Terms and Conditions
Unless we agree something different in writing pursuant to paragraph 11 below, these are the terms and conditions of your agreement with us in relation to LiveTXT, your use of LiveTXT, and any transaction initiated via LiveTXT:
1. A new agreement between you and Liverton Limited ("we", "us" or "our") comes into effect when you register for LiveTXT, or, if you registered before these terms and conditions came into effect, upon your next use of LiveTXT. If we change these terms and conditions, which we may do from time to time without notice, the new terms and conditions will apply to subsequent use of LiveTXT. The current terms and conditions will be published on our website, or may be viewed by going directly to http://www.livetxt.co.nz/terms.asp. "LiveTXT" means the LiveTXT application and any message service provided by us using that application, but does not include the supply of a product or service by a third party (such as a vendor whose products are promoted or accessible via LiveTXT), or any communication outside LiveTXT.
2. You agree we may contact you by email, or by short message service ("SMS") to your cellphone, or using any other contact information provided by you to us upon registration or at any other time. You further agree that we may pass your email address, cellphone number, or other contact information to any vendor who you have communicated with via LiveTXT.
3. We are not liable for any direct or indirect consequences whatsoever arising from a fault, failure or deficiency affecting LiveTXT, including (but not limited to) the failure of a vendor to perform as expected, or the non-delivery of an email message or SMS message. You should not use or rely upon LiveTXT in relation to a transaction where a fault, failure or deficiency of LiveTXT could result in financial loss.
4. If you wish to make a complaint or comment regarding LiveTXT, or a Privacy Act request, you may send an email to feedback@liverton.com, but we are not obliged to respond to your message, or take other action, except such action as is required by New Zealand legislation.
5. You agree to use LiveTXT in the manner it is intended to be used, as described in the 'Help' system on the LiveTXT website. If you use LiveTXT improperly, which includes (but is not limited to) having in one 30 (thirty) days period more than 2 (two) "no shows" as described in the LiveTXT 'Help' system, or sending on any one day more than 5 "invalid messages" as described in the LiveTXT 'Help' system, we may terminate this agreement without notice at our sole discretion. You further agree that, if you allow by action or omission another person or persons to use your email, cellphone, or other contact method associated with you in our system, you are responsible for that use and consequences as if you initiated or conducted the use yourself.
6. If you are required to pay money to us in relation to LiveTXT, your use of LiveTXT, and or any transaction initiated via LiveTXT, you agree to pay that money in the time and manner specified, or otherwise immediately, and will additionally pay the cost of debt recovery action (including, but not limited to, legal costs, court costs, and collection agency commissions) in relation to any overdue debt. Every debt owed by you to us is immediately payable in full upon termination of this agreement.
7. You may terminate this agreement immediately by sending a the word "UNREGISTER" in an SMS message to 021 99 11 55. Upon termination, we may at our sole discretion delete any or all relevant information from our system, but we may also retain and use any or all information for so long as we deem that necessary or appropriate (subject to specific provisions of New Zealand privacy legislation), and termination does not affect any liability you have to us up to that time. Nothing in this agreement extinguishes or affects any legal remedy we may against you outside of or additional to the remedies available under this agreement.
8. We do not represent, promise or guarantee that LiveTXT will continue to be available. LiveTXT may be stopped or cancelled at any time without notice to you. However, without assuming any responsibility or liability, we may at our sole discretion give you notice of termination by email, SMS, or any other contact method we have recorded for you, but we shall not in any event be obliged to give a reason for termination or enter into further communication regarding the termination.
9. You agree that we are not a party to any contract which may come into effect between you and a vendor, and we are not liable for the conduct of any third party, including (but not limited to) the representations of a third party, the failure of a third party to provide a product or service, the quality of a product or service, and or losses arising directly or consequentially from the provision and or use and or consumption of a product or service. You agree that we are not obliged to provide any assistance in relation to any contract or dealing you have with a third party, and, if we do provide such assistance, the extent of such assistance is at our sole discretion, we are not liable for any costs and or direct or indirect consequences of such assistance, and the provision of such assistance does not extend the scope or ambit of this agreement and does not operate as a waiver.
10. If a court, tribunal or other judicial body finds us liable to you in relation to LiveTXT, your use of LiveTXT, any transaction initiated via LiveTXT, and or any other matter whatsoever, you agree that the aggregate of all such liability shall in any event be limited to NZ$1 (one New Zealand dollar), and you shall not be entitled to recover more than that sum from us in total.
11. You agree this is the entire agreement between us in relation to LiveTXT, your use of LiveTXT, any transaction initiated via LiveTXT, and any other relevant matter, and no other representations, terms and or conditions are included in this agreement except to the extent that such representations, terms and or conditions are provided to you in writing signed by a director of Liverton Limited, or are published by us on our LiveTXT website.