These terms apply to Your use of the Brisbane Heat VR Application (App) (Terms).
- These Terms govern Your access to and use of the App, comprising:
- This App; and
- Our associated software in accordance with the Licence below.
- We will grant to You the right to access and to use the App, subject to these Terms.
- These Terms form a binding contractual agreement between You and Us. Please read these Terms carefully and let Us know if You have any questions, before using the App.
- By using the App You acknowledge that You have had a sufficient chance to read and understand these Terms and that You agree to be bound by them. If You do not agree to be bound by the Terms, You should exit from and immediately cease to access or otherwise use the App.
- You confirm that You are at least 18 years of age and are able to accept these Terms. If You are not at least 18 years of age, You must have a parent or guardian accept these Terms and We will act on the basis that You have had a parent or guardian accept these Terms on Your behalf.
- You will be responsible for all costs and charges (including from Your service provider together with all costs of the equipment and software You need to connect to and use the App and any other services included in the App) in accessing and using the App.
- We may collect personal information from You and/or use de-identified information obtained as a result of Your use of the App, in accordance with these Terms.
Access to and use of the App
- The App provides a match day experience for subscribers and users.
- In order to use the App, You will be asked to create a profile and to access Your saved profile through a username and password.
- You must not disclose Your username and password to any other person or allow others access to Your profile and must retain those details securely.
- You will notify Us immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
- If You elect not to create a profile, Your ability to access and use the App may be restricted.
- You may be asked to login to use the App via a compatible social media platform and it is Your sole responsibility to maintain registration of Your social media account.
- You agree to:
- provide current, complete, true and accurate information; and
- maintain and update your information as required to keep it current, complete and accurate from time to time.
- You will be allowed (subject to functionality) to:
- view, download and/or print from the App, for Your personal use; and
- insert information to enable Your registration to the App.
- On acceptance of these Terms, We will grant to You a non-exclusive, worldwide, non-transferrable licence to use the App (and the Software associated with the App) in accordance with these Terms.
- If You purchase the App through the Apple App Store™ and/or Google Play™, in addition to these Terms, Your use of the App is also subject to Apple’s EULA (End User Licence Agreement) www.apple.com/legal/itunes/appstore/dev/stdeula/ or Google Play Terms of Service play.google.com/intl/en_au/about/play-terms depending on Your compatible device. To the extent of any conflict between these Terms and Apple's EULA or Google Play Terms of Service, these Terms will prevail.
- You agree that You will not and will not permit others to, without Our express prior written permission:
- reproduce, modify, enhance, translate, alter, tamper with, upgrade or create derivative works of or edit the whole or part of any content, including without limitation all text, graphics, images, software, information and any other materials on this App (Content);
- publish or sell the Content including but not limited to making the Content available by other means including on any other website, App or device;
- add any Content to the App (other than as permitted by these Terms);
- use the App for any unlawful purpose or for any purpose other than as expressly authorised by these Terms;
- alter or remove any copyright, trade mark or other proprietary notice, including any disclaimer, warning, instruction or advisory notice, appearing on this App;
- reverse engineer, translate, adapt or modify any software used in connection with this App;
- create any links from any other website to this App;
- do anything that would prejudice Our right, title or interest in the App.
- attempt to circumvent or modify any technological measure (such as digital rights management software on your handset or device);
- disrupt or try to disrupt the App or use the App to distribute software viruses or other harmful programs; or
- charge others for accessing the App in any way, including through sub-licence, assignment or transfer.
- We reserve the right to vary these Terms from time to time. You agree to be bound by the varied Terms by continuing to use the App.
Using the App
- The App requires network connectivity and location services to function properly.
- Poor signal quality (dependent on Your location and service provider) may slow down or prevent the App from working at optimum speed. If You have concerns regarding the quality of Your signal strength, please contact Your mobile network service provider directly.
- We are not responsible if Your equipment or software is not compatible with the App or any other services included in the App.
- You acknowledge that We reserve the right to modify, suspend or discontinue all or any part of the App without prior notice to You, although we will endeavour to provide You with reasonable notice in the event that We propose to take such action.
- We may make available updates for the App that may incorporate corrections of any substantial defects, fixes of any minor bugs; or enhancements to the App (at Our sole discretion).
- You may accept and use any update that We make available by downloading or accessing the update.
- We are responsible for maintenance and support, but only to the extent required by any applicable laws.
- You may periodically receive information from Us regarding discounts, updates and new offerings the App and other products and services provided by Us, Our related entities including Cricket Australia, and Our commercial partners.
- You also agree that We may disclose Your personal information to other parties, including Our third party service providers, who may be located overseas (and so Your personal information may be disclosed) in other countries from time to time.
- You can request to access, update or correct any personal information which We hold about You by writing to Our Privacy Officer at 60 Jolimont Street, Jolimont, VIC 3002 or sending an email to email@example.com
No sharing of information
- You acknowledge that We may use all information collected and data obtained through Your use of the App, in any way We may require. You also permit us to authorise any other person to do the same thing.
