Terms and Conditions
Document Version: 2.1
Effective Date: 28 February 2019
- Welcome to Liven! Please read the following terms and conditions of use (Terms) to understand your rights and obligations when accessing the applications, websites, content, products, and services (together, the Services) made available by us. By downloading, installing and using the Services, you agree to be bound by these Terms. If you do not accept these Terms, you must immediately cease using the Services.
- In these Terms, the expressions:
- App means the application operated by us.
- Token Sale means our sale of LVN Tokens to be made available for use within the App.
- LVN, LVN Tokens or Liven Coins means the cryptographic reward tokens known by the ticker LVN or the names LVN Tokens or Liven Coins or such other name as we may determine.
- Merchant means a merchant listed on our Services that accepts payments made via the Services.
- NPO means a not-for-profit organisation or a community group that is listed on our Services as a beneficiary of donations made by users via the Services.
- we, our, us and similar terms means Liven Pty Ltd ACN 161 315 519 and our related entities.
- Website means www.liven.com.au or www.livenpay.io and/or any other website we may operate from time to time.
- These Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Services.
- The Services we provide constitute an online platform which enables:
- Merchants to list and promote their businesses; and
- users of the Services to discover places and pay for goods and services directly from Merchants.
Users may earn loyalty rewards in the form of Liven Coins when they pay with the Services. The Liven Coins can then be used to pay for additional products and services from Merchants or donated in whole or in part to one of our affiliated NPOs.
- Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable and revocable licence to download and install the Services and use and run the Services for personal, non-commercial use on your personal device or computer system. You have no right to sublicense the licence granted in this clause. If you use the Services with an eligible corporate card, you agree that you are doing so with your employer’s authorisation and that your employer will be bound by these Terms.
- Apple Inc., and Google, Inc., and their applicable international subsidiaries and affiliates will be third-party beneficiaries to these Terms if you access the Services using applications developed for mobile devices running Apple iOS or Google Android, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services. Your access to the Services using these devices is subject to terms set out in the applicable third party beneficiary’s terms of service.
- The Services do not include the provision of a smartphone, computer or other necessary equipment to access the Service. To use the Services, you will need:
- a device or computer system that meets the Services’ system and compatibility requirements, which may change from time to time;
- working internet access; and
- compatible software.
You are responsible for ensuring that your device meets the system requirements for the Services and we will not be liable for any telephone costs, telecommunications costs or other costs that you may incur in accessing the Services.
- To fully utilise most aspects of the Services you must register for, and maintain, an active account (Account).
- To obtain an Account you must be 16 years of age or older. If you are 16 or older but under 18 years of age you must also have your parent or legal guardian’s permission to use the Services and to accept these Terms.
- Unless authorised by us, you may only possess one account. Sale, resale, transfer or trading of your Account is prohibited.
- Unless you create an account using a third party login credential (e.g. Google or Facebook), you must nominate a password for your Account. You should use a combination of numbers, upper and lowercase letters and symbols.
- You must keep your username and password secret and secure at all times in the same way as a cardholder would a banking password or PIN, including by:
- not sharing it with anyone;
- not carrying a record of it within the device you use to access the Services or within anything capable of being stolen with your device;
- not choosing an easily guessable password such as your date of birth or a recognisable part of your name;
- keeping the device you use to access the Services safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date antivirus software on it; and
- removing any stored username or password for the Services before disposing of the device you use to access the Services.
- We assume that any person using the Services with your username and password is either you or is authorised to act for you. You are solely responsible for any activity that occurs on your Account.
- Please contact us immediately if you suspect a security breach in relation to your device or computer system or that an unauthorised person has used your passcode or other credentials to access the Services.
- If we receive a report from you regarding a security breach or unauthorised use, we will suspend your use of the Services to protect you from further loss or liability. We will not be liable for any security breaches or unauthorised transactions conducted using the Services.
