ENGLAND AND WALES CRICKET BOARD LIMITED
Website Terms and Conditions
BY CONTINUING TO USE THE RELEVANT PLAY-CRICKET SERVICE (AS DEFINED BELOW) YOU ARE CONFIRMING THAT YOU ACCEPT THE TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THE APPLICABLE PLAY-CRICKET SERVICE IMMEDIATELY
- The Play-Cricket Service. This play-cricket website or app is part of the play-cricket network of sites and apps which includes Play-Cricket.com, Play-Cricket Scorer, Play-Cricket Scorer PRO, Feedback Cricket, Feedback Cricket Online and Play-Cricket Live (individually and collectively, the Play-Cricket Service ). The Play-Cricket Service is available for use by English County Cricket Boards, cricket clubs and other organisations ( Cricket Organisations ) and their representatives. Certain elements of the Play-Cricket Service will have sub-sites that are administered by Cricket Organisations ( Sub Sites )
- About us. The Play-Cricket Service is owned, operated, hosted and provided by the England and Wales Cricket Board Limited (ECB, we, us, our),a company incorporated in England and Wales under company number 3251364. Our VAT Number is 672 86077 07. If you need any information or have a complaint about the Play-Cricket Service or any of our services please contact us by one of the following methods:
|Telephone||Main Switchboard: +44 (0)20 7432 1200|
|Mail (registered office)||The England and Wales Cricket Board, |
Lord's Cricket Ground,
- Site users. The categories of users for the Play Cricket Service are as follows:
|Super Site Administrator||The organisation that has overall control over the whole Play-Cricket Service and content. This is currently the ECB|
|Main Sub Site Administrator||The person nominated by the Cricket Organisation that has control over a Sub Site forming part of the Play-Cricket Service (normally an English County Cricket Board, a cricket club, league or other cricketing entity)|
|Sub Site Administrator||A person nominated by the Cricket Organisation that provides a Sub Site and who administers that Sub Site on its behalf|
|Members||Users of any Sub Sites forming part of the Play-Cricket Service. All members must be over 16 years of age or have the permission of their parent or guardian to use the Play-Cricket Service|
|Scorer||A person responsible for scoring a cricket match using the Play-Cricket Service|
|Analyst||A performance analyst that uses the Play-Cricket Service for performance analysis purposes|
|Coach||A cricket coach that uses the Play-Cricket Service for cricket coaching purposes|
|Player||A player that uses the Play-Cricket Service for personal cricket development purposes|
|County Operations/Media||Users who access the Play-Cricket Service to fulfil their role in First Class County or Media Operations|
|Officials||Cricket Umpires and Cricket Liaison Officers who access the Play-Cricket Service as part of their officiating role|
- Additional terms. Additional terms, which form part of these Terms and Conditions, apply to the access and use of certain Play-Cricket Service services. Please click on the relevant link(s) below to view the terms:
IT IS IMPORTANT THAT YOU UNDERSTAND AND ARE COMFORTABLE WITH THESE TERMS AND CONDITIONS BEFORE USING THE RELEVANT SERVICE AND WE ENCOURAGE YOU TO TAKE TIME TO READ THEM
|Play-Cricket Sub Site Administration Terms and Conditions||Click here|
|Terms that apply to purchases made on any of the Play-Cricket Service||Available at time of purchase|
- Registration. Users of the ECB services (including the Play-Cricket Service) may be required to register in order to use certain facilities.
THE PLAY-CRICKET REGISTRATION ONLY APPLIES FOR USE OF THE PLAY-CRICKET SERVICE. ECB PARTNERS (AS DEFINED BELOW) MAY HAVE THEIR OWN REGISTRATION REQUIREMENTS.
- Username and passwords. During the registration process you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person. In some cases, your username and password may be used for multiple ECB systems and services to make your use of them simple.
- ECB Partners. The ECB has business relationships with a number of third parties (ECB Partners) and some of the goods and services available on or through the Play-Cricket Service are provided by those third parties. Each ECB Partner has its own terms of business and privacy practices and you should check that you are satisfied with them before you agree to take any of their goods or services.
- Offers, promotions, software and downloads. The ECB, ECB Partners and each of the Cricket Organisations may occasionally promote their goods or services via the Play-Cricket Service, any Sub Site or through other direct marketing initiatives or may make software and other materials available for you to purchase or download. Whilst we carry out some checks on ECB Partners and the Cricket Organisations and try to encourage them to offer good quality products, services and materials at competitive prices we have no control over them, nor do we give you any assurances about the products or services they offer, or that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same.
