The Website Terms of Use below (Terms of Use) and  the Standard Terms & Conditions of Sale (Standard T&Cs) together comprise the terms and conditions (Terms) on which Livska Pty Ltd ABN 19 644 927 186 (Livska, we, it, our or us) provides access to use its Website and provides the products and services contemplated by the Website.

Your agreement to our Terms

The Website at www.livska.com.au (Website) is owned by Livska.

Your use of our Website is subject to these Terms of Use and by accessing, browsing or using the Website, you accept these Terms of Use. If you purchase any goods or services from us via our Website, your purchase is subject to both the Terms of Use and our Standard T&Cs.

If you do not accept the Terms, you must not visit or use the Website or purchase any goods or services from us.

In these Terms, unless the contrary intention appears:

•  you, user, registered customer or guest means anyone who visits and/or uses this Website or orders goods or services;
• customer means any person or entity who orders goods or services whether for themselves or on behalf of another person; and
• a reference to a third party includes a reference to any agent, contractor, or goods or services provider of Livska and any person engaged by any of them, in the creation, provision or maintenance of the Website or in the fulfilment of the sale of any goods or provision of any services made through or in connection with or contemplated by the Website and includes any of them.

Guests and Registered Customers

You may access and browse our Website as a guest however you will be required to register as a customer before you will be able to order products using our online Shop. You must be eighteen (18) years of age or over to register as a customer.

Registered customers will be included on our email list and be entitled to receive direct details of any upcoming special offers and new products or services.

To make a request to become a registered customer you must provide your name and address, telephone number and a valid email address. You are responsible for providing accurate and complete details and for keeping these details up to date. You are solely responsible for the use of your registration including any use of your details to order products through our online Shop, and to protect and maintain the security of your login details.

We reserve the right to terminate the registration of a user without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached our Terms or that any unauthorised person has accessed your account.

You may also request to be deleted from our list of registered customers at any time by emailing us at customer.support@livska.com.au.

All articles, information and content published on this Website must be used subject to these Terms.

Photographs and images of goods published in this Website are provided for illustrative purposes only and unless specifically stated are not offered for sale online.

Livska may at any time add or remove content from this Website without notice.

Although Livska uses its best endeavours to confirm the accuracy and maintain the currency of any information published on this Website, you agree that Livska will not be responsible for inaccuracies or errors caused by incorrect information supplied by Livska or by manufacturers or suppliers changing product specifications without notice to Livska. You agree to make your own enquiries to verify information provided and to assess the suitability of products and services before you purchase them.

The information, materials and services in this Website are provided as a recommendation and for general information purposes only. It is not legal or other professional advice nor is it specialised or individualised design advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service provided and to take appropriate independent advice rely on your own investigations and conclusions before acting or relying on any of it to ensure that it meets your requirements and purposes or those of your clients. You may report any error or omission in any information, material or service, via email to customer.support@livska.com.au.

Neither Livska nor any third party will be liable to any person for any errors in content, or for any actions you take in reliance on them on your own behalf or on behalf of a client. You nor any other person may hold Livska liable for any delays, inaccuracies, errors or omissions and any lack of suitability or fitness for purpose in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them. 

Livska may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk and. Livska does not accept any responsibility in connection with them.

Your Use of the Website

As electronic Websites are subject to interruption or breakdown, access to this Website and each part of it, including our online Shop, are offered on an “as is” and “as available” basis only. Livska does not guarantee that the Website or any part of it will operate without interruption or be secure, timely or error free.

You agree to use our Website and each relevant part of it only for purposes that are permitted by these Terms, applicable laws and regulations and/or generally accepted practices or guidelines.

You agree that you will not engage in any activity that interferes with or disrupts this Website or the servers and networks that host this Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this Website or the content.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Livska may stop (temporarily or permanently) providing access to the Website to you, or to guests generally, at its discretion and without prior notice. Livska may also in its sole discretion restrict your access to this Website or any part of it. Livska will not be liable to you or any third party for doing soLivska may impose limits or restrictions on the use you may make of the Website. In addition, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, Livska may withdraw this Website, or change or remove Website functionality, without liability at any time without notice to you.

If your access is terminated or restricted, all disclaimers and limitations of liability set out in these Terms of Use will survive.  

Intellectual Property Rights

The Livska logo is a trade mark of Livska and this Website incorporates its company name and branding and other intellectual property rights of Livska. Livska also owns all right, title and intellectual property rights subsisting in our Website.

Our Website also includes trade marks and other intellectual property rights of third party suppliers, which Livska is entitled to use under licence.

You acknowledge that all intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, video and sound recordings and all software relating to and comprised in this Website, are owned by Livska or a third party, and that these remain the property of their respective owners and must not be used in any manner which is not consistent with the rights (if any) granted under these Terms of Use and without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them except as may be granted under these Terms.

