Agreement on behalf of that person and agree that by registering to use the Services You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of this Agreement, without limiting Your own personal obligations under this Agreement.

6.2   Acknowledgement

You acknowledge that:

  1. You are authorised to use the Services and the Website and to access the Data that You input into the Website for the term of your use of the Services and the Website.
  2. CricHQ has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.  If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) You agree that:
    1. You are responsible for ensuring that You have the right to do so;
    2. You are responsible for authorising any person who is given access to Data, and You agree that CricHQ has no obligation to provide any person access to such Data without Your authorisation and may refer any requests for information to You to address; and
    3. You will indemnify CricHQ against any claims or loss relating to:
      1. CricHQ's refusal to provide any person access to the Data in accordance with this Agreement; and
      2. CricHQ’s making available Data to any person.
  3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
  4. CricHQ does not warrant that the use of the Services or access to the Website will be uninterrupted or error free.  Among other things, the operation and availability of the systems used for accessing the Services and the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services or Access to the Website.  CricHQ is not in any way responsible for any such interference or prevention of Your access to, or use of, the Services and/or the Website.
  5. It is Your sole responsibility to determine that the Services meet Your needs and are suitable for the purposes for which they are used.

6.3   No warranties

CricHQ gives no warranty about the Services.  Without limiting the foregoing, CricHQ does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose.  To avoid doubt, all implied terms, conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

6.4   Consumer guarantees

To the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect consumers in any jurisdiction does not apply to the supply of the Services, the Website or this Agreement.

 

7. Limitation of liability

7.1   Subject to clause 7.2 below, to the maximum extent permitted by law, CricHQ excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Website.

7.2   If You suffer direct loss or damage as a result of CricHQ's negligence or failure to comply with this Agreement, any claim by You against CricHQ arising from CricHQ's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

 

8. Termination

8.1   No-fault termination

This Agreement will continue for the period covered by the Access Fee paid or payable under clause 3.1.  At the end of each billing period this Agreement will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates this Agreement by giving notice to the other party at least 30 days before the end of the relevant payment period.  [If You terminate this Agreement You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of this Agreement.] [Note: To amend depending on whether the yearly payments will be prepaid.]

8.2   Breach

  1. If:
    1. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
    2. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and the breach is incapable of being remedied; or
    3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

      CricHQ may take any or all of the following actions, at its sole discretion:

    4. terminate this Agreement and Your use of the Services and the Website;
    5. suspend, for any definite or indefinite period of time, Your use of the Services and the Website;
    6. suspend or terminate access to all or any Data.
  2. For the avoidance of doubt, if payment of any invoice for Access Fees is not made in full by the relevant due date, CricHQ may suspend or terminate Your use of the Services.

8.3   Accrued rights

Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.  On termination of this Agreement You will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use the Services and the Website.

 

9. General

9.1   Relationship of parties

Nothing expressed or implied in this Agreement will be deemed to constitute either party as the partner, agent, or joint venturer of the other party.

9.2   Entire agreement

This Agreement, together with the CricHQ Privacy Policy and the terms of any other notices or instructions given to You under this Agreement, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and CricHQ relating to the Services and the other matters dealt with in this Agreement.

9.3   Waiver

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach.  No waiver will be effective unless made in writing.

9.4   Delays

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement to the extent the delay or failure is due to any cause outside its reasonable control.  This clause does not apply to any obligation to pay money.

9.5   No assignment

You may not assign or transfer any rights or obligations under this Agreement to any other person without CricHQ's prior written consent.

9.6   Governing law and jurisdiction

This Agreement is governed by, and will be construed in accordance with, the laws of New Zealand.  Each party irrevocably submits to the exclusive jurisdiction of the New Zealand courts for the purpose of hearing and determining all disputes under or in connection with this Agreement.

9.7   Severability

If any part or provision of this Agreement is invalid, unenforceable or in conflict with any law, that part or provision is deemed to be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision.  The remainder of this Agreement will be binding on the parties.

9.8   Notices

Any notice given under this Agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission.  Notices to CricHQ must be sent to finance@crichq.com or to any other email address notified by email to You by CricHQ. Notices to You will be sent to the email address which You provided when setting up Your access to the Services.

9.9   Rights of Third Parties

A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.

