Terms and Conditions

Terms and conditions for the use of this site

1.Introduction

Please read these terms and conditions carefully, they contain important information about the Customer's rights and obligations. These terms and conditions can be printed by clicking on the print icon on the browser.

1.1 Definitions:
"The Card" means the Livesmart 08 card issued by Livesmart subject to their terms and conditions;
"the Card Scheme" means the Livesmart's "08" card scheme under which the Card provides access to Venues and offers from Retailers/Partners as set out below;
"the Customer" means the individual registering with the Card Scheme;
"Livesmart" means Livesmart Limited, company number 4992246 and VAT number 844280918, whose registered office is situated at Drury House, 19 Water Street, Liverpool, L2 0RP;
"the Retailers/Partners" means the retailers/partners that participate in the Card Scheme; and
"the Venues" means those venues that provide various attractions under the Card Scheme (including both free attractions as well as attractions normally requiring an admission fee).

1.2 Please read these terms and conditions carefully before using the website operated by Livesmart. In particular, the Customer's attention is drawn to clauses 8 (Applicability of online materials) and 12 (Liability). By accessing and making use of the Livesmart website ("this website") the Customer agrees to be legally bound by these terms and conditions as they may be modified and posted on this website from time to time. These terms and conditions take effect from the date when the Customer first accesses this website.

1.3 If the Customer does not wish to be bound by these terms and conditions in full then he/she may not use this website

2. Nature of this Website

This website is a place for the Customer to obtain information about Livesmart and the products and services that it provides. Livesmart also provides online facilities for purchasing those goods and services. Please note that this website is available only to individuals that can form legally binding contracts under applicable law, including but not limited to age restrictions with regard to the purchase of alcohol or alcohol related products.

3. Purchasing Goods and Services from this Website

3.1 To register the Card in order to purchase goods or services now or in the future the Customer will need to follow the registering procedures set out on the "Register Your Card" page. For goods and/or services details of prices are set out on this website and procedures for payment and delivery are set out below.

3.2 The Customer must pay by credit or debit card at the time of the order. The price of the goods/service is the price in force at the date and time of the order. Livesmart tries to ensure that its prices displayed on this website are accurate but the price on the order will need to be validated by Livesmart as part of the acceptance procedure. Livesmart will inform the Customer if the price of the goods/service is higher than that stated in the Customer's order and the Customer may cancel the order and decide whether or not to purchase the goods/service at the correct price.

3.3 Livesmart is entitled to refuse any order placed by the Customer. If the order is accepted, Livesmart will confirm acceptance to the Customer by e-mail to the e-mail address that has been given by the Customer and the contract between the Customer and Livesmart is then formed. The goods/service will then be delivered to the postal address provided by the Customer or to an agreed collection point. For those goods/services offered by partners/retailers the contract shall be formed between the Customer and partner/retailer and Livesmart accepts no liability for loss associated with such a contract.

3.4 The Customer undertakes that all details provided to Livesmart for the purpose of registering the Card and purchasing goods/services will be correct, that the credit or debit card used is the Customer's own and that there are sufficient funds or credit facilities to cover the cost of the purchase. Livesmart reserves the right to obtain validation of the Customer's credit or debit card details before providing the goods or services.

4. Terms of use of the Card

4.1 The Card is non-transferable within the scheme and Livesmart will not offer any refunds or replacements in the event that the Card is either lost or stolen. For replacements the Customer should refer to the issuer's terms and conditions of issue, being Livesmart.

4.2 The Card will be activated at registration and will be valid for use at Venues and Retailers for the period of the offer and/or the specific contract entered into between Livesmart and the customer. Livesmart may rescind membership of the scheme at any time providing any specific contracts between the customer and Livesmart for goods and/or services have been fulfilled. A day is deemed to end at midnight. First use of the Card must be within 12 months of purchase.

4.3 The Card entitles the Customer to membership of the scheme in order to avail themselves of those offers of goods/services provided by the retailer/partner from time to time.

4.4 When there are multiple tickets or goods/services on one Card, these tickets, goods/services are subject to separate and individual contracts determined at the time of purchase.