- You must provide us with, and maintain, accurate, complete and current Account information including a valid email address, phone number, as well as at least one valid payment method (either a credit/debit card or one of our payment partners). If you fail to maintain accurate, complete and up-to-date Account information, including by supplying an invalid payment method or not updating a payment method when it expires, your access to the Services may be restricted, suspended or cancelled.
- 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 us, Merchants, NPOs or any other party.
- In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you fail or refuse to provide such proof of identity.
Transactions with Merchants
- You acknowledge that the Services we provide comprise solely the technology platform which allows the relevant parties to transact seamlessly. We do not provide the actual goods or services for which you pay using the Services. These goods and services are provided to you directly by the Merchants and the Merchants are solely responsible for complying with all applicable laws in respect of those goods or services.
- To the maximum extent permitted by law (including the Australian Consumer Law), we make no warranty or representation regarding the safety, quantity, quality, availability or fitness for purpose of any goods or services supplied by the Merchants to you using the Services and we are not liable for the act or omissions of any Merchant or NPOs.
- If you believe that the goods or services you purchased using the Services breach any express or implied warranty or any law (including the Australian Consumer Law), please advise us in writing and we will consult with the relevant Merchant regarding your concerns.
- The goods or services supplied by the Merchants are subject to availability. It is your responsibility to make relevant inquiries with Merchants directly before making a decision to purchase the goods or services using the Services. Use of the Services does not guarantee that the goods or services you purchase will be available from the relevant Merchant.
- When you use the Services to pay for purchases, we want to make sure that you are paying the correct amount to the correct Merchant or NPO and do so seamlessly. To ensure a smooth and accurate transaction, we require:
- you to provide at least one valid payment method;
- your device’s location service to be enabled so we can verify that you are at the correct store, paying to the correct Merchant; and
- push notifications to your device to be enabled so you can receive confirmation of your payment in real time.
- If any of the requirements above are not met, your access to the Services may be restricted, suspended or terminated and you will not be able to use the Services to make a payment.
- We are authorised by Merchants to collect payments from you on their behalf. Payment of the price of the goods and services to us will discharge your obligations to pay such price to the Merchant. All prices specified and payments collected will be inclusive of applicable taxes where required by law.
- Payment for the goods or services purchased by you is final and will not be non-refunded, unless the refund is specifically authorised by the Merchant that supplied you the relevant goods or services. If you believe that you have been overcharged or charged incorrectly you may request us to review the charge. We will determine whether or not you are eligible for a refund in consultation with the Merchant.
Accumulating Liven Coin
- We may offer one or more loyalty rewards programs (Loyalty Rewards Programs) for using the Services under which you may have the opportunity to earn Liven Coins by purchasing goods or services from any Merchant using the Services,
- To earn Liven Coins, we must be able to confirm that you have made a valid and completed point-earning payment. For avoidance of doubt, we are not responsible for, nor will we be obligated to provide Liven Coin to you in respect of, any purchase that is not properly recorded, tracked and/or deemed approved by us.
- In addition to earning Liven Coin by purchasing goods and services from our Merchants, you may also purchase a limited amount of Liven Coin each day and top-up your Account to be used for future purchases. These purchases of Liven Coin are non-refundable. We reserve the right to restrict or prohibit you from purchasing any Liven Coin for any reason.
Using Liven Coin
- You may use the Liven Coin you have accumulated or purchased to purchase goods or services from our Merchants or to donate to our affiliated NPOs pursuant to these Terms and any applicable additional terms.
- Liven Coins may not be redeemed for cash, bartered or sold.
- You may also transfer your Liven Coin to another user who holds a verified Account with us. All transfers of Liven Coin must be approved by us before the proposed transfer is effected. We reserve the right to request proof of identification from you, for Account verification and security purposes, before approving your request for a transfer of Liven Coins to another Account. If you fail or refuse to provide proof of your identity, we may deny your request for transfer.
