SCG APP TERMS OF USE – Apple iOS

This license is for the provision of the mobile app available for free download from the App Store under the name "SCG App" (App) between the person who downloads the App (You) and Sydney Cricket Ground (Venues NSW) ABN ABN 26 283 293 435.

The App is the only official app for the Sydney Cricket Ground (Venue). Venues NSW does not endorse any other mobile apps. Customers who download non-Venues NSW approved mobile apps do so at their own risk.

1. License terms: The App is licensed, not sold, by Venues NSW to You for use only under the terms of this license. You acknowledge that You have already accepted the Conditions of Entry for the Venue (available at https://www.sydneycricketground.com.au/conditions_of_entry  and that such terms apply in addition to the terms of this license.
2. License parties: Venues NSW and You acknowledge that this license is concluded between Venues NSW and You only, and not with Apple or any other person. Subject to the terms and conditions of this license, Venues NSW, not Apple, is solely responsible for the App and the content thereof. Venues NSW reserves all rights not expressly granted to You.
3. Description of App: The service provided by the App allows You to: (i) send messages to Venues NSW in respect of the services provided at the Venue; (ii) add events held at the Venue to your digital calendar; (iii) access maps in respect of the Venue; (iv) participate in certain trivia and quizzes; (v) upload videos and photos to your iPhone and social media networks; (vi) provide feedback to Venues NSW in respect of the game-day experience; (vii) store tickets in respect of events conducted at the Venue; (viii) check car park availability information at MP1, EP2, EP3 etc; and (ix) access certain public transport information relevant to the Venue (collectively, the Services
   ) (x) contact live support services to report issue in the venue. Although every effort has been made to ensure the accuracy of information included in the App, locations, facilities, distances, times and services may vary from that which occurs in practice. You acknowledge that: (i) the App may not be compatible with certain devices and operating systems; and (ii) while Venues NSW endeavours to ensure that the App is free from viruses and other harmful code, this cannot be guaranteed.
4. Scope of license: This license granted to You for the App by Venues NSW is limited to a non-exclusive non-transferable license to use the App on any mobile device that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (the Usage Rules). You may only use the App for Your personal, non-commercial purposes and You may not use or copy the App for any other purpose unless You obtain Venues NSW’s prior written consent. You may incur charges from Your mobile service provider for downloading and using the App.
5. License restrictions
   : This license does not allow You to: (i) use the App on any device that You do not own or control; (ii) distribute or make the App available over a network where it could be used by multiple devices at the same time; (iii) rent, lease, lend, sell, redistribute or sublicense the App; (iv) copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by law); (v) violate any applicable laws or access or use the App for any unlawful purpose; (vi) distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; or (vii) collect or store personal data about other users of the App.
6. Username and password: You must keep all usernames, passwords, personal identification numbers and answers to security questions confidential and must not disclose this information to any person. Venues NSW is not responsible for any loss suffered as a result of You disclosing any such information to another person. You should lock Your device and take all reasonable steps to stop unauthorised use of the App or disclosure of Your details.
7. Privacy: You agree that Venues NSW may collect and use your name, email, gender, and other personal data in providing the Services. Venues NSW will handle personal information that we collect in relation to You in accordance with our privacy policy at https://sydneycricketground.com.au/policy_privacy  (Venues NSW Privacy Policy). You may update any personal information that we have about You by editing your profile on the setting page of the app or by directly contacting the Venues NSW front office at the address Suite 208-1M, Building 208, The Entertainment Quarter, 122 Lang Road, MOORE PARK NSW 2021 or by email reception@venuesnsw.com
8. Location data: The App makes use of location data to enhance the game-day experience. You can turn off this functionality at any time by turning off the location services settings for the App on Your device. If You use the App, You consent to us collecting, processing and using Your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings.
9. Third party content: The App may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party sites. To the maximum extent permitted by applicable law, Venues NSW does not warrant or endorse and will not have any liability to You or any other person for any third party services, content or sites which are provided solely as a convenience to You.
10. Intellectual property
    : Venues NSW is the owner or the licensee of the intellectual property rights in the App, including the layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, other information and software. You agree that the App contains proprietary content, information and material that is protected by intellectual property laws and that You will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Services.
11. Upgrades: Venues NSW may from time to time upgrade the App. The terms of this license will govern any upgrades that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge that, in the event that Venues NSW upgrades the App, earlier versions of the App may no longer be downloaded or supported.
12. Maintenance and support: Venues NSW and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may, however, report issues in respect of the App to Venues NSW by directly contacting the Venues NSW front office at the address Suite 208-1M, Building 208, The Entertainment Quarter, 122 Lang Road, MOORE PARK NSW 2021 or by email reception@venuesnsw.com or calling 9360 6601.

