Our Rare By Livkin Website does contain legal information you as a visitor must be made aware of. This is important; we hope you will take time to read it carefully.
Terms and Conditions
TABLE OF CONTENTS
This site may contain legal information, some of which may have been written by lawyers; however, this content DOES NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE RELIED UPON FOR THAT PURPOSE. The laws vary from state to state and from country to country. The facts of every situation are different. If you have legal questions, you should consult a lawyer. Under no circumstances does Livkin Pty Ltd accept any liability of any kind for your use of or reliance upon information contained in this Website.
Certain legislation in Australia may provide consumer guarantees or impose obligations on Livkin Pty Ltd which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including without limitation the Australian Consumer Law.
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 as amended from time to time.
Contract means a contract for sale by Livkin to the Customer of the Products and/or services incorporating these Terms and Conditions.
Consumer Contract means a contract for the acquisition of goods or services as a 'consumer' as that term is defined in section 3 of the Australian Consumer Law.
Customer means the person or legal entity identified in Livkin’sInvoice.
Livkin means Livkin Pty Ltd.
Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by Livkin.
Place of Delivery means the place designated by the Customer and agreed to by Livkin for delivery of Product.
Price means the price as per Livkin Order Confirmation.
Products means the products as described in the Order Confirmation and may include Livkin-branded products, and third party products.
Small Business Contract means a small business contract as defined in section 23 of the Australian Consumer Law.
Standard Warranty means the warranty protection that comes standard with purchases from Livkin, as set out in clause VII of these Terms and Conditions.
Third Party Products means products other than Livkin-branded.
TERMS AND CONDITIONS OF USE FOR THE LIVKIN Website
We permit access to and use of this Website (the "Livkin Site") subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY BECAUSE USE OF THIS Site CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS Site. These terms and conditions are effective as of: August 25th, 2017. Livkin ("Livkin Pty Ltd") reserves the right to change these terms at any time, so you should check these terms periodically to see whether they have changed. If you use this Website after we post changes to the terms, you accept the changed terms.
I. Your Permission to Use The Livkin Site
Subject to these terms and conditions, you may view the Livkin Site and the artwork, text, video, audio, images, software and data compilations (the "Content") on the Livkin Site. To the extent permitted by the Livkin Site, you may download and make limited printouts of the Content of the Livkin Site only for your personal use. You must include any copyright notice originally included with the Content in all printouts and copies that you make of the Content.
Your permission is limited in a number of ways. You may not use the Livkin Site or any of its Content for any commercial purpose. You may not redistribute, retransmit, publish or republish any Content without written permission from Livkin or our licensors. Other restrictions are described in Section III below and elsewhere in these terms and conditions. Your permission to use and access the Livkin Site will terminate immediately, without any further action by Livkin, if you violate any of these terms or conditions.
II. Intellectual Property Rights in The Livkin Site and Its Content
All Content included on the Livkin Site is the property of Livkin or its licensors and is protected by Australian and International Copyright Laws. The compilation of all Content on the Livkin Site is the exclusive property of Livkin. You may not modify or use the Content for any other purpose without the written permission of Livkin.
The trademarks Livkin™ and the logos and other proprietary marks of Livkin or its affiliated companies, licensors and partners are trademarks of Livkin or its affiliated companies, licensors and partners. This Agreement does not grant you any right, title or interest in those marks.
You may not try to gain unauthorised access to any portion of the Livkin Site, or any other systems or networks connected to it, or to any Livkin server, or to any of the services offered on or through the Livkin Site, by circumventing the Livkin Site's access control measures, either by hacking, password "mining" or any other means.
You may not probe, scan or test the vulnerability of the Livkin Site or any network connected to the Livkin Site, nor breach the security or authentication measures on the Livkin Site or any network connected to the Livkin Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Livkin Site, or any other customer of Livkin, including any Livkin account other than your own, or exploit the Livkin Site or any service or information made available or offered by or through the Livkin Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Livkin Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Livkin Site or any transaction being conducted on the Livkin Site, or with any other person's use of the Livkin Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Livkin Site or Livkin's systems or networks, or any systems or networks connected to the Livkin Site or to Livkin.
IV. Limited Linking License for Other Sites and Other Uses
Commercial and other Websites may include a link to Livkin's Website (www.livkin.com), so long as any such link satisfies all six (6) of the following requirements:
- Resolves to Livkin's homepage at www.livkin.com.
- Indicates clearly that the link will lead to the Website of "Livkin".
- Does not falsely represent or suggest any relationship between the linking Site and Livkin (including suggestions of affiliation, endorsement, or sponsorship).
