User Agreement & Terms & Conditions

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Terms & Conditions For Customers

 

Part 1 – Booking Service Terms
1. Definitions

"Booking Services" means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by Cricket Vision Limited.

 

"Contractor Coach" means a qualified coach who is a user of the Cricket Vision platform but is not employed by Cricket Vision Limited.

 

"Cricket Vision" shall mean Cricket Vision Limited, a private limited liability company incorporated and registered in England and Wales with company number 13298875 whose registered office is at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE.

 

"Coaching Contract" shall mean the contract you have in place with the coach that coaches any of your private coaching sessions

 

"Booking Platform" shall mean www.app.cricketvision.co.uk

 

“Charges” shall mean the payment that you will be liable to pay for certain services

2. The Provision of Booking Services by Cricket Vision

Cricket Vision provides to you certain booking services (the "Booking Services"). The Booking Services include:

  1. Listing bookings requested by you to our contractor coaches in accordance with sub-paragraph 4 below, but without prejudice to Cricket Vision’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;

  2. Advertising the coaching job to suitable cricket coaches;

  3. Keeping records of bookings;

  4. Remotely monitoring coaching sessions booked through the platform;

  5. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Cricket Vision contractor coaches, which may be made by email: info@cricketvision.co.uk. You are encouraged to provide your feedback if any of the coaching services provided to you by a contractor coach do not conform to your expectations; and

  6. Managing any lost property queries relating to bookings accepted by a Cricket Vision contractor coach,

in each case in accordance with any relevant provisions of the Legislation.

Pursuant to, and for the purposes of the Legislation, Cricket Vision Limited lists bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.

3. Your Contract with a Contractor Coach

Cricket Vision is not a Private Cricket Coaching Provider and does not provide private cricket coaching services. Private cricket coaching services are provided to you under a contract (the "Coaching Contract") between you and the Contractor Coach that is identified to you in the booking confirmation provided by Cricket Vision.

The Contractor Coach may be qualified in an area other than where the booking is requested or the coaching services are provided.

Cricket Vision is not a party to the Coaching Contract and acts as a disclosed agent for the Contractor Coach in communicating the Contractor Coach’s agreement to enter into the Coaching Contract.

Cricket Vision will not be liable for any certifications of the coach that have lapsed over time or are incorrect.

4. Payment

The Booking Services are provided by Cricket Vision to you free of charge. Cricket Vision reserves the right to introduce a fee for the provision of the Booking Services. If Cricket Vision decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Cricket Vision Platform at your option.

The rates that apply for Private Coaching Services provided by Contractor Coaches can be found on our Website. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the coaching services.

5. Limitation of Liability

To the extent permitted by applicable law, Cricket Vision will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by Contractor Coaches;

a. any booking that has not been accepted;

b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Cricket Vision booking platform;

c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;

d. any loss relating to your business or the business of your employer or any other person;

e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or

f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that Cricket Vision fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

g. If Cricket Vision is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to £50 in aggregate.

Nothing in these Terms and Conditions will limit or exclude Cricket Vision's liability to you for personal injury or death caused directly by Cricket Vision's negligence.

6. Applicable Law

The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.

Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

Part 2 – Terms of Use

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the UK of applications, websites, content, products, and services (the “Services”) made available by Cricket Vision Limited, a private limited liability company incorporated and registered in England and Wales with company number 13298875 whose registered office is at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Cricket Vision. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Cricket Vision may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Cricket Vision may amend the Terms related to the Services from time to time. Amendments will be effective upon Cricket Vision’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Cricket Vision’s Privacy Policy located here: https://www.cricketvision.co.uk/privacy-policy.

 

2. The Services

The Services constitute a technology platform that enables users of the Cricket Vision booking platform whether on mobile or desktop provided as part of the Services (each, an “Application”) to arrange and schedule cricket coaching sessions. Unless otherwise agreed by Cricket Vision in a separate written agreement with you, the Services are made available solely for your cricket coaching needs. YOU ACKNOWLEDGE THAT CRICKET VISION DOES NOT PROVIDE PRIVATE CRICKET COACHING SERVICES AND THE COACHING SERVICES YOU RECEIVE ARE SEEN AS BEING PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY CRICKET VISION.

 

Eligibility

 

Upon registering for this type of account you agree that you are a customer and therefore you are a player who is looking for some private coaching or a parent/carer looking for private cricket coaching for their child and are 18 years or older.

 

Cricket Vision reserves the right to put you on a waitlist and delay your access to the platform at its sole discretion. This may be, and not limited to, business reasons, identity and verification, or technology issues.

 

 

License

Subject to your compliance with these Terms, Cricket Vision grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Cricket Vision and Cricket Vision’s licensers.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Cricket Vision (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership

The Services and all rights therein are and shall remain Cricket Vision’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Cricket Vision’s company names, logos, product and service names, trademarks or services marks.

3.Your Use of the Services

User Accounts

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to Cricket Vision certain personal information, such as your name, email address, residential address and mobile phone number.

 

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Cricket Vision’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cricket Vision in writing, you may only possess one Account.