- We may reject any proposed transaction, reverse any completed transaction or otherwise invalidate any transaction using Liven Coin if we suspect that the transaction is unauthorised or in breach of these Terms.
- If you attempt to use Liven Coins to purchase goods or services, and we, or our Merchants determine that the goods or services are unavailable, or for whatever reason cannot be provided to you, we may, in our sole and absolute discretion, provide you with other goods or services of equal or greater value.
- No credit, reversal, or refund of Liven Coins will be issued for any reason after Liven Coins have been:
- purchased through the top-up feature;
- transferred out of your Account;
- redeemed and used to pay for goods or services from our Merchants; or
- donated to our affiliated NPOs.
- The use of Liven Coin to purchase some goods or services available from our Merchants may have eligibility requirements and we reserve the right to verify your identity to our complete satisfaction prior to approving the purchase of the goods or services from the relevant Merchant, or otherwise providing you with a benefit.
Cancellation of Loyalty Reward Program
- We may limit, suspend or terminate your ability to participate in a Loyalty Rewards Program at our sole and absolute discretion, and may void any Liven Coins earned or accumulated by you in a Loyalty Rewards Program if we determine in our sole and absolute discretion that you have not complied with these Terms or any additional terms applicable to your participation in the Loyalty Rewards Program.
- We may change, suspend or cancel all or a portion of any Loyalty Rewards Program, at any time. We will generally use reasonable efforts to notify you of any material change to, or suspension or cancellation of, a Loyalty Rewards Program.
Expiration of Liven Coin
- Where you have not logged in to your Account for a continuous period of two (2) years or more, Liven Coin held in your Account may be deemed expired and removed from your Account.
- You will be notified by us of the pending expiry of your Liven Coin via email and push notification to your device not later than three (3) months prior to the expiry date. Expiry dates (alternatively, your last login date) can be found using the Services.
- We may create promotional codes that may be redeemed for Account credit, Liven Coins or other features or benefits related to the Services and/or a Merchant’s goods or services (“Promo Codes”), subject to any additional terms that we establish on a case by case basis. For example, where a Promo Code is for new users only, a new user is defined as a person who registers, enters the Promo Code using the Services, and makes their first purchase.
- Promo Codes cannot be redeemed for cash, goods or services directly unless they are added to your Account and are displayed on the Services as “Active”. Unless otherwise specified by us, you may only have one Promo Code active on your Account at any time. If you replace any existing/active Promo Code with a new Promo Code, you will no longer be able to access the benefits of the previous Promo Code.
- Unless otherwise specified, Promo Codes can only be used on one transaction. Any remaining credit from that Promo Code cannot be carried forward to any additional or subsequent purchases.
- To prevent fraudulent activities and other attempts to circumvent the restrictions placed on Promo Codes, we may require certain personal information such as your email address or phone number to be verified and require at least one valid payment method to be added to your Account. If you fail or refuse to comply with these verification requirements, we may cease adding Promo Codes to your Account and delete any existing/active Promo Code on your Account.
- You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us;
- may be disabled by us at any time for any reason without liability to us;
- may only be used pursuant to the specific terms applicable to such Promo Code;
- are not redeemable for cash; and
- must be used before their expiry date.
- We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we consider that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. If for any reason a Promo Code becomes invalid due to technical failure of the Services or any other cause beyond our control, or any Merchant to which the Promo Code is linked ceases to accept payment using the Services, we reserve the right to cancel, suspend or modify the Promo Code and its associated benefits and/or not re-issue any additional Promo Codes to affected customers.
- From time to time, our Merchants may run promotional campaigns through the Services. If we facilitate such promotional campaigns, then your participation in such promotional campaigns will be subject to the Merchants’ own terms and conditions that apply to their promotions, in addition to these Terms. In the event of any inconsistency between these Terms and the terms of promotional campaigns conducted by Merchants, the Merchant’s terms will prevail to the extent of any inconsistency. You should always check the terms of such promotional campaigns before deciding to take up a promotion. Our Merchants may refuse to honour any promotion if you have not complied with the terms of the relevant promotion.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights in respect of Visitor Material. This consent survives any termination of these Terms.
