Terms and Conditions

WEBSITE TERMS AND CONDITIONS

This website (“Site”) is owned and operated by Michael Clarke Cricket Academy Pty Limited ACN 160 225 712 (“Us”, “We” or “Our”).  Use of the Site is subject to the following terms and conditions which are comprised of:

  1. these terms and conditions;
  2. Privacy Policy;

and any disclaimers, notices or rules displayed by Us elsewhere on the site and as amended by use from time to time (“Terms and Conditions”).
Please read these Terms and Conditions carefully before using the Site because by using the Site on any computer, mobile phone, tablet, console or other electronic device (“Device”) you agree that you have read, understood and agree to be bound by these Terms and Conditions in their entirety in addition to any other applicable law or regulation. If you do not agree to the Terms and Conditions in their entirety, please do not use this Site.

Copyright

All copyright in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned or licensed by Us, to the full extent provided under Australian copyright laws and all international copyright laws.

You may view the Website and its contents but you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the site for any purposes.

The Site and the information contained in it are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the site is strictly prohibited without Our prior written consent. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from us is prohibited.

Trade Marks

The Site includes Our registered and unregistered trademarks and those of various third parties. You may not use these trademarks without Our prior written consent or the prior written consent of the owner of the relevant trade mark.

Links

The links to third party websites that are contained within the Site are provided only for your convenience. We do not endorse those third-party websites or any of the products or services offered on or through them. You access those third-party websites and use the products and services offered on or through them at your own risk.

4. Your conduct

As a condition of your use of the Site, you warrant to Us that you will not use the Site for any purpose that is unlawful or in a manner prohibited by these terms of use.

In particular, you agree not to:

  • use the Site for any activities, or submit to or via the Site any information or materials, which breach any laws or regulations or infringe a third party’s patent, trade mark, copyright or other proprietary rights or privacy;
  • publish, distribute, transmit or disseminate on the Site any material which is unlawful, obscene, defamatory, indecent, offensive, inappropriate or racially, ethnically or otherwise objectionable;
  • promote any unsolicited or unauthorised advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Site;
  • impersonate any person or entity;
  • upload, post, email or otherwise transmit 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; or
  • undertake any conduct that, in Our sole discretion, restricts or inhibits any other user from using or enjoying the Website.

By posting or submitting content to the Site, you represent and warrant that:

  • you own all the rights to the content or are authorised to use and distribute the content via the Website; and
  • the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

We reserve the right to pre-screen content submitted for publication the Site. We may refuse to publish or remove content that, in its sole discretion, does not meet its standards or does not comply with these terms of use.  We are not responsible for any failure to publish or delay in removing such material.

You agree that we can publish, modify, adapt and retransmit to others any content submitted by you free of charge and without restriction, subject to the obligations on Us set out in the Privacy Policy.

You will indemnify Us, our employees, agents and representatives from any loss or damage including consequential loss or damage which may arise from the posting or deletion of your submitted content or from any breach by you of these terms or from your use of the Site.

Disclaimer of Warranties

Except to the extent required by law, We do not represent or warrant that the information and images contained on the Site are accurate, complete or current, or that the Site or the server which supports the Site available are free of viruses, malware or any other harmful components. We do not represent or warrant that the Site will be uninterrupted or error free. Except to the extent required by law, We does not make any warranties or representations regarding the use of Content on the Site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

Except to the extent permitted by the Australian Consumer Law, our liability to you is limited as follows:

  • in respect of services, to the re-supply of the relevant services or to paying you for the cost of that re-supply; and
  • in respect of goods, to the repair or replacement of the relevant goods or paying the cost of that repair or replacement.

Otherwise, neither We or any of its employees, officers, directors or any of our agents, contractors or any other party involved in creating, producing or delivering the Site or its Contents will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, howsoever caused (whether by negligence or otherwise) that results from the use or the inability to use, the Site or the Content.

The limitations and exclusions set out in this section do not apply to any liability arising from Our wilful misconduct, fraud or gross negligence.

Changes to The Terms

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time without prior notice. Such changes will be effective upon their posting to the Site. Your continued use of the Site will signify that you have read, understood and agreed to be bound by the new Terms and Conditions.

Invalidity

Each part of these Terms and Conditions shall be interpreted separately and independently of each other. If any provision is deemed invalid, void or unenforceable, that provision will be severed and shall not affect the enforceability of any other provision.

Governing Law and Jurisdiction

The Terms and Conditions shall be governed by the laws of New South Wales, Australia, and you hereby submit to the exclusive jurisdiction of the courts of New South Wales, Australia.