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Terms and Conditions

Hello and welcome to CRICKET ON!
CRICKET ON is a subscription service that provides subscribers with access to Football Content through the applicable mobile site to compatible handsets (the "Service"). The CRICKET ON Service is provided to you by Perform Media Services Ltd, Sussex House, Plane Tree Crescent, Feltham, TW13 7HE United Kingdom. Tel: (0)20 3372 0600, registered no: 03426471 ("We", "Us", "Our"). We are part of Perform Group (https://www.performgroup.com/) (collectively "Perform").

2.TERMS OF USE

2.1. This page (together with the documents referred to in it) sets out the terms on which you may make use of the CRICKET ON Service ("Terms"). It

explains our obligations to you, and your obligations to us in relation to the Service. Please read these Terms carefully before subscribing to the Service.
2.2. For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these Terms. In the event of a conflict between these Terms and the additional terms and conditions, the additional terms and conditions shall prevail
2.3. We may modify these Terms, including, by way of example only, due to a change in applicable law or to ensure better functionality of the Service. Each time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
2.4. By requesting the Service, you agree to be bound by these Terms and, furthermore, you acknowledge and confirm that:
2.4.1. you are the person responsible for the mobile phone account associated with the mobile number provided in relation to the subscription service;
2.4.2. you are responsible for all services used through that mobile phone account;
2.4.3. you authorize your mobile carrier to charge appropriate fees directly to your mobile service bill (meaning if you are on a post-paid service the charges are billed to your mobile phone statement or if you are on a pre-paid service the charges are deducted from your prepaid balance);
2.4.4. you are at least 18 years of age. If under 18, then You MUST have the mobile phone account holder's or bill payer's permission in order to subscribe to the Service;
2.4.5. you understand that it is your responsibility to ensure that your mobile device is compatible with HTML.5 and correctly configured in order to use the Service;
2.4.6. you agree you will not allow unauthorised individuals to use your mobile phone account as identified by your mobile phone number;
2.4.7. you agree to abide by Malaysian laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws; and
2.4.8. you agree, understand and accept these Terms and the associated Privacy and Cookie Policy.
2.5. You may use the Service only in accordance with these Terms, any amendments and any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
2.6. You agree that we may share information with third parties as set out in our Privacy Policy in relation to the content which is viewed by you when using the Service. Such information shall only be shared within our Group Companies on an anonymous basis.

3.PAYMENT & FEES

3.1. Form of Paymen

3.1.1. Depending on your mobile phone account set up and service, you may choose to be billed for your subscription sign up and ongoing Fee by either of the following methods (each a "Payment Method"):
• Post-pay service - this is where the associated charges will be added your mobile phone carrier billing statement; or
• Pre-paid service - where the associated charges will be deducted from your mobile phone carrier account.
3.1.2. You may be declined/suspended access to the service if:
• your post-pay account has been barred or placed on hold either due to non-payment of your mobile provider bill or you have deactivated premium rate services on your account;
• your pre-pay account has insufficient funds to cover the total Fee for the service;
• your mobile service provider does not have an existing account with our direct carrier billing aggregator, Boku.
3.1.3. You confirm that any such Payment Method you use is yours, or that you have the authorisation of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorisation by the Payment Method provider. If your Payment Method is refused, you will not be granted access to the Service until a validated Payment Method is provided by you.
3.1.4. The issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee of other fees relating to the processing of your Payment Method. Local tax charges may vary depending on your Payment Method used. Check with your Payment Method provider for details.
3.1.5. We reserve the right to refuse payments at our reasonable discretion
3.2. Fee
3.2.1. This is a weekly subscription service charged to your mobile account by your network operator. You will be charged 5MYR weekly (the "Fee") from your date of sign-up until you unsubscribe from the service.
3.2.2. Carriage fees and data charges may apply in addition to the Fee set out above. Your carrier provider/operator may charge you the applicable rate for SMS messages sent by you, including any related download charges effected by you as per your agreement with them. We are not responsible for the respective carrier fees even if they arise when you use the Service.
3.3. Changes to existing Fee
The Fee shown above is subject to change upon reasonable notice from us. In the event of an increase to the Fee, the new prices will be displayed on the home page of the site and we will inform you by SMS when the new Fee comes into effect. We will inform you of the fee increase at least 30 days before the effective date. If you do not wish to accept the new Fee(s), you may cancel your subscription prior to the revised Fee(s) being applicable and your cancellation request will be effective immediately.
3.4. Promotional subscription offer
We reserve the right to offer from time to time, and at our discretion, a one week's free subscription for new subscribers. This will be a promotional offer which may be linked to certain marketing campaigns for the Service and will be applicable only to subscribers that subscribe to the Service during the period of the promotional offer. Relevant Terms & Conditions for the promotional offer are applicable and will be made available at the time of promotion. We can withdraw the promotional offer at any time without prior notice of any kind.