4.5 By registering the Card, the Customer agrees to accept these terms and conditions and will ensure that all other persons included when accepting an offer of a good/service with the Card adhere to these terms and conditions as though such other persons were a party to these terms and conditions.

4.6 The 08 Card is available for UK residents ONLY.

5. The Venues and the Retailers

5.1 The Card allows the Customer to access the attractions at the Venues either for free or at a reduced rate. The Card also allows the Customer to access such offers and discounts as the Venues and the Retailers make available from time to time.

5.2 The Venues and the Retailers are legally required to offer free entry and/or special offers (as appropriate) under the Card Scheme. However, Livesmart shall not be responsible for any unlawful refusal by the Venues or the Retailers to do so.

5.3 Every effort has been made to ensure that all published details of offers and attractions provided by Venues and Retailers under the Card Scheme are kept up to date. However, Livesmart cannot guarantee the availability of an attraction or offer at the time the Card is used, and the Customer should check all relevant details with the Venue or the Retailer prior to using the Card.

5.4 Livesmart has tried to ensure that only professional reputable Venues and Retailers are included under the Card Scheme. However, Livesmart shall not be responsible for any inadequacies or failures in service, quality of merchandise or health and safety experienced with a Venue or Retailer.

5.5 The Customer visits and/or accepts an offer from the Venue or Retailer at his/her own risk and any complaints should be directed at the Venue or Retailer concerned.

6. Information provided by the Customer to Livesmart

6.1 The following applies to any information provided by the Customer to Livesmart:-
-The Customer authorises Livesmart to use, store or otherwise process any personal information which relates to and identifies the Customer, including but not limited to the Customer's name and address, to the extent reasonably necessary to provide the Card and related services which are available through this website by Livesmart, its partners, successors, associates, sub-contractors or other third parties (together the 'Partner Companies') and for marketing purposes of livesmart and Partner Companies subject always to the Privacy Policy.
-If the Customer sends personal correspondence such as e-mails or letters to Livesmart then Livesmart may collect this information into a file specific to the Customer (together, the various purposes set out in this paragraph and in the Privacy Policy shall be known as 'the Purposes'). All such information collected by Livesmart shall be referred to in these terms and conditions as 'Personal Information'.
-The Customer must ensure that the Personal Information provided is accurate and complete and that registration details (where applicable) contain the Customer's correct name, address and other requested details. For more information about how Livesmart deals with Customers' Personal Information, please read the Privacy Policy.
NB: See the Privacy Policy for details of the opt-in and opt-out procedures in relation to the use of Personal Information for marketing purposes.

6.2 By accepting these terms and conditions, the Customer agrees to the processing and disclosure of the Personal Information for the Purposes, subject to the Customer's right to change such usage as set out in the Privacy Policy. If the Customer would like to review or modify any part of his/her Personal Information then the Customer should either e-mail Livesmart at info@livesmart.biz or write to Livesmart at the address set out below.

6.3 The Customer warrants and undertakes that it will not use this website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If the Customer breaches these terms and conditions then permission to use this website terminates immediately without the necessity of any notice being given. Livesmart retains the right to deny access to any person who fails to comply with these terms and conditions.

7. Security

The Customer is solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification or other information relating to the Customer's order of the Card that may be given. The Customer may not share such information or transfer such information to any third parties. The Customer must notify Livesmart immediately if he/she becomes aware of any breach of security regarding this website.

8. Applicability of online materials

8.1 Unless otherwise specified all content and materials published on this website are presented solely for the Customer's private, personal and non-commercial use.

8.2 This website is controlled and operated by Livesmart from various offices in England, with the principal point of contact being Third Floor, Corn Exchange, Fenwick Street, Liverpool, L2 7QL, England. Where content published on this website is supplied by third parties, the Customer must understand that Livesmart does not control or endorse such content in any way. Any content which is offered by third parties is published in good faith but Livesmart does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. The Customer assumes total responsibility and risk for use of this website and use of all information contained within it.

8.3 Livesmart has used its best endeavours to ensure that this website complies with UK laws. However, Livesmart makes no representations that the materials on this website are appropriate or available for use in locations outside the UK. Those who visit this website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of this website and/or viewing of it, or use of any material or content in this website or services, or products offered through this website are contrary to or infringe any applicable law in the Customer's jurisdiction(s), the Customer is not authorised to view or use this website and must leave this website immediately.

