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.
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.
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.
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.
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).
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.
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.
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.
These terms and conditions form the entire agreement between us and you relating to our website and your use of the website.
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.
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:
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.
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.
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.
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.
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.
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:
Information sharing and disclosure
In relation to personal information we:
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
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
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.
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.
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.
1.1 In this Agreement, the following terms have the following meaning unless the context requires otherwise:
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.
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
(a) 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.
(b) 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
(a) 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.
(b) As a condition of this Agreement, when accessing and using the Services, You must:
(i) 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;
(ii) 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;
(iii) 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;
(iv) 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
(v) 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.
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
(a) 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.
(b) Your obligations under this clause will survive termination of this Agreement.
(c) The provisions of this clause 4 shall not apply to any information which:
(i) is or becomes public knowledge other than by a breach of this clause;
(ii) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
(iii) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
(iv) is independently developed without access to the Confidential Information.
5. Intellectual property
(a) 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).
(b) 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: (a) does not give You any ownership of, or any other intellectual property interest in, any CricHQ content; and (b) 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
(a) 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.
(b) 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
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.
You acknowledge that:
(a) 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.
(b) 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:
(i) You are responsible for ensuring that You have the right to do so;
(ii) 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
(iii) You will indemnify CricHQ against any claims or loss relating to:
(A) CricHQ's refusal to provide any person access to the Data in accordance with this Agreement; and
(B) CricHQ’s making available Data to any person.
(c) The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
(d) 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.
(e) 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.
8.1 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.]
(i) 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;
(ii) 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
(iii) 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:
(iv) terminate this Agreement and Your use of the Services and the Website;
(v) suspend, for any definite or indefinite period of time, Your use of the Services and the Website;
(vi) suspend or terminate access to all or any Data.
(b) 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:
(a) remain liable for any accrued charges and amounts which become due for payment before or after termination; and
(b) immediately cease to use the Services and the Website.
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
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.
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.
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.
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 firstname.lastname@example.org 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.
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.
2.2 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.
5.1 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.
13.1 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.
15. Contact Details
Address: 89 Upland Road, Kelburn, Wellington, 6021, New Zealand
Phone: +64 4 384 6286
Terms & Conditions
Information on how to enter and prizes form part of these Terms & Conditions of Entry. Entry into this promotion is deemed acceptance of these Terms & Conditions of Entry.
Entry is open to anyone globally. Employees and their immediate families of CricHQ Limited (the Promoter), participating association(s), and agency(s) involved with this promotion, should they choose to, may also participate in submitting an entry.
During the promotional period, all entrant(s) who participate by submitting their nominated website for 'Worst Cricket Websites', through the relevant channels on about.crichq.com, will automatically be entered into the competition.
The number of entries into the draw is limited to one (1) submission per entrant. Multiple submissions by the same entrant will be regarded as spam at the discretion of the Promoter (CricHQ).
In the event of dispute of identity of a drawn winner, the winner will be the person named in the submission through CricHQ. Only one (1) submission per entrant is permitted.
The 100 selected submissions drawn will be deemed the winners and will receive one (1) prize to the value of USD$200.
The total prize is valued at USD$200, which is the equivalent of the first (1st) year's subscription cost. Prize does not include ancillary costs associated with redeeming the prize. These are the sole responsibility of the prize winner.
Prize is subject to the Terms & Conditions applicable to the prize. It is the sole responsibility of the winner to read and understand the Terms & Conditions of the prize.
Prize must be taken as offered. The prize, or any unused portion of the prize, is not transferable or exchangeable. The Promoter reserves the right to change the prize to the same or equal value at any time if the prize becomes unavailable. The prize is valued in United States dollars (USD). The Promoter accepts no responsibility for any variation in the prize value. In the event that a portion of the prize is awarded to the winner in the form of a voucher/ticket/pass/letter, redemption of that portion of the prize will be subjected to the Terms & Conditions stipulated on the voucher/ticket/pass/letter. The Promoter will not be liable for any voucher/ticket/pass/letter that has been lost, stolen forged, damaged or tampered with in any way. Redemption of the prize is subject to the standard terms and conditions of the service provider.
Your CMS Website subscription will be live following the agreed upon implementation date, and will last for three hundred and sixty-five (365) days exactly (subscription period).