You may view our Website and its contents for personal and non-commercial use only and, subject to the Australian Copyright Act 1968 (Cth) and similar applicable legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without the prior written consent of Livska or, in the case of third party material, from the owner of the copyright in that material.

You may not modify or copy the layout or appearance of this Website nor any computer software or code contained in this Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this Website.

Links to Other Websites

The Website may feature or contain third party content and inks to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Livska’s control and Livska is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. Livska provides these links to you for convenience only and by featuring or displaying such content or links, Livska does not in any way represent that Livska recommends or endorses the relevant third party, its products or services.

You access linked websites at your own risk. Subject to any statutory rights you may have, Livska disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked Websites. You should carefully review the terms of use and privacy policies of all other party’s Websites that you visit.

Livska reserves the right to prevent third parties from linking to the Website.

Secure Data and Transmissions

Given the nature of the internet, Livska cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Livska does not warrant that your access to the Website will be uninterrupted, error free or that any defects will be corrected.

Whilst Livska and its third parties service providers take precautions to protect information, Livska does not warrant and cannot ensure the security of any content or information you transmit via the Website. You therefore transmit with the Website at your own risk. However, once Livska or its third-party service providers receives your transmission, Livska and its relevant third parties will take reasonable steps to preserve its security.

You must take your own precautions to ensure that the process which you use to access our Website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Livska nor its third-party service providers will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked Website.

If you become aware of any problems with the security of our Website, please immediately contact us at customer.support@livska.com.au.

Cookies

Cookies may be used on this Website to gather data in relation to this Website and you consent to this (although you may be able to disable cookies on your web browser).

Use of Your Information and Material

Livska appreciates any suggestions you may have regarding ways in which our Website may be improved or materials which may be added to the Website. Any suggestions that you submit will not be regarded as confidential and will become the property of Livska without Livska having any obligation to compensate you.

If you correspond or otherwise communicate with Livska, you automatically grant to Livska an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, reproduce, copy, modify and adapt, display and distribute, disclose and publish the content of your communication and to prepare derivative works of the content or incorporate the content into other works to publish and promote such content. This may include, but is not limited to, publishing testimonials on this Website and developing your ideas and suggestions for improved products.

Privacy policy and personal information

The privacy of your personal information is important to Livska. Livska’s Privacy Policy forms part of these Terms and is available on this Website. Our Privacy Policy explains how your personal information is collected and managed in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

It is important that you read our Privacy Policy because by providing us with your personal information and using the Website you are confirming your agreement to us using and disclosing your personal information in accordance with our Privacy Policy and procedures and giving your consent to the collection, storage, use and disclosure of your personal information for the purposes and to the parties outlined in this Privacy Policy.

Livska and its third parties may collect personal information from you in a number of circumstances when you use our Website, including when you register as a customer on our Website, contact us via our Website or place an order for goods or services using our online Shop. Your personal information is not collected if you only browse the Website. 

Livska and its authorised third parties may use your personal information for the purposes (primary and related) for which you give it to them and for their own internal purposes. You agree that Livska and/or its third parties may use your email address to confirm any order you place via our Website and to provide you information about the products and services sold to you or that Livska thinks may be of interest to you.

For further details please review the Privacy Policy on this Website.
If you have any questions, please contact us on privacy.officer@livska.com.au or on (+61) 02 9221 0859.

Disclaimer and Limitation of Liability

The use of this Website and the information and other content and outputs contained in or accessed via the Website is at your own risk. To the maximum extent permitted by law, Livska disclaims any representations or warranties of any kind, express or implied in relation to:

• the completeness, accuracy, merchantability or fitness for purpose of this Website and the information, content, materials, outputs and products included on this Website or accessed via this Website; and
• the availability, functionality or performance of the Website or any part of it.

To the maximum extent permitted by law, Livska does not accept responsibility for and excludes all liability in respect of any injury, loss or damage of any kind, howsoever caused (including through negligence or matters outside their control), which you or anyone else may directly or indirectly suffer in connection with this Website or the use, or inability to use, this Website or provided through this Website through email or links to other website.

This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, Livska limits its liability to the re-supply of the relevant information or services.

You agree to indemnify Livska and its directors, officers, employees and agents and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any breach of our Terms, any information that you provide via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark and other intellectual property rights infringement.

These provisions are not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth) including under the Australian Consumer Law.

Governing Law and Jurisdiction

These Terms of Use are governed by and are to be interpreted in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.

If you access this Website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent they apply. Livska makes no representations that the content of this Website complies with the laws of any country outside Australia.

General

Our Terms may be amended at any time without notice by the posting of an updated version of the Terms on our Website.  Your continued use of this Website following any amendment of our Terms will represent an agreement by you to be bound by the Terms as amended.

We recommend you review the Terms for amendments each time you use the Website and before placing any order with us.  Our Terms specify the version number and date which may assist you in identifying if any amendments have been made since you last used our Website.

Should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or our third-party representative if your email address is included on Livska’s mailing list.

[Version: March 2024]