Cric Zumo App Privacy Policy

1. About

1.1 Welcome to Cric Zumo. The Cric Zumo mobile application (the ‘App’) is owned and operated by Platinum 99 Pty Ltd (ACN 616 057 866) (‘Platinum 99’).

1.2 The App comprises a cricket betting simulator (‘Services’) that offers users (‘Users’) a platform to place virtual bets on their favourite cricket teams (including all international and domestic T20 leagues) playing cricket matches using a virtual currency (‘Game Credits’). Game Credits have no monetary value and are non-transferable. The odds of each bet are created by the App using a complex algorithm.

1.3 These Terms of Use (‘Terms’), along with our ‘Privacy Policy’ which form a part of these Terms, govern your use of the App. Please read our Terms and Privacy Policy carefully before using the App as these govern your access to and use of our App.

1.4 Platinum 99 may update these Terms from time to time without notice. Any changes to these Terms will be effective from the date published on our App.

1.5 By using the App, you agree that you are bound by these Terms. If you do not agree to these Terms you must not use, download or install the App.

2. Definitions

2.1 The terms ‘we’, ‘us’, and ‘our’ refer to Platinum 99 Pty Ltd. The terms ‘you’, and ‘your’ refer to Users of the App.

2.2 ‘App’ means the mobile application owned and operated by Platinum 99. You can download the App from the iTunes Store and Google Play Store.

Game Credits’ means the virtual currency used to place simulated bets as part of the functionality in the App. Game Credits do not have any monetary value either through or outside of the App.

IAP(s)’ means In-App Purchases that are facilitated through the Google Play Store and the iTunes Store.

Leaderboard’ means a global leaderboard or a private leaderboard that functions as a mechanism for comparing individual users and groups of users performance in the App.

Login Information’ means your information required to create a User Account. This includes, but is not limited to user name, passwords, pin numbers, social network account information, and security questions related to your User Account.

Platinum 99’ means Platinum 99 Pty Ltd (ACN 616 057 866).

Privacy Policy’ means the Privacy Policy that applies to these Terms.

Terms’ means these Terms of Use which govern your access to and use of the App.

Third-Party Account’ means Facebook login credentials.

User’ means a registered user of the App. In order to be a registered, you must first download/install the App and sign-up for a free User Account.

User Account’ means a registered account that is assigned to an individual User of the App verified through a unique link sent to your email address.

User Content’ means any content uploaded to the App, or otherwise transmitted through the App, by a User in relation to their User Account. This includes any content provided by third parties platforms, such as Facebook or Google.

3. Registration and Acceptance

3.1 To obtain access to our App, you may register for a free user account (‘User Account’) and provide your Login Information or alternatively you may register through an accepted Third-Party Account.

3.2 By registering for a User Account, you will be required to accept the Terms by clicking the “register” button in the user interface as a condition of joining as a User (‘User’). By clicking the “register” button you agree to these Terms which gives notice to you through our user interface as follows:

By Registering, you agree that you've read and accepted our App Terms and you consent to our Privacy Policy.

3.3 You acknowledge that Platinum 99 may reject your application for a User Account or cancel an existing User Account, for any reason, in our sole discretion.

3.4 You must be 18 years or older to use our App. You must not register for a User Account if you are not of legal age to form a binding contract with us or if you are a person barred from using the App under Australian law or any other country in which you are a resident.

3.5 You are solely responsible for the accuracy of the information that you submit in relation to your Login Information. You agree that we do not control, verify, or endorse that information.

3.6 You warrant that your Login Information is accurate, correct and up to date. You must not submit any Login Information that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a User Account.

3.7 If your Login Information changes, you must promptly update your User Account to reflect those changes. Platinum 99 may undertake additional inquiries to confirm the accuracy of your Login Information but is not obliged to verify Login Information.

3.8 You retain ownership of your Login Information. You grant Platinum 99 a worldwide, royalty free license to use, reproduce, modify, adapt, create derivate works, make publicly available your Login Information for the limited purposes of providing our Services to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our Services to you.

