By accessing and using the website under the domain auscricket.com.au, you agree with the ACA to be bound by the following terms and conditions ('Terms'). Accordingly, you should review them in relation to all or part(s) of the website.
Your access to and use of the website is also subject to the ACA's Privacy Policy.
USE OF WEBSITE CONTENT
Subject to the absolute right of the ACA to vary access to all or any part(s) of the website at any time without notice to you, you may:
- view the materials displayed on the website, including (without limitation) all information, text, graphics, videos, data, names, logos, trademarks, design, software and advertisements ('Materials');.
- access the Materials contained in the website.
- use the website strictly in accordance with these Terms, provided that, if you are not a member of the ACA, you are not entitled to view or access any Materials displayed or contained in any 'members only' section of the website ('Members Only Materials').
If you wish to download and use a single copy of any website Material for a temporary, non-commercial personal purpose (such as viewing offline), you may do so (excluding any Members Only Materials, unless you are an ACA Member').
Downloading any website Material for the purpose of a reproduction, distribution, broadcast or a re-communication by you is strictly prohibited and may only be done upon receipt of prior written consent from the ACA, and upon payment of any fee required by the ACA to be paid by you for that use. All other use, copying or reproduction of any part of the website or Materials is prohibited.
You must not use the website or Materials in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content.
YOUR OBLIGATIONS
You agree to comply with the following obligations:
- To not copy or translate for commercial use, reproduce, adapt, vary or modify any Materials without the express written consent of the ACA, except as expressly authorised by these Terms.
- To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of these Terms.
- To not provide or otherwise make available any Material in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of the ACA.
- To not use the material in the website for, or in connection with, a service bureau operation.
ACCESS AND ACCURACY OF WEBSITE
You accept that the ACA takes no responsibility for any error or omission relating to the material contained in the website.
You accept that the ACA makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that the ACA will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
The ACA does not warrant that the website content is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause the ACA to be in breach of the terms of these Terms.
The ACA does not represent or warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components. You should protect your software and systems by installing and implementing your own security and system checks.Except as expressly provided in these Terms, or as required by law, we exclude all warranties, undertakings conditions, terms and obligations of any kind (including warranties as to merchantability or fitness for a particular purpose, whether express or implied), relating in any way to the Materials on the website. If any statute implies terms into these Terms, which cannot be lawfully excluded, such terms will apply to these Terms, save that the liability of the ACA for breach of any such implied term will be limited, at the option of the ACA, to any one or more of the following:
- the replacement of goods or services to which the breach relates or the supply of equivalent goods or services; or
- the repair of such goods or services; or
- the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
- the payment of the cost of having the goods repaired or the services performed again.
- the replacement of goods or services to which the breach relates or the supply of equivalent goods or services; or
- the repair of such goods or services; or
- the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
- the payment of the cost of having the goods repaired or the services performed again.
The ACA does not make any representation as to the quality, characteristics, suitability or fitness for any purposes of any products or services advertised or offered on the ACA website.
AMENDMENTS TO TERMS
These are the current Terms as at 21 May 2010.
The ACA may at any time vary and amend these Terms by publishing the varied Terms on the website. You accept that by doing this, the ACA has provided you with sufficient notice of the variation and amendment.
The ACA reserves the right to change, add or remove any Material in or from the website without notice.
It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.
WAIVER
Failure or neglect by the ACA to enforce at any time any of these Terms shall not be construed or deemed to be a waiver of the rights of the ACA.
SEVERABILITY
If part or all of any provision of these Terms or the application to any person or circumstance is illegal or unenforceable, the provision will be read down to such extent as may be necessary to ensure it is not illegal or unenforceable. If any provision or part of it cannot be so read down, the provision or part of it will be severed from these Terms and the remaining provisions of these Terms continue in force.
JURISDICTION
This licence shall be governed by and construed according to the laws of the state of Victoria, Australia and you irrevocably and unconditionally consent to the non-exclusive jurisdiction of the courts of Victoria.
ENTIRE AGREEMENT
Together with the ACA Privacy Policy, these Terms constitute the entire agreement between the parties as to their subject matter and supersede all prior or inconsistent statements or representations as to that subject matter.
DEFINITIONS
The Australian Cricket Players Limited (ACN 639 455 824) trading as the Australian Cricketers’ Association (ABN 81 104 703 910) is a public company limited by guarantee. The ACA is a registered trade mark of Australian Cricket Players Limited. The Cricketers’ Brand is also a registered business name and trade mark of Australian Cricket Players Limited. More information about The Cricketers’ Brand can be found under the ‘Commercial & Partners’ section of the website.
'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
'Intellectual Property' means all intellectual property rights, including, but not limited to, copyright, inventions, designs, trade and service marks (including any goodwill in those marks), trade names, circuit layouts, plant varieties, business and domain names, logos, right to have confidential information kept confidential, or any applications to register or right to apply for registration of any of the rights referred to above.