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CricHQ Websites Terms of Service:


1. What this agreement is about

1.1. By using the CricHQ services (“CricHQ”) or any other website/CMS service provided by CricHQ you agree to be bound by the following terms and conditions of use (“Terms”).

1.2. CricHQ websites include a variety of products and services related to managing online and physical shops. When we refer to CricHQ in these Terms, we mean all products and services in the CricHQ websites family, including free trials and demonstrations of those products and services.

1.3. Any new additions or modifications to CricHQ websites are also subject to these Terms.

1.4. We may change these Terms at any time. When we do so, we will make reasonable efforts to notify you of these changes via email, but it is up to you to regularly check, read, understand and agree to the most recent version of these Terms as you will be deemed to accept all changes if you continue to use CricHQ websites.

 

2. Who this agreement is between

2.1. This agreement is between: you, the person or organisation authorised to use CricHQ;

2.2. By entering into this agreement, we both agree to be bound by and keep to it.

2.3. By accepting this agreement, either by clicking a button or similar element on one of our websites indicating your acceptance or by signing an order form referencing these Terms, you agree to the Terms. If you are accepting this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2.4. If you do not agree with these Terms, you must not accept this agreement and you may not use CricHQ websites.

2.5. This agreement starts from the earliest date you accept these Terms.

2.6. This agreement will continue until terminated in accordance with the Termination clauses in these Terms.

 

3. Who may use CricHQ websites

3.1. You must be 18 years or older to use CricHQ websites.

3.2. To use a CricHQ website you must apply for a CricHQ account (“Account”) by providing an email address and any other information we require. We may reject your application for an Account or cancel your Account for any reason in our sole discretion.

3.3. You acknowledge that we will use the email address you provide as the primary method of communication with you.

3.4. You are responsible for all usage of, and content created with CricHQ, including text, images and video under your Account.

 

4. Your data

4.1. All data, including text, images, videos and other information inputted into CricHQ websites remains yours but access to your data is dependent upon you complying with these Terms and all fees being paid in full.

4.2. You must keep copies of all data inputted into CricHQ websites. We will make reasonable efforts to prevent your data being lost or damaged but cannot guarantee this.

4.3. At the end of a free trial or demo, if you choose not to continue using the CricHQ service by signing up for a CricHQ Websites Subscription (“Subscription”), any data you have inputted into CricHQ may be deleted.

4.4. If this agreement is terminated then CricHQ may delete your data at any time after the termination date. If you want a copy of your data this must be requested before terminating this agreement.

4.5. CricHQ may use any of your data for our own analysis and service improvement however we will never share any of your data with third parties.

4.6. If you provide us with information which contains personal data you agree and authorise us to process that data in accordance with the Data Protection Act 1998 if you subscribe to CricHQ in the United Kingdom. Where we use the terms “personal data”, “data processor” and “data controller” in this agreement we mean as those terms are defined in the Data Protection Laws.

4.7. If at any time you do not want us to use your personal data for customer research, informing you about other products or services, or you do not wish to receive targeted advertising or marketing, please notify us.

4.8. We will use any Customer Data that you transfer to us or is inputted in CricHQ pursuant to this agreement to:

4.8.1. provide, manage and administer your use of CricHQ;

4.8.2. fulfil our contractual obligations under this agreement; and

4.8.3. undertake internal testing of our platform to test, fix and improve the security, performance and provision of CricHQ under this agreement. We will anonymise all data (including Customer Data) used for these purposes.

4.9. You warrant and represent that:

4.9.1. you will comply with the Data Protection Laws;

4.9.2. you are authorised pursuant to the Data Protection Laws to disclose any personal data which you disclose or otherwise provide to us regarding persons other than yourself;

4.9.3. you will where required under the Data Protection Laws obtain all necessary consents in order for (i) you to disclose the personal data to us; (ii) us to process the personal data for the purposes of providing CricHQ; (iii) us to disclose the personal data to those parties set out in clause

4.9.4. below including where the recipients of the personal data are outside the European Economic Area.

4.10. We warrant and represent that during the term of this agreement we will:

4.10.1. comply with the Data Protection Laws applicable to us whilst such personal data are in our control;

4.10.2. (having regard to the state of technological development and the cost of implementing any measures), take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected; and

4.10.3. take reasonable steps to ensure the reliability of our employees who have access to any personal data.