3.9 You are responsible for keeping your Login Details secure. Users acknowledge that they are entirely responsible for all activities that occur under their Login Details. Platinum 99 will not be liable for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify Platinum 99 of any unauthorised use of your Login Details or any other breach of security known to you.

3.10 You are responsible for maintaining, protecting and making backups of your Login Information. To the extent permitted by applicable law, Platinum 99 will not be liable for any failure to store, or for loss or corruption to your Login Information.

3.11 Platinum 99 may without notice terminate your User Account and your access to the Purchase Services including any Login Information in it or associated with it:

(a) at any time for a breach of these Terms in the sole discretion of Platinum 99, or

(b) if there is no account activity associated with your User Account for over 12 months.

3.12 Users must only use and access the App for purposes permitted by these Terms, and any applicable laws, regulations, or generally accepted guidelines in the relevant jurisdictions.

4. User Accounts

4.1 User Accounts are strictly restricted to persons who are at least eighteen (18) years of age and who have attained legal majority in their respective country. We may require proof that you meet this condition of our Terms, and failure to provide such proof will result in the closing or suspension of your User Account and the loss of any Game Game Credits that are held in your User Account.

4.2 Users must not:

(a) introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the App, or overburden or disrupt any device used by the App;

(b) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the App or any part of it;

(c) institute, assist, or become involved in any type of attack upon the App; or

(d) remove, disable, modify, add or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the App.

4.3 Users of the App must not create more than one User Account. If we are aware, suspicious, or of the view that more than one (1) account has been created by the same individual, we may, at our sole discretion, close any additional User Accounts and destroy any Game Credits held in any additional User Accounts.

4.4 If you have been previously banned from playing the App for whatever reason, you must not create another User Account or use or access Cric Zumo in any other way. Failure to comply with this term will result in the cancellation of your User Account (s) and any associated Game Credits held in any User Accounts (s).

4.5 You are responsible for keeping your User Account and Login Information secure. Each User Account is assigned to one (1) individual, and shall not be shared, accessed, or modified by any other person, except the individual User that is assigned to the User Account.

4.6 If you become aware of, or reasonably suspect that your User Account or Login Information may be breached, modified, removed, stolen, or accessed by another person other than the User of the User Account, you must notify Platinum 99 immediately and take necessary measures, such as changing your password and pin number, to protect your User Account and Login Information.

4.7 You are solely responsible and liable for maintaining the security and confidentiality of your Login Information, and by extension your User Account. This means that you are responsible for any In-App Purchases (‘IAP’s’) made through the App, or otherwise made as a result of any unauthorised access to your User Account or Login Information.

4.8 As part of the supply of our Services, you agree that you will be sent push notifications and, in addition, marketing notices including the possibility of advertisements offering services of a commercial or marketing nature.

5. User Content and Social Platform

5.1 Some features of the App included in our Services may allow you to create, upload, share, or transmit user content (‘User Content’) including on our Leaderboard. This may include content such as, but not limited to, communications, comments, chats, data, materials, images, sound, tips, statistics, records, strategy, messages, images.

5.2 User Content also encompasses your Login Information and any other information connected to your User Account.

5.3 To ensure that Users have a positive experience using the App, we reserve the right at all times for any reason and in our sole discretion, but without obligation, to:

(a) modify, remove or refuse to distribute or transmit any User Content, or

(b) suspend or terminate Users, where such User Content, violates these Terms, or that we otherwise find objectionable.

5.4 Any User Content that is uploaded by you to the App is in your sole responsibility, and you agree that you may be held liable for any User Content you upload, share, post, or otherwise transmit through the App.

5.5 By transmitting or submitting any User Content to the App, you affirm, represent and warrant that such transmission or submission is:

(a) accurate and not confidential;

(b) not in violation of any applicable laws, contractual obligations or restrictions, or other third- party rights;

(c) free from any virus, worms or other malicious code or software, adware, spyware, or harmful data that could in any way modify or interfere with the App;

(d) not defamatory or invasive of a person’s privacy; and

(e) does not infringe any intellectual property rights.

