LIVE FOR LESS PROGRAM

Introduction

1.     The Program is owned and operated by Brisbane GreenHeart CitySmart Pty Ltd ACN 099 480 010 (CitySmart, we, us, our) in conjunction with our Program Supporters.

2.     These terms and conditions apply to the Program, Website and related services (Program).

Definitions

3     In these terms and conditions, unless the context otherwise requires:
a)     CitySmart Partners are the companies and organisations that work with CitySmart in the provision of its programs and services.  Details of the CitySmart Partners are available on the CitySmart website.
b)     Intellectual Property Rights means all present and future rights in relation to all or any patent, copyright, moral right, trademark, invention, business or company trading names, trade secrets, work methods, tacit knowledge, technical know-how, rights in circuit layouts, database rights, design rights, the right to have confidential material kept confidential, information, data, know-how or experience and any application or right to apply for registration of any right, whether registered or not.
c)     Program means the Live for Less Program operated by CitySmart.
d)     Program Supporters are CitySmart Partners and businesses, bloggers, contributors, influencers and other third parties who support the Program from time to time.
e)     Reward means a good or service, or entitlement to a good or service, obtained by successfully completing a defined part of the Program.
f)      Website means www.citysmart.com.auwww.liveforless.com.au and any other website we may utilise from time to time.
g)     You means a participant or an applicant to be a participant in the Program, including the part of the Program known as ‘joining the movement to be part of the community’.

About the Program

4.     The aim of the Program is to educate and assist the community to make affordable, effective choices to reduce their environmental impact.

5.     The Program is primarily conducted through digital communications.  Participation in the program will involve you registering on the Live for Less website (www.liveforless.com.au) and creating a profile to become part of the Program community.

Your membership

6.     Anyone in Australia is eligible to become a Live for Less member and create a profile on our website by providing the details and answering the questions in the registration section of the Live for Less website.

7.     From time to time, we will run specific ‘challenges’. These may be subject to separate terms and conditions and may have specific eligibility criteria.

8.     Your right to access and use the Program and Website are personal to you and are not transferable to any other person or entity.

9.     Participation in the Program is entirely voluntary. If you commence participating in the Program, you can withdraw at any time without penalty. Your decision to participate or not participate will in no way impact upon your current or future relationship with CitySmart or any of our Program Supporters.

10.  If at any time we are unable to contact you, we may unsubscribe you from the Program.  It is therefore important that you notify us of any changes to your contact details.

11.  You are solely responsible for all actions taken using your username, email or password. If at any time you believe your username or password has been compromised, you should immediately contact us on hello@liveforless.com.au and also change your password.

Program Rewards

12.  From time to time competitions, surveys or other promotions may be offered through the Program.

13.  Separate terms and conditions may apply to these competitions, surveys or promotions.  Rewards and prizes will come in the future with specific challenges, which will have their own separate terms and conditions depending on the eligibility, prizes, etc.

Prohibitions

14.  You must not:
a)     distribute all or any part of the Live for Less or the contents of our Website, other than as intended or as agreed by us in writing;
b)     do anything which alters the Website or interferes with or affects its working;
c)     remove anything from our Website, add anything to it or create a link to or from another website;
d)     disrupt or interfere with any other user’s use of the Program;
e)     impersonate any person or entity;
f)      use the Program, Website or any content in any manner or for any reason not expressly permitted by these terms and conditions;
g)     access third party submissions or other content on our Website, other than as expressly authorised by us;
h)     use the Website to list, upload, post or transmit any information or material in any manner or for any purpose that is illegal, unlawful, breaches the privacy or intellectual property rights of another person or entity, is offensive, defamatory, deceptive, deceitful, misleading, inaccurate, fraudulent, obscene, indecent, vulgar, harmful, advocating violence, threatening, abusive, harassing, or contrary to any law;
i)      use or launch any automated system including, without limitation, any offline readers, spiders or robots that access our Website in a way that:
i)      sends a larger number of request messages to our servers or to other users of our Website that can reasonably be produced by a human in the same period using a conventional on-line web browser;
ii)     sends spam to any other user; or
iii)   annoys or harasses any other user;
j)      post or publish anything that is untrue, inaccurate, misleading or deceptive;
k)      post or transmit or permit the posting or transmission of any material which contains a virus or other harmful data, code or material;
l)      collect, or attempt to collect, or post any personal information about any other user;
m)   store, download or redistribute content from our Website other than as intended or as agreed by CitySmart in writing;
n)     circumvent, disable or otherwise interfere with any security-related features of our Website or features that prevent, limit or restrict use or copying of any content from our Website; or
o)     attempt to decompile or reverse engineer any part of our Website or to obtain unauthorised access to or copy any part of our Website or any part of our Website.

Links to other websites

15.  Our Website may contain links to third party websites. These links are provided as a reference only and not as an endorsement of those websites, their operators, or the goods or services or the content offered or represented through them.

16.  These terms and conditions do not apply to third party websites; each of these websites will be subject to their own terms and conditions and privacy policies. You should review the terms and conditions of use and the privacy policy of any third party website when you access it.