 

User Requirements and Conduct

 

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to sign up as a customer or book a session. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Club or Coach or any other party.

 

Text Messaging

 

By creating an Account, you agree that the Services and/or Coaches may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Cricket Vision at any time by emailing us at info@cricketvision.co.uk. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

User Provided Content

 

Cricket Vision may, in Cricket Vision’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cricket Vision through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Cricket Vision, you grant Cricket Vision a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cricket Vision’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cricket Vision the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cricket Vision’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cricket Vision in its sole discretion, whether or not such material may be protected by law. Cricket Vision may, but shall not be obligated to, review, monitor, or remove User Content, at Cricket Vision’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cricket Vision does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment, Invoicing & Taxes

You understand that use of the Services may result in charges to you for the services you receive from a Contractor Coach (“Charges”). After you have received services obtained through your use of the Services, Cricket Vision will send you an invoice on a monthly basis. You will be required to pay this within 7 days via a bank transfer to the Cricket Vision bank account that will appear on the invoice. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Cricket Vision. You retain the right to request lower Charges from a Contractor Coach for services received by you from such Contractor Coaches at the time you receive such services. Cricket Vision will respond accordingly to any request from a Contractor Coach to modify the Charges for a particular service or good. Invoices will be raised to you on a monthly basis and will be payable within 7 days.

 

As between you and Cricket Vision, Cricket Vision reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Cricket Vision’s sole discretion. Further, you acknowledge and agree that Charges may vary in different geographical areas. Cricket Vision will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Cricket Vision may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Contractor Coach at any time prior to such Contractor Coach’s arrival at the session, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Coach Contractor for the services provided.

 

Repair Fees

 

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Customer or Club’s property resulting from use of the Services under your Account in excess of normal “wear and tear” damages. In the event that a Coach or Club reports the need for Repair, such Repair request is verified by Cricket Vision in Cricket Vision’s reasonable discretion, Cricket Vision reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Coach or Club by invoicing you. Once we have received your payment, such amounts will be transferred by Cricket Vision to the applicable Coach or Club and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CRICKET VISION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CRICKET VISION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF COACHES THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CRICKET VISION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE FACILITIES YOU RECEIVE COACHING AT. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR PROVISION OF COACHING SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

CRICKET VISION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CRICKET VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRICKET VISION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY CUSTOMER OR CLUB, EVEN IF CRICKET VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CRICKET VISION’S SERVICES MAY BE USED BY YOU TO BOOK CRICKET COACHES FOR PRIVATE CRICKET COACHING SERVICES IN YOUR AREA, BUT YOU AGREE THAT CRICKET VISION HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CLAIM OF INJURY OR INCIDENTS THAT HAPPEN AT THE COACHING SESSION THAT IS LINKED TO YOUR BOOKING.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

Indemnity

You agree to indemnify and hold Cricket Vision and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Cricket Vision’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Coaches and/or Clubs.

6. Governing Law; Arbitration

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by the courts of England and Wales. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first be discussed by the Directors of Cricket Vision and the claimant. If such Dispute has not been settled within sixty (60) days after discussions above, such Dispute can be then taken to the courts of England and Wales.

7. Other Provisions


Claims of Copyright Infringement

Claims of copyright infringement should be sent to Cricket Vision’s designated agent. Please email info@cricketvision.co.uk.

 

Notice

Cricket Vision may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Cricket Vision by written communication to Cricket Vision's address at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE.
 

General

You may not assign or transfer these Terms in whole or in part without Cricket Vision’s prior written approval. You give your approval to Cricket Vision for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Cricket Vision’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Cricket Vision or any Contractor Coach as a result of the contract between you and Cricket Vision or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Terms & Conditions For Clubs

 

Part 1 – Booking Service Terms
1. Definitions

"Booking Services" means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by Cricket Vision Limited.

 

"Contractor Coach" means a qualified coach who is a user of the Cricket Vision platform but is not employed by Cricket Vision Limited.

 

"Cricket Vision" shall mean Cricket Vision Limited, a private limited liability company incorporated and registered in England and Wales with company number 13298875 whose registered office is at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE.

 

"Coaching Contract" shall mean the contract you have in place with the coach that coaches any of your private coaching sessions

 

"Booking Platform" shall mean www.app.cricketvision.co.uk

 

“Charges” shall mean the payment that you will be liable to pay for certain services

 

“You” the cricket club signing up

2. The Provision of Booking Services by Cricket Vision

Cricket Vision provides to you certain booking services (the "Booking Services"). The Booking Services include:

  1. Listing bookings requested by you to our contractor coaches in accordance with sub-paragraph 4 below, but without prejudice to Cricket Vision’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;

  2. Advertising the coaching job to suitable cricket coaches;

  3. Keeping records of bookings;

  4. Remotely monitoring coaching sessions booked through the platform;

  5. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Cricket Vision contractor coaches, which may be made by email: info@cricketvision.co.uk. You are encouraged to provide your feedback if any of the coaching services provided to you by a contractor coach do not conform to your expectations; and

  6. Managing any lost property queries relating to bookings accepted by a Cricket Vision contractor coach,

in each case in accordance with any relevant provisions of the Legislation.

