Woolworths Cricketblast App
Cricket Blast App Terms & Conditions
- If you are a Woolworths CricketBlast administrator using the Application (Administrator[EJ1]), you also agree to the Woolworths CricketBlast Administrator Terms (as modified by Cricket Australia from time to time) which are located at https://community.cricket.com.au/cricketblast-app-administrator-terms-and-conditions
- Cricket Australia reserves the right to suspend, terminate or otherwise deal with your Licence in relation to the Application and its content at any time.
- The Application is only accessible via the following platforms or devices owned and controlled by you:
- supported Android devices; and
- supported iOS devices.
- You must not use the Application:
- if you are under the age of 13 years old; or
- if you have been suspended by Cricket Australia from use of the Application or your Account has been terminated.
- You must not use the Application for the following:
- to impersonate any person or entity;
- in a manner that, in CA’s sole discretion, restricts or inhibits any other user from using or enjoying the Application;
- to solicit login information or access an account belonging to someone else;
- to bully, intimidate, or harass any user; and
- You must not:
- reverse engineer, decompile, or disassemble the Application;
- reproduce, modify, enhance, translate, alter, tamper with, upgrade or create derivative works of the whole or any part of the Application or combine, integrate or incorporate the whole or any part of the Application in any other software or system;
- remove, alter, obscure or deface any:
- patent, copyright, trademark, or proprietary rights notices of Cricket Australia or its licensors;
- trade mark, service mark, get up, livery, logo or branding, proprietary or restricted use legend; or
- disclaimer, warning, instruction or advisory notice, which are contained in or affixed to the Application; or
- do anything that would prejudice Cricket Australia’s right, title or interest in the Application.
- You must not:
- You must not disrupt or try to disrupt the Application or use the Application to distribute software viruses or other harmful programs, including by uploading, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
- You must not infringe any applicable laws, regulations or Cricket Australia policies when accessing the Application.
- If Cricket Australia takes any action to suspend or terminate your access to the Application pursuant to clause 1.14, you agree that you will not create another Account without Cricket Australia’s permission, or take any other action to circumvent Cricket Australia’s suspension or termination of access.
- You acknowledge that Cricket Australia has absolute editorial control over the Application and all contain contained within it at all times. Cricket Australia reserves its right to modify, suspend or discontinue all or any part of the Application without giving you any notice.
2. Using the Application
- The Application requires network connectivity and location services to function properly. Please note that poor signal quality (dependent on your location and service provider) may slow down or prevent the Application from working at optimum speed. If you have concerns regarding the quality of your signal strength, please contact your mobile network service provider directly.
Data usage charges and other costs
- You are solely responsible for paying all expenses you may incur when you access or use the Application, your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use the Application, or any other services included in the Application.
- Cricket Australia is not responsible if your equipment or software is not compatible with the Application.
- Cricket Australia may collect device-specific information when you install, access, or use the Application. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information, and device identifiers. We collect device location information if you use our location features on the Application.[EJ2]
- Cricket Australia may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application. Cricket Australia may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that Cricket Australia contracts with to help provide our services cannot use your personal information for their own purposes without your express consent.
4. Access to the Application
- To obtain access to the Application, you will either:
- enter as a guest, which will limit your access to some functionality of the Application; or
- be required to create an account through the MyCricket Application (Account).
- The MyCricket Application Terms and Conditions will apply to such Account once created (located at https://community.cricket.com.au/terms-and-conditions).
- You agree:
- that you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your computer and your Password;
- not to circumvent the password restrictions on the Site, nor allow others to do so on your behalf;
- not to use anyone else’s Password; and
- to notify Cricket Australia immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
- You acknowledge and agree that:
- that you shall be solely liable and responsible for all activities that occur under your Password; and
- that Cricket Australia shall not be responsible for your failure to comply with this clause or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than Cricket Australia.
5. Updates and New Releases
- Cricket Australia may make available Updates for the Application that may incorporate:
- corrections of any substantial defects;
- fixes of any minor bugs; and
- at the sole discretion of Cricket Australia, enhancements to the Application.
- You may accept and use any Update that Cricket Australia makes available by downloading or accessing the Updates.
- Cricket Australia is responsible for maintenance and support but only to the extent required by any applicable laws. Apple is not responsible for any maintenance and support in connection with the Application.
6. Intellectual Property
- All Intellectual Property Rights, including adaptations, translations and derivative works in the Application (excluding the User Generated Content) are the exclusive property of Cricket Australia (or its licensors, if applicable), and vest in or are transferred to Cricket Australia immediately upon creation, as the case may be.
- All Intellectual Property Rights in the content, software and systems owned by or licensed to Cricket Australia in respect of the Application, including video, audio, images, text, logos, names, designs, trademarks and copyright are reserved to Cricket Australia and any of its third party licensors (as applicable).
