Terms & Conditions CATV - Updated 20th November 2009
PLEASE READ THESE TERMS AND CONDITIONS ("CONDITIONS") BEFORE SUBSCRIBING and or REGISTORING FOR CATV SERVICES (AS SET OUT IN CLAUSE 4). PERFORM GROUP ON BEHALF OF CRICKET AUSTRALIA ("CA") RESERVES THE RIGHT, AT ANY TIME, TO MODIFY THESE CONDITIONS BY POSTING A REVISED VERSION ON THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THESE CONDITIONS NOW AND EVERY TIME YOU USE THE SERVICES. BY CONTINUING TO USE THE SERVICES YOU ACCEPT ANY REVISED VERSION.
If these Conditions conflict with the Website Terms and Conditions, these Conditions will take priority.
1. The Services and Service Availability
The 'Services' shall be the provision to you of access to services on this Website including live audio-video stream (subject always to geographical location, see below for restricted countries for the live audio-video stream), highlights packages (subject always to geographical location, see below for restricted countries for the highlights packages), archive footage and features as made available to CATV subscribers from time to time.
a)Video on demand (VOD) content
Highlights, interviews and other non-live videos are available for free and without registration on the CATV website, some geo-restrictions may apply.
b)Live Video - International Cricket (Subscription Content)
The following countries are NOT permitted to subscribe or receive live audio-visual stream:
·"Australia"
·"New Zealand"
·"UK" and "Republic of Ireland"
·"Asia" means Afghanistan, Armenia, Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei, Cambodia, China, Cyprus, East Timor, Egypt, Ethiopia, Georgia, Guam, Hong Kong, India,Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Macao, Malaysia, Maldives, Micronesia, Moldova, Mongolia, Myanmar, Nepal, New Caledonia, North Korea, Oman, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Singapore, Solomon Islands, Somalia, South Korea, Sri Lanka, Sudan, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, UAE, Ukraine, Uzbekistan, Vanuatu, Vietnam and Yemen.
·"North America" means USA, Canada and Mexico
·"Pan, North and Sub-Sahara and South Africa" means Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Congo, Commores, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malabo, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Principe, Republic of South Africa, Reunion, Rwanda, Sao Tome, Senegal, Seychelles, Sierra Leone, Somalia, St. Helena, Swaziland, Sudan, Tanzania, Togo, Tunisia, Uganda, Western Sahara, Zaire, Zambia, Zanzibar, Zimbabwe
b) Live Video - Australian Interstate Cricket (Pay Per View content)
Geo - Restrictions to be confirmed. "Live Video - Domestic" matches will be available on CATV on a Pay Per View (PPV) basis and are excluded from the "Live Video - International" subscription package.
c) Live ABC Radio Feed ('Live Audio'):
Live audio coverage from ABC radio is NOT available in the following geographical locations via subscription to "Audio Only" or "Live Video - International"
·"Australia"
·"West Indies" means Anguilla, Antigua & Barbuda, Barbados, The Cayman Islands, Dominica, Grenada, Jamaica, Montserrat, St. Kitts/Nevis, St. Lucia, St. Vincent & the Grenadines, Trinidad and Tobago, Turks & Caicos Islands
·"India"
·"Pakistan"
d) Highlights Availability
There are ten-minute extended daily highlights package for 3 mobile Test Matches, Commonwealth Bank One-day internationals and Ford Ranger Cup matches, which shall be published 1 hour after the close of play.
Highlights packages are available in all territories.
e) Further details:
You warrant and undertake that you are not situated (and will not view the Services) in one (or more) of the above countries.
However Perform Group reserves the right to amend the nature and extent of the Services available at any time. You will need to load your computer with Flash Video Player and Windows Media Player software (which you will need to obtain).
You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
In the event that Perform Group reasonably determines that you do not meet these requirements Perform Group, reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 3 ("Our right to terminate").
Perform Group will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis.
In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Website may not be uninterrupted, timely, secure or error-free.
From time to time we will need to close the website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, Perform Group will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
2. Orders
In ticking the box and accepting the terms and conditions on the registration page, you are entering into a legally binding contract with Perform Group on behalf of CA to purchase the Services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions.
Each registrant understands and agrees that Cricket Australia will give them a free membership to the Australian Cricket Family (ACF), where such registrant is not already a member of the ACF. Members of the ACF are entitled to a range of great benefits - some of which are exclusive to ACF members only. By becoming a member of the ACF each registrant agrees to be bound by the terms and conditions of membership and consents to receiving ACF emails. If a registrant does not wish to be a member of the ACF, registrants can unsubscribe at anytime by emailing newsletter@cricket.com.au or following the unsubscribe links in any ACF communication which a registrant receives.