Pursuant to, and for the purposes of the Legislation, Cricket Vision Limited lists bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.

3. Your Contract with a Contractor Coach

Cricket Vision is not a Private Cricket Coaching Provider and does not provide private cricket coaching services. Private cricket coaching services are provided to you under a contract (the "Coaching Contract") between you and the Contractor Coach that is identified to you in the booking confirmation provided by Cricket Vision.

The Contractor Coach may be qualified in an area other than where the booking is requested or the coaching services are provided.

Cricket Vision is not a party to the Coaching Contract and acts as a disclosed agent for the Contractor Coach in communicating the Contractor Coach’s agreement to enter into the Coaching Contract.

Cricket Vision will not be liable for any certifications of the coach that have lapsed over time or are incorrect.

4. Payment

The Booking Services are provided by Cricket Vision to you free of charge. Cricket Vision reserves the right to introduce a fee for the provision of the Booking Services. If Cricket Vision decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Cricket Vision Platform at your option.

The rates that apply for Private Coaching Services provided by Contractor Coaches can be found on our Website. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the coaching services.

5. Limitation of Liability

To the extent permitted by applicable law, Cricket Vision will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by Contractor Coaches;

a. any booking that has not been accepted;

b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Cricket Vision booking platform;

c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;

d. any loss relating to your business or the business of your employer or any other person;

e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or

f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that Cricket Vision fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

g. If Cricket Vision is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to £50 in aggregate.

Nothing in these Terms and Conditions will limit or exclude Cricket Vision's liability to you for personal injury or death caused directly by Cricket Vision's negligence.

6. Applicable Law

The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.

Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

 

Part 2 – Terms of Use

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the UK of applications, websites, content, products, and services (the “Services”) made available by Cricket Vision Limited, a private limited liability company incorporated and registered in England and Wales with company number 13298875 whose registered office is at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Cricket Vision. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Cricket Vision may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Cricket Vision may amend the Terms related to the Services from time to time. Amendments will be effective upon Cricket Vision’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Cricket Vision’s Privacy Policy located here: https://www.cricketvision.co.uk/privacy-policy.

 

2. The Services

The Services constitute a technology platform that enables users of the Cricket Vision booking platform whether on mobile or desktop provided as part of the Services (each, an “Application”) to arrange and schedule cricket coaching sessions. Unless otherwise agreed by Cricket Vision in a separate written agreement with you, the Services are made available solely for your cricket coaching needs. YOU ACKNOWLEDGE THAT CRICKET VISION DOES NOT PROVIDE PRIVATE CRICKET COACHING SERVICES AND THE COACHING SERVICES YOU RECEIVE ARE SEEN AS BEING PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY CRICKET VISION.

 

Eligibility

 

Upon registering for this type of account you agree that you are a club and therefore you are a cricket club who is looking for contractor coaches to coach at your club’s sessions. You are also 18 years or older.

 

Cricket Vision reserves the right to put you on a waitlist and delay your access to the platform at its sole discretion. This may be, and not limited to, business reasons, identity and verification, or technology issues.

 

License

Subject to your compliance with these Terms, Cricket Vision grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Cricket Vision and Cricket Vision’s licensers.

 

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Cricket Vision (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership

The Services and all rights therein are and shall remain Cricket Vision’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Cricket Vision’s company names, logos, product and service names, trademarks or services marks.

 

3.Your Use of the Services

 

User Accounts

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to Cricket Vision certain personal information, such as your name, email address, residential address and mobile phone number.

 

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Cricket Vision’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cricket Vision in writing, you may only possess one Account.

 

User Requirements and Conduct

 

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to sign up as a club or book a session. You may not assign or otherwise transfer your Account to any other person or entity unless agreed with Cricket Vision. As a club you will be able to hand the ownership of the account over to another individual but this person will have to be linked with the club. They will also have to have the authority to contract coaches to the club for sessions in exchange for payment. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or injury, to the Coach or any other party.

 

Text Messaging

 

By creating an Account, you agree that the Services and/or Coaches may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Cricket Vision at any time by emailing us at info@cricketvision.co.uk. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

User Provided Content

 

Cricket Vision may, in Cricket Vision’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cricket Vision through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Cricket Vision, you grant Cricket Vision a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cricket Vision’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you or the club are either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cricket Vision the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cricket Vision’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cricket Vision in its sole discretion, whether or not such material may be protected by law. Cricket Vision may, but shall not be obligated to, review, monitor, or remove User Content, at Cricket Vision’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cricket Vision does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

4. Payment, Invoicing & Taxes

You understand that use of the Services may result in charges to you for the services you receive from a Contractor Coach (“Charges”). After you have received services obtained through your use of the Services, Cricket Vision will send you an invoice on a monthly basis. You will be required to pay this within 7 days via a bank transfer to the Cricket Vision bank account that will appear on the invoice. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Cricket Vision. You retain the right to request lower Charges from a Contractor Coach for services received by you from such Contractor Coaches at the time you receive such services. Cricket Vision will respond accordingly to any request from a Contractor Coach to modify the Charges for a particular service or good. Invoices will be raised to you on a monthly basis and will be payable within 7 days.