5.6 To protect our Users and ensure that Users have a positive experience using our App, we reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the App for any reason, to suspend or terminate Users, where such Content, in our sole discretion, violates these Terms, including the Privacy Policy or any additional Terms, or that we otherwise find objectionable.

5.7 The views expressed in any User Content are the views of users and not those of us. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any Content. We encourage you to notify us of any inappropriate or illegal content.

5.8 We respect the rights of others and we encourage you to do the same. You agree that you will not send on the App, post to or transmit from the Services (including posting to social media) any Content, nor use the Servicese in any way that:

(a) gives rise to civil or criminal liability or which may cause us or the Services into disrepute;

(b) defames, harasses, bullies or intimidates any person;

(c) spams or solicits our Users to the extent of harassment;

(d) constitutes, assists or encourages a civil or criminal offence;

(e) violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or intellectual property right; or

(f) encourages any violation of these Terms.

5.9 Platinum 99 takes no responsibility whatsoever as to the validity, appropriateness, completeness, or lawfulness of any the User Content that is uploaded or otherwise transmitted to the App.

5.10 Platinum 99 makes no representations or warranties whatsoever that it will take any steps to monitor or otherwise filter User Content uploaded or transmitted to the App.

6. Licence

6.1 Provided you comply with these Terms, we grant to you a personal, worldwide, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope licence to access and use the App using a App supported device. Use of the App shall be solely for your own, private, non-commercial entertainment and social purposes, in accordance with these Terms, and for no other purpose whatsoever.

6.2 We may terminate this licence at any time, if you use the App, except as permitted by these Terms. If your access to the App or use of it is determined to be illegal under the laws of the country in which you are located, your licence to access or otherwise use the App is terminated with immediate effect and you must stop using the App immediately.

6.3 Except for any other licence rights set out in these Terms, this licence does not grant any additional rights to you. All right, title and interest in the App, including copyright and our intellectual property rights in it shall remain owned and controlled by us or any related entities.

6.4 You grant Platinum 99 and its affiliates a perpetual, worldwide, exclusive, royalty-free, unlimited, sub-licensable and transferable licence whilst you are a User of the App to use, reproduce, commercialise, distribute, display and deliver the User Content that you upload, submit, store send, or receive on or through the App. The rights you grant in this licence are for the limited purpose of operating and providing functionality to the App. You agree that we may share your Login Information and User Content with system integrators for the purpose of maintaining and managing your data.

7. Purchase of Game Credits

7.1 As a User of the App, you will have the opportunity to earn, win, or purchase virtual, in-game currency, called ‘Game Credits’ which you can use to place virtual bets on your favourite cricket team. We may also grant you free daily Game Credits in our discretion or based on your logins to the App which are subject to change from time to time and are in our sole discretion. If you wish to purchase additional Game Credits, other than those provided to you for free through your use of the App, you will be required to pay a fee using “real world” money, which can be facilitated through either the iTunes Store or Google Play Store as an IAP.

7.2 When you purchase Game Credits through platforms such as the Google Play Store or iTunes Store, your payment for Game Credits will be subject to those platforms’ terms and conditions. It is your responsibility to ensure you have read and accept those platforms’ terms and conditions before purchasing any Game Credits or other items associated with the App.

7.3 Your order for Game Credits will represent an offer to us from you to obtain a limited license for the use of the Game Credits that is accepted by us when we make the Game Credits available in your User Account or debit your credit card or accept payment from you through a third-party payment gateway provider, whichever comes first provided such payment has been cleared.

7.4 You hold no right, title or interest in your User Account, including any Game Credits assigned to your User Account, whether earned, won, or purchased. Your User Account and any related items, including any Game Credits associated with your User Account, are owned by Platinum 99. Platinum 99 grant you a limited licence to use your User Account and any related items, including any Game Credits associated with your User Account only while your User Account is active.

7.5 You agree that while you may earn, win, or purchase Game Credits in the App, you do not legally own the Game Credits and the amounts of any Game Credits do not refer to any real balance of value or real currency or its equivalent. Any Credit balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

7.6 Game Credits can never be redeemed or cashed out for real world money, goods, or any other item of monetary value from the App, Platinum 99, or any other party, except as provided for in these Terms.

