These Terms set out the legally binding terms for your use of the www.getlivesmart.com website (“Site”) and your legal rights and remedies. You are referred to as a “User” in these Terms. We recommend that you print a copy of this for future reference. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes made, as they are binding on you.
The Site is owned and operated by Livesmart U.K. Limited (“We”/“Us”/ “Our”) registered in England and Wales with company number 09960434. Our registered office address is: 37 Cremer St, Hackney, London E2 8HD. You may contact us there by using this email address: [email protected]
Other terms and conditions may apply to any specific services or products that we offer and which you may purchase or participate in.
Whether you are simply a visiting User or you become a registered User (when our Member Terms will apply), by making use of the Site and any services offered, either in full or in part, you agree to be legally bound by these Terms. If you disagree with any part of these Terms (and any future versions) do not use or access our Site.
The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site. We make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up-to-date.
Our Site is made available free of charge. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.
LiveSmart grants you a limited, personal, non-exclusive, non-commercial, revocable without notice, non-assignable and non-transferable licence to download, view and use the Site only for your personal, non-commercial use. Other than as We may enable you to share the Site or any services We provide via the Site through social media feeds or otherwise express a “like” in respect of any of them, you may not: (i) re-publish in any way any web-pages, code, images or other items or materials from the Site (including republication on another website); (ii) sell, rent or otherwise sub-license any web-pages, code, images or other items or materials from the Site; (iii) reproduce, duplicate, copy or otherwise exploit any web-pages, code, images or other items or materials from the Site for a commercial purpose; or (iv) edit or otherwise modify any web-pages, code, images or other items or materials from the Site, unless authorised by Us in writing. We may terminate this licence at any time without notifying you and without any liability for such termination.
In addition to the above, you agree that you will not:
(1) create a false identity for the purpose of misleading others or use the Site or any Service in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
(2) infringe someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
(3) use the Site or any Service for unsolicited commercial or non-commercial communication; (4) interfere with others using the Site;
(5) use the Site in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
(6) disrupt, interfere or inhibit any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services;
(7) use any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any part of the Site and/or Services;
(8) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
(9) attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the Services and/or the Site; or
(10) systematically collect or use any content from the Site or Service, including through the use of any data mining, or similar data gathering and extraction methods.
We may change the parameters of any acceptable use policies we may establish from time-to-time governing your conduct as a User.
Unless otherwise stated, LiveSmart and/or its “Licensors/Suppliers” own all the intellectual property rights in the Site and any services We provide and in all items and materials comprised in them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(“Licensors/Suppliers” means any and all third parties that make available to LiveSmart (pursuant to a licence or otherwise) their proprietary photos, videos, audios, comments, writings, names, likenesses, voices, performances, biographical materials, computer-generated images/artwork, liner notes, and other graphical or textual materials in any media format, products or services for use, deployment, display, performance and/or distribution via the Site; and further includes any third parties that place, display or distribute advertising, promotional or sponsorship materials on the Site or via any of Our services).
We do not guarantee that Our Site will be secure or free from bugs or viruses. Downloadable items may be made available by Us and if so, are provided to you on an ‘as is’, ‘as available’, ‘with all faults’ basis. We make no representations to you as to the quality or otherwise of these downloadable items.
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
We may enable you to share the Site and any services We make available (or any part of them) via social media feeds, or otherwise express a “like” in respect of any of them; accordingly this clause applies, subject to any such facilities;
Whilst we take reasonable measures to ensure that any information, pictures or graphic depictions, descriptions or other content on the Site are accurate we do not represent or promise that any of these are error free or current and we recommend that they are not relied upon in their entirety. You agree to notify LiveSmart immediately if you become aware of any errors or inconsistencies in the information or content provided on the Site and comply with any corrective action taken by LiveSmart.
Purpose of Data: Cookies (small text files placed on your computer while using our site) may be used to assist with improving your site experience and to safeguard your privacy whilst browsing our site. For more information visit www.allaboutcookies.org
Type of Data: Strictly necessary cookies; Performance cookies; Functionality cookies; Targeting/Advertising cookies
Purpose of Data: Browser event data is collected during your visit to our website. This information is collected and processed to provide insights into user behaviour in order for us to continually improve our service.
Type of Data: Device IP address; Device screen resolution; Device type; Country location; Preferred language; Mouse events; Keypresses; Log data
Purpose of Data: Webpages and HTML emails may also contain a small snippet of code called a web beacon. In their simplest form, web beacons allow a website to transfer or collect information through a graphic image request. LiveSmart may use web beacons as part of the site, but only for fraud detection.
Parties other than LiveSmart may offer and provide products and services on or through the Site. Except for LiveSmart branded information, products or services that are identified as being offered by LiveSmart, LiveSmart does not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way. LiveSmart is not responsible for examining or evaluating, and LiveSmart does not warrant the offerings of, any of these businesses or individuals or the content of their websites. LiveSmart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You warrant and accept that when using the Site and any services We enable you will not:
We at Our sole discretion may suspend or cancel your account, restrict your access to the Site, or commence legal proceedings against you in response to inappropriate content of any kind.
The validity, interpretation, construction and performance of these LiveSmart Website Terms are governed by English Law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it or any services We enable, whether express or implied.
We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Site; or (ii) use of or reliance on any content displayed on the Site.
If you are a business user, please note that in particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.
If you are a consumer User, please note that We only provide the Site and any services We enable for domestic and private use. You agree not to use the Site and any services We enable for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site and any services We enable or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Site and any services We enable. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
We may update our Terms from time to time. We will notify You of the changes where required by law to do so.
Last modified on 29/10/2020
Please report any breaches of these LiveSmart User Terms to [email protected]
You may contact Us in writing by emailing us at [email protected]