 

As between you and Cricket Vision, Cricket Vision reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Cricket Vision’s sole discretion. Further, you acknowledge and agree that Charges may vary in different geographical areas. Cricket Vision will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Cricket Vision may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Contractor Coach at any time prior to such Contractor Coach’s arrival at the session, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Coach Contractor for the services provided.

 

Repair Fees

 

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, coach’s property resulting from use of the Services under your Account in excess of normal “wear and tear” damages. In the event that a Coach reports the need for Repair, such Repair request is verified by Cricket Vision in Cricket Vision’s reasonable discretion, Cricket Vision reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Coach by invoicing you. Once we have received your payment, such amounts will be transferred by Cricket Vision to the applicable Coach and will be non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CRICKET VISION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CRICKET VISION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF COACHES THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CRICKET VISION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE FACILITIES YOU RECEIVE COACHING AT. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR PROVISION OF COACHING SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

CRICKET VISION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CRICKET VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRICKET VISION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY COACH, EVEN IF CRICKET VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CRICKET VISION’S SERVICES MAY BE USED BY YOU TO BOOK CRICKET COACHES FOR PRIVATE CRICKET COACHING SERVICES IN YOUR AREA, BUT YOU AGREE THAT CRICKET VISION HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CLAIM OF INJURY OR INCIDENTS THAT HAPPEN AT THE COACHING SESSION THAT IS LINKED TO YOUR BOOKING.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Cricket Vision and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Cricket Vision’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Coaches.

6. Governing Law; Arbitration

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by the courts of England and Wales. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first be discussed by the Directors of Cricket Vision and the claimant. If such Dispute has not been settled within sixty (60) days after discussions above, such Dispute can be then taken to the courts of England and Wales.

7. Other Provisions


Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Cricket Vision’s designated agent. Please email info@cricketvision.co.uk.

 

Notice

Cricket Vision may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Cricket Vision by written communication to Cricket Vision's address at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE.
 

General

You may not assign or transfer these Terms in whole or in part without Cricket Vision’s prior written approval. You give your approval to Cricket Vision for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Cricket Vision’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Cricket Vision or any Contractor Coach as a result of the contract between you and Cricket Vision or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Terms & Conditions For Coaches

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the UK of applications, websites, content, products, and services (the “Services”) made available by Cricket Vision Limited a private limited liability company established in the UK, having its offices at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE under the company registration number 13298875 (“Cricket Vision”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Cricket Vision. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Cricket Vision may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Cricket Vision may amend the Terms related to the Services from time to time. Amendments will be effective upon Cricket Vision’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Cricket Vision’s Privacy Policy located https://www.cricketvision.co.uk/privacy-policy.

2. The Services

The Services constitute a technology platform that enables users of the Cricket Vision booking platform whether on mobile or desktop provided as part of the Services (each, an “Application”) to arrange and schedule cricket coaching sessions with both clubs and private individuals. Unless otherwise agreed by Cricket Vision in a separate written agreement with you, the Services are made available solely for your cricket coaching provision. YOU ACKNOWLEDGE THAT CRICKET VISION DOES NOT PROVIDE PRIVATE OR CLUB CRICKET COACHING SERVICES AND THAT YOUR COACHING SERVICES ARE SEEN AS BEING PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY CRICKET VISION.

 

Eligibility

 

Upon registering for this type of account you will need to provide evidence that you hold the following certifications and that the evidence you provide is a true representation of your qualifications:

 

  • ECB Coaching Qualification (Level 1 or above) or equivalent

  • Up to date DBS Certificate

  • Up to date First Aid Certificate (done within the last three years)

  • Safeguarding Young Cricketers

 

We would also highly recommend that you hold an ECB CA membership as this will cover you from an insurance perspective as for any club or private coaching sessions Cricket Vision will not be liable for any claims. We are simply connecting clubs, players and coaches together.

 

License

Subject to your compliance with these Terms, Cricket Vision grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and coaching use. Any rights not expressly granted herein are reserved by Cricket Vision and Cricket Visions licensors.

 

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

Ownership

The Services and all rights therein are and shall remain Cricket Vision’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Cricket Vision’s company names, logos, product and service names, trademarks or services marks.

 

3.Your Use of the Services

User Accounts

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 16 years of age, to obtain an Account. Account registration requires you to submit to Cricket Vision certain personal information, such as your name, email address, mobile phone number and age.

 

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Cricket Vision’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cricket Vision in writing, you may only possess one Account.

 

User Requirements and Conduct

 

The Service is not available for use by persons under the age of 16. You may not authorize third parties to use your Account, and you may not allow persons under the age of 16 to sign up as a coach or coach at a session. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Club or Customer or any other party.

