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Terms and Conditions

The liveyourlife web site is owned and operated by liveyourlife.com.au Pty Ltd ABN 54 092 156 575 ("liveyourlife"). By accessing, browsing or using this web site, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms and Conditions") and acknowledge and agree that you have read and understood these Terms and Conditions.

By downloading any information, placing an order, purchasing vouchers, products or services, making a booking (by telephone, email, by pressing the 'Submit' button or otherwise), using your voucher, a product or service or undertaking an experience you expressly agree to be bound by these Terms and Conditions. For the avoidance of doubt, these Terms and Conditions apply whether or not the person making a booking, using a voucher, product or service or undertaking an experience is the original purchaser.

liveyourlife may amend these Terms and Conditions from time to time. These are the most current Terms and Conditions of liveyourlife. Your continued use of this web site after any amendment has been made constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.

Should you object to any of these Terms and Conditions (including subsequent amendments), you must immediately discontinue use of this web site.

Contract
When you download any information, place an order, purchase vouchers, products or services, make a booking (by telephone, email, by pressing the 'Submit' button or otherwise), use your voucher, a product or service or undertake an experience certain legal obligations arise. You will be bound by these Terms and Conditions.

Liveyourlife reserves the right to accept or reject an order, request to purchase vouchers, products or services, booking or request to use your voucher for any reason, including, without limitation, the unavailability of any product or service, an error in the price or package price posted on the website, an error in the product or service description (including without limitation the inclusions or restrictions) posted on the web site or an error in your order.

Voucher Terms
When you use our website, place an order, purchase vouchers, products or services, make a booking, use your voucher, products or services or undertake an experience, you acknowledge and accept that the purchase and use of liveyourlife vouchers are subject to the following terms:
  • Redeemable with liveyourlife for the products and/or services at this web site;
  • Not redeemable directly with the provider of the products and/or services or any other provider of similar or the same products and/or services;
  • Not redeemable for cash or travellers cheques and cannot be redeemed to purchase another voucher;
  • Not refundable or exchangeable (except as required by law);
  • Valid only until the expiry date recorded on the liveyourlife voucher.
  • The expiry date cannot be extended under any circumstances and the onus is on the purchaser and/or holder of the liveyourlife voucher to use it by the expiry date;
  • The vouchers must be redeemed with liveyourlife and the liveyourlife experience undertaken prior to the expiry date shown on the voucher.
  • Any unused balance or credit at the expiry date will be forfeited;
  • Are convertible by provision of the voucher serial code to liveyourlife by any person. Vouchers should be kept in a secure place;
  • Valid only if the voucher has not been converted (the voucher serial number has not previously been recorded as redeemed by liveyourlife);
  • Not valid if the serial number or expiry date has been altered, tampered with or obliterated;
  • liveyourlife will not be liable for any liveyourlife vouchers that have been lost or stolen or liable to replace or reissue any vouchers.
  • If a liveyourlife voucher is cancelled and reissued, at the discretion of liveyourlife, the expiry date of the original voucher remains the same as the original voucher
  • Where the cost of the 'purchase' (package price) exceeds the credit available on the liveyourlife voucher the recipient will be required to pay the difference between the cost of the 'purchase' (package price) and the credit available on the liveyourlife voucher;
  • The cost of the vouchers is equivalent to the face value of the voucher purchased plus 10%. This includes GST.

Delivery of vouchers
Vouchers are delivered by Australia Post standard post or express post services. If you require delivery by express post, a postage fee will apply and be payable before delivery. We are not liable for any loss suffered as a result of a voucher being lost in the Australia Post services. We are also not liable for any failure in relation to Australia Post delivery standards, including overnight delivery for express post.

A courier service is available for deliveries to limited delivery areas in certain metropolitan areas of major cities. A courier fee will apply and be payable before delivery. A courier may be able to be arranged to other areas but is subject to additional charges and certain restrictions.