.  Venues NSW will endeavour to address material issues that we determine have a substantial impact on the operation of the App for all users You may, however, report issues in respect of the App to Venues NSW by directly contacting the Venues NSW front office at the address Suite 208-1M, Building 208, The Entertainment Quarter, 122 Lang Road, MOORE PARK NSW 2021 or by email reception@venuesnsw.com or calling 9360 6601.

1. Liability: You acknowledge and agree that, to the maximum extent permitted by applicable law, use of the App is at Your sole risk and that, subject to clause 14: (i) Venues NSW disclaims all conditions, warranties, guarantees and rights with respect to the App; (ii) Venues NSW does not warrant against interference with Your enjoyment of the App, that the App will meet Your requirements, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected; (iii) the maximum aggregate liability of Venues NSW to You for all claims under this license is limited to $100; and (iv) Venues NSW is not liable for any indirect, consequential or economic damages or damages for loss of profits, revenue, goodwill or anticipated savings, whether the claim or liability arises in contract, tort (including negligence), equity, under statute or on any other basis. Venues NSW’s liability to You is reduced to the extent that Your acts or omissions (or those of a third party) contributed to or caused the relevant loss or damage.
2. Non-Excludable Provisions: Nothing in this license excludes anything imposed by any legislation (such as the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances) that cannot be lawfully excluded or limited (Non-Excludable Provision). If we are able to limit Your remedy for a breach of a Non-Excludable Provision, then our liability for such a breach is limited to one or more of the following at our option: (i) supplying the Services again; or (ii) the payment of the cost of having the Services supplied again.
3. Notification to Apple: In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Venues NSW’s sole responsibility.
4. Claims: Venues NSW and You acknowledge that: (i) Venues NSW, not Apple, are responsible for addressing any claims of You or any third party relating to the App or Your possession and/or use of the App, including: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (C) any claims arising under consumer protection, privacy or similar legislation; and (ii) in the event of any third party claim that the App or Your possession and use of it infringes a third party’s intellectual property rights, Venues NSW, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
5. Representations and warranties: You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
6. Suspension: Venues NSW and its licensors reserve the right to change, suspend, remove or disable access to the App or any element of the Services at any time without notice. In no event will Venues NSW be liable for the removal of or disabling of access to the App or any such element of the Services. Venues NSW may also impose limits on the use of or access to certain elements of the App or Services, in any case and without notice or liability.
7. Termination: The license is effective until terminated by You or Venues NSW. Your rights under this license will terminate automatically without notice from Venues NSW if You fail to comply with any term(s) of this license. Upon termination of the license, You must cease all use of the App.
8. Third party beneficiary: Venues NSW and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this license, and that, upon Your acceptance of the terms and conditions of this license, Apple will have the right (and will be deemed to have accepted the right) to enforce this license against You as a third party beneficiary thereof.
9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the App (e.g. You must not be in violation of any agreement with your mobile provider when using the App).
10. Amendments: Venues NSW may at any time change these App Terms of Use. We will notify You of any material changes via the App Store. By using the App after any changes are published, You agree to be bound by the changes.
11. Contacting Venues NSW: You may direct Your questions, complaints or claims with respect to the App to Venues NSW at the address Suite 208-1M, Building 208, The Entertainment Quarter, 122 Lang Road, MOORE PARK NSW 2021 or by email reception@venuesnsw.com or calling 9360 6601.
12. Unenforceability: If any part of this license is held to be unenforceable, the unenforceable part is to be severed and the remainder will remain in full force and effect.
13. Governing law: The laws of New South Wales, Australia, govern this license and Your use of the App and You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Your use of the App may also be subject to other local, state, national or international laws.
    