 

Text Messaging

 

By creating an Account, you agree that the Services and/or Clubs or Customer may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Cricket Vision at any time by emailing us at info@cricketvision.co.uk. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

User Provided Content

 

Cricket Vision may, in Cricket Vision’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cricket Vision through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Cricket Vision, you grant Cricket Vision a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cricket Vision’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cricket Vision the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cricket Vision’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cricket Vision in its sole discretion, whether or not such material may be protected by law. Cricket Vision may, but shall not be obligated to, review, monitor, or remove User Content, at Cricket Vision’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cricket Vision does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment, Invoicing & Taxes

You understand that use of the Services may result in payments being made to you once you have provided services to the Customers and Clubs on the platform. You agree that you are operating as someone who is self-employed and therefore:

 

  • Your rate of pay for each type of job will be agreed with Cricket Vision prior to your first coaching session.

  • We will ask you to send us an invoice to info@cricketvision.co.uk on a monthly basis, however, if you have not provided any coaching services in that month then we do not need an invoice to be sent to us. These invoices will not cross over different months and you will paid for the sessions that have been completed in that month.

  • Any cancelled sessions you will not be paid for. You agree to ensure that your invoice is accurate and Cricket Vision has the right to ensure the hours match up with their records. If there is a discrepancy, then this will be investigated by Cricket Vision to ensure that the coach is being paid for the hours they have worked in that month. This will involve reaching out to clubs and customers to validate their records. 

 

Cricket Vision will process these invoices and payments within 10 days of receiving them to the bank account you provide us with. We will only pay in GPB Sterling (£). We will pay you the gross amount and therefore, you will be liable to pay any National Insurance, Income Tax, Pension Contributions, Student Loan payments if applicable.

As between you and Cricket Vision, you reserve the right to establish, remove and/or revise pay rates for any or all services through the use of the Services at any time in your sole discretion. Further, you acknowledge and agree that pay rates may vary between different geographical areas. Cricket Vision may from time to time provide certain users with bonus pay offers that may result in different amounts paid for the same or similar services that you provide, and you agree that such bonus pay, unless also made available to you, shall have no bearing on the pay rates applied to you. Cricket Vision will guide you on the demand you should expect for certain hourly rates based on the data we hold.

Repair Fees

 

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Customer or Club’s property resulting from use of the Services under your Account in excess of normal “wear and tear” damages. In the event that a Customer or Club reports the need for Repair, such Repair request is verified by Cricket Vision in Cricket Vision’s reasonable discretion, Cricket Vision reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Customer or Club by invoicing you. Once we have received your payment, such amounts will be transferred by Cricket Vision to the applicable Customer or Club and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CRICKET VISION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CRICKET VISION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF JOBS THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CRICKET VISION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE FACILITIES YOU COACH AT. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR PROVISION OF COACHING SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

CRICKET VISION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CRICKET VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRICKET VISION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY CUSTOMER OR CLUB, EVEN IF CRICKET VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CRICKET VISION’S SERVICES MAY BE USED BY YOU TO BROWSE AVAILABLE CRICKET COACHING JOBS IN YOUR AREA AND SIGN UP TO JOBS FOR CUSTOMERS AND CLUBS, BUT YOU AGREE THAT CRICKET VISION HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CLAIM OF INJURY OR INCIDENTS THAT HAPPEN AT THE COACHING SESSION THAT YOU COACH AT.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Cricket Vision and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Cricket Vision’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Customers and/or Clubs.

6. Governing Law; Arbitration

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by the courts of England and Wales. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first be discussed by the Directors of Cricket Vision and the claimant. If such Dispute has not been settled within sixty (60) days after discussions above, such Dispute can be referred to and shall be exclusively and finally resolved by the courts of England and Wales.

 

7. Other Provisions


Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Cricket Vision’s designated agent. Please email info@cricketvision.co.uk.

 

Notice

Cricket Vision may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Cricket Vision by written communication to Cricket Vision's address at Unit A Farriers Courtyard, Spelmonden Road, Goudhurst, Cranbrook, Kent, United Kingdom, TN17 1HE.

General

You may not assign or transfer these Terms in whole or in part without Cricket Vision’s prior written approval. You give your approval to Cricket Vision for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Cricket Vision’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Cricket Vision or any Third Party Provider as a result of the contract between you and Cricket Vision or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

User Agreement

  1. CRICKET VISION ACCOUNTS

 

Section 1 discusses what you must agree to before using the Site or Site Services and the different types of accounts that can be created on the Site, as detailed below.

 

REGISTRATION AND ACCEPTANCE

 

By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

 

To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Cricket Vision reserves the right to decline a registration to join our online platform or to add an Account of any type (i.e., as a Client or Freelancer), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

 

If you create an Account as a committee member of a club, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the cricket club. Your privacy is important to Cricket Vision and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.

 

ACCOUNT ELIGIBILITY

 

To register for an account or use the Site and Site Services, you must, and hereby represent that you are a UK resident as well as one of the below:

 

  1. A coach and therefore are a qualified cricket coach and have the necessary certifications to be advertised as a coach on the platform, this includes, an ECB coaching qualification (or equivalent), an up to date DBS certificate and first aid certificate. You must also be 16 years or older. You will have to upload documents and be approved by our team before you get access.

