Terms and Conditions
These terms and conditions form the basis on which you can visit and use our website. By using our website and purchasing any products from LiveAd Mobile Limited, you agree to be bound by these terms and conditions in full. If you do not wish to be bound by these terms and conditions, do not use this site. Please read carefully as they contain important information.
1Â Â Â Â Â Â Information about us
This site is owned and operated by LiveAd Mobile Limited. We are registered in England and Wales under company number 6551012. Our registered address is The Springboard Centre, Mantle Lane, Coalville, Leicestershire, LE67 3DW. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@liveadmobile.co.uk or 0870 489 0141.
2 Â Â Â Your Obligations
2.1Â Â Â Â By placing an order through our site, you warrant that:
(a)Â Â Â Â you are legally capable of entering into binding contracts;
(b)Â Â Â Â you are at least 18Â years old;
2.2Â Â Â Â In addition, you agree that you will comply with the following:
(a) Â Â that the content of any Bluetooth Promotion and SMS Marketing you use would be appropriate, not misleading or unacceptable;
(b)   any Bluetooth and SMS marketing activities adhere to the guidelines set out by the DMA’s Mobile Marketing Best Practice Guidelines http://www.dma.org.uk/DocFrame/DocView.asp?id=4756&sec=-1
3 Â Â Â Term
The minimum period (Minimum Term) for the supply of the Products by us to you will be an unlimited software license for the Bluetooth solution and 3 months for SMS Marketing. The Minimum Term shall commence on the date of acceptance of your order by us in accordance with paragraph 4.
4 Â Â Â How the Contract is formed between you and us
4.1
- You select the Products you require
- You will be transferred to PayPal for payment for the Products
- You complete the order process
- We or a third party will verify if the transaction is valid and if the transaction is authorised, you are automatically returned to our site
- We or a third party will send you an e-mail with order and payment confirmation
Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). The contract between us will only be formed when we send you the Despatch Confirmation, in accordance with the Distance Selling Regulations 2000.
4.2    The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Despatch Confirmation.
5 Â Â Â Â Our Status
5.1    Please note that in some cases, we accept orders as agents on behalf of third party resellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2    We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6 Â Â Â Â Consumer Rights
6.1    As a consumer under the Distance Selling Regulations, you may cancel a Contract at any time within seven (7) working days (Cooling-Off Period) beginning on the day after you received the products or services. LiveAd Mobile provides a further seven (7) working day money back guarantee on its software license. In these cases, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 11 below).
6.2Â Â Â Â To cancel a Contract, you must inform us in writing by sending confirmation of your cancellation either by e-mail to customer.services@liveadmobile.co.uk or by post to; LiveAd Mobile Limited, Customer Services, The Springboard Centre, Mantle Lane, Coalville, Leicestershire, LE67 3DW.
6.3Â Â Â Â If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
6.4    Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your statutory rights.
7 Â Â Â Â Availability
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone using the details you have provided us when ordering. You will have the option either to wait until the item is available from stock or to cancel your order.
After we have received payment when purchasing SMS short codes, we will check the availability of your chosen short codes as soon as possible, usually within 24 hours during office hours. Once the short codes have been allocated we will contact you by email or phone with order confirmation.
8 Â Â Â Â Delivery
8.1Â Â Â Â Our delivery charges are set out in the Order Now section of our website. Delivery within the United Kingdom is free. Â You will be required to pay for international delivery. International charges vary according to the type of goods ordered and cannot be refunded. It might not be possible for us to deliver to some locations.
8.2Â Â Â Â If your delivery address is outside of the EU, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; LiveAd Mobile advises each customer to contact their local customs office for further information. You should also note that when shipping products internationally, cross-border shipments are subject to opening and inspection by customs authorities. As such LiveAd Mobile does not quote international delivery times.
8.3Â Â Â Â We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).
8.4Â Â Â Â If goods are in stock and ordered before 2pm on a working day they will be sent to you for delivery for the next available working day within the United Kingdom. We will send you a Despatch Confirmation with delivery details. We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
8.5Â Â Â You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
9 Â Â Â Â Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
10 Â Â Â Â Price and Payment
10.1Â Â Â Â The price of any Products will be as quoted on our site, except in cases of obvious error. All products will be in Pounds Sterling.
10.2Â Â Â Â Credit and Debit cards are debited on the day of placing the order on the LiveAd Mobile website. VAT is payable by you on all the prices quoted in the Order Now section.
10.3Â Â Â Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
10.4    Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when supplying the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before providing the Product, or reject your order and notify you of such rejection.