4.11. We may provide Customer Data that you transfer to us pursuant to this agreement to:

4.11.1. our agents, service providers and other companies within the CricHQ group of companies;

4.11.2. law enforcement agencies;

4.11.3. any other person in order to meet any legal obligations on us, including statutory or regulatory reporting; and

4.11.4. any other person who has a legal right to require disclosure of the information.

 

5. Demos and Free Trials

5.1. Demo accounts are not secure and anyone with the link to your demo account can access your data. To keep your data secure and private you must register for an Account.

 

6. Marketing

6.1. Without asking your express permission, CricHQ may use your business name, details of your public online shop and images of your business, logo and website in our own marketing materials.

6.2. CricHQ will never publicly disclose any data about your business performance including sales, customer data or website usage without asking for your permission. However, we may publish anonymised data about CricHQ users, for example the total sales generated by all CricHQ users, without asking permission.

 

7. Subscriptions

7.1. Our Subscription plan prices may change and we will notify you at least 30 days before any changes take effect.

7.2. You will be normally be charged for using a CricHQ website once per annum, usually on the anniversary of when you first subscribed.

7.3. When you sign up for a Subscription, or upgrade your Subscription, you will be charged immediately a prorated fee for the remaining days in the current term, starting from the next day up to the last day of the term.

7.4. If you cancel your Subscription we will not refund any amounts paid in advance for the applicable Subscription period.

 

8. Your website

8.1. You must comply with all applicable laws and legislation in respect of your use of CricHQ and you must ensure that any content added to your CricHQ website will not result in any injury, damage or harm to us or any third party (including, without limitation, defamation or breach of confidentiality) and the content does not contain anything which is unlawful, obscene, indecent, immoral or promotes illegal or unlawful activities.

8.2. You must use a secure password to access your CricHQ website and keep your password safe. Your password must not be shared with anyone else. If you need other users to access CricHQ a separate user account must be created for them and all users must agree to be bound by these Terms.

8.3. You must not introduce any virus, malware or other such harmful technology into CricHQ or our third party providers.

8.4. You must not attempt to gain unauthorised access to any area of CricHQ.

8.5. You must not perform any actions that affect the availability of CricHQ to our users (such as a denial of service attack).

8.6. You must not use CricHQ in any way that could damage our business or reputation.

8.7. If you discover a bug, defect or other such problem with CricHQ you must inform us immediately.

 

9. Security

9.1. If you discover a security vulnerability you must inform and you must not publicly disclose this information.

 

10. Payments from your customers

10.1. To accept payments from your customers via your CricHQ website online shop, you must have an active Stripe account in place.

10.2. All payments are handled by Stripe and are governed by Stripe’s Terms available at https://stripe.com/gb/terms.

10.3. You acknowledge that CricHQ cannot guarantee the Stripe payment service will be operating at any time.

 

11. The Service

11.1. You acknowledge that CricHQ is not responsible for the performance of your business and does not guarantee your website will appear in search engines, be visited by customers or sell your products. You are responsible for making your business a success.

11.2. You acknowledge that CricHQ websites may not be compatible with your choice of web browser or computer.

11.3. You accept that CricHQ may not be entirely suitable for your business needs or meet your expectations.

 

12. Support

12.1. If you have an active Subscription in place, we will aim to provide technical support, 24 hours a day, 7 days a week, although for reasons beyond our control we may be unable to provide this.

12.2. You grant us the right to access your CricHQ account or website on your behalf to provide support.

12.3. We will not at any time give you technical support or other assistance for any hardware, third-party software, services or other equipment used with CricHQ.

 

13. Intellectual Property

13.1. You acknowledge that you do not own any of the intellectual property rights in CricHQ or any of its related logos. We (or the third party from whom we obtain our rights if we are not the owner) continue to own the intellectual property rights in CricHQ and any related logos, including any software we provide to replace all or part of CricHQ. The only rights you have to CricHQ are as set out in this agreement.

 

14. What happens if something goes wrong?

14.1. This clause sets out our entire liability to you which arises out of or in connection with this agreement whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise.

14.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising under or in connection with this agreement will be limited to paying you an amount which is equal to the total of all fees you have paid to us for your use of the relevant CricHQ product during the 12 month period immediately preceding the date on which the claim arose (such relevant CricHQ product being the product forming the subject matter of the claim).

14.3. We will not be responsible whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any of the following (even if we knew or should have known there was a possibility you could suffer or incur such loss or damage):

14.3.1. loss of profit, business or revenue and/or depletion of goodwill or similar losses;

14.3.2. loss of use or loss of or damage to data/information inputted by you into CricHQ;

14.3.3. any interruption to your business or damage to information, however that interruption or damage is caused;

14.3.4. losses you suffer as a result of using CricHQ other than as described in the relevant documents or instructions; and/or

14.3.5. any loss or damage which we could not have reasonably known about at the time you entered into this agreement including, without limitation any special, indirect or consequential loss or damage.

14.4. Nothing in this agreement will exclude or limit our liability for:

14.4.1. fraud;

14.4.2. death of or personal injury to any person as a result of our negligence; or

 14.4.3. any other matter which cannot be excluded or limited under applicable law.

14.5. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent, permitted by law, excluded from this agreement.

14.6. Your and our responsibilities under this agreement are reasonable because they reflect that:

14.6.1. we cannot control how, and for what purposes, you use CricHQ;

14.6.2. we have not developed CricHQ specifically for you; and

14.6.3. although we follow good industry practice, it is not economically possible for us to carry out all the tests necessary to make sure that CricHQ is problem or error free.

 

15. Termination of this agreement

15.1. We may end this agreement:

15.1.1. immediately if we do not receive your Subscription fee or any other fees due to us under this agreement by the relevant due date; or

15.1.2. at any time on giving you at least 30 days’ notice and if we do, we will refund to you any amounts you have paid in advance for the applicable Subscription period calculated from the date of termination.

15.2. You may end this agreement at any time by sending us an email. If you end this agreement, we will confirm the date that this agreement will end. We will not give you a refund for any amounts you have paid in advance for the applicable Subscription period, and you must immediately pay all amounts you owe to us by the date this agreement ends. If you continue to use CricHQ after the expiry of any Subscription period we will be entitled to charge you for such use at our then current applicable fees.

15.3. If you choose not to pay the Subscription fee to continue to use CricHQ at the end of any trial period your access to CricHQ will immediately end.

15.4. If you or we discover that the other has done something which is not allowed by this agreement, or has not done something that must be done, the one making such discovery can give the other written notice that the matter must be put right within 30 days. If the matter is put right in that time, no further action will be taken. If it is not put right in that time, the person who made the discovery may end this agreement upon giving the other notice in writing.

15.5. This agreement will automatically (i.e. without us having to tell you) and immediately end without refund if you become bankrupt (or something similar happens) or your business is not able to pay its debts, stops trading or becomes insolvent (or something similar happens). In those circumstances we will have no further obligation to you under this agreement and any monies due from you will become immediately due and payable.

15.6. No matter how this agreement ends, the information you store in CricHQ remains your information and you can access it in a format provided by CricHQ before the end of this agreement. If you wish to access your information after this agreement has ended, you agree to pay our reasonable charges for that access, however, if your subscription has ended your data may have been deleted.

15.7. In addition to our rights to end this agreement, we may also suspend your use of CricHQ at any time if we do not receive payment in full when due or if we suspect that you have breached any part of this agreement.

15.8. Any suspension of your CricHQ account will continue until such time that the breach in question has been remedied to our reasonable satisfaction and/or we have received payment from you in full. Where we suspend or terminate your use of CricHQ under this clause, we may at our discretion agree to reactivate your account subject to you paying to us a reactivation fee.

 

16. What else do you need to know?

16.1. If a court or similar body decides that any wording in this agreement cannot be enforced, that decision will not affect the rest of this agreement, which will remain binding on both parties. However, if the wording that cannot be enforced could be enforced if part of it is deleted, we will both treat the relevant part of the wording as if it is deleted.

16.2. If you or we fail to, or delay in, exercising any rights under this agreement, that will not mean that those rights cannot be exercised in the future.

16.3. This agreement and the documents we refer to above constitute the entire agreement between you and us for your use of CricHQ, and replaces all documents, information and other communications (whether spoken or written) between us for such use.

16.4. This agreement is personal to you and may not be transferred, assigned, subcontracted, licensed, charged or otherwise dealt with or disposed of (whether in whole or in part) by you without our prior written consent. We may transfer, assign, subcontract, license, charge or otherwise deal with or dispose of (whether in whole or in part) this agreement at any time without your consent.