  2. A customer and therefore you are a player who is looking for some private coaching or a parent/carer looking for private cricket coaching for their child and are 18 years or older.

  3. A club and therefore you, as an individual, are a committee member of the cricket club who you are signing up for and have authorisation to act for and agree to this contract on behalf of the club.

 

ACCOUNT PROFILE

 

To register for an Account to join the Site, you must complete a user profile (“Profile”), which you consent to be shown to other users within the platform. This information will not be available to the general public who do not have a profile on the platform. You agree to provide true, accurate, and complete information on your profile and all registration and other forms you access on the site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your club, your skills, or the services you provide and to correct any such information that is or becomes false or misleading.

 

ACCOUNT TYPES

 

As described in this Section, there are a number of different account types. Once you register for one account type you will be unable to create a different account type with the same credentials. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.

 

COACH ACCOUNT

 

You can register for an Account to use the Site and Site Services as a Coach (a “a Coach Account”). Upon registering for this type of account you will need to provide evidence that you hold the following certifications:

 

  • ECB Coaching Qualification (Level 1 or above) or equivalent

  • Up to date DBS Certificate

  • First Aid Certificate

 

We would also highly recommend that you hold an ECB CA membership as this will cover you from an insurance perspective as for any club or private coaching sessions Cricket Vision will not be liable for any claims. We are simply connecting clubs, players and coaches together.

 

CLUB ACCOUNT

 

You can register for an Account to use the Site and Site Services as a Coach (a “a Club Account”). You will also be authorised to use this account and accept this agreement on behalf of the club.

 

CUSTOMER ACCOUNT

 

You can register for an Account to use the Site and Site Services as a Coach (a “a Customer Account”).

 

ACCOUNT PERMISSIONS

 

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that of an authorised committee member of a cricket club. By your club granting you permission to use this platform you represent and warrant that (a) you are authorised to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities relating to making payments and entering into the Terms of Service. If any User violates the Terms of Service or this agreement, it may affect your ability to use the Site and Site Services.

 

IDENTITY AND LOCATION VERIFICATION

 

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act in the capacity you do on the platform. You authorize Cricket Vision, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and if applicable, your club, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.

 

USERNAMES AND PASSWORDS

 

Each person who uses the Site must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a club who is not a natural person, to only share your username and password with a person who is authorized to use your Account. You authorize Cricket Vision to assume that any person using the Site with your username and password, either is you or is authorized to act for your club. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service or this agreement.

 

2. PURPOSE OF CRICKET VISION

 

Section 2 discusses what Cricket Vision does and does not do when providing the Site and Site Services and some of your responsibilities when using the Site to find or enter into a Service Contract with a Coach/Customer/Club, as detailed below

 

The Site is a marketplace where Clubs/Players and Coaches can identify each other and advertise, buy, and sell Coaching Services online. Subject to the Terms of Service, Cricket Vision provides the Site Services to Users, including hosting and maintaining the Site. Cricket Vision will not be liable for any claims relating to a private coaching or club coaching session. The coach at the session will be liable for any coaching incidents. We strongly recommend that all our coaches have insurance themselves but it is down to them to take this out or not through the ECB Coaching Association Membership.

 

RELATIONSHIP WITH CRICKET VISION

 

Cricket Vision merely makes the Site and Site Services available to enable Cricket Coaches, Customers and Clubs to find and transact directly with each other. Cricket Vision does not introduce Coaches to Customers and Clubs, select Sessions for Coaches, or select Coaches for Customers and Clubs. Through the Site and Site Services, Coaches may be notified of Customers and Clubs that may be seeking the services they offer, and Customers and Clubs may be notified of Coaches that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Session, Customers, Clubs or Coaches on their own. If Users decide to hire or work for each other, the Service Contract is directly between the Users and Cricket Vision is not a party to that Service Contract.

 

You acknowledge, agree, and understand that Cricket Vision is not a party to the relationship or any dealings between Customers/Clubs and the Coach. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) although Cricket Vision has certain criteria that all coaches have to meet, some of these certifications may lapse and therefore you will be liable for determining the suitability of other Users to provide coaching services to/buy coaching services from (such as any interviews, vetting, background checks, or similar actions); (c) insurance for the coaching services being provided (d) performing Coaching Services; and/or (e) paying for Coaching Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). Cricket Vision does not make any representations about or guarantee the truth or accuracy of any Coaches, Customers or Clubs listings or other User Content on the Site; does not verify any feedback or information provided by Users about Coaches, Customers or Clubs; and does not perform background checks on or guarantee the work of Coaches, Customers or Clubs. You acknowledge, agree, and understand that Cricket Vision does not, in any way, supervise, direct, control, or evaluate Coaches or their work and is not responsible for any Session, or Session contents. Cricket Vision makes no representations about and does not guarantee, and you agree not to hold Cricket Vision responsible for, the quality, safety, or legality of Coaching Services; the qualifications, background, or identities of Users; the ability of Coaches to deliver Coaching Services; the ability of Customers or Clubs to pay for Coaching Services; User Content and statements or posts made by Users; or the ability or willingness of a Customer, Club or Coach to actually complete a transaction. While Cricket Vision may provide certain badges on Coaches, Customer or Clubs profiles, such badges are not a guarantee or warranty of quality or ability or willingness of the badged Coaches, Customer or Clubs to complete a Service Contract and is not a guarantee of any kind, including, the quality of Coaching Services or Customer/Club Session.