Your payment to CricHQ will automatically renew at the end of the subscription period, unless you cancel your CMS Websites Paid Subscription through your subscription page by giving 30 days notice before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and your website, along with all content, properties, data, and any such related copy and collateral, will be pulled offline at the discretion of CricHQ, and owned wholly by CricHQ to use, thereafter, to their discretion. However, if you cancel your CMS Websites Paid Subscription and/or terminate any of the agreements, or before the end of the current subscription period, we will not refund any subscription fees, if any, already paid to us. The refund method will depend upon the payment method.
CricHQ may change the price for the CMS Websites Paid Subscriptions, from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for CMS Websites Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the CMS Websites Paid Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the CMS Websites Paid Subscriptions prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
The Promoter reserves the right to verify the validity of entries. The Promoter reserves the right to request that the winner provide proof of age and identity prior to awarding the prize. Identification considered suitable for verification is at the discretion of the Promoter. Prize winner may be required to sign a declaration confirming their eligibility to accept the prize.
Within seven (7) days of the prize draw, the winner will be notified by email of the prize they have won and how the prize will be delivered. In the event that a winner is unable to be contacted, and all methods of communication have been exhausted and are unsuccessful, the unclaimed prize will remain the property of the Promoter.
By entering, entrants agree that the Promoter, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and their respective officers, directors, and employees shall not be liable for injury, loss (including but not limited to indirect or consequential loss), or damage of any kind resulting from participating in this promotion or from the acceptance or use/misuse of the prize awarded. This includes, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
No responsibility accepted for late, lost, or misdirected entries and all entries are deemed to be received at the time of the receipt of the web entry into the Promotion database and NOT time of transmission by the entrant.
The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this competition, or for any technical error that may occur in the course of the administration of this competition. The Promoter assumes no responsibility for any error omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
The Promoter may conduct such further draws at the same time and place as the original draw as are necessary on 1 June 2017 in order to distribute any prize(s) unclaimed by that date. In the event of any winner(s) of a prize worth more than NZD$500 in an unclaimed prize draw, the winners will be notified in writing and their names will be published on the Promoter’s website www.crichq.com, about.crichq.com, www.facebook.com/CricHQ, and www.twitter.com/CricHQ, on 1 June 2017.
The Promoter is: CricHQ Limited, 89 Upland Road, Kelburn, Wellington 6012
CricHQ is the sole sponsor and operator of this competition. Facebook is in no way apart of, or liable, for the running of, and the subsequent result of, this competition. CricHQ have a strict no-tolerance policy, and reserve the right to remove all content, comments, and shares on pages, if judged by CricHQ to be inappropriate, defamatory, or offensive in nature. 'Worst Cricket Websites' is a contest-based competition; meaning the winning entry(s) are drawn by the specific contest criteria laid out by CricHQ. By entering this competition and agreeing to the terms & conditions, the entrant(s) is releasing Facebook of all liability. 'Worst Cricket Websites' competition entry is predicated on user submitted content, not on amount of likes, reactions, mentions, comments, and/or shares the submission tweet gets on Twitter, nor the amount of tweets submitted. 'Worst Cricket Websites' does not require entrants to promote the competition by sharing on individual profile(s), timeline(s), page(s), and/or in Facebook Messenger or any other third party app, as criteria for entry, however they may, in an appropriate manner, promote the contest should they choose to.
CricHQ is the sole sponsor and operator of this competition. Twitter is in no way apart of, or liable, for the running of, and the subsequent result of, this competition. CricHQ have a strict no-tolerance policy, and reserve the right to remove all content, tweets, replies and retweets, if judged by CricHQ to be inappropriate, defamatory, or offensive in nature. All hashtags associated with 'Worst Cricket Websites' must be used in conjunction with relevant updates. 'Worst Cricket Websites' is a contest-based competition; meaning winning entry(s) are drawn by the specific contest criteria laid out by CricHQ. By entering this competition and agreeing to the terms & conditions, the entrant(s) is releasing Twitter of all liability. CricHQ discourages entrant(s) to create and use multiple accounts, as well as posting the same tweet repeatedly. 'Worst Cricket Websites' competition entry is predicated on user submitted content, not on amount of likes, retweets, mentions, and/or replies the submission tweet gets on Twitter, nor the amount of tweets submitted. 'Worst Cricket Websites' does not require entrants to promote the competition by sharing on individual profile(s), direct message(s), and/or in any other third party app, as criteria for entry, however they may, in an appropriate manner, promote the contest should they choose to.
If you have any questions about our terms and conditions, or any other matter, you can get in touch with us at email@example.com
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