General Terms of Service

Document Version: 3.1
Effective Date: 14 March 2021

1. General

2. The Services

3.User Account

6
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.
7
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.
8
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.
9
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.
10
You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. In your use of the Services, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to us, Merchants, NPOs or any other party.
11
You are responsible for the use and safety of your Account. You are liable for all transactions made through your Account, except to the extent to which there has been fraud or negligence by us.
12
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.

4. Transactions with Merchants

1
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.
2
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.
3
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.
4
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.

5. Fees and Charges

1
The Services are provided to users (excluding Merchants) free of any fees or charges.
2
For every successful transaction processed by a Merchant using the Services, the Merchant will pay to Liven a fee at the rate agreed between the Merchant and Liven.

6. Payment

1
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;
a
you to provide at least one valid payment method;
b
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
c
push notifications to your device to be enabled so you can receive confirmation of your payment in real time.
2
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.
3
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.
4
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.

7. Accumulating Liven Coin

1
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,
2
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 regarding any purchase that is not properly recorded, tracked, and/or deemed approved by us.
3
In addition to earning Liven Coin by purchasing goods and services from our Merchants, you may also be able to purchase a limited amount of Liven Coin to be used for future purchases, from time to time. These purchases of Liven Coin are non-refundable and  We reserve the right to restrict or prohibit you from purchasing any Liven Coin for any reason.

8. Using Liven Coin

1
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.
2
Liven Coins may not be redeemed for cash, bartered or sold.
3
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.
4
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.
5
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.
6
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.
a
purchased through the top-up feature;
b
transferred out of your Account;
c
redeemed and used to pay for goods or services from our Merchants; or
d
donated to our affiliated NPOs.
7
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.

9. Cancellation of Loyalty Reward Program

1
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 (but not purchased by you under clause 7(3)) 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.
2
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..

10. Lost or stolen Liven Coin

1
Lost or stolen Liven Coin will not be replaced or refunded. The bearer of the Liven Coin will be taken to be the owner of the Liven Coin.

11. Promotions

1.
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 (i.e. Friend's referral promo), a new user is defined as a person who registers, enters the Promo Code using the Services, and makes their first purchase.
2.
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.
3.
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.
4.
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..
5.
You agree that Promo Codes:
a.
must be used for the intended audience and purpose, and in a lawful manner;
b.
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;
c.
may be disabled by us at any time for any reason without liability to us;
d.
may only be used under the specific terms applicable to such Promo Code;
e.
are not redeemable for cash; and
f
must be used before their expiry date.
6.
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 if 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.
7.
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.

12. Inactive Account and Expiration of Liven

1.
Per clause 3(1), you must maintain an active Account. If you have not logged into your Account for a continuous period of at least 18 months, your Account will be deemed inactive and may accordingly be deleted or suspended unless otherwise prohibited by applicable law.
2.
If your Account becomes inactive, any and all rewards (whether LVN or other similar rewards), promotions, specials, vouchers, bonuses and any other benefits will be considered expired and removed from your Account permanently.
3.
6 months before your Account becomes inactive, we will send you a reminder via in-app messages, via email and by SMS to your mobile to log into your Account to keep it Active.
4.
We will send another final reminder 3 months before the scheduled deactivation, notifying you of the pending deactivation and the consequences of such deactivation.

13. Visitor Material

1.
Other than information about an identifiable individual covered under our Privacy Policy, any material you post, transmit or upload to the Service (including without limitation, reviews) (Visitor Material) is non-confidential and non-proprietary.
2.
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.
3.
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..
4.
By posting, uploading or transmitting any Visitor Material, you represent and warrant that any Visitor Material does not and will not::
a.
breach any applicable law;
b.
contain any viruses or any other harmful program;
c.
contain any defamatory, obscene or offensive material;
d.
promote violence or discrimination;
e.
infringe the intellectual property rights of another person;
f.
breach any legal duty owed to a third party (such as a duty of confidence);
g.
promote illegal activity or breach the privacy of any other person;
h.
be threatening, abuse or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;
i.
give the impression that the Visitor Material originates from us;
j.
be used to impersonate another person or to misrepresent your affiliation with another person; or
k.
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.
5.
The prohibited acts set out in clause 13.4 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.
6.
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.
7.
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.

