Welcome to Liven! Please take a few moments to read the following terms of service to understand your rights and obligations when using the Liven service.
These terms of service (“TOC”) constitute a binding agreement between the user (hereinafter referred to as "you", "your" or the "User") and Liven Pty Ltd (hereinafter referred to as "Liven", "we" or "us" or "our"). The TOC governs the use of the services provided by us through our website (“Website”) or the Liven mobile app (“App”) (collectively the “Service”).
By browsing, accessing or using the Service, you agree to be bound by the TOC. If you do not agree with the TOC, you must stop using the Service and uninstall the App.
We may amend the TOC from time to time. You should regularly review these terms and conditions. If you do not wish to be bound by such new terms and conditions you should cease viewing and using the Service. Continued use of the Service will be deemed to constitute acceptance of the terms and conditions as updated.
2. Description of the Service
Liven is an online platform where businesses from various retail industries (hereinafter referred to as “Merchant”) list their business details and provide highly enticing Promotions and promotions (“Promotions”) to consumers. The Promotions are only available to the consumers through the App and are provided to consumers by the Merchants directly.
3. Liven Account
You do not need to register an account to browse and view all the Promotions available from the Merchants. However in order to fully utilise all the features of the App, you must first create a Liven account. Unless you create an account using a third party login credential (i.e. Google+ or Facebook), you must nominate a password. You should use a combination of alphabets, numbers, upper and lower case letters and symbols to ensure your password is “strong” as you are solely responsible for keeping your password safe and for all activity that takes place under your account including but not limited to redemption of promotions or payment made through the App. You must also use a valid email address to register a Liven account and a valid phone number for verification purposes. You must not use an email address that is temporary or that belongs to someone else. Unless otherwise authorised by Liven in writing, you may only possess one Liven account.
Once you create an account, you automatically become a free member. A free membership grants you limited access to the Promotions from the Merchants. A premium membership available to paid members gives you access to all of the Promotions. A free membership has no expiry date, but a premium membership is valid for a defined time.
Despite our best endeavours, the details of the Merchants and/or the Promotions may change from time to time and often due to reasons beyond our control (for example, a Merchant has gone out of business or a Promotion is ceased due to the changes in their business operation). Before you upgrade to a premium membership, you should browse and view the full range of Promotions available on the App to determine if the premium membership is right for you. If you have purchased a premium membership we do not offer refunds if you simply change your mind or if a particular Merchant or Promotion that you want is no longer available.
5. General Conditions of Use
To use the Service and to make any purchase or make payment through, you must be 15 years of age or over, or do so through your adult parent or guardian.
The Service is directed solely at those who use the Service from within Australia. We make no representation that the Service is available or otherwise suitable for use outside of Australia. If you choose to access the Service from locations outside Australia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
The Service is for personal use only and must not be used for commercial purposes or shared with anyone else. For avoidance of doubt, sale, resale or trade of your Liven account or membership is prohibited. Promotions from the Merchants cannot be redeemed for cash.
The Service does not include the provision of a computer or other necessary equipment to access the Service. To use the Service, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
6. Promotions from Merchants
When you redeem a Promotion, the goods and services are provided to you directly by the Merchant and not by us. The Merchants are solely responsible for complying with all applicable law. To the extent permitted by law (including the Australian Consumer Law), we make no warranty or representation regarding the standard of any goods or services to be supplied by the Merchants and we are not responsible for the actions or inactions of the Merchants.
The Service also contains links to external websites (i.e. Merchant’s websites, or their social media pages) which are not under our control. We do not accept any responsibility for the content presented on such websites or any damage that you may sustain as a result of visiting them. By linking to such sites we are in no way suggesting an endorsement of or relationship with that organisation.
7. Conditions of Promotions
The Merchant may specify their own terms and conditions that apply to their Promotions. In addition, we also impose the Standard Liven Conditions to all of the Promotions available through the Service. You must always check the conditions before deciding to redeem the Promotion. The Merchants have the discretion to refuse to honour the Promotion if you have not complied with the conditions.
8. Accuracy of Content
The content appearing in the App relating to the Merchant’s products and/or services including photographs, business description, offer details, terms and conditions of the Promotion and contact details are generally made available to us by the Merchants. Whilst we make all reasonable efforts to correct any errors or omissions as soon as practicable after being notified of their existence. we cannot guarantee that the Service will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to firstname.lastname@example.org. Where there is inconsistency between the content on the Website and the App, the content on the App always prevails.
Prices are current at the time of display but are subject to change and unless otherwise specified, all prices that appear throughout our Website or the App are in Australian Dollar (AUD) and are inclusive of GST where applicable.
10. Intellectual Property Rights
We own all intellectual property, including copyright in all of the content (other than the content owned and licenced to us by the Merchants) of the App or the Website, unless otherwise indicated. Other product and company names mentioned on the App or the Website are the trademarks or registered trade marks of third parties. If you wish to reproduce or use any of the content found on the App or the Website you are required to obtain our permission to do so. We permit linking to this Website from other pages.
11. Suspension and Termination of Account
We may suspend, terminate or delete your account if:
a: you are in breach of the TOC;
b: your account is deemed abandoned; or
c: you commit or attempt to commit any fraud against us or any other person, without prejudice to any other rights and remedies we may have against you for breach of the TOC or any damage incurred by us or by anyone else by your conduct.
12. Warranties and Limited Liabilities
a: We do not warrant that the Service is free from anything which may damage any computer or other device used to access the Service or the data housed within that device. We also do not warrant that your use of the Service will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all.
b: We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or the App from time to time. Your access to the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds).
c: We do not and cannot warrant that the Merchants and their offers are available to you for the duration of your premium membership as they may become unavailable for a number of reasons that are beyond our control such as the Merchants closing their shops.
d: We exclude to the extent permitted by the law any liability which may arise as a result of accessing or using the Service (from any cause, including by negligence). By accessing the Service you agree to indemnify us for any loss, expense, cost or damage you may incur as a result of using this website. Additionally, we do not accept any liability for any incidental or consequential damages you may incur in connection with the Service or the content contained within it. In any event our liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents is limited to 50% of the annual membership fee paid by you.