10.5Â Â Â Â We are under no obligation to supply the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
10.6Â Â Â Â We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
11 Â Â Â Our Refunds Policy
11.1   Once you have notified us that you are cancelling your contract, or because you claim that the Product is defective, we will notify you of your entitlement to a refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. You will be responsible for the costs of returning the goods to us unless we either delivered the item to you in error or the item is faulty. LiveAd Mobile reserves the right to make a 15% charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
11.2   Orders cancelled by you because of a defect in the Products supplied will be refunded in full. You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
11.3 Â Â For any orders of Products cancelled by you within the fourteen-day cooling-off period from the date of purchase (see paragraph 6.1 above) you will be refunded in full.
11.4 Â Â When renting short codes you have agreed to be contracted for a specific period of time, you have to complete the contract duration agreement and be billed accordingly.
11.5 Â Â When purchasing a design service we will receive your requirements and before we start the project our design team will contact you. We will show you the completed work where you will have the option of making changes if required in accordance with your chosen design package. LiveAd Mobile can refund all or part of the payment made totally at its discretion.
12 Â Â Â Â Cancellation by us
12.1 Â Â Â We reserve the right to cancel the contract between us if:
(a) Â Â Â Â we have insufficient stock to deliver the goods you have ordered
(b) Â Â Â Â we do not deliver to your area; or
(c) Â Â Â Â one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 Â Â Â If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
13 Â Â Â Â Liability
13.1 Â Â We warrant to you that any Product purchased from us through our site is of satisfactory quality.
13.2   If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
(a)Â Â Â Â Â Â Â to make good any shortage or non-delivery;
(b)Â Â Â Â Â Â Â to replace or repair any goods that are damaged or defective; or
(c) Â Â Â Â to refund to you the amount paid by you for the goods in question in whatever way we choose.
13.3 Â Â Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
13.4Â Â Â Â Â This does not include or limit in any way our liability:
(a)Â Â Â Â Â Â Â for death or personal injury caused by our negligence;
(b)       under section 2(3) of the Consumer Protection Act 1987;
(c)Â Â Â Â Â Â Â for fraud or fraudulent misrepresentation; or
(d)Â Â Â Â Â Â Â for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.5Â Â Â Â We accept no liability for user conduct. This means that you, and not LiveAd Mobile, are entirely responsible for all Content that you upload and transmit via Bluetooth or SMS Marketing. We do not control any sent Content and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LiveAd Mobile be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise.
13.6Â Â Â Â We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, computer problems or repairs (our software is fully tested and compatible with Windows operating systems), waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.7Â Â Â Â Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
13.8    You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.9 Â Â Â Â The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
13.10 Â LiveAd Mobile provides the ability for users to send SMS Text Messages through its system. LiveAd Mobile do not send SMS messages, or cause an SMS message to be sent, merely because LiveAd Mobile provides a Services that enables SMS messages to be sent. You understand and agree that the Services is provided “AS-IS” and that LiveAd Mobile assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet Services provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services. You will be required to read and understand the T&C before using any of our services.
14 Â Â Â Â Transfer of Rights and Obligations
14.1 Â Â The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 Â Â You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 Â Â We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 Â Â Â Â Ownership of rights
All rights, including copyright, in this website are owned by or licensed to LiveAd Mobile Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
16 Â Â Â Accuracy of content
Although we take pride in this site, please note that the information posted on it is general in nature and, at times, may be incomplete, out of date or inaccurate. We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
17 Â Â Â Damage to your Computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
18 Â Â Â Restricted access
Access to certain areas of our website may be restricted. We reserve the right to restrict access to certain areas of our website. We may provide you with account log in details to enable you to access restricted areas of our website or other content or services. You must ensure that your account log in details are kept confidential. You accept responsibility for all activities that occur under your username and password. We may disable your account log in details at our sole discretion.
19Â Â Â Â Â Â Â Bulletin board/News
We reserve the right to edit or remove any material posted upon our website. In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, royalty-free license to use, reproduce, adapt, publish and distribute such material in any media.
20Â Â Â Â Â Â Â Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at LiveAd Mobile Limited, The Springboard Centre, Mantle Lane, Coalville, Leicestershire, LE67 3DW and all notices from us to you will be displayed on our website from to time.
21 Â Â Â Â Changes to legal notices
We reserve the right to review and change these terms and conditions from time to time. This is your sole responsibility to check this page frequently to learn about the latest modifications in terms and conditions.
22 Â Â Â Â Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
23Â Â Â Â Â Â Â Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
24Â Â Â Â Â Â Â Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