- You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data images, sounds, text and other things embodied in the Visitor Material for any and all commercial and non-commercial purposes.
- By posting, uploading or transmitting any Visitor Material, you represent and warrant that any Visitor Material does not and will not:
- breach any applicable law;
- contain any viruses or any other harmful program;
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the intellectual property rights of another person;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or breach the privacy of any other person;
- be threatening, abuse or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;
- give the impression that the Visitor Material originates from us;
- be used to impersonate another person or to misrepresent your affiliation with another person; or
- contain any unsanctioned advertising, promotional materials, or other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email.
- The prohibited acts set out in clause 11.4 are not exhaustive. We reserve the right (but do not undertake, unless required by law, any obligation) to edit or remove any Visitor Material without notice to you, in our sole discretion.
- You grant us an irrevocable, perpetual, exclusive, transferable, royalty free worldwide licence to use, copy, modify and distribute any Visitor Material in any manner we think fit (including without limitation, by reproducing, altering or communicating the Visitor Material to the public). You also grant us the right to sublicense these rights.
- All Visitor Material contained on the Services is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Services, and any statements, advice or opinions provided by such persons are theirs alone. To the maximum extent permitted by law, including any restrictions contained in the Australian Consumer Law, we assume no responsibility or liability to any person for any Visitor Materials, including without limitation any errors, defamatory statements, obscenity, omissions or misrepresentations in any such Visitor Materials.
- You acknowledge and agree that we are unable to determine whether or not the Liven Coins you earned or used to purchase goods and/or services from our Merchants or donate to our affiliated NPOs are considered reportable taxable earnings in your jurisdiction.
- You are responsible for any and all tax liability arising from or associated with your use of the Services, including liability arising from your accrual of Liven Coins or your use of Liven Coins once earned.
- As a condition of your continued use of the Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your Liven Coin to an appropriate tax authority.
- It is your responsibility to seek the advice of a tax expert in order to determine the tax consequences of your use of the Services and Liven Coins earned or redeemed.
- Any tax receipts in respect of your donations to our affiliated NPOs are the responsibility of the NPO to which you have donated your Liven Coins. If you consider you are entitled to a tax receipt for such donation, please contact the relevant NPO.
Warranties and Disclaimer
- In Australia, our Services come with guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
- Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict or the conditions, warranties and undertakings arising under the Australian Consumer Law, Our liability for death or personal injury arising from our negligence or for any condition, warranty, right or liability implied in these Terms by law cannot be excluded.
- The Services are provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
- your use of the Services is at your own risk and is also subject to the terms and conditions of our Merchants and affiliated NPOs offering products or services that you access via the Services;
- prior to accepting these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services which are the subject of these Terms; and
- at no time prior to accepting these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
- To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
- that your access to the Services will be free from interruptions, errors or viruses;
- the accuracy, adequacy or completeness of information on the Services (nor do we undertake to keep the Services updated).
- To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:
- your sole remedy will be for us to provide the features or service that was previously provided; and
- our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using the Services or $100 whichever is lower.
Limitation of Liability
- To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:
- your use of the Services or any linked website (including interference with or damage to your computer system or mobile devices arising in connection with any such use);
- the Services being interrupted or unavailable;
- errors or omissions from the Services;
- viruses, malicious codes or other forms of interference emanating from the Services or from any Merchant website or NPO website to which the Services are linked;
- your use of or reliance on information contained on or accessed through the Services, which may be incorrect, incomplete, inadequate or outdated;
- goods or services supplied pursuant to or in any way connected with the Services;
- unauthorised access to or use of our servers and/or any information stored on them; or
- any failure or omission on our part to comply with our obligations as set out in these Terms.
