Merchant Voucher Terms and Conditions
The following terms and conditions serve as an addendum and supplement the Live eftpos Terms and Conditions (hereafter the “Addendum” and the “Live eftpos Terms,” respectively) and describe the terms and conditions that apply to the provision of the digital voucher services (the “Services”) by Live eftpos Pty Ltd ABN 11 150 373 069 trading as Live local, and its affiliates (“Live local,” “us,” “we” or “our”) to the business issuing the voucher (“you”). Live local and you may hereinafter be referenced as the “Parties.” You may not access or use any Services unless you agree to the terms and conditions of this Addendum. Capitalized terms used but not defined herein, shall have the respective meanings given to them in the Live eftpos Terms.
Live local will provide you with a platform (the “Platform”) enabling you to issue and sell digital vouchers (“Vouchers”) to your customers (“Purchasers”) . In order to participate in the Platform and receive the Services, you must have completed and be approved for use of the Live local Platform and agree to the Live eftpos Terms.
Live eftpos Terms
The Live eftpos Terms referred to in this Agreement are located here: https://www.liveeftpos.com.au/LEMerchantTnC.pdf
The Vouchers will be redeemable only for merchandise, services, food, and/or beverages (as applicable) sold by you. You remain solely responsible for your compliance of all applicable Australian state and federal law.
Customer Terms & Conditions
By participating in the Platform, you agree to adopt the customer terms and conditions (“T&Cs”), as located here www.livelocal.com.au/customer-tnc. We will present the complete T&Cs to the Purchaser to accept prior to their purchase of a Voucher and make the T&Cs available through a URL. The T&Cs will be included as attachment of the email communication that contains the Voucher QR code that will be sent to Purchasers after making a Voucher purchase. You will be solely responsible for fulfilling your obligations under the T&Cs, including redemption of the Vouchers when presented, and enforcing the T&Cs against Purchasers, as needed. Live local makes no guarantee as to the enforceability or effectiveness of the T&Cs, and you hereby agree to waive any and all claims you may have against Live local related to the T&Cs.
Compliance with Applicable Law
You are solely responsible for complying with all applicable laws regarding the Vouchers, including but not limited to: Australian Consumer Law and regulations governing the Vouchers. You expressly agree that Live local has no obligation to advise you regarding Applicable Law, and Live local shall not be liable to you for any instance of non-compliance.
You are responsible for determining and paying your federal, state, and local sales, use, income, property and excise taxes as related to your issuance, sale and redemption of the Vouchers (“Taxes”). Live local disclaims any liability for Taxes.
Live local and its affiliates bear no responsibility or liability for any of the Vouchers, and you hereby knowingly release us from any and all liability or claims of any nature whatsoever arising in connection with the Vouchers.
Limitation on Voucher Amount
You agree that Live local will not facilitate the sale by you of more than $2,000 in Vouchers to any one person during any one day. The dollar amount of each Voucher must be at least $5 and not greater than $500.
Listing on Live local Website
You agree that Live local will list you on its website as a participating merchant in Live local’s Voucher offering platform; such listing information may include, but not be limited to, name, address and merchant classification code information. As such, your Voucher program will be available to be searched by potential Purchasers via the website.
To the extent there is a conflict between this Agreement and the Live eftpos Terms, the terms of Live eftpos Terms shall prevail.
The Agreement shall be governed by and interpreted in accordance with the laws of New South Wales.