7.7 Your purchase of Game Credits is final and is not refundable, transferable or exchangeable, except in our sole discretion, or pursuant to these Terms. Game Credits will reside in your User Account until discharged through use of the App or otherwise surrendered or cancelled in accordance with these Terms.

7.8 You may not sublicense, trade, sell or attempt to sell in-game Game Credits for real money, or exchange Game Credits for value of any kind outside of the App. You understand that doing so is a violation of these Terms and may result in termination of your Account and any such transfer or attempted transfer is prohibited and void.

7.9 Other than a limited, personal, revocable, non-transferable, non-sub licensable license to use the Game Credits with the App, you have no right or title in or to any such Game Credits appearing in your User Account or originating from the App, or any other related items associated with use of the App or stored within the App.

7.10 Platinum 99 retains the right to regulate, control, manage, modify and/or eliminate Game Credits at its sole discretion, and Platinum 99 shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Game Credits are subject to change without notice.

8. Refund Policy

8.1 Refunds will be processed in accordance with the Australian Consumer Law. Except as required by law, all fees paid by you under these Terms are final and non-refundable.

8.2 We will refund you for any Game Credits that have been purchased but were not properly assigned to your User Account due to a technical error or if your User Account is charged for Game Credits you did not purchase. All refunds are processed through the respective payment platforms, such as the Google Play Store or the iTunes Store.

8.3 We do not issue refunds or any other type of compensation for any unused Game Credits when a User Account is closed, whether such closure was voluntary or involuntary.

8.4 We reserve the right to refuse a refund request if we reasonably believe or suspect that:

(a) You are in breach of these Terms; or

(b) You are using the App fraudulently or that your User Account is being used by a third-party fraudulently.

8.5 Refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

9. Third Party Sites and Advertising

9.1 The App may contain advertisements from App, Platinum 99, or third parties, and other pointers to sites or applications operated by third parties. We do not control these linked sites and are not responsible for the content of any linked sites.

9.2 Platinum 99 makes no representation or warranty regarding any content, goods or services provided by any third party even if linked to from the App and will not be liable for any claim relating to any third-party content, goods or services.

9.3 Links to third party sites and advertising are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship, association, or affiliation by us of those applications or the products or services provided at those sites.

9.4 The linked sites may collect data or solicit personal information from you, or they may automatically collect information from you. Your access to any such site is entirely at your own risk.

10. Intellectual Property

10.1 In these Terms:

“Intellectual Property (Rights)” means all Intellectual Property Rights and including all copyright, service marks, logos, trade names, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

“Works” means any material made available on the App, including but not limited to software, updates, upgrades, computer code, written texts, functionality, posts, data, photographs, pictures, graphic works or images, and their selection and arrangement.

10.2 You acknowledge that ownership of the Intellectual Property Rights relating to the App is the property of or licensed by Platinum 99 or vests on creation in Platinum 99. Any other third-party trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

10.3 The Works on the App and any User Content related to the App are subject to copyright and owned by the copyright owner. The copyright material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the App and a part of the compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us or any related entities. Information procured from a third-party may be the subject of copyright owned by that third-party.

10.4 Any reproduction or redistribution of the Intellectual Property or Works in the App and not in accordance with these Terms is explicitly prohibited and may result in the termination of your User Account as well as legal action taken against you. Nothing contained in the App or these Terms should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any such Intellectual Property or Works without our prior written consent.

10.5 Unless otherwise stated, we retain all rights, title and interest in and to the Works on the App and of our Services. Nothing you do on or in relation to the App will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

(b) right to use or exploit a business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

(c) thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or

(d) any proprietary rights in the App or the App database.

10.6 You shall not use any of our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours; or

(c) in a manner which may be confusing, misleading or deceptive.

10.7 The obligations accepted by Users under this clause survive termination or expiry of these Terms.

11. Disclaimer and Limitation of Liability

11.1 By accessing, using, or downloading the App, you acknowledge and agree that your use of the App, in whole and in part (including, without limitation, all User Content and any content associated with your use of the App), is at your own risk and is provided to you on an “as is” basis.