 

You also acknowledge, agree, and understand that Coaches are solely responsible for determining, and have the sole right to determine, which Coaching Sessions to accept; the time, place, manner, and means of providing any Coaching Sessions; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Cricket Vision, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Cricket Vision will not have any liability or obligations, including under or related to Service Contracts and/or Coaching Services for any acts or omissions by you or other Users; (iii) Cricket Vision does not, in any way, supervise, direct, or control any Coach or Coaching Services; does not impose quality standards of any Coaching Services; and does not dictate the performance, methods or process the Coach uses to perform services; (iv) The Coach is free to determine when and if to perform Coaching Services, including the days worked and time periods of work, Cricket Vision does not set or have any control over Coaches work hours, work schedules, or work location; (v) The Coach will be paid at such times and amounts as agreed with Cricket Vision that is laid out in the Coach Terms & Conditions, and Cricket Vision does not, in any way, provide or guarantee a Coach a regular salary or any minimum, regular payment; (vi) Cricket Vision does not provide Coaches with training or any equipment, labour, tools, related to any Coaching Session; (vii) Cricket Vision does not provide the premises at which Coaches will perform their sessions; (viii) Coaches may not use subcontractors or employees to perform Coaching Services by delegating work on fixed-price contracts or by agreeing with the Customer or Club to have hourly contracts for Coaches subcontractor(s) or employee(s).

 

Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, this business is not initiated through our platform (i.e. if you do a private coaching session with someone from the Cricket Vision platform and continue to coach them without reporting this in the platform.

 

TAXES AND BENEFITS

 

The Coach acknowledges and agrees that the Coach is solely responsible (a) for all tax liability associated with payments received through the Cricket Vision platform, and that Cricket Vision will not withhold any taxes from payments to Coaches; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that the Coach is not covered by or eligible for any insurance from Cricket Vision; (c) for determining whether a Coach is required by applicable law to issue any particular invoices for the Freelancer Fees and for issuing any invoices so required; (d) for determining whether Freelancer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Cricket Vision is required by applicable law to withhold any amount of the Freelancer Fees and for notifying Cricket Vision of any such requirement and indemnifying Cricket Vision for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Cricket Vision, Freelancer agrees to promptly cooperate with Cricket Vision and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to Cricket Vision.

 

 

3. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND FREELANCER

 

Section 3 discusses the relationship you may decide to enter into with another User, including Service Contracts between Users, as detailed below.

 

SERVICE CONTRACTS

 

If a Customer or Club and Coach decide to do work together, the work is a contractual relationship directly between the Club or Customer and the Coach. Club or Customer and the Coach have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that Cricket Vision is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Cricket Vision and any User or a partnership or joint venture between Cricket Vision and any User.

 

DISPUTES AMONG USERS

 

For disputes arising between Clubs or Customers and the Coach, you acknowledge and agree that Cricket Vision will not and is not obligated to provide any dispute assistance beyond the data they hold about the dispute.  

 

If Clubs or Customers and the Coach intends to obtain an order from any arbitrator or any court proceedings, Cricket Vision will not be liable, unless it is directly related to the negligence of our services.  

 

CONFIDENTIAL INFORMATION

 

To the extent a User provides Confidential Information to another User, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. All users must not share any contact details of another user to anyone and you will not pursue any personal information of a user unless it is for the reason of contacting them about an agreed session or future session.

 

4. WARRANTY DISCLAIMER

 

Section 4 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below. YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CRICKET VISION MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRICKET VISION DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 8 (AGREEMENT TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST CRICKET VISION WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

 

5. LIMITATION OF LIABILITY

 

Section 5 discusses your agreement that Cricket Vision usually will not have to pay you damages relating to your use of the Site and Site Services and, if it is, at most it will be required to pay you £100, as detailed below. Cricket Vision is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: your use of or your inability to use our Site or Site Services; delays or disruptions in our Site or Site Services; viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services; glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services; damage to your hardware device from the use of the Site or Site Services; the content, actions, or inactions of third parties’ use of the Site or Site Services; a suspension or other action taken with respect to your Account; your reliance on the quality, accuracy, or reliability of job postings, Profiles; and your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the Terms of Service.

 

ADDITIONALLY, IN NO EVENT WILL CRICKET VISION, OUR AFFILIATES, OUR LICENSERS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF CRICKET VISION, OUR AFFILIATES, OUR LICENSERS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) £100; OR (B) ANY FEES RETAINED BY CRICKET VISION WITH RESPECT TO COACHING PROVISION. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

6. RELEASE

 

Section 6 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below.