- We do not accept responsibility for any inaccuracies or errors in any information about, or advertisements in respect of, goods and services displayed on the Services which are supplied by our Merchants or affiliated NPOs. The placement of such advertisements does not constitute a recommendation or endorsement by us of the relevant goods or services and the Merchant or NPO (as the case may be) is solely responsible for any representations made in connection with the information in respect of it and its goods and services displayed using the Services.
- The Services and their content (including its “look and feel”, text, graphics, logos, Token Salens, photographs, editorial content, sound recordings, software and other material) is owned by us or licensed to us by third parties and protected under applicable laws.
- Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in the jurisdiction in which you are located, and except as expressly authorised by these Terms or in writing by us, you may not in any form or by any means:
- copy adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Services; or
- commercialise any information, products or services obtained from any part of the Services.
- All rights not expressly granted under these Terms are expressly reserved.
- Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark of ours or of our Merchants or affiliated NPOs.
- If you use any of our trade marks (whether or not registered) with reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or combined with the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including the Services).
Links in the Services
- The Services may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be updated by us.
- We are not responsible for the content or privacy policies or practices of persons or companies associated with Linked Websites. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to Linked Websites. When you access any Linked Websites you do so entirely at your own risk.
- Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
- You permit us to share your device, payment, location and account information with your debit card or credit card issuer and network. Where necessary, you permit us to collect transaction, account and other personal information from third parties, including Merchants, affiliated NPOs and your credit or debit card issuer.
Security of Information
- No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
- Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- While we endeavour to ensure the Services are available twenty four (24) hours a day, we are not under any obligation to do so, and will not be liable to you if the Services are unavailable at any time or for any period. Your access to the Services may also be occasionally restricted or suspended temporarily at any time and without notice to you to allow for repairs, maintenance or the introduction of new facilities or services.
- Without limiting any other means of communicating with you under these Terms, we may as part of the normal business operation, send an SMS to your device, call you on your phone number, send an email to the email address you have supplied to us or write to you using the postal address you have supplied to us.
- You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any laws applicable to the Services, including but not limited to any act which would constitute a breach of privacy, using the Services to defame or libel us, our employees or any other person or for fraudulent purposes.
- You must not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within or derived from the Services without our prior written approval;
- reverse engineer the code contained in the Services or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to the Services any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
- create internet links to the Services, or “mirror” the Services on any other server or wireless or internet-based device;
- build a product using similar ideas, features, functions or graphics or copy any such materials contained in the Services;
- damage, disrupt, interfere with, impair the operation of or misuse the Services, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Services;
- launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Services; or
- use any device, software or routine intended to damage or interfere with the proper working of the Services or to intercept or sequester any system, data, images or other multimedia elements from the Services.
- We may terminate your Account in our sole and absolute discretion without notice to you, including if:
- we suspect you have breached these Terms or any applicable law;
- we believe that there has been a security breach or unauthorised use of your Account;
- we reasonably suspect you have committed fraud;
- if required by applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanctions laws);
- if directed to do so by your credit card or debit card provider (for example, in circumstances of suspected fraud);
- we determine that your conduct impacts on our name or reputation or violates our rights or those of another party; or
- you do not use the Services for an extended period of time.
- You may also cancel your Account by notifying us but once terminated or cancelled, your Account cannot be re-activated and we reserve the right to deny you access to the Services.
- Following cancellation or termination of your Account, you will forfeit all entitlements and benefits associated with your Account including any Liven Coins remaining in your Account and we will have no further obligations or liabilities to you. All of your user content will remain even after your Account has been terminated or cancelled and may be dealt with by us as we think fit. Any exclusions of liability or other provisions contained in these Terms which expressly or by their nature survive termination of these Terms will survive any such termination.
- 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 will to that extent be severed and deemed not to form part of these Terms but the legality, validity and enforceability of all other provisions of these Terms will not be affected.
- These Terms are governed by the laws in force in the State of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Terms.