3. Price and Payment
Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of tax at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this Website at the time at which you place your order.
You confirm that the account/credit/debit card which is being used is yours. All account, credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.
Perform Group reserves the right to refuse credit/debit card payments in its reasonable discretion. NetBanx will process your payment on a secure site.
All subscription passes auto-renew either monthly or annually from purchase date until cancelled
4. Duration and Termination
Your right to terminate.
You may cancel your subscription for the Services by logging into the Website and going to the My Account page and clicking on the "Cancel Subscription" button and sending an e-mail to customer services at the following e-mail address customerservices@performgoup.com
Cancellation must be made no less than 5 working days prior to the end of the month or year (depending on whether you are paying monthly or annually respectively) for which you have paid.
If you cancel prior to this 5 working day period access to the Services will be terminated at the end of the relevant period. If you cancel during this 5 working day period you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month.
If you cancel your subscription after your renewal date you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month, year or relevant period.
Our right to terminate
Perform Group on behalf of CA may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (for the avoidance of doubt any breach of clause 2 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 4.
In addition, Perform Group on behalf of CA may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5. If Perform Group terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
5. Technical Support and Contacting Perform Group
You can contact Perform Group whether to discuss technical problems or trace your subscription, or for any other reason by emailing to Perform Group as described below or going to the Contact Us section. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode which Perform Group will require from you in order to identify your subscription.
You may want to print a copy of this page for future reference. You should notify us immediately if any of your details change by e-mail at customerservices@performgroup.com
Any notice given by Perform Group can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
6. Your use of the Services
The design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of CA, Perform Group and other third parties.
You agree that you will:
(a) use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else;
(b) at any given time, only view the Services and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
(c) not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;
(d) not alter, disassemble, decompile or reverse engineer any part of the Services;
(e) not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
(f) not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else). As well as our right to terminate for breaches by you (clause 3) we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or our Website Terms and Conditions, or if we are requested to do so by a regulatory authority.
7. Liability
UNLESS AGREED OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF EACH OF PREMIUM TV Ltd. AND CA TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN RESPECT OF THE SERVICES IN QUESTION ("PAYMENT AMOUNT"). NEITHER Perform Group NOR CA SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
(I) ANY DIRECT LOSS IN EXCESS OF THE SUBSCRIPTION AMOUNT; OR
(II) ANY INDIRECT OR CONSEQUENTIAL LOSS OR OTHER COSTS; OR
(III) ANY CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHAT SO EVER EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR SHOULD REASONABLY KNOW OF SUCH LOSS. NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF Perform Group AND CA FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
8. Data Protection and Privacy
It is good practice, and it is your responsibility, to take adequate steps to protect against viruses and such like.
The information and data ("personal data") which is provided by you in connection with this Website will be held on the computers and manual records of, and will be used by, Perform Group and CA (together "the companies").
By registering for CATV, you understand and agree that CA may use and disclose the personal data provided by you:
(a) for the purposes of enabling you to access the content and products on the this Website; and
(b) to enable the companies to offer and provide you with the products and services available on this Website; and
(c) for any of the purposes set out in CA's privacy policy - click here to view or email privacy@cricket.com.au
CA may inform you from time to time by email, telephone, or mail about relevant news, information, promotions, services and products offered by it which it believes may be of interest to you. If you do not wish this to happen, you can opt-out of being a member of CATV at any time. You can requested to access, update or correct any personal information held about you be CA by writing to CA's privacy officer at 60 Jolimont Street, Jolimont, VIC Australia 3002 or sending an email to
Perform Group
Sussex House
Plane Tree Farm
Middlesex
TW13 7HE
9. Force Majeure
Neither Perform Group nor CA shall have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Perform Group or CA including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement, withdrawal of feed by broadcaster for any reason whatsoever.
If this means that you fail to receive a substantial element of the Services Perform Group will refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.
10. Waiver
No waiver by either of Perform Group or CA shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
11. Entire Agreement
These Conditions together with the current Services prices and contact details on this website, set out the whole of the agreement between you Perform Group and CA. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Perform Group.
Perform Group employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Perform Group You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.
12. Third Party Rights
(a) Clauses 7, 8 and 9 of these Conditions confer a benefit on CA and are intended to be enforceable by CA by virtue of the Contracts (Rights of Third Parties) Act 1999.
(b) Except as provided in clause 12(a), a person who is not a party to the contract governed by these Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