 

In addition to the recognition that Cricket Vision is not a party to any contract between Users, you hereby release Cricket Vision, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Coaching Services provided to a Customer or Club by a Coach and requests for refunds based upon disputes.

 

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” This release will not apply to a claim that Cricket Vision failed to meet our obligations under the Terms of Service.

 

7. INDEMINIFICATION

 

Section 7 discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Site or Site Services or your illegal or harmful conduct, as detailed below.

 

You will indemnify, defend, and hold harmless Cricket Vision, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site Services by you, including any payment obligations incurred through use of the Site Services; (b) any Work Product or User Content developed, provided, or otherwise related to your use of the Site Services; (c) any Service Contract entered into by you, including, but not limited to, the classification of a Coach as an independent contractor; the classification of Cricket Vision as an employer or joint employer of a Coach; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (d) failure to comply with the Terms of Service by you;

 

 

(e) failure to comply with applicable law by you; (f) negligence, wilful misconduct, or fraud by you; and (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you.

 

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

 

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

 

8. AGREEMENT TERM AND TERMINATION

 

Section 8 discusses your and Cricket Vision’s agreement about when and how long this Agreement will last, when and how either you or Cricket Vision can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.

 

TERMINATION

 

Unless both you and Cricket Vision expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to info@cricketvision.co.uk. In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. Cricket Vision is not a party to any Service Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Coaching jobs, you agree (a) you hereby instruct Cricket Vision to close any open sessions; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Sessions have closed on the Site; (c) Cricket Vision will continue to perform those Site Services necessary to complete any open Session or related transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Sessions, whichever is later, to Cricket Vision for any Site Services or such other amounts owed under the Terms of Service and to any Coach for any Coaching Services.

 

Without limiting Cricket Vision’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Cricket Vision or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register under a new Account without Cricket Vision’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim funds from you to pay for any amounts owed by you to the extent permitted by applicable law.

 

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF CRICKET VISION DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, CRICKET VISION HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT CRICKET VISION WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

 

ACCOUNT DATA ON CLOSURE

 

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which Cricket Vision will have no liability whatsoever. Cricket Vision, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

 

SURVIVAL

 

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Cricket Vision from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

 

 

9. DISPUTES BETWEEN YOU AND CRICKET VISION

 

Section 9 discusses your agreement with Cricket Vision and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and, if you are in the United Kingdom, that we both agree to use arbitration instead of going to court or using a jury if we can’t resolve the dispute informally, as detailed below.

 

DISPUTE PROCESS, ARBITRATION, AND SCOPE

 

If a dispute arises between you and Cricket Vision or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, Cricket Vision, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with Cricket Vision (including without limitation any claimed employment with Cricket Vision or one of our Affiliates or successors), the termination of your relationship with Cricket Vision, or the Site Services (each, a “Claim”) in accordance with this Section 9 (sometimes referred to as the “Arbitration Provision”). Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Site, Site Services, the Terms of Service, any Service Contract, any payments or monies you claim are due to you from Cricket Vision or our Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment.

 

INFORMAL DISPUTE RESOLUTION

 

Before serving a demand for arbitration of a Claim, you and Cricket Vision agree to first notify each other of the Claim. You agree to notify Cricket Vision of the Claim by email to info@cricketvision.co.uk, and Cricket Vision agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Cricket Vision then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Cricket Vision, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Cricket Vision will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.

 

10. GENERAL

 

Section 10 discusses additional terms of the agreement between you and Cricket Vision, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations, as detailed below.

 

ENTIRE AGREEMENT

 

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Cricket Vision relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Cricket Vision drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favouring or disfavouring you or Cricket Vision because of the authorship of any provision of the Terms of Service.

 

MODIFICATIONS; WAIVER

 

No modification or amendment to the Terms of Service will be binding upon Cricket Vision unless they are agreed in a written instrument signed by a duly authorized representative of Cricket Vision or posted on the Site by Cricket Vision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

 

ASSIGNABILITY

 

User may not assign the Terms of Service, or any of its rights or obligations hereunder, without Cricket Vision’s prior written consent in the form of a written instrument signed by a duly authorized representative of Cricket Vision. Cricket Vision may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

 

SEVERABILITY; INTERPRETATION

 

If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

 

FORCE MAJEURE

 

The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

 

PREVAILING LANGUAGE AND LOCATION

 

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United Kingdom.

 

ACCESS OF THE SITE OUTSIDE THE UNITED STATES

Cricket Vision makes no representations that the Site is appropriate or available for use outside of the United Kingdwom. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United Kingdom, state, and local laws and regulations, including, but not limited to, export and import regulations. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.K. origin products, including services or software. In order to access or use the Site or Site Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.K. or other sovereign country sanctions or embargoes. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.

 

CONSENT TO USE ELECTRONIC RECORDS

 

In connection with the Site Terms of Use, you may be entitled to receive, or we may otherwise provide, certain records from Cricket Vision or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.