SCG APP TERMS OF USE - Android Devices

This license is for the provision of the mobile app available for free download from the Google Play store under the name "SCG App" (App) between the person who downloads the App (You) and Sydney Cricket Ground (Venues NSW) ABN ABN 26 283 293 435.

The App is the only official app for the Sydney Cricket Ground (Venue). Venues NSW does not endorse any other mobile apps. Customers who download non-Venues NSW approved mobile apps do so at their own risk.

License terms: The App is licensed, not sold, by Venues NSW to You for use only under the terms of this license. You acknowledge that You have already accepted the Conditions of Entry for the Venue (available at https://www.sydneycricketground.com.au/conditions_of_entry  and that such terms apply in addition to the terms of this license.

1. Description of App: The service provided by the App allows You to: (i) send messages to Venues NSW in respect of the services provided at the Venue; (ii) add events held at the Venue to your phones digital calendar; (iii) access maps in respect of the Venue; (iv) participate in certain trivia and quizzes; (v) upload videos and photos to your Android device and social media networks; (vi) provide feedback to Venues NSW in respect of the game-day experience; (vii) store tickets in respect of events conducted at the Venue; (viii) check car park availability information at MP1, EP2, EP3 etc; and (ix) access certain public transport information relevant to the Venue (collectively, the Services
   ) (x) contact live support services to report issue in the venue. Although every effort has been made to ensure the accuracy of information included in the App, locations, facilities, distances, times and services may vary from that which occurs in practice. You acknowledge that: (i) the App may not be compatible with certain devices and operating systems; and (ii) while Venues NSW endeavours to ensure that the App is free from viruses and other harmful code, this cannot be guaranteed.
2. Scope of license: This license granted to You for the App by Venues NSW is limited to a non-exclusive, non-transferable, worldwide and perpetual license to perform, display and use the App on any Android device that You own or control and as permitted by any applicable Google terms governing Your use of the App (including the Google Play Terms of Service). You may only use the App for Your personal, non-commercial purposes and You may not use or copy the App for any other purpose unless You obtain Venues NSW’s prior written consent. You may incur charges from Your mobile service provider for downloading and using the App.
3. License restrictions
   : This license does not allow You to: (i) use the App on any device that You do not own or control; (ii) distribute or make the App available over a network where it could be used by multiple devices at the same time; (iii) rent, lease, lend, sell, redistribute or sublicense the App; (iv) copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by law); (v) violate any applicable laws or access or use the App for any unlawful purpose; (vi) distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; or (vii) collect or store personal data about other users of the App.
4. Username and password: You must keep all usernames, passwords, personal identification numbers and answers to security questions confidential and must not disclose this information to any person. Venues NSW is not responsible for any loss suffered as a result of You disclosing any such information to another person. You should lock Your device and take all reasonable steps to stop unauthorised use of the App or disclosure of Your details.
5. Privacy: You agree that Venues NSW may collect and use your name, email, gender, and other personal data in providing the Services. Venues NSW will handle personal information that we collect in relation to You in accordance with our privacy policy at https://www.sydneycricketground.com.au/conditions_of_entry   Venues NSW Privacy Policy). You may update any personal information that we have about You by You may update any personal information that we have about You by editing your profile on the setting page of the app or by directly contacting the Venues NSW front office at the address Suite 208-1M, Building 208, The Entertainment Quarter, 122 Lang Road, MOORE PARK NSW 2021 or by email reception@venuesnsw.com au or calling 9360 6601. You acknowledge that Your use of the App through any Android device may also be subject to additional terms and privacy policies of third parties (including the Google Play Terms of Service), which Venues NSW is not responsible for.
6. Location data: The App makes use of location data to enhance the game-day experience. You can turn off this functionality at any time by turning off the location services settings for the App on Your device. If You use the App, You consent to us collecting, processing and using Your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings
7. Third party content: The App may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party sites. To the maximum extent permitted by applicable law, Venues NSW does not warrant or endorse and will not have any liability to You or any other person for any third party services, content or sites which are provided solely as a convenience to You.
8. Intellectual property
   : Venues NSW is the owner or the licensee of the intellectual property rights in the App, including the layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, other information and software. You agree that the App contains proprietary content, information and material that is protected by intellectual property laws and that You will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Services.
9. Upgrades: Venues NSW may from time to time upgrade the App. The terms of this license will govern any upgrades that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge that, in the event that Venues NSW upgrades the App, earlier versions of the App may no longer be downloaded or supported.
10. Maintenance and support: You may report issues in respect of the App to Venues NSW by directly contacting the Venues NSW front office at the address Suite 208-1M, Building 208, The Entertainment Quarter, 122 Lang Road, MOORE PARK NSW 2021 or by email reception@venuesnsw.com or calling 9360 6601.