- The Application includes several registered and unregistered trade marks owned by Cricket Australia, including without limitation “Cricket Australia” and “CricketBlast” and each of their associated logos, and all rights in respect of these trade marks are reserved. You may not use these trade marks without the prior written consent of Cricket Australia.
- Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Application is strictly prohibited without Cricket Australia's prior written consent. Systematic retrieval of data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Cricket Australia is prohibited.
7. Product Claims
- Cricket Australia, and not Apple, is responsible for addressing any of your claims or any third party relating to the Application including, but not limited to:
- product liability claims;
- any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under the Australian Consumer Law or similar legislation.
- All complaints and claims should be directed to Cricket Australia.
Limitation on Liability
- Where Cricket Australia’s liability cannot be lawfully excluded, it is limited at the option of Cricket Australia, to:
- the resupplying of access to and use of the Application; or
- the payment of the cost of having access to and use of the Application supplied again.
- You agree that your access to and use of the Application will be at your sole risk.
- You will at all times indemnify Cricket Australia and will continue to indemnify, hold harmless and defend Cricket Australia and its principals, agents, servants and employees (in this clause referred to as 'those indemnified') from and against all liabilities, costs and expenses suffered or incurred by any of those indemnified including, without limitation, all reasonable legal fees incurred by those indemnified, arising out of or in connection with any of the following, except to the extent that any liability, loss or damage is solely and directly caused by the wilful misconduct or negligence of those indemnified:
- any unauthorised use or disclosure of the Application by you;
- any User Generated Content, or use by Cricket Australia of your User Generated Content;
- any claim by a third party as a result or arising out of:
- the use of the Application by any means and in any form that was not specifically approved by Cricket Australia;
- the use of the Application in a manner or for a purpose not reasonably contemplated or not authorised by Cricket Australia;
- the modification, adaptation, merger or alteration of the Application without Cricket Australia’s prior written consent; or
- any wilful, unlawful or negligent act or omission by you.
- Nothing in this agreement authorises you to defend, compromise or settle any claim or proceedings on Cricket Australia’s behalf.
10. Advertising and Links to Websites
- The Application may contain links to third party sites (Linked Sites). Linked Sites are not under Cricket Australia’s control and Cricket Australia is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). Cricket Australia provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Cricket Australia or by its Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk.
- Neither Cricket Australia nor its Personnel give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor does Cricket Australia or accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
- modifications to the Application that were effected or attempted by a person other than Cricket Australia or its authorised representatives;
- access and use of the Application;
- any act, error, fault, neglect, misuse or omission of you; or
- Cricket Australia does not promise you any of the following with respect to your use of the Application:
- that you will have uninterrupted or error-free access to and use of the Application;
- that the content of the Application is accurate, complete, or suitable for a particular purpose.You must rely on your own judgment in relation to any matter of that type;
- that your internet or mobile service provider will allow you access to the Application. You are responsible for ensuring your service provider will allow you access to the Application and its content and for any costs and service fees associated with the access; or
- that your computer, mobile or other hardware devices will allow you access to the Application. You are responsible for ensuring your devices will allow you access to the Application and its content and for any costs and service fees associated with the access.
- Cricket Australia gives no warranty that the Application does not infringe the Intellectual Property Rights of any person.
- If there are any third party claims relating to Intellectual Property Rights regarding the Application, Cricket Australia will be responsible, and not Apple, for any investigation, defence, settlement and discharge of any such claim.
- If Cricket Australia elects not to exercise or enforce any right that it has against you at a particular time, this does not prevent Cricket Australia from later seeking to exercise or enforce that right.
- If you need to contact Cricket Australia in respect of the Application, please do so by emailing email@example.com.
- Application means a digital application available for iOS and Android, which is intended for use by parents/guardians of participants in, and co-ordinators of, the Woolworths CricketBlast Program, which will allow Cricket Australia and co-ordinators to communicate with such parents/guardians in relation to upcoming sessions and other activities related to the Woolworths CricketBlast Program.
- Consequential Loss means indirect, economic, special or consequential loss or damage, including loss of revenue, time, goodwill, data, anticipated savings, opportunity, loss of production, and loss of profit.
- Intellectual Property Rights includes all intellectual property rights whether registered or unregistered including:
- copyright, patent, trademark, design, registered design, trademarks, trade or other protected rights, or related rights, existing worldwide; and
- any licence, consent, application or right, to use or grant the use of, or apply for the registration of, any of the rights referred to in (a).
- MyCricket Application means the application available for iOS and Android through which statistics, scores, fixtures and results on the MyCricket App national cricket management system are accessible.
- Personnel means directors, officers, employees, agents and contractors.
- Updates means modifications, enhancements and new versions of the Application.
- Woolworths CricketBlast Program means the national entry level cricket program run under the auspices of Cricket Australia, which includes a program for 5 – 8 year olds and a program for under 9s, aimed at attracting participants to the game of cricket and developing their cricket skills.