Terms and Conditions

LIVLICIOUS WEBSITE TERMS OF USE

28 MARCH 2014

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING THIS WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE THEN YOU MUST NOT ACCESS THIS WEBSITE.

 

1.  Website

1.1.  This website (“Website”) is operated by Thinkable Pte Ltd. 201411104K trading as Livlicious (“we”, “us” or “our”).
1.2.  These terms and conditions (“Terms of Use”) apply to your use of this Website and all information, documents, logos, graphics, images, photographs, videos, website uniform resource locators (urls) and other material (“Material”) available on this Website.
1.3.  These Terms of Use include our Privacy Policy which is available on this Website and any other terms and conditions appearing on this Website.

 

2.  Use of Website

2.1.  You must at all times comply with these Terms of Use, any directions given by us and all applicable laws when using this Website.
2.2.  We may update this Website at any time which may affect your ability to continue to access and use this Website.
2.3.  You must not:

  • copy, reproduce, adapt, modify, distribute, republish, download, display, communicate or transmit in any form or by any means any Material available on this Website or any part of this Website without our prior written approval except to the extent permitted by these Terms of Use;
  • interfere with or disrupt the use of this Website by other users;
  • interfere with or breach any security or authentication measures of this Website
  • use data mining, screen scraping or similar technologies to extract data from this Website without our prior written approval;
  • use this Website to distribute any virus or other harmful code;
  • use this Website to engage in any fraudulent or illegal activity or any other activity that we determine in our sole discretion to be inappropriate or unsuitable; or
  • use this Website in a way that may damage or adversely affect our reputation or goodwill or the reputation or goodwill of other users of this Website.

 

3.  Registration

3.1.  You must register to:

  • share or make available on this Website any Material about an activity, event or service;
  • purchase a voucher (“Voucher”) for an activity, event or service (“Offer”) made available on this Website; or
  • use other features of this Website.

3.2.  You must ensure that all of Material which you provide to us when registering or using this Website is accurate, complete and current.
3.3.  You must promptly update, or notify us of, any Material which you have provided to us when registering or using this Website upon becoming aware that the Material is inaccurate, incomplete or out-of-date.
3.4.  By registering to use this Website you:

  • represent and warrant that you are capable of entering into a legally binding agreement with us; and
  • consent to receiving from us communications relating to your use of this Website and direct marketing communications.

3.5.  You must keep your login details for this Website secure.
3.6.   You are solely responsible for all use made of this Website (including, without limitation, purchase of Vouchers) when a person logs in using your login details.
3.7.   You must not access this Website using another user’s login details without his or her express consent.
3.8.   You must immediately notify us if you suspect or become aware that another person has made or may make unauthorised use of your login details and immediately change your password.

 

4.  Sharing Material

4.1.  You warrant that any Material which you share or make available on this Website will to the best of your knowledge be accurate, complete and current.
4.2.  You must immediately update, or notify us, of any Material which you have shared or made available on this Website upon becoming aware that the Material is inaccurate, incomplete or out-of-date.
4.3.  You must not share or make available on this Website any Material which:

  • you do not have the right to share or make available on this Website;
  • is defamatory, misleading, deceptive, offensive, discriminatory, racist, sexist, indecent, obscene, hateful, harmful, threatening, infringing or unlawful;
  • is determined by us in our sole discretion to be inappropriate or unsuitable; or
  • contains any personal information about another person without first obtaining his or her consent and notifying him or her of all required details pursuant to all applicable privacy laws.

4.4.  You agree that we will have the right, but not the obligation, to review any Material which you share or make available on this Website before or after you share or make it available.
4.5.  You agree that we may at any time, in our sole discretion, remove any Material which you have shared or made available on this Website or any of our other web pages (including Facebook, Twitter and other social media web pages) without providing any reasons.

 

5.  Website Material

5.1.  We are not responsible for any Material which a user has shared or made available on this Website.
5.2.  We do not guarantee the accuracy, currency, completeness or reliability of any Material available on this Website which may change over time without us being notified.
5.3.  You agree to make your own inquiries to confirm the accuracy, currency, completeness and reliability of any Material available on this Website before relying upon it.
5.4.  We do not approve, endorse or sanction any Offer made available on this Website unless otherwise expressly stated.

 

6.  Purchase of Vouchers

6.1.  We make available Vouchers on this Website for you to purchase as agent of the provider of the Offer (“Offer Provider”).
6.2.  You may use this Website to purchase a Voucher for an Offer directly from the provider of the Offer Provider subject to:

  • these Terms of Use and the applicable terms and conditions of the Offer Provider;
  • any applicable requirements or restrictions notified by the Offer Provider at any time;
  • the right of the Offer Provider to withdraw the Offer at any time without notice;
  • the availability of the Offer Provider to provide the services necessary to fulfil the Offer; and
  • the right of the Offer Provider to cancel and reschedule the activity, event or service due to circumstances beyond its reasonable control.

6.3.  In the event of a conflict between these Terms of Use and the terms and conditions of an Offer Provider applicable to an Offer then these Terms of Use will prevail to the extent of the inconsistency unless otherwise expressly stated on this Website.
6.4   When you use this Website to purchase a Voucher for an Offer a contract will be formed directly between you and the Offer Provider.

 

7.  Voucher prices

7.1.  The purchase price of a Voucher for an Offer listed on this Website is shown in Australian dollars and includes goods and services tax unless otherwise specified.
7.2.  The purchase price for a Voucher is subject to change without notice being determined by the Offer Provider.
7.3.  A purchase order which you place to purchase a Voucher is only confirmed when we receive payment of the full purchase price for the Voucher as agent of the Offer Provider.
7.4.  We will not issue a Voucher to you until we have received payment from you of the full purchase price for the Voucher.

 

8.  Delivery of Vouchers

8.1.  You agree to accept delivery over the Internet of a Voucher for an Offer which you have purchased using this Website at your own risk as such delivery cannot be guaranteed.
8.2.   If you do not receive a Voucher which you have purchased using this Website then you should contact us immediately.
8.3.  We are not responsible for any failure in the delivery to you over the Internet of a Voucher which you have purchased using this Website.
8.4.  You are responsible for protecting the security of a Voucher which you have purchased using this Website.
8.5.  We are not responsible for any:

  • lost or stolen Voucher which you have purchased using this Website; or
  • unauthorised use of a Voucher which you have purchased using this Website.

 

9.  Redemption of Vouchers

9.1.  In order to redeem a Voucher for an Offer which you have purchased using this Website you must:

  • contact directly the Offer Provider from which you have purchased the Voucher; and
  • during the period of its validity present a legible print out of the Voucher to the Offer Provider.

9.2.  The Offer Provider from which you have purchased a Voucher is solely responsible for providing you with all of the services necessary to fulfil the Voucher.
9.3. We are not responsible for providing you with any services necessary to fulfil any Voucher which you have purchased.

 

10.  Transfer, replacement, extension, variation, cancellation and refund of Vouchers

10.1.  If you wish to transfer, replace, extend, vary, cancel or obtain a refund for a Voucher for an Offer which you have purchased using this Website then you must contact directly the Offer Provider from which you have purchased the Voucher.
10.2.  Where the Offer Provider from which you have purchased a Voucher for an Offer allows the transfer, replacement, extension, variation, cancellation or refund of the Voucher then it will be subject to any applicable terms and conditions of the Offer Provider.
10.3.  We are unable to transfer, replace, extend, vary, cancel or provide a refund for a Voucher for an Offer which you have purchased as this is the sole responsibility of the Offer Provider from which you have purchased the Offer.
10.4.  We are not responsible for any loss, damage, cost, charge or expense directly or indirectly arising out of, or in connection with, any failure or refusal by an Offer Provider to transfer, replace, extend, vary, cancel or provide a refund for a Voucher for an Offer which you have purchased from the Offer Provider.

 

11.  Intellectual property rights

11.1.  All intellectual property rights (including copyright and trade mark rights) and other rights in this Website and Material made available on this Website are owned or licensed by us.
11.2.  You agree that we will own all intellectual property rights in any suggestions, ideas, enhancement requests, feedback or recommendations that you provide to us in relation to this Website or any Material made available on this Website.
11.3.  You grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence (including the right to sub-licence) to use, copy, modify, display, distribute and communicate to the public any Material which you share or make available on this Website or otherwise make available to us for any purpose relating to this Website (excluding any suggestions, ideas, enhancement requests, feedback or recommendations that you provide to us in relation to this Website or any Material made available on this Website).

 

12.  Website links

12.1.  We make no warranties or representations of any kind whatsoever as to any information, documents, logos, graphics, images, photographs, videos or other material available on any external website linked to from this Website.
12.2.  You access and use any external website linked to from this Website at your own risk.
12.3.  Your use of any external website linked to from this Website is governed by its terms of use.
12.4.  You may link to this Website provided that the link accurately indicates that it is to this Website and we have not requested you to remove the link where we have determined in our sole discretion that it is misleading or otherwise inappropriate.
12.5.   If you do not immediately comply with a request by us to remove a link to this Website then you must indemnify us against any and all costs, charges or expenses (including, without limitation, legal costs on a full indemnity basis) that we incur in having any such link removed.

 

13.  Disclaimer

13.1.  You use this Website and the Material made available on this Website at your own risk on an “as is” and “as available basis”.
13.2.  We do not warrant that your use of this Website will be error-free or uninterrupted or that this Website will be free from viruses or other harmful code.
13.3.  To the full extent permitted by law, any condition, warranty or representation which would otherwise be implied (whether by any law or otherwise) in these Terms of Use is expressly excluded including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of any third party’s rights.
13.4.  Where any condition, warranty or representation is implied (whether by any law or otherwise) in these Terms of Use which cannot lawfully be excluded then our liability for any breach of such condition, warranty or representation will be limited, at our option, to providing the services again or otherwise to the full extent permitted by law.

 

14.  Exclusion of liability

14.1.  To the full extent permitted by law, we will have no liability (whether in contract, in tort, under statute or in any other way and whether due to negligence or any other cause) to you for or in respect of any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, consequential, special or indirect losses, damages, costs, charges, expenses or liabilities) directly or indirectly arising out of or in connection with this Website including, without limitation, any Material available on this Website or any Voucher for an Offer purchased using this Website.

 

15.  Indemnity

15.1.  To the full extent permitted by law you irrevocably and unconditionally agree to indemnify us from and against any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with:

  •        any breach by you of these Terms of Use;
  •        your use of this Website or any Voucher for an Offer purchased using this Website; or
  •        your infringement of the rights of any other user of this Website.

 

16.  Termination, suspension and restriction

16.1.  We may at any time terminate, suspend or restrict your access to, or use of, this Website without notice for any reason including, without limitation, if you breach these Terms of Use or infringe the rights of any other user of this Website.
16.2.  Any provision of these Terms of Use which is capable of having effect after termination of these Terms of Use will survive and remain in full force and effect following such termination.
16.3.  The termination of these Terms of Use for any reason does not extinguish or otherwise affect any of our accrued rights or remedies.

 

17.  Entire agreement and amendments

17.1.  These Terms of Use constitute the entire agreement between you and us in connection with their subject matter.
17.2.  We may in our sole discretion amend these Terms of Use at any time by publishing amended Terms of Use on this Website.
17.3.  By continuing to use this Website after amended Terms of Use have been published on it you will be deemed to have accepted and agreed to be bound by such amended Terms of Use.
17.4.  You should regularly review the most recent version of these Terms of Use available on this Website.

 

18.  Assignment and transfer

18.1.  We may at any time by notifying you assign or otherwise transfer our rights and obligations under these Terms of Use to a purchaser of all or part of this Website or our business and provide to the purchaser any or all Material which you have shared or made available on this Website or otherwise made available to us for the purposes of this Website including, without limitation, personal information.

 

19.  Waiver and severability

19.1.  Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy.
19.2.  If any provision of these Terms of Use is invalid or unenforceable then such provision will be severed without affecting the validity of the remaining provisions.

 

20.  Governing law and jurisdiction

20.1.  These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia.
20.2.  The courts of the State of Victoria, Australia will have exclusive jurisdiction in respect of any dispute arising out of, or in connection with, these Terms of Use.

 

These Terms of Use are effective as of 28 March 2014