17.  If you choose to access a third party website from our Website, you do so at your own risk. CitySmart is not responsible for, has no control over and accepts no liability in respect to the content or operation of third party websites or any of the goods or services offered or represented through them.

Considerations when you participate in on-line forums

18.  As part of the Program we may offer chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user’s name or e-mail address.

19.  Any information you post in such forums is public information and CitySmart cannot control what uses third parties may make of any personal or other information you share in such forums.

20.  You should exercise caution before disclosing or posting any information, including personal information, on on-line forums.

Limitations

21.  The Program and Website are provided on an ‘as is’ and ‘as available’ basis.

22.  We do not represent or warrant:
a)     that you will have uninterrupted or error-free access to or use of the Program by any method. Access will be interrupted from time to time, for example, as a result of software or equipment malfunction, for periodic updating of our Website or IT systems, for maintenance and repair or for other actions we may deem necessary or desirable or which are beyond our control;
b)     that the Website or any files available for downloading will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojans or other corrupting programs will not be transmitted to or through the Website; or
c)     that the content of the Program is accurate, complete or suitable for any purpose. You must rely upon your own judgement.

Exclusion of liability

23.  CitySmart makes no warranties or representations of any kind, express, statutory or implied as to:
a)     the availability of telecommunications services from your provider to our Website at any time or from any location;
b)     any loss, damage or interference in respect to the telecommunications services;
c)     any unauthorised disclosure of information to third parties or any failure to transmit any data, communications through the Website.

24.  Under no circumstances will CitySmart be liable for any:
a)     incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses; or
b)     loss or damage, including (without limitation) any injury to any person or property, however arising including, but not limited to:
c)     the use of the Website or Rewards claimed through the program;
d)     any technical difficulties or equipment malfunction (whether or not under CitySmart’s control);
e)     any variation in a prize or Reward or the value of any prize or Reward;
f)      any tax liability incurred by a winner or entrant; or whether or not CitySmart has any notice of the possibility of any loss or damage.

25.  Nothing in this agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this agreement, the Program or Software and which by virtue of any legislation (including the Competition and Consumer Act 2010 (Cth)) may not be modified or excluded.

Privacy

26.  All personal information submitted by any participant for the purposes of the Program or which CitySmart receives as a result of the Program is governed by CitySmart’s Live for Less Privacy Policy (Privacy Policy), which is available by clicking here.

27.  Our Privacy Policy also includes links to the privacy policies of each of our Program Supporters.

28.  As part of the Program we will contact you or send you information electronically via email, SMS or post. We therefore need your information to be up to date. You must therefore:
a)     ensure that any information you give us is accurate, current and complete; and
b)     keep your personal information accurate and up to date.

Intellectual Property Rights

29.  CitySmart reserves all its Intellectual Property Rights. The rights granted under this agreement to access and use the Program and Website are a licence only. Nothing contained in this agreement or otherwise grants to a participant any rights of ownership in all or any part of the Program or Website.

30.  You acknowledge and agree that any suggestions for improvements, enhancements and other changes to the Program or Website and any material provided to CitySmart by you will belong to CitySmart and may be implemented by CitySmart in whole or in part without any payment or other compensation to you or anyone else.

31.  You acknowledge that the Program and Website are the subject of copyright and other Intellectual Property Rights, laws and treaties. You must not at any time (either before or after termination of this agreement) do any act or permit the doing of any act which infringes that copyright and the other Intellectual Property Rights.

Severability

32.  If a provision of this document is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of this document.

Entire Agreement

33.  This agreement, the Privacy Policy and the Prize Terms and Conditions:
a)     constitute the entire agreement between the parties about its subject matter and supersedes all prior contracts, arrangements and understandings in relation to that subject matter; and
b)     may only be altered in writing signed by all parties.

General

34.  In this document, unless the context otherwise requires:
a)     a reference to:
i)      the singular includes the plural and the plural includes the singular;
ii)     a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to this document and references to this document include any recital, schedule or annexure;
iii)   any contract (including this document) or other instrument includes any variation or replacement of it and as it may be assigned or novated;|
iv)    a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
v)     a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
vi)    a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
vii)  a group of persons is a reference to any two or more of them taken together and to each of them individually;
viii) money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
b)     the meaning of any general language is not restricted by any accompanying example and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
c)     the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis;
d)     headings and the table of contents are for convenience only and do not form part of this document or affect its interpretation;
e)     a provision of this document must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the document or the inclusion of the provision in the document.

Accepting Terms and Conditions and authorising release of information to us

35.  If you have any queries relating to the Program or the Terms and Conditions, contact us at hello@liveforless.com.au

36.  By selecting ‘I Accept’ on our Website, you unconditionally agree to and accept these Terms and Conditions.

37.  If you do not accept all the Terms and Conditions or do not agree to the collection, use, disclosure and handling of your Personal Information in accordance with our Privacy Policy, do not select the ‘I Accept’ option.  Upon selecting the ‘I Accept’ option, CitySmart relies upon your agreement to the Terms and Conditions and the handling of your Personal Information in accordance with our Privacy Policy.

38.  If at any time you wish to be removed from the Program, please contact us at:

Phone: 07 3007 7000

Email: hello@liveforless.com.au

Current as of 14.4.16.