- Delivers Livkin's content outside of a framed or in-line linked environment.
- Maintains the integrity of Livkin's layout, content, and look and feel.
- Delivers users to the Livkin Website, unaltered, unmodified, unadulterated in any way by the linking Site.
This limited license does not allow the framing of Livkin's content in any way, including but not limited to referencing "Livkin" as a metatag, that may create confusion among users with respect to sponsorship or affiliation.
- Livkin will deliver the Products to the Place of Delivery.
- For the efficiency of Livkin's production and fulfilment procedures, it may be necessary for Livkin to deliver the Products by instalments in any sequence. Except as provided in point 4, the Customer may not cancel the Contract where Products are delivered by instalments.
- Any dates provided by Livkin for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer's location and availability of parts for the Products. For non Consumer Contracts and non Small Business Contracts, Livkin will not be liable for any delay in delivery of the products and/or services, howsoever caused and for Consumer Contacts and Small Business Contracts Livkin will not be liable for any delay in delivery of the Products and/or services which is outside of Livkin’s control.
- Customer may cancel an order for Products purchased under a Consumer Contract or a Small Business Contract if Livkin is unable to deliver the Products within a reasonable period from the estimated delivery date.
- Livkin has a policy of on-going Product update and revision. As a result, Livkin may revise and/or discontinue Products at any time without notice.
VI. ACCEPTANCE OF PRODUCTS
- Unless the Customer notifies Livkin to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products will be deemed to have been accepted by the Customer. The Customer will not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Livkin.
- New Livkin-branded Products (excluding Livkin co-branded products) purchased under these Terms and Conditions directly from Livkin by Customer may be returned by the Customer up to 15 days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with Livkin's Returns and Refund for Change of Mind Policy in effect in Australia at the date of the invoice.
VII. Disclaimer of Warranties
NOTHING IN THIS CLASUE V AFFECTS A CONSUMER’S RIGHTS UNDER THE AUSTRALIA CONSUMER LAW IF APPLICABLE. THE LIVKIN SITE AND THE MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. LIVKIN EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Livkin will have absolutely no liability in connection with the Livkin Site and its contents including without limitation, any liability for damage to your computer hardware, data, information or business resulting from the Content, services and information available on the Livkin Site. Without limiting the generality of the foregoing, Livkin will have no liability for:
- Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering the Livkin Site or its Content, services and information;
- Any errors, omissions or inaccuracies in the Content, services, information on the Livkin Site regardless of how caused or delays or interruptions in delivery of such Content, services and information; or
- Any decision made or action taken or not taken in reliance upon the Content, services and information on the Livkin Site.
Livkin makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. Livkin makes no warranty, representation or guarantee that the Content will be uninterrupted or error free or that any defects can be corrected.
Livkin reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Livkin Site, or any portion of the Livkin Site, for any reason.
VIII. Limitation of Liability
Subject to Statutory guarantees, under no circumstances will Livkin and their respective members, directors, officers, managers, employees, shareholders, agents and licensors be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Livkin Site or the services, information or Content contained on it.
Livkin is not liable under any circumstances - including but not limited to negligence for any special or consequential damages that may result from the use of, or the inability to use, the Livkin Site or any Content, services or information contained on it, even if Livkin or a Livkin authorised representative has been advised of the possibility of such damages.
Livkin and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of the Livkin Site or any Content, services or information contained on it, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may in whole or in part, not apply to you.
Subject to Statutory Guarantees, in no event will Livkin's total liability to you for damages, losses and causes of action - whether in contract, tort (including, but not limited to, negligence) or otherwise-exceed the amount you paid, if any, for accessing the Livkin Site.
IX. Third Party Websites
Livkin is in no way responsible for the content of any Site owned by a third party that may be linked to the Livkin Site via hyperlink, whether such hyperlink is provided by Livkin or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any Site to which the Livkin Site may link, including information on the Site regarding the Livkin Site, and Livkin takes no responsibility for this. By providing access to other Websites, neither Livkin nor its affiliates is recommending the purchase or sale of the stock issued by any company, nor is it endorsing products or services offered by any Website's sponsoring organisation.
XI. Jurisdictional Issues and Applicable Law
Unless otherwise specified, Livkin controls and operates this Site from our offices within Australia, and the laws of New South Wales govern these terms. If you take legal action relating to these terms, you agree to file such action exclusively to the jurisdiction of the courts in New South Wales and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Livkin does not claim that materials in this Site are appropriate or available for use in locations other than Australia. If you choose to access this Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Last Updated: September 2017