16.5. A person who is not a party to this agreement has no right to enforce any term of it.

16.6. Where either party is required to notify the other party by email, the party shall be deemed to have received the email on the first business day following transmission.

 

17. Which laws govern this agreement?

17.1. This agreement is governed by the laws New Zealand and you and we both agree that the courts of New Zealand will be the only courts that can decide on legal disputes or claims about this agreement.

CricHQ Programme Registrations Terms of Sale:

 

Terms of Sale - New Zealand Cricket

1. Terms of Sale

1.1 These terms of sale set out the terms and conditions that apply to all registrations for cricket programmes from the website. If you purchase a cricket programme from the website, you are deemed to have accepted these terms of sale and agree to be bound by them.

1.2 We reserve the right to vary these terms of sale at any time. Any variation will be effective immediately upon posting of the amended terms of sale on the website. These terms of sale were last updated on 27 July 2016. On registering for a cricket programme on the website after this date, you agree to be bound by the amended terms of sale.

2. Privacy policy and personal information

2.1 In order to purchase a cricket programme you will be required to register on the website. As part of that registration you will have to provide us with personal information. We maintain Privacy Policy. Your consent to the release of your personal information to us and to third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: support@CricHQ.com

2.2 You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our website.

3. CricHQ as Agent

3.1 We sell cricket programmes as an agent for and on behalf of the cricket organisation. Any representations made by the cricket organisation with reference to the cricket programme and any associated claims or complaints are the responsibility of the cricket organisation and not us.

3.2 All cricket programme registrations are subject to the cricket organisation’s terms and conditions of sale. It is your responsibility to ensure that you are familiar with the cricket organisation’s terms and conditions (if any). We can provide you with a copy of the cricket organisation’s terms and conditions (if any) on request.

3.3 If there is any inconsistency between these terms of sale and the cricket organisation’s terms and conditions, or these terms of sale are silent on an issue, then the cricket organisation’s terms and conditions will prevail to the extent of such inconsistency / silence.

3.4 Each cricket programme registration is a licence granted to you by the cricket organisation to attend the cricket programme. Your contractual relationship is therefore with the cricket organisation in terms of attendance at the cricket programme.

4. Currency and Pricing

4.1 All ticket prices are in New Zealand Dollars (NZD) unless otherwise stated.

4.2 All prices include GST unless otherwise stated.

5. Availability

5.1 We do not set the prices of the cricket programme nor determine the cricket programme location as registration is facilitated on behalf of cricket organisations. Cricket programmes may be sold through several distribution points, including online and through the cricket organisation itself. As most distribution points generally access the same cricket programme inventory, we cannot guarantee the availability of inventory and attendance numbers may be restricted.

6. Registration Confirmation

6.1 When you complete a registration online, you will receive a confirmation email.

7. Booking Fees

7.1 All registrations that are paid for through the website are subject to a service fee.

7.2 All registrations that are paid for by credit or debit card are subject to a credit card fee.

8. Cancelled cricket programmes

8.1 The cricket organisation reserves the right to add, withdraw or replace any cricket programme amend the schedule of the cricket programme, including date(s), prices, location and capacity.

8.2 Occasionally, cricket programmes are cancelled by the cricket organisation due to circumstances beyond their control, such as weather conditions. Should this occur, please contact the cricket organisation that was due to hold the cricket programme for information on refunds.

8.3 Refunds are at the sole discretion and control of the cricket organisation.

8.4 Prior to the completion of the cricket programme, we will facilitate any refunds approved by the cricket organisation on behalf of the cricket organisation with respect to registrations and payments made through the website.

8.5 After completion of the cricket programme, the cricket organisation will facilitate any refunds the cricket organisation approves.

8.6 Refund limitations may be set by the cricket organisation if the cricket programme is changed, relocated or rescheduled.

9. Refunds and Exchanges

9.1 Unless authorised to do so by the cricket organisation or required by law, we do not provide refunds or exchanges for any cricket programme registrations. Therefore, please ensure that you carefully review your cricket programme registration and the cricket organisation’s terms and conditions of sale (if any) before processing the payment.

9.2 If a refund is authorised by the cricket organisation or required by law, any service fees, credit card fees, delivery fees or booking fees are not refundable.

10. Participant Limits

10.1 Cricket programmes may be subject to a limited number of registrations that each customer can purchase for a cricket programme. This limit will be published as part of the cricket programme information.