- Ownership of materials. As between you and the ECB, the ECB owns all right, title and interest (including all intellectual property rights) in and to the Play-Cricket Service, the data, materials or software/apps featured on or in relation to it, or provided to or by you through it (Play-Cricket Content) and the Sub Sites (including the contents thereof).
- License terms. You are permitted to display the materials on the Play-Cricket Service on a computer screen/tablet/smartphone and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us or any of the Cricket Organisations provided you do not alter or remove any of the Play-Cricket Content or any part of the Play-Cricket Service or any Sub Site without our express written permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
You are permitted to: (a) establish a link to the Play-Cricket Service from other sites; and (b) download certain Play-Cricket Content (as expressly permitted by the Play-Cricket Service) in order to include such Play-Cricket Content in a league table or league handbook for your Cricket Organisation, or on the website of your Cricket Organisation, (the Permitted Uses),provided that if: (i) we believe it would damage the ECB, any other Cricket Organisation, any ECB Partner, or might otherwise damage the reputation of cricket; or (ii) you link, combine or associate the Play-Cricket Service or any of the Play-Cricket Content with branding, marketing, advertising or promotional materials of a third party, you must remove the link/Play-Cricket Content immediately if we ask you to do so.
Subject to the Permitted Uses set out above, you agree not to:
- copy, reproduce, store (in any medium or format),distribute, transmit, modify, create derivate works from all or any part of the Play-Cricket Service or the Play-Cricket Content, without our prior written consent (which may be given or withheld in our absolute discretion)
- use the Play-Cricket Service or any Play-Cricket Content for any commercial purpose (including to provide services to any third party),save that if you are an Analyst or Coach employed or contracted by a Cricket Organisation that is a first-class county cricket club in England and Wales (your Primary FCC) to provide cricket analysis/coaching services, you shall be entitled to use the Play-Cricket Content to provide such cricket analysis/coaching services to that Primary FCC for the period that you are employed/contracted to that Primary FCC, but you shall not be entitled to use or supply any Play-Cricket Content in connection with the provision of services to any other cricket organisation anywhere in the world.
- combine or integrate any of the Play-Cricket Content with any other software, tool or application, other than solely in your capacity as an Analyst or Coach providing cricket analysis/coaching services to your Primary FCC as set out above
- use the Play-Cricket Site Service or any Play-Cricket Content, for:
- any unlawful purpose or in contravention of applicable law
- commercial exploitation without our prior written consent
- any advertising or marketing without our prior written consent
- any purpose or in any manner that may give a false or misleading or negative impression of the ECB, our staff or our services or those of any Cricket Organisation
- use, upload or transmit
- any material that is defamatory, offensive, obscene, sexually orientated, racist, threatening, intimidating, false, misleading or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person
- any device, software, file or mechanism which may interfere with the proper operation of the Play-Cricket Service or ECB systems
- sell, lease, licence, loan or otherwise make available to any third party any element of the Play-Cricket Service unless expressly permitted by us
- except as expressly permitted by the ECB in writing, decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through the Play-Cricket Service
- do anything that may interfere with or disrupt the Play-Cricket Service
- impersonate any other person when using the Play-Cricket Service
- access any of the Play-Cricket Content using automated means or attempt to access any of the Play-Cricket Content that you do not have permission to access
- encourage or permit others to do any of the above
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU, THE ECB AND/OR ANY CRICKET ORGANISATION. THE ECB AND/OR CRICKET ORGANISATIONS WILL BE ENTITLED TO PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY EACH SUFFER AS A RESULT OF YOUR ACTIONS
- Suitability of materials provided via the Play-Cricket Service. No assurance is given that the materials provided or available to you on or through the Play-Cricket Service are suitable for your requirements or that they will be secure, error or virus free and neither the ECB nor any Cricket Organisation will have any liability in respect of those materials.
- Materials submitted to the Play-Cricket Service. You confirm that you own or have sufficient license rights, permissions and consents to be able to provide to the ECB for use as anticipated by these Terms and Conditions, all materials (whether data, photographs, images or otherwise) that you submit on or to the Play-Cricket Service (Submitted Materials). Where Submitted Materials include an image of any person who is under the age of 16 (Child),you confirm that you have obtained the consent of that Child’s parent or guardian and for any Child who is aged 12 or over, you have also obtained the Child’s consent. You must not include any personal information about Children in any Submitted Materials. You confirm that the Submitted Materials are accurate and not misleading. You hereby acknowledge and agree that the ECB is under no obligation to delete any Submitted Materials, even if you no longer use the Play-Cricket Service.