Provision of Products and Services
When you use our website, place an order, purchase vouchers, products or services, make a booking, use your voucher, products or services or undertake an experience, you acknowledge and accept the following:

The products and services, including but not limited to, the liveyourlife experiences are provided by third party providers of certain lifestyle and recreational products and services. Liveyourlife is not a provider of products or services including, but not limited to, the liveyourlife experiences.

Liveyourlife has no liability for any act, omission or default (including in negligence) of any provider of products or services or other third party. Liveyourlife makes no warranty or representation regarding the standard of any product or service offered or provided by the third party provider.

All product and service descriptions displayed on the website or otherwise by liveyourlife (including, without limitation, inclusions, restrictions, session lengths, itineraries, graphics, venues and package prices) are indicative only and are subject to change without notice at the discretion of the provider. liveyourlife accepts no responsibility or liability for any changes made at the discretion of the provider.

All products and services are offered by providers subject to availability. Without limitation, liveyourlife may be unable to fill an order or confirm a booking because of a providers inability to take the order or booking as a result of being fully booked, no longer or not currently offering the product or service, no longer offering the product or service at the price quoted, or otherwise.

Provided your booking or order is accepted, liveyourlife will send you an email confirmation at the email address provided by you. If you do not have an email address, liveyourlife will confirm your booking by telephone. Your booking has not been finalised until liveyourlife sends you the booking confirmation.

The booking confirmation that you receive from liveyourlife confirms that your liveyourlife voucher has been redeemed and your liveyourlife experience confirmed with the provider. Once you have received your booking confirmation, you cannot change your liveyourlife experience to another product or service.

Neither liveyourlife nor the third party provider is obliged to make any changes to dates or times of your experience. If you wish to request a change you must contact the provider direct. The Provider is not obliged to change the date or time of your booking or make any other alterations and any changes will be at the providers' absolute discretion. The provider may charge you a cancellation or alteration fee or you may forfeit the experience if you are unable to attend on the booked time and date.

Many of the services offered by Providers are dependant on weather and seasonal conditions. If you cannot undertake or complete your experience on the day, because of circumstances such as unsuitable weather conditions or mechanical failure by the Provider, the Provider will reschedule the experience directly with you.

Some liveyourlife experiences are exhilarating and, by their nature, carry some risks, including risks of personal injury. By agreeing to purchase vouchers, products or services, make a booking, use your voucher, products or services or by undertaking an experience you are acknowledging those risks, and you decide to participate notwithstanding those risks.

The third party provider will have its own terms and conditions to which you will be bound and may wish you to enter into a risk warning agreement, sign a limitation of liability, release and indemnity form or some other contractual document. You should make your own independent enquires with the provider about the risk, their insurance coverage and your need to acquire your own insurance.

Your ability to use our website, place an order, purchase vouchers, products or services, make a booking, use your voucher, products or services or undertake an experience may be terminated at any time by liveyourlife without notice. All disclaimers and limitations of liability by liveyourlife will survive termination.

Disclaimers
The information contained on this web site is provided by liveyourlife in good faith on an "as is" basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this web site.

None of liveyourlife, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this web site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) to errors in, or omissions from, the information contained on this web site. To the fullest extent permitted by applicable law, liveyourlife disclaims all representations and warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose and non-infringement of any intellectual property. liveyourlife makes no warranty that this web site, any information or ideas contained on this web site or any products or services advertised or available on this web site will meet your requirements, or that the web site will be interrupted, timely, secure or error free.

Although this web site is accessible worldwide, the information on this web site (including information relating to products and services) has been prepared in accordance with Australian law for the supply of information, products and services in Australia and New Zealand only. This information may not satisfy the laws of any other country in which case it cannot be relied upon by you and you are unable to order any products or services from this web site if you are resident in or accessing from another country. If you do, you agree to indemnify liveyourlife for any losses, costs, expenses or damages liveyourlife may suffer as a consequence. liveyourlife reserves its right to limit the provision of any product or service to any person or geographical area it so desires.