14. Tax Matters

1.
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.
2.
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.
3.
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.
4.
It is your responsibility to seek a tax expert's advice to determine the tax consequences of your use of the Services and Liven Coins earned or redeemed.
5.
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.

15. Notice regarding Apple

1.
To the extent that you are using or accessing our App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the App and any content available on the App.
2.
Apple has no obligation to furnish you with any maintenance and support services with respect to our App.
3.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility
4.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
a.
product liability claims;
b.
any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
c.
claims arising under consumer protection or similar legislation.
5.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
6.
You agree to comply with any applicable third-party terms when using our mobile application.
7.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
8.
You hereby represent and warrant that:
a.
you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
b.
you are not listed on any U.S. Government list of prohibited or restricted parties.

16. Warranties and Disclaimer

1.
We accept no liability for any aspect of the User and Merchant interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods.
2.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).
3.
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
4.
The goods and services provided by a Merchant might also confer you certain Statutory Rights.
5.
The Services are provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
a.
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;
b.
before 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
c.
at no time before accepting these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
5.
We do not warrant:
a.
that your access to the Services will be free from interruptions, errors or viruses;
b.
the accuracy, adequacy or completeness of information on the Services (nor do we undertake to keep the Services updated)

17. Limitation of Liability

1.
Despite anything to the contrary, to the maximum extent permitted by law:
a.
our maximum aggregate Liability arising from or in connection with these Terms (including the Services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the liability, or $1 if no such fees have been paid; and
b.
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
c.
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2.
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:
a.
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);
b.
the Services being interrupted or unavailable;
c.
errors or omissions from the Services
d.
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;
e.
your use of or reliance on information contained on or accessed through the Services, which may be incorrect, incomplete, inadequate or outdated;
f.
goods or services supplied pursuant to or in any way connected with the Services;
g.
unauthorised access to or use of our servers and/or any information stored on them; or
h.
any failure or omission on our part to comply with our obligations as set out in these Terms.
3.
We do not accept responsibility for any inaccuracies or errors in any information about or advertisements regarding goods and services displayed on the Services 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.
4.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered by us arising from or in connection with your use of our Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
5.
This clause will survive the termination or expiry of these Terms.

19. Trade Marks

1.
Except where otherwise specified, any word or device with ™ or ® symbol is a registered trade mark of ours or of our Merchants or affiliated NPOs.
2.
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:
a.
in or combined with the whole or part of your own trade marks;
b.
in connection with activities, products or services which are not ours;
c.
in a manner which may be confusing, misleading or deceptive; or
d.
in a manner that disparages us or our information, products or services (including the Services).

21. Privacy Policy

1.
We undertake to comply with the terms of our Privacy Policy which is available on the Website.
2.
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.

22. Security of Information

1.
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.
2.
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.

23. Service Access

1.
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.

24. Communications

1.
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.

25. Proper Use

1.
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.
2.
You must not
a.
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;
b.
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;
c.
create internet links to the Services, or “mirror” the Services on any other server or wireless or internet-based device;
d.
build a product using similar ideas, features, functions or graphics or copy any such materials contained in the Services;
e.
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;
f.
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
g.
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.

26. Termination

1.
We may terminate your Account in our sole and absolute discretion without notice to you, including if:
a.
we suspect you have breached these Terms or any applicable law;
b.
we believe that there has been a security breach or unauthorised use of your Account;
c.
we reasonably suspect you have committed fraud;
d.
if required by applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanctions laws);
e.
if directed to do so by your credit card or debit card provider (for example, in circumstances of suspected fraud);
f.
we determine that your conduct impacts on our name or reputation or violates our rights or those of another party; or
g.
you do not use the Services for an extended period of time.
2.
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.
3.
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.

27. Severability

1.
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.

28. Governing Law1

1.
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.