- Availability. The Play-Cricket Service is provided free of charge and “as is” and “as available”. We make no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the Play-Cricket Service or any of its content at any time without notice and without incurring any liability.
- Access restrictions. The ECB is entitled, in its absolute discretion, to remove any Submitted Materials. The ECB will be entitled to suspend or terminate your access to the Play-Cricket Service/Play-Cricket Content and the Main Administrator for each Sub Site will be entitled to suspend or terminate your access to their Sub Site at any time without reason and without liability.
- Links from and advertisements on the Play-Cricket Service. From time to time, links to other websites and / or advertisements may be provided on the Play-Cricket Service that are owned, provided and/or controlled by third parties. These links and advertisements are provided only for your interest and convenience and neither the ECB nor any Cricket Organisation have any control over them and will have no liability in respect of any of them.
- Monitoring. The ECB may monitor activity and content on the Play-Cricket Service and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
- Feedback. Any feedback that you give about the Play-Cricket Service may be used by us for any purpose (including developing the Play-Cricket Service) without any obligation to compensate you for your contribution.
- Technical Requirements. You will need to ensure that you comply with any operational or technical requirements we notify to you from time to time as being necessary for your use of any element(s) of the Play-Cricket Service.
- Accuracy of information. We take care to ensure that all information available on the Play-Cricket Service about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Commercial and legal practice change frequently and the materials on the Play-Cricket Service, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific legal, financial or other professional advice and should not be read or used as such.
- Use of the play-cricket forum. As part of your access to the Play-Cricket Service, you will be entitled to access the Play-Cricket Service Forum (Forum). You acknowledge and accept that the Forum is not moderated. Neither the ECB nor any Cricket Organisation is responsible for, or in any way liable in respect of, any messages or other materials posted in the Forum. When you use the Forum, you agree to comply with the license terms at paragraph 11 above in respect of your postings.
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU, THE ECB AND/OR ANY CRICKET ORGANISATION. THE ECB AND/OR CRICKET ORGANISATIONS WILL BE ENTITLED TO PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY EACH SUFFER AS A RESULT OF YOUR ACTIONS In the event you consider another user has posted materials which do not comply with this clause, please notify the Super Site Administrator who will take appropriate action (which may include removing offending postings suspending, attaching conditions to or terminating the user’s access and/or notifying the authorities or relevant regulators of offending activities) as soon as reasonably practicable.
- Disclaimer. ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THE PLAY-CRICKET SERVICE IS CORRECT AND SUITABLE FOR USE, MISTAKES MAY, OCCASIONALLY, OCCUR AND THE ECB DOES NOT GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THE PLAY-CRICKET SERVICE OR ANY OF THE SUB SITES IS ACCURATE, COMPLETE OR CURRENT OR THAT THE PLAY-CRICKET SERVICE OR SUBSITES WILL BE FREE OF DEFECTS OR VIRUSES.
NOTHING CONTAINED IN THE PLAY-CRICKET SERVICE SHOULD BE CONSTRUED AS COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE MATERIAL CONTAINED IN THE PLAY-CRICKET SERVICE OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION OR USE OF THE PLAY-CRICKET SERVICE OR ANY OF THE SUB SITES.
- Use of the Play-Cricket Service outside England and Wales. The ECB makes no claims or representations that any or all of the Play-Cricket Content or any content of the Sub Sites may be lawfully viewed or downloaded outside mainland England or Wales and, unless otherwise specifically stated, the Play-Cricket Content and the Play-Cricket Service is directed solely at users who access them from mainland England or Wales.
IF YOU CHOOSE TO ACCESS THE PLAY-CRICKET SITE NETWORK FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. IF YOU CHOOSE TO ACCESS THE PLAY-CRICKET SERVICE FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
- Liability for our mistakes. NEITHER WE NOR ANY CRICKET ORGANISATION WILL BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) UNLESS:
(A) THERE IS A BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY THE ECB / THE CRICKET ORGANISATION;
(B) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
(C) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OF THE ECB / CRICKET ORGANISATION (AS APPLICABLE).
- Waiver. No delay or decision not to enforce rights under these Terms and Conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
- Governing law. These Terms and Conditions are subject to the laws of England and Wales and you, the ECB and each Cricket Organisation hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.
WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THE PLAY-CRICKET SERVICE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING.
IF YOU USE THE PLAY-CRICKET SERVICE AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS