Welcome to our terms….our Live Terms!

At Live Terms we take our terms seriously…. serious! We also take our service to you seriously and to ensure we are delivering excellence we have a few terms to help us along. This will ensure we always provide you with great quality and innovative services at ridiculously good prices!

By using our (“Services”) provided by (“Us”) [Live Terms Pty Ltd] through our (“Website”) you the (“Customer”) unconditionally and irrevocably agreed to and are bound by these Live Terms (“Live Terms”). We may from time to time update our Live Terms and your continued use of these Services is taken as acceptance of the updated Live Terms and all legislation and applicable current laws. We may also present to you other Live Terms and policies whilst using these Services and continued use of taken as acceptance of the additional Live Terms.

Definition of our terms:

Customer: refers to “you” , “your” and any person who has access to the Service either as a guest or through an account.

Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including patents); (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) circuit layouts; (f) confidential information; and (g) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;

Live Terms: “terms and conditions” , “T&C’s” , “Privacy Policy” and all Live Terms relating to the “Services.”

Live Terms Pty Ltd: means Live Terms Pty Ltd and the terms “we” , “us” , “our” which is the party providing the “Website” and “Services” to the “Customer” and “User.”

Services: all “Services” and “Online Services” we provide our “Customers” and “Users.”

Website: “website” , “site” , “apps” and all websites used in relation to the “Services.”

Use of our Services and you

You will be proving personal information as a Customer. By using this Website, you agree to the Live Terms herein. 

You acknowledge that we may edit or delete your registration or account if it does not adhere to the Live Terms. You may also be accessing our Services through a third party in which case you are bound by these Live Terms as if you were a direct user. Further terms and conditions provided by your third party may also apply and should be considered when using this Service.

As part of these Services we may record and use part of your personal information and registration information to provide a high standard of Service. For more information please refer to our Privacy Policy.

Eligibility and Registration

To be eligible for registration and use of the Website and Services you must:

  • be at least eighteen (18) years of age;
  • only register for the Website and Services for the intended purpose of these Services; and
  • only register for the Website and Services legally pursuant to your state or country.

Your Registration and Login

Customers can log in to the Website and Services via:

  • Live Terms Account

Live Terms provides this Service for a fee to the Customer.  

Live Terms Responsibilities

It is our responsibility to provide the Website and Services in good working order for the purposes of Customer purchases. We cannot take any responsibility for any loss, damage or consequential losses arising from using these Services. We will aim to provide the Website and Services compatible with most browsers, interfaces and website themes. However this may not always be possible on every device and every version.

Your Customer Responsibilities

We will aim to provide the Website and Services as accurately and up to date as possible. By using these Services you the Customer irrevocably and unconditionally agree to not act in a way that may constitute:

  • Illegal activities;
  • Breach of any applicable laws;
  • Violation of these Live Terms;
  • Accessing the Services via systems automation such as spambots or similar;
  • Any such spam activities;
  • Registering multiple accounts per one Customer;
  • Using the Website in a way that could cause harm to others;
  • Posting hateful, threatening or violent reviews; and
  • Hacking or accessing the Website other than methods listed in these Live Terms.

We reserve the right to suspend or terminate this agreement at our sole discretion if these Live Terms are violated.

Confidential Information

You may be given a unique username and password to access the Website under your login. It is your responsibility only to ensure these details are kept confidential, safe and secure. No further personal information is recorded on the Website as specific task and arrangement details occur between us and you. These details may include registration information and personal information. For more info on information storage see “Privacy Policy” on our Website.

Geographical Restrictions

At this stage this website is intended for use by individuals and companies in Australia including all states and territories.

Limitations of Use

We are under no obligation to guarantee the Services under these Live Terms except as required by law. You agree to follow the Live Terms within this agreement.

Third Party rights

The Website may contain hyperlinks, banner ads and content directing Customers to other sites other than this Website. This content is only provided as additional to the Services and as such does not imply a relationship, affiliation or sponsorship to a third party. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.

Intellectual Property

We retain the ownership of all Intellectual Property rights in and to the Services or Website. You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these Live Terms transfer the Intellectual Property Rights to the Services or Website. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website or Services for Customer purposes in line with the Copyright Act 1968 (AUS). You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Services.

 

Intellectual Property of Third Parties

Banner ads, click ads and other promotional material used in these Services may belong to third parties. As such these Live Terms and use of these Services do not grant you license or right to use such content. It does not imply an intellectual property rights to you. If you see a breach of intellectual property you can report it to us at info@liveterms.com.au.

 

Prices and Services

 

Prices displayed on our Website may be updated from time to time. However at point of sale the price is fixed and will be delivered according to the terms agreed to at that point in time. Point of sale is determined when an order is processed and a receipt email notice is sent. All orders are immediately actioned at this point of sale. If there is an anomaly in pricing on the Website we will contact you and give you the option to accept the correct price or cancel the order pursuant to these Live Terms.

 

If you are accessing our Services via a third party the prices and availability may differ. Please assess these prices and availability along with any relevant terms and conditions when considering the Services.

 

Mutual No Exclusivity

These Live Terms do not create an exclusive relationship between the parties. We are free to engage other Customers and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Services of others.  

Changes and Variations

We may change, suspend or discontinue any part of the Services at any time at our sole discretion and without any liability to you. We may revise, change or modify these Live Terms at any time by making updated Live Terms available through the Website. Continued use of the Services will be deemed acceptance of the updated Live Terms.   

Termination and Breach of Live Terms

We reserve the right to decline, suspend or terminate your Customer registration and use of the Services, or cease the Services in its entirety, at any time for any reason, including for a breach of these Live Terms by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the Services, as determined by us.

Where we terminate your Customer registration and use or a part of the Service for a breach of these Live Terms by you, we will have no liability to you. Where we terminate your Customer registration for our own business reasons, we will refund you any costs and fees which have not yet been received. To the extent permitted by law, you will not otherwise be entitled to a refund of any costs and fees.

Liability of Subscription Services

You must not use the Website for any purpose not permitted or contemplated by these Live Terms (or otherwise not authorised by us), or which is unlawful.

To the extent permitted by law:

  • you are responsible for your access to and use of the Website, including for other people’s use of the Website using your username, password and/or answers to security questions (with or without your permission) not limited to products and Services;
  • we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the Website; and
  • any guarantee, warranty, term or condition is implied or imposed into these Live Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services or subscription, or the payment of the cost of re-supplying the Services or subscription pursuant only to our Live Terms.

Complaints and Disputes

If you have any concerns or complaints regarding the Services, please report it to info@liveterms.com.au. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in your State or Territory. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

Privacy

We will comply with applicable privacy and health legislation in the relevant jurisdiction. Our Privacy Policy explains how we may use and disclose that information. In particular, we will use your personal information for the purposes of supplying the Services and the other purposes set out in the statement. A copy of the Privacy Policy is available at liveterms.com.au.

 

Release and Indemnity

In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Website and Services: 

I release Live Terms Pty Ltd from all claims which I have, now or later against Live Terms Pty Ltd whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:

  • negligence;
  • breach of contract;
  • breach of statutory duty; or
  • otherwise;

suffered as a result of or in connection with my using the Website and Services.

I indemnify and will at all times in the future indemnify Live Terms Pty Ltd against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Website and Services.

Disclaimer

We will provide the Website or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Website or Services will be provided without fault or disruption.  

To the fullest extent permitted at law and except as expressed to the contrary these Live Terms, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website or Services including, but not limited to, loss or damage you might suffer as a result of:

  • incorrect product listing information from other merchants;
  • errors, mistakes or inaccuracies on our Services and Website;
  • any unauthorised access to or use of our secure servers;
  • any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;
  • you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;
  • personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;
  • any limitations stated in these Live Terms;
  • any interruption or cessation of transmission to or from our Services and Website; and/or
  • failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.

Except if and to the extent only required by law or as otherwise set out in these Live Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the Website or Services or any linked website or featured in any banner or other advertising.  We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

Where any law implies a warranty into these Live Terms which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is liveterms.com.au with no characters before or after.

It is important that you determine prior to purchase, whether a Service is suitable for you.

General

Entire agreement: These Live Terms comprise the entire agreement between you and us in relation to your access to and use of the Website and Services.

Applicable law: The provision of the Services and these Live Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Live Terms, are governed by the laws of Western Australia, and we and you each submit to the exclusive jurisdiction of those courts.

Severability: If any of these Live Terms are invalid, unenforceable or illegal, the remaining Live Terms will continue to apply.

Assignment: You must not assign or novate these Live Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Live Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.

Waiver: No waiver of a right or remedy under these Live Terms is effective unless it is in writing and signed by the party granting it.