9. Copyright and Monitoring

The contents of this website, including all rights vested in the Livesmart name and logo, are protected by international copyright laws and other intellectual property rights. The owner of these rights is Livesmart, its affiliates or other third party licensors or contributors including Partner Companies. All products and logos mentioned in this website are the trade marks, service marks or trading names of their respective owners, including Livesmart. The Customer may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without Livesmart's prior written consent, except where expressly invited to do so.

10. Linked sites

Livesmart makes no representations whatsoever about any other websites which the Customer may access through this website or which may link to this website. When accessing any other website the Customer understands that it is independent from Livesmart that has no control over the content or availability of that other website. In addition, a link to any other website does not mean that Livesmart endorses or accepts any responsibility for the content, or the use of, such a website and Livesmart shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11. Availability of this website

Livesmart will try to make this website available but cannot guarantee that this website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. The Customer must not attempt to interfere with the proper working of this website and, in particular, must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

12. Liability

12.1 Livesmart promises that for any Card registered by the Customer from this website:-
Livesmart has the right to register the Card for the Customer to the scheme as described.
Livesmart excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Card, this website or any information or service provided through this website.
Livesmart will do its best to ensure that all materials and information published on this website are accurate, but please note that all content materials and information on this website are provided on an 'as is' basis and the Customer assumes total responsibility and risk for use of this website and use of all information contained within it.

12.2 Subject to clause 12.3, Livesmart accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where the Customer suffers loss or damage arising out of or in connection with the viewing, use of, performance of this website or its contents, subject to clause

12.3, Livesmart accepts no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Livesmart or its servants, agents or any other person or entity.

12.3 Any limitation on liability does not apply to any liability Livesmart may have for death or personal injury resulting from its negligence or for fraudulent misrepresentation.

12.4 The Customer is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use this website and is compatible with this website. The Customer also understand that Livesmart cannot and does not guarantee or warrant that any material available for downloading from this website will be free from infection, viruses and/or other code that has contaminating or destructive properties. The Customer is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy his/her particular requirements for the accuracy of data input and output.

12.5 The limitations and exclusions in this clause do not affect the Customer's non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. General

13.1 Livesmart may assign, transfer or subcontract any or all of its rights and obligations under these terms and conditions at any time.

13.2 Livesmart may alter these terms and conditions from time to time and post the new version on this website, following which all use of this website will be governed by that version. The Customer must check the terms and conditions on the website regularly. Livesmart does not need to give notice of any change to these terms and conditions and the Customer's continued use of this website shall be deemed to be acceptance of any changes that have been made.

13.3 These terms and conditions together with the Privacy Policy, are the whole agreement between Livesmart and the Customer. The Customer acknowledges that it has not entered into this agreement in reliance upon any statement, warranty or representation made by Livesmart or any other person and irrevocably and unconditionally waives any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions and the Privacy Policy.

13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

13.5 These terms and conditions and use of this website are governed by English law.

13.6 Except in respect of a payment obligation, neither the Customer nor Livesmart will be held liable for any failure to perform any obligation to the other due to causes beyond the Customer or Livesmart's respective reasonable control.

13.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

13.8 These terms and conditions do not confer any rights on any person or party (other than the Customer and/or Livesmart) pursuant to the Contracts (Rights of Third Parties) Act 1999.

14. Notices

14.1 All notices shall be given:
-to Livesmart via e-mail at 08card@livesmart.biz or by post to Third Floor, Corn Exchange, Fenwick Street, Liverpool, L2 7QL, England; or
-to the Customer at either the e-mail or postal address provided during the registration process.

14.2 All notices shall, except where otherwise specifically provided, be in writing in the English language and may be:
-sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt);
-if within the United Kingdom, sent by first class pre paid post, in which case it shall be deemed to have been given 3 days after the date of posting; or
-if from or to any place outside the United Kingdom, sent by pre paid priority airmail, in which case it shall be deemed to have been given seven Business Days after the date of posting.

15. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of this website.