11.2 To the fullest extent permitted by law, Platinum 99, our affiliates or subsidiaries, or any of our directors, officers, employees, agents, partners, agents, contributors, and licensors disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the App and your use thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, usefulness, accuracy, completeness, suitability or currency.

11.3 Platinum 99 makes no warranties or representations regarding the content of the App, or the content of any sites linked to the App, or that the App will be uninterrupted or error-free any assumes no liability or responsibility for any:

(a) errors, defects, mistakes, or inaccuracies of content;

(b) unauthorised access to or use of the App’s servers, personal information or financial information stored therein;

(c) interruption or cessation of transmission to or from the Services;

(d) bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Services by any third party;

(e) errors or omissions in any content or for any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available via the Services;

(f) human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections through your access to or use of the Services;

(g) quality, accuracy, completeness and validity of any information or materials in connection with the Services.

Platinum 99 does not warrant that the Services will meet your requirements or that transmissions or your data will be secure.

11.4 You agree that we, our affiliates or subsidiaries, or any of our directors, officers, employees, partners, agents, contributors, and licensors shall not be liable to you or any third party for any:

(a) loss of profit or opportunity (whether incurred directly or indirectly);

(b) damage to goodwill or business reputation and any other intangible loss;

(c) special, direct, indirect, incidental, punitive, exemplary or consequential damages whatsoever or any other losses, costs or expenses of any kind, including loss of data, legal fees, expert fees, cost of procuring substitute services, or any other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the App and any other content provided therein, or through downloading of any materials, data, text, images, video or audio from the App, whether in common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

11.5 In case of a malfunction, disruption, or other event that prevents you from betting on a match, or prevents the App from deciding the outcome of a match or otherwise prevents the App from transferring, exchanging, creating, or removing Game Credits from or to any User Account, then we will not be held liable or responsible for any such action or inaction caused in connection with the above, including loss of potential winnings or other lost opportunity in connection with your use of the App.

11.6 You understand that the App relies on the outcome of real cricket matches, and as such is not responsible in any way for the outcome, event, changes or cancellation of such matches, whether or not in the normal course of a match, including, but not limited to, injured players, weather events, and match conditions.

11.7 Save to any extent expressly provided otherwise in these Terms or as otherwise required by law, you agree that we will not:

(a) pay you any compensation or other payment upon the discontinuance or alteration of the App in any way; and

(b) reimburse you for any costs whatsoever incurred as a result of you using the App, or any other features provided in connection to the App, whether purchased or distributed for free.

11.8 Our total liability arising out of or in connection with the App or these Terms, however arising, whether at common law, under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed at our option the resupply of the App to you. Our aggregate liability to you in respect of any contract to provide the App to you under these Terms shall not exceed the greater of the total amount paid by you and payable to us for providing the App Services.

12. Indemnity

12.1 The User indemnifies and releases Platinum 99, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors from and against any and all claims, losses, demands, proceedings (including all class actions, suits), damages, costs, expenses or liabilities (including without limitation legal expenses and any amounts payable by us to a third-party in settlement of a claim or dispute) brought against or sustained by us, which are directly or indirectly caused by:

(a) the User’s breach of these Terms;

(b) the User’s use or misuse of the App;

(c) any negligent or wrongful act or omission of the User; and

(d) any breach of any third-party rights, including in respect of any claim that infringes Intellectual Property Rights.

13. Termination

13.1 Without limiting any other remedies, Platinum 99 may refuse access to the App or may limit, suspend, modify, terminate or delete your User Account without notice for any reason, including but not limited to, a suspected violation of these Terms, illegal or improper use of your User Account or User Content or any of App’s Intellectual Property as determined by Platinum 99 in its sole discretion.

13.2 In the event that your User Account is terminated, deleted or suspended, you may lose your User Content, and any other information associated with your User Account (including any Game Credits associated with your User Account). Platinum 99 takes no responsibility for any damage or losses that may result to you from the foregoing.