11. Limitation of Liability

11.1 We are not liable for any loss of any kind arising out of your attendance at a cricket programme. Any liability arising is a matter between you and the cricket organisation or other party.

11.2 By registering for cricket programmes on behalf of others, including minors, you acknowledge that those parties are aware of all terms and conditions relating to their registration and their attendance at the cricket programme.

11.3 To the fullest extent permitted by law, we exclude all responsibility and liability in relation to any registrations for cricket programmes and the cricket programmes themselves and we will not be responsible or liable for any loss, injury or damage however caused (including to any person or property), including under contract, tort, statute, product liability or otherwise, whether they be direct or indirect, special, incidental or consequential, resulting from the use of this website, your use of or the inability to present evidence of registration confirmation, the cancellation or postponement of the cricket programme, or for any other reason whatsoever.

12. Re­-Sale of cricket programme registrations not permitted

12.1 No registration may be resold, used for advertising, promotion or other commercial purposes without formal written authorisation from us or the cricket organisation. Any breach of this term will result in you or any third party holder of the registration being refused admission to the cricket programme.

13. Attendance

13.1 You may be required to present evidence of registration in the form of email confirmation to attend the cricket programme. Unless registrations are purchased from an authorised sales channel, they may be voided or you may be refused admission.

13.2 Online registrations are available to print by accessing the email receipt sent to your specified email address upon successful registration.

13.3 The cricket organisation reserves the right to refuse admission or to eject you or any third party holder of the registration from the cricket programme, without compensation to you, in circumstances where the cricket organisation considers it has cause. This includes (without limitation) where email receipts are lost or damaged, where you engage in conduct that unreasonably interferes with the enjoyment of the cricket programme by others (i.e. by fighting, being abusive or disorderly, hampering the conduct of the cricket programme or otherwise) and where you do not comply with the cricket organisation’s terms and conditions.

13.4 You must comply with all security and safety requirements of the cricket organisation and the cricket programme venue in relation to your attendance.

14. Definitions

  • “cricket organisation” refers to the party providing the cricket programme. This may include, but is not limited to, New Zealand Cricket or any organisation under New Zealand Cricket’s control.
  • “cricket programme” means a cricket event or activity where the focus is on skills and participation, not on structure and scored competition fixtures.
  • “registration” occurs when a person has registered and paid for a cricket programme. “registering” has the corresponding meaning.
  • “we/us/our” are all references to CricHQ Ltd.
  • “website” means and includes www.crichq.com, and any webpage derived from that website and any webpage owned by CricHQ Ltd.
  • “you/your” are all references to you, as the purchaser of the cricket programme registration and/or attendee of the cricket programme.

15. Contact Details

Address: 89 Upland Road, Kelburn, Wellington, 6021, New Zealand

Email: info@crichq.com

Phone: +64 4 384 6286

CricHQ User Paid Services Terms of Use:

 

Introduction

This Agreement is intended to explain our obligations as a service provider, and Your obligations as a customer, for the Services.

This Agreement is binding on any use of the Services and applies to You from the time that CricHQ provides You with access to a Service.

CricHQ reserves the right to change the terms of this Agreement at any time, effective upon the posting of a modified agreement and CricHQ will use best endeavours to communicate these changes to You via email or notification via the Website.  It is likely this Agreement will change over time.  It is Your obligation to ensure that You have read, understood and agree to the most recent agreement available on the Website.

By registering to use the Services You acknowledge that You have read and understood this Agreement and have the authority to act on behalf of any person for whom You are using the Services.  You are deemed to have agreed to this Agreement on behalf of any entity for whom You use the Services.

 

1. Definitions


1.1      In this Agreement, the following terms have the following meaning unless the context requires otherwise:

Agreement means these Terms of Use;

Access Fee means any fee for the Services (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which CricHQ may change from time to time on notice to You);

Confidential Information means all information confidential to CricHQ under or in relation to this Agreement (including the Services), whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party;

CricHQ means CricHQ Limited and all current and future subsidiaries of CricHQ Limited;

Data means any data or information inputted by You or with Your authority, or otherwise, into, or in any way using, the Website or the Services;

Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;

Services means: (a) the online premium user services provided, which are owned by CricHQ and made available (as may be changed or updated from time to time by CricHQ) via the Website;

Website means the Internet site at the domain [www.crichq.com] or any other site operated by CricHQ; and

You means the person who registers to use the Services and, where the context permits, includes any entity or organisation on whose behalf that person registers to use the Services.