4. QUALITY OF SERVIC

4.1. Mobile device compatibility
4.1.1. It is your responsibility to ensure that your mobile device is compatible with HTML.5 and correctly configured in order to use the Service.
4.1.2. We will not refund your subscription Fee or any other fees if it turns out that the requested Service content is not compatible with your handset.
4.1.3. The Service is also available via supported wireless devices.
4.2. Appropriate use of Service
4.2.1. You understand and agree:
•that you are fully responsible for all activities that occur under your account or through your subscription;
• that you will not allow unauthorised individuals to use your account as identified by your mobile phone number;
• to notify us immediately if you become aware of or suspect unauthorised use of your account or subscription or any other breach of security; and
• that we are not liable to you or anyone else for any content or materials constituting all or part of any download or any other aspect of the Service that you might find objectionable.
4.3. Prohibited use
4.3.1. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.3.2. You also agree not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored; or
• any software used in the provision of our site;

5. CANCELLING THE SERVICE

5.1. You may choose to cancel your subscription to the Service at any time. Simply go to 'HOME' on the site, then select 'My Account' and click on

'unsubscribe'.
5.2. Your cancellation request will be processed and your account closed immediately. Any Fees already incurred or charged will not be refunded by us.
5.3. We will provide the Service with reasonable care and skill. Apart from this we make no representation or warranty (and, subject to clause 11, exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer. We are responsible for addressing any claims you or any third party may have in relation to the Service and/or your use of the Service.

6. TRADEMARKS

All trademarks, Service marks, trade names, domain names, slogans, logos and other indicia of origin that may appear on or in connection with the

Service are the property of the Company and/or our partners and their respective licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

7. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

If we receive a Notice alleging that you have engaged in infringing behaviour or reasonably suspect that your use of the Service violates our

Company's or another's intellectual property rights, we may at our sole discretion, suspend or terminate your account with or without notice to you.

8. COPYRIGHT INFORMATION

8.1. The Service is for your personal use only. You understand and agree that you may not transmit or retransmit, broadcast or re-broadcast or make

any commercial use of the Service, including the content viewed through the Service (the "Mobile Content").
8.2. When you are subscriber to the Service, we grant you a limited, non-exclusive, non-transferable, revocable right to download and view the Mobile Content to your compatible mobile device solely for your own non-commercial use. Except for the foregoing licence, no right, title or interest shall be transferred to you. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Mobile Content except as expressly provided in these Terms.
8.3. You understand and agree that you may not authorise, encourage or allow any Mobile Content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take reasonable steps to prevent any unauthorised reproduction and/or other use of them.
8.4. The Service and all Mobile Content may contain copyrighted and/or proprietary subject matter. Your use of the Service and Mobile Content are governed by these Terms, all applicable laws, including but not limited to intellectual property laws.

9. REMEDIES

9.1. You agree to indemnify and hold harmless, Perform, our associated partners, agents, affiliates and/or licensors, as applicable, against any

improper, unauthorised or illegal uses of your account.
9.2. You understand and agree that any unauthorised use of the Service by you would result in irreparable injury to Perform, our associated partners, agents, affiliates and/or licensors for which money damages would be inadequate, and in such event Perform, our associated partners, agents, affiliates and/or licensors shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this clause 9.2 or elsewhere in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims which Perform, our associated partners, agents, affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

10. LIABILITY

10.1. We agree to provide the Service to you subject only to the terms, conditions and warranties contained in this Agreement and any non-excludable

rights you have under the local laws and regulations currently in force in your territory, including in particular under any applicable consumer guarantees. Any liability that we might otherwise have to you in connection with these Terms or the Service is expressly excluded.
10.2. You will not hold us and/or our partners responsible for any damages that result from you accessing the Service or using the Service including, but not limited to, any infections or contaminations of the device(s) you use to access the same or to transfer Mobile Content that may result from that use.
10.3. Under no circumstances shall we be liable for any unauthorised use of the Service and/or Mobile Content.
10.4. Under no circumstances shall we and/or our partners, as applicable, be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the Service, except to the extent that you are entitled to recover your reasonably foreseeable loss under the local laws and regulations currently in force in your territory.

11. INDEMNITY

You agree to indemnify and hold us, our associated partners, agents, affiliates and/or licensors from and against any and all claims, actions,

demands, causes of action (collectively "Claims") and other proceedings relating to your use of the Service arising out of your (or any person acting with your express or implied authority) breach of this Agreement or negligent acts or omissions, and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

12. GENERAL

12.1. This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the

Service.
12.2. You understand and agree that, except as expressly set out herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
12.3. If any part of this Agreement is held invalid or unenforceable, that portion shall be severed and the remainder construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder shall remain in full force and effect.
12.4. Our failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence.

13. GOVERNING LAW

These Terms are subject to the laws of Malaysia and both parties submit to these

14. COMPLAINTS AND DISPUTES

Should you have an enquiry or complaint about the Service, you can contact us by email at help@cricketon.tv