13.3 If you have more than one (1) User Account, Platinum 99 may at its sole discretion, delete or terminate or suspend any or all your User Accounts.

13.4 If your account is deemed inactive, we may at our sole discretion, delete or terminate your User Account.

13.5 You may delete or cancel your User account at any time by contacting Platinum 99 at support@criczumo.com or by any method facilitated through the App where available.

13.6 In the event that Platinum 99 terminates, deletes or suspends your User Account, you may not participate in the App in any way without Platinum 99’s express permission. You may not allow individuals whose User Accounts have been terminated by Platinum 99 to use your User Account.

13.7 If you think your User Account has been deleted by accident, or otherwise by mistake, please contact us at support@criczumo.com, and we will endeavour to solve any issues.

14. Disputes

14.1 Users are solely responsible for interactions and disputes with each other.

14.2 If a dispute arises out of or relates to the Terms as between Platinum 99 and a User, either party cannot commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with:

(a) Compulsory process. A party cannot start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (“Dispute”) unless it has complied with this clause.

(b) Notification. A party claiming that a Dispute has arisen must notify each other party to the Dispute giving details of the Dispute.

(c) Initial period – Efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period), each party to the Dispute (“Disputant”) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

(i) a mediator agreed on by the Disputants; or

(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

(e) Representative. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.

(f) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

(g) Information. Any information or documents disclosed by a Disputant under this clause shall be kept confidential, and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence and may not be used except to attempt to resolve the Dispute.

(h) Costs of mediation. Each Disputant shall pay its own costs. The Disputants shall pay equally the costs of any mediator engaged.

(i) Location. The mediation will be held in Perth, Australia.

14.3 Failure to resolve. If the Dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

15. Privacy

15.1 In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).

15.2 If a User obtains the Personal Information of other users in the course of using the App under these Terms, the User must comply with their obligations under the Privacy Laws and not do any act or engage in any practice which would be in breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).

15.3 For more information on how we deal with your privacy, please see our Privacy Policy which your acceptance of is a condition of these Terms.

16. Variation

16.1 We may change, add or remove parts of these Terms at any time.

16.2 The revised Terms shall apply to your use of the App from the date of publication of the revised Terms on the App and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms. By continuing to use the App, you accept the Terms as they apply from time to time. If you do not agree with the changes, you should delete the App.

17. No waiver

17.1 No waiver of rights under these Terms or any of our policy, or agreement between us and a User shall constitute a subsequent waiver of this or any other right.

17.2 Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of any future right of enforcement of that right or provision.

18. Assignment

18.1 You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

18.2 You may not assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

19. Third Party Rights

19.1 A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties' rights under these Terms is not subject to the consent of any third party.

20. Entire Agreement

20.1 Unless otherwise stated, these Terms and our Privacy Policy make up the entire agreement between you and us regarding the App and supersede any prior agreements. Upgraded versions and new releases of the App will be subject to these Terms and our Privacy Policy.

1. Severability

21.1 If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.

22. Law and Jurisdiction

22.1 These Terms are governed by and construed in accordance with Australian law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Western Australia, and any court that may hear appeals from any of those courts for determining any dispute concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.

23. Force Majeure

23.1 Platinum 99, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

24. Feedback

24.1 Your feedback is important to us. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the App. You may submit feedback by emailing us at support@criczumo.com .

24.2 You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable licence under all Intellectual Property Rights that you own or control to use, copy, create derivative works based upon and otherwise use the feedback for any purpose, including (but not limited to) advertising and promotional purposes.

25. Our Contact Details

25.1 Platinum 99’s principal place of business is at 32 Tuckey Street, Mandurah, Western Australia, 6210.

25.2 You can contact us:

(a) by post, using the postal address given above;

(b) using our contact form, should one be made available to you;

(c) by telephone, on the contact number published on the Cric Zumo App; or

(d) by email, using the email address published on the Cric Zumo App (from time to time).

© 2018 Platinum 99 Pty Ltd. ALL RIGHTS RESERVED.

Terms last updated 30 April 2018.