 

2. Use

CricHQ grants You the right to access and use the Services via the Website with the particular user roles available to You according to Your subscription type as set out on the Website.  This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

 

3. Your obligations

3.1   Payment

  1. Where an Access Fee is payable for Your use of the Services, an invoice will be issued in advance of the period to which the Access Fee applies.  The Access Fee will cover Your use of the Services for the period specified on the Website.  CricHQ will continue invoicing You in advance until this Agreement is terminated in accordance with clause 8.
  2. All invoices will be made available to You.  You must pay or arrange payment of all amounts specified in any invoice before the commencement of the 1st day of the next payment period.  You are responsible for payment of all taxes and duties in addition to the Access Fee.

3.2   General obligations

You must only use the Services and Website for Your own lawful internal purposes, in accordance with this Agreement and any notice sent by CricHQ or condition posted on the Website.  Where appropriate, You may use the Services and Website on behalf of others or in order to provide services to others but if You do so You must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.3   Access conditions

  1. You must ensure that all usernames and passwords required to access the Services are kept secure and confidential.  You must immediately notify CricHQ of any unauthorised use of Your passwords or any other breach of security and CricHQ will reset Your password and You must take all other actions that CricHQ reasonably deems necessary to maintain or enhance the security of CricHQ's computing systems and networks and Your access to the Services.
  2. As a condition of this Agreement, when accessing and using the Services, You must:
  1. not attempt to undermine the security or integrity of CricHQ's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
  2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
  3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
  4. not transmit, or input into the Services or the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or Data in violation of any law (including Data protected by copyright or trade secrets which You do not have the right to use); and
  5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

3.4   Usage limitations

Use of the Services may be subject to limitations, including but not limited to volumes.  Any such limitations will be advised.

3.5   Indemnity

You will indemnify CricHQ against all claims, costs, damage and loss arising from Your breach of this Agreement or under any law, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

 

4. Confidentiality and Privacy

4.1   Confidentiality

  1. You will preserve the confidentiality of all Confidential Information obtained in connection with this Agreement.  You will not, without the prior written consent of CricHQ, disclose or make any Confidential Information available to any person, or use the same for Your benefit, other than as contemplated by this Agreement.
  2. Your obligations under this clause will survive termination of this Agreement.
  3. The provisions of this clause 4 shall not apply to any information which:
  1. is or becomes public knowledge other than by a breach of this clause;
  2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing     party; or
  4. is independently developed without access to the Confidential Information.

4.2       Privacy

By using the Services, You acknowledge CricHQ’s privacy policy and consent to the collection storage, processing, sharing and use of Your personal information and the Data (to the extent that the Data includes personal information) in accordance with that policy and this Agreement.  You should read the CricHQ Privacy Policy.  You will be taken to have accepted the privacy policy when You accept this Agreement.

 

5. Intellectual property

5.1   General

  1. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of CricHQ (or its licensors).
  2. CricHQ hereby grants You a limited, revocable, non-sublicensable licence to reproduce and display CricHQ content (excluding software code) solely for Your personal use (or commercial use where permitted) in connection with viewing the Website and using the Services, and in connection with standard search engine activity or use of a standard internet browser (e.g., for making cache copies).  For the avoidance of doubt, the foregoing limited licence: (i) does not give You any ownership of, or any other intellectual property interest in, any CricHQ content; and (ii) may be immediately suspended or terminated for any reason, in CricHQ’s sole discretion, and without advance notice or liability.

5.2   Proprietary rights in Data

  1. CricHQ has all ownership rights in the Data as between You and CricHQ. CricHQ hereby grants You a perpetual, irrevocable, non-exclusive, non-transferable license to use such Data for your internal business purposes.
  2. This Agreement includes only narrow, limited grants of rights to CricHQ content and to use and access of the Services and the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry customer or otherwise. All rights not expressly granted to You are reserved by CricHQ and its licensors and other third parties. Any goodwill that is created in connection with Your use of CricHQ content or the Services or Website inures to CricHQ. Any unauthorised use of any CricHQ content or the Services or Website is prohibited.