- You acknowledge that We own (exclusively) all rights in relation to the data which We collect or obtain as a result of Your use of the App. To the extent required, You assign to Us all rights which You may have (if any) in relation to the ownership and use of the data.
- Subject to clauses 29 - 35, We will not use Your personal information or provide it to any third party without Your express consent.
- We are either the legal or beneficial owner (including under licence) of all rights and content in the App. That includes having copyright in the content and its arrangement, copyright in the source code of any software and the legal or beneficial ownership of all trademarks.
- However, We give no warranty that the App does not infringe the Intellectual Property Rights of any person.
- Nothing in these Terms constitutes a transfer of any intellectual property rights to You. You acknowledge and agree that We own all intellectual property rights in the App and that You are entitled to access and utilise those intellectual property rights only for the purposes set out herein.
- Nothing contained in the App is intended to or will be construed as granting any other right to You in the nature of intellectual property rights and You must not exploit any intellectual property which forms part of the Content or which otherwise appears on the App.
Disclaimer and Limitation on Liability
- We do not accept liability for any decisions made or actions taken as a consequence of the information provided by the App or by any linked websites or Our commercial partners.
- While all care is taken by Us in the compilation of the App (and the content and material therein), You agree that You use this App at Your own risk.
- To the extent permitted by law, the App is provided without any representations or endorsements made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You acknowledge that You have made Your own determination as to the suitability of the App for Your purposes and have not relied on any statements or representations by Us in making that decision.
- To the extent permitted by law, We are not liable for any damage to Your computer equipment or other property or the property of any third parties caused by any viruses that may be transmitted from the App or by any linked third party Site.
- It is Your responsibility to install and maintain, at Your own expense, any security measures including, but not limited, to the use of anti-virus mechanisms, firewalls and the like.
- modifications to the App that were effected or attempted by a person other than Us or Our authorised representatives;
- any act, error, fault, neglect, misuse or omission by You; or
- the operation of the App other than in accordance with these Terms.
- To the full extent permitted by law:
- We exclude all liability in relation to the provision of the App including in respect of loss of data, interruption of business or any consequential or incidental damages.
- We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- These Terms are to be read subject to any legislation which prohibits or restricts exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, We limit Our liability in respect of any claim to, at Our option:
- In the case of goods:
- The replacement of the goods;
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The repayment of the cost of replacing the goods or of acquiring equivalent goods; or
- In the case of services:
- The supply of the services again; or
- The payment of costs of having the services supplied again.
- Subject to clauses 43 – 50 and 52, Our maximum aggregate liability for all proven losses, damages and claims arising out of or in connection with these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
- To the maximum extent permitted by law, We and any of Our personnel, licensors and/or suppliers will not have any liability for any indirect or Consequential Losses whatsoever for any reason arising in connection with these Terms and/or the use of the App.
- Subject to any provision which is expressed to survive the termination of these Terms, these Terms will terminate automatically if, for any reason, We cease to operate or provide the App.
- We may terminate Your access to all or any part of the App immediately if You commit a breach of any of these Terms or otherwise upon reasonable notice.
- In addition to any other remedies available to Us, whether at law or otherwise, in relation to your failure to comply with any of the terms or conditions in these Terms, We have the right to terminate Your access to the App immediately. If We terminate Your access to the App for cause (e.g., Your breach of the Terms), We reserve all other rights available to Us in connection with Your breach.
Modification to Terms
- At any time and in Our absolute discretion We may amend these Terms and any other of our policies relating to the App and We reserve the right to do so without prior notice. Such amendments will be effective upon their posting on the App, or as otherwise notified. You are responsible for regularly reviewing these Terms. Continued use of the App after any such amendment shall constitute Your consent to such amendment.
- Where: a party (Supplier) makes a taxable supply to another party (Recipient), the Recipient must pay to the Supplier an additional amount equal to the GST payable by the Supplier (unless the consideration for that taxable supply is expressed to include GST).
- The additional amount must be paid when any consideration for the taxable supply is first paid or provided. The Supplier must provide to the Recipient a tax invoice at the time of payment.
- If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect as if these Terms had been drafted with the invalid or unenforceable portion deleted.
- Each party must, at its own expense, do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- These Terms are governed by the laws of the State of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.
- Subject to the Agency Agreement entered into by the parties, these Terms record the entire agreement between You and Us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of the Terms.
- You must not assign, sublicense or otherwise deal in any other way with any of Your rights under these Terms without Our prior written consent.
- Nothing contained in these Terms creates any relationship of partnership or agency between us.
- Failure or delay by Us in enforcing any provision of these Terms does not mean that We no longer regard that provision as binding nor shall it amount to a waiver. A waiver by Us of a provision shall not constitute a waiver of any other breach of these Terms.
- These Terms and any documents incorporated by reference, constitute the entire agreement between us.