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

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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

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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

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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

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

 

Notice

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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

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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.”

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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

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1. Contractual Relationship

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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

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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

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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

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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.

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Ownership

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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.

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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.

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Network Access and Devices

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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

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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.

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5. Disclaimers; Limitation of Liability; Indemnity

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DISCLAIMER

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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.

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LIMITATION OF LIABILITY

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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.

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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.

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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.

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Indemnity

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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.

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6. Governing Law; Arbitration

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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.

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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

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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

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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.”

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Terms & Conditions For Coaches