Document Version: 2.1
Effective Date: 8 October 2018
- Welcome to Liven! Please read the following terms and conditions (Terms) to understand your rights and obligations when accessing our website www.liven.com.au or www.livenpay.io and/or any other website we may operate from time to time (Website). By browsing, accessing or using the Website, you agree to be bound by these Terms. If you do not accept these Terms, you must immediately exit the Website.
- We reserve the right to amend these Terms from time to time. Amendments will be effective as soon as such changes are notified on the Website. Your continued use of the Website following such notification constitutes agreement by you to be bound by these Terms as amended. You should regularly review these Terms.
- In these Terms, the expressions:
- App means the application operated by us.
- Merchant means a merchant listed on our App or on the Website that accepts payments made via the App.
- NPO means a not-for-profit organisation or a community group that is listed on our App or the Website as a beneficiary of donations made by users via the App.
- we, our, us and similar terms means Liven Pty Ltd ACN 161 315 519 and our related entities.
- 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 Website.
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 Website is provided to you strictly on an “as is” and “as available” basis.. You acknowledge that:
- your use of the Website 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 Website;
- 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 Website will be free from interruptions, errors or viruses; or
- the accuracy, adequacy or completeness of information on the Website (nor do we undertake to keep the Website 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 App 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 Website or any linked website (including interference with or damage to your computer systems or mobile devices arising in connection with any such use);
- the Website being interrupted or unavailable;
- errors or omissions from the Website;
- viruses, malicious codes or other forms of interference emanating from the Website or from any Merchant website or NPO website to which the Website is linked;
- your use of or reliance on information contained on or accessed through the Website, which may be incorrect, incomplete, inadequate or outdated;
- goods or services supplied pursuant to or in any way connected with the Website;
- 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 on the Website 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 information in respect of it and its goods and services displayed on the Website.
- The content of the Website (including its “look and feel”, text, graphics, images, logos, icons, 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 Website; or
- commercialise any information, products or services obtained from any part of the Website.
- 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;
- in a manner that disparages us or our information, products or services (including the Website).
- The Website is provided for your personal, non-commercial use only.
- You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within or derived from the Website without our prior written approval.
- You are authorised to print one copy of any information contained on the Website for your personal, non-commercial use. You may not use the Website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
Links in the Website
- The Website 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.
Links to the Website
- We do not grant you any intellectual property rights in any thing (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the Website (Materials).
- You must not reproduce the Materials or communicate the Materials to the public (including via any form of linking) without our prior written approval. Any permitted use or disclosure (including reproductions and communications to the public) of any Materials by you are on the basis that:
- such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
- you ensure that all links to Materials are presented or able to be used in a way that makes it clear to a viewer or user of the links or linked materials that the source of the Materials is the Website;
- you ensure that anyone who uses or reproduces your links to the Materials does so on the same terms as a person who accesses the Materials directly from the Website;
- you ensure that anyone who uses or reproduces your links to the Materials is not able to circumvent the limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from the Website rather than via their links;
- you do not link the Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or approval or endorsement; and
- you otherwise comply with our directions, including any take down or cease or desist directions.
- You must only use the Website for lawful purposes. 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 our website, including but not limited to any act which would constitute a breach of privacy, using the Website to defame or libel us, our employees or any other person.
- You must not:
- reverse engineer the code contained in our website 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 our website 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;
- damage, disrupt, interfere with or misuse the Website, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Website;
- 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 Website; or
- use any device, software or routine intended to damage or interfere with the proper working of the Website or to intercept or sequester any system, data, images or other multimedia elements from the Website.
- 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 10.4 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 Website is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Website or purchased through the App, 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.
- From time to time we may make certain offers, or carry out promotions or contests. Additional terms may apply to those offers, promotions or contests and you must agree to those additional terms. In the event of any inconsistency between these Terms and the terms of any offer, promotion or contest, the terms of the offer, promotion or campaign prevail over these Terms to the extent of any inconsistency.
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 Website is 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 Website is unavailable at any time or for any period. Your access to the App may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
Termination of Access
- Your access to the Website may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Terms which 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.