 

6. Warranties and acknowledgements

6.1   Authority

You warrant that where You have registered to use the Services on behalf of another person, You have the authority to agree to this Agreement on behalf of that person and agree that by registering to use the Services You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of this Agreement, without limiting Your own personal obligations under this Agreement.

6.2   Acknowledgement

You acknowledge that:

  1. You are authorised to use the Services and the Website and to access the Data that You input into the Website for the term of your use of the Services and the Website.
  2. CricHQ has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.  If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) You agree that:You are responsible for ensuring that You have the right to do so;
    1. You are responsible for authorising any person who is given access to Data, and You agree that CricHQ has no obligation to provide any person access to such Data without Your authorisation and may refer any requests for information to You to address; and
    2. You will indemnify CricHQ against any claims or loss relating to:CricHQ's refusal to provide any person access to the Data in accordance with this Agreement; and
    3. CricHQ’s making available Data to any person.
  3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
  4. CricHQ does not warrant that the use of the Services or access to the Website will be uninterrupted or error free.  Among other things, the operation and availability of the systems used for accessing the Services and the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services or Access to the Website.  CricHQ is not in any way responsible for any such interference or prevention of Your access to, or use of, the Services and/or the Website.
  5. It is Your sole responsibility to determine that the Services meet Your needs and are suitable for the purposes for which they are used.

6.3   No warranties

CricHQ gives no warranty about the Services.  Without limiting the foregoing, CricHQ does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose.  To avoid doubt, all implied terms, conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

 

7. Limitation of Liability

7.1   Subject to clause 7.2 below, to the maximum extent permitted by law, CricHQ excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Website.

7.2   If You suffer direct loss or damage as a result of CricHQ's negligence or failure to comply with this Agreement, any claim by You against CricHQ arising from CricHQ's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 6 months.

 

8. Termination

8.1   No-fault termination

This Agreement will continue for the period covered by the Access Fee paid or payable under clause 3.1.  At the end of each billing period this Agreement will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates this Agreement by giving notice to the other party before the end of the current period, or if You fail to make payment prior to the commencement of the next payment period. If You terminate this Agreement You shall be liable to pay all relevant Access Fees until the end of the current period and You will not receive a refund for any unused time during the current payment period. You can cancel this agreement at any time.

8.2   Breach

  1. If:
    1. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 1 day after receiving notice of the breach if the breach is capable of being remedied;
    2. You breach any of the terms in this Agreement (including, without limitation, by non-payment of any Access Fees) and the breach is incapable of being remedied; or

      CricHQ may take any or all of the following actions, at its sole discretion:
    3. terminate this Agreement and Your use of the Services and the Website;

    4. suspend, for any definite or indefinite period of time, Your use of the Services and the Website;

    5. suspend or terminate access to all or any Data.

    6. For the avoidance of doubt, if payment of any invoice for Access Fees is not made in full by the relevant due date, CricHQ may suspend or terminate Your use of the Services.

8.3   Accrued rights

Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.  On termination of this Agreement You will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use the Services and the Website.

 

9. General

9.1   Relationship of parties

Nothing expressed or implied in this Agreement will be deemed to constitute either party as the partner, agent, or joint venturer of the other party.

9.2   Entire agreement

This Agreement, together with the CricHQ Privacy Policy and the terms of any other notices or instructions given to You under this Agreement, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and CricHQ relating to the Services and the other matters dealt with in this Agreement.

9.3   Waiver

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach.  No waiver will be effective unless made in writing.

9.4   Delays

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement to the extent the delay or failure is due to any cause outside its reasonable control.  This clause does not apply to any obligation to pay money.

9.5   No assignment

You may not assign or transfer any rights or obligations under this Agreement to any other person without CricHQ's prior written consent.

9.6   Governing law and jurisdiction

This Agreement is governed by, and will be construed in accordance with, the laws of New Zealand.  Each party irrevocably submits to the exclusive jurisdiction of the New Zealand courts for the purpose of hearing and determining all disputes under or in connection with this Agreement.

9.7   Severability

If any part or provision of this Agreement is invalid, unenforceable or in conflict with any law, that part or provision is deemed to be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision.  The remainder of this Agreement will be binding on the parties.

9.8   Rights of Third Parties

A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.


Contact:

If you have any questions about our terms and conditions, or any other matter, you can get in touch with us at info@crichq.com

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