Venues NSW will endeavour to address material issues that we determine have a substantial impact on the operation of the App for all users by working with the third party developer Origins Digital (NetCo Sports).

1. Liability: You acknowledge and agree that, to the maximum extent permitted by applicable law, use of the App is at Your sole risk and that, subject to clause 13: (i) Venues NSW disclaims all conditions, warranties, guarantees and rights with respect to the App; (ii) Venues NSW does not warrant against interference with Your enjoyment of the App, that the App will meet Your requirements, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected; (iii) the maximum aggregate liability of Venues NSW to You for all claims under this license is limited to $[100]; and (iv) Venues NSW is not liable for any indirect, consequential or economic damages or any loss of profits, revenue, goodwill or anticipated savings, whether the claim or liability arises in contract, tort (including negligence), equity, under statute or on any other basis. Venues NSW’s liability to You is reduced to the extent that Your acts or omissions (or those of a third party) contributed to or caused the relevant loss or damage.
2. Non-Excludable Provisions: Nothing in this license excludes anything imposed by any legislation (such as the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances) that cannot be lawfully excluded or limited (Non-Excludable Provision). If we are able to limit Your remedy for a breach of a Non-Excludable Provision, then our liability for such a breach is limited to one or more of the following at our option: (i) supplying the Services again; or (ii) the payment of the cost of having the Services supplied again.
3. Suspension: Venues NSW and its licensors reserve the right to change, suspend, remove or disable access to the App or any element of the Services at any time without notice. In no event will Venues NSW be liable for the removal of or disabling of access to the App or any such element of the Services. Venues NSW may also impose limits on the use of or access to certain elements of the App or Services, in any case and without notice or liability.
4. Termination: The license is effective until terminated by You or Venues NSW. Your rights under this license will terminate automatically without notice from Venues NSW if You fail to comply with any term(s) of this license. Upon termination of the license, You must cease all use of the App.
5. Amendments: Venues NSW may at any time change these App Terms of Use. We will notify You of any material changes via the Google Play store. By using the App after any changes are published, You agree to be bound by the changes.
6. Contacting Venues NSW: You may direct Your questions, complaints or claims with respect to the App to Venues NSW at the address Suite 208-1M, Building 208, The Entertainment Quarter, 122 Lang Road, MOORE PARK NSW 2021 or by email reception@venuesnsw.com or calling 9360 6601.
7. Unenforceability: If any part of this license is held to be unenforceable, the unenforceable part is to be severed and the remainder will remain in full force and effect.
8. Governing law: The laws of New South Wales, Australia, govern this license and Your use of the App and You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Your use of the App may also be subject to other local, state, national or international laws.