Limitation of Liability
None of liveyourlife, its related bodies corporate, any of their directors, officers, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from your use or your inability to use this web site; your reliance on any information or advice contained on this web site; any products or services purchased or obtained through this web site, any act, omission or default (including in negligence) of any Provider of products or services or other third party or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this web site.

Where any legislation implies in these Terms and Conditions any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of liveyourlife for any breach of such term, condition or warranty shall be limited, at the option of liveyourlife, to any one or more of the following: (a) if the breach relates to goods: (i) the replacement of the voucher redeemed for the goods; (ii) the replacement of the goods or supply of equivalent goods; (iii) the repair of such goods; (iv) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (v) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the replacement of the voucher redeemed for the services (ii) the supplying of the services again; or (iii) the payment of the cost of having the services supplied again.

Links to other web sites
This site may contain links or third party advertisements (which contain embedded hyperlinks) to web sites maintained by other companies and organisations. liveyourlife does not make any representation as to the accuracy of information contained on those web sites. The placement of links or third party advertisements on this web site does not constitute a recommendation or endorsement by liveyourlife of the products and/or services advertised. The third party is solely responsible to you for any representations or offers made by it and for the delivery of any products or services you agree to purchase or use from any third party web site.

Copyright
Unless otherwise indicated, copyright in the information on this web site is owned by liveyourlife. All rights are reserved.

You may download a single copy of the information on this web site that you require for its use as a reference to place an order, purchase vouchers, products or services, make a booking, or use your voucher, a product or service or undertake a liveyourlife experience. Except as permitted under the relevant copyright legislation or other applicable laws, no part of the information contained on this web site may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without specific prior written consent of liveyourlife.

If you believe that you own the copyright in any work and that work is displayed on this web site without your consent, please contact liveyourlife and your complaint will be investigated.

Trademarks
The liveyourlife logo, "live your life", "liveyourlife" and "liveyourlife.com.au" are subject to pending trademark applications of liveyourlife in Australian and are protected by Australian and international copyright laws.

Third party copyright and trademarks
Third party names, logos and icons identifying third party products and services referenced herein are trademarks or registered trademarks of their respective owners. All other products and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.

Virus warning
liveyourlife does not represent that any information (including any file) obtained from or through this web site is free from computer viruses or other faults or defects. It is your responsibility to scan such information for computer viruses. liveyourlife will not be liable to you or to any person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on liveyourlife, that liability shall be limited to the cost of re-supplying that information.

You must not transmit or attempt to transmit any material of any kind to this web site which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this web site. If you do, liveyourlife retains the right to terminate your rights to use this web site and to prosecute you to the fullest extent of the law.

Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims (including, without limitation, any claims for death or personal injury) that you now have or may have in the future against liveyourlife, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any act, omission or default of liveyourlife, any transaction with liveyourlife, your use of this web site, your use of the products or services or any act, omission or default of any Provider of products or services or any other third party.

You hereby agree to indemnify, defend and hold liveyourlife, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loos, damage, tax, liability and/or expense that may be incurred by liveyourlife, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including legal costs, fees and expenses of defending itself against any claim by any or all parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold liveyourlife, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this web site, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

Applicable Law
These Terms and Conditions will be governed by and constructed in accordance with the laws of the State of New South Wales, Australia. You and liveyourlife agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and any appellate courts.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to contrary to the law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

liveyourlife's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by liveyourlife in writing.

General
The products and services offered for sale by liveyourlife are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.

Any party in illegal activities involving the use of this web site will be subject to civil and criminal prosecution. liveyourlife cannot guarantee that it will be able to prevent any illegal or inappropriate use of this web site, nor can liveyourlife guarantee that it will give advance notice or warning of any illegal or inappropriate use of this web site.

Contact Us
Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact us prior to using this web site.
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