Terms and Conditions of Use

Update: June 2022

THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms”) governs your use of our web site http://www.highmarkcricket.com.au (hereafter “web site”). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter “Services”). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Business through its web site(s).

This website is owned by SENS Partners Pty Ltd trading as Highmark Cricket (hereafter “Business”), a company registered in Australia (ACN 633 977 509) and ABN (84 633 977 509).

The following words used in these Terms shall have the following meanings:

  • “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
  • “Business web site” shall mean all web sites on which Business provides products and/or services.
  • “Business User” shall mean all Users of the Business web site(s) and services.
  • “Business Products and Services” shall mean all products and/or services provided directly by Business;
  • “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Business web site(s).

LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

ADVERTISEMENTS

On occasion, a product or service offered by advertisers on Business’s web site may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other User, User agrees that Business is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser or other User.

NEWSLETTERS

Highmark Cricket regularly sends out a newsletter and/or other informational emails, messenger and SMS (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. The user may choose to unsubscribe or opt out from the Newsletter at any time using the unsubscribe or opt out option at the bottom of our emails, messenger messages and SMS, or by writing to us at support@highmarkcricket.com.au or following the unsubscribe link contained in each of the emails/ opt out link in SMS and messenger.

LICENSE AND COPYRIGHT

The Business web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under Australian and International copyright laws. The Business owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Business and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

You are permitted to print and download extracts from this website for your own private use on the following basis:

  • no documents or related graphics on this website are modified in any way;
  • no graphics on this website are used separately from accompanying text; and
  • any of our copyright and trade mark notices and this permission notice appear in all copies.

COPYRIGHT INFRINGEMENT

In accordance with Australian and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email to support@highmarkcricket.com.au

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS & CONDITIONS
Highmark Cricket offers a mobile messaging program (the “Program”). If you use and participate in the program, you agree to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP or CANCEL to any mobile text message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt-out texting other words or verbally requesting one of our team members to remove your from our list is not accounted as a reasonable means of opting out.

You acknowledge that the message frequency is various and that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

For any questions text "HELP" to the number you received the messages from. You can also contact us for more information about the Program.

OTHER BUSINESS POLICIES

Please refer the other business policies - Privacy Policy, Shipping Policy and Refund & Exchange Policy