TERMS OF
SERVICE

LIVR provides (on the following terms) individuals using our app with access to virtual reality (‘VR’) content streamed over the Internet to their VR-enabled devices.

  1. These terms
    1. What these terms cover.  These are the terms and conditions on which we supply digital VR content to you.  Where you have opted to receive a complementary virtual reality headset, these terms and conditions also apply to the supply of that headset.
    2. Why you should read them.  Please read these terms carefully before you create your account.  These terms tell you: who we are; how we will provide content to you; how you and we may change or end the contract; what to do if there is a problem; and other important information.
  2. Information about us and how to contact us
    1. Who we are.  We are LIVR Limited, a company registered in England and Wales.  Our company registration number is 10629562 and our registered office is at Harwood House, 43 Harwood Road, London, SW6 4QP.  Our registered VAT number is GB270019827.
    2. How to contact us.  You can contact us by writing to us at hello@livr.co or at the address above.
    3. How we may contact you.  If we have to contact you, we will do so by writing to you at the email address in your profile on our website (which will usually be the email address which you provided to us when you subscribed).
    4. ‘Writing’ includes emails.  When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
    5. ‘Month’ means a calendar month.  When we use the word ‘month’ in these terms, this means a calendar month.
    6. ‘Our content’.  When we refer to ‘our content’, this means our VR content (e.g. VR recordings of theatre performances) and our app. 
    7. ‘Gift Codes’.  When we refer to a ‘Gift Code’, this means a code which may be redeemed on our website for a 6 or 12-month Gift Subscription. 
    8. ‘Promo Codes’.  When we refer to a ‘Promo Code’, this means a code which may be redeemed for a Promo Token.  These may be issued, for example, by our theatre partners.  (See clauses 6.3 and 6.6 for information about Promo Tokens.)
    9. Credits.  Where we refer to ‘Credits’, this means Subscription Credits and Additional Credits.
  3. Our contract with you
    1. How we will accept your order.  Our acceptance of:
      1. (a)your subscription order (including the redemption of a Gift Code); or
      2. (b)your redemption of a Promo Code,

will take place when we email you to accept it, at which point a contract will come into existence between you and us.

    1. If we cannot accept your order.  If we are unable to accept your subscription order or your redemption of a Promo Code for any reason, we will inform you of this in writing and will not charge you (or redeem the Gift Code, where applicable).
    2. Multiple contracts.  Each subscription order placed (including by redeeming Gift Codes) and Promo Code redeemed creates a separate contract between us.  For example:
      1. (a)if you pay for a monthly subscription and redeem a Gift Code, two contracts would run side-by-side:
        1. the contract for the monthly subscription for which you pay (a ‘Paid Subscription’); and
        2. the contract for the monthly subscription paid for with the redeemed Gift Code (a ‘Gift Subscription’);
      2. (b)if you pay for a monthly subscription and redeem a Promo Code, two contracts would run side-by-side:
        1. the contract for the Paid Subscription; and
        2. the contract for the relevant Promo Token.
    3. Contracts covering Additional Credits.  Our rights and obligations in relation to each Additional Credit purchased will be covered, in each case by:
      1. (a)the contract for your Paid Subscription (where you have one) at the point you purchase the Additional Credit;
      2. (b)the contract for your earliest current Gift Subscription (where you don’t have a Paid Subscription) at the point you purchase the Additional Credit; or
      3. (c)the contract for your earliest current Promo Token (where you don’t have a Paid Subscription or a Gift Subscription) at the point you purchase the Additional Credit.
    4. Your account number.  We assigned an account number when you created your account and told you what the number is.  It will help us if you can tell us the account number whenever you contact us.
    5. We only sell to the UK.  Our VR content is solely for UK consumers.  We do not presently accept orders from consumers outside the UK and we prevent our VR content from being viewed from outside the UK.  By applying to subscribe (including by redemption of a Gift Code) or to redeem a Promo Code, you confirm that:
      1. (a)you are resident in the UK; and
      2. (b)you will not (attempt to) to watch our VR content from outside of the UK.
    6. You must be over 18.  You must be over the age of 18 to view our VR content and – by applying to subscribe (including by redemption of a Gift Code) or to redeem a Promo Code – you confirm that you are over 18.
    7. How to tell us about problems. If you have any questions or complaints, please write to us at hello@livr.co.
  1. Usage
    1. Our app.  You need a mobile device running our app in order to view our VR content.  Our app is available to download from the Apple App Store, Google Play, the Oculus Store and Viveport.
    2. Your account.  Your LIVR account (and your right to access and view our VR content) is for your own personal and non-commercial use.  You must not give anyone else your username and password or otherwise let anyone else use your account.  Aside from your right to access and view our VR content in accordance with these terms, you do not have any other rights in or to our VR content.
  2. Our VR content
    1. Size of downloads.  Our VR content is stored in large files.  Therefore:
      1. (a)our VR content should be viewed on a connection with a download speed of at least 10 mbps.  Our VR content may not display properly on connections with lower speeds; and
      2. (b)you should ensure that you are aware of (and are satisfied with) the data fees (if any) charged by your Internet connection provider.
    2. Appearance may vary.  The appearance of our VR content may vary from user to user depending on a number of factors (for example, device and bandwidth).
    3. Changes to our VR content library.  For licensing reasons, we will add and remove certain VR content from our platform from time to time. 
    4. VR device.  The device on which you install our app may need to be used with a VR headset in order to view our VR content properly.  Where this is the case and where you not have opted for us to provide you with a headset, it is your responsibility to ensure that you have the necessary headset to view our VR content properly on your device.
  3. Providing the VR content
    1. Credits.  Paid Subscriptions and Gift Subscriptions grant you one credit per month (a ‘Subscription Credit’).  In the case of a Gift Subscription, the subscription will last for either 6 or twelve months (i.e. granting you 6 or 12 Subscription Credits over the relevant period).  The Subscription Credit will be issued on either:
      1. (a)your Billing Day in the case of Paid Subscriptions; or
      2. (b)the day of the month on which you redeemed the Gift Code in the case of Gift Subscriptions (the Redeeming Day).
    2. Further credits (‘Additional Credits’) may be purchased via our website.
    3. Promo Tokens’ may be obtained by redeeming a Promo Code on our website.
    4. VR content.  From time to time, we may (but are under no obligation to) make certain VR content available that may be watched an unlimited number of times (‘Unlimited Content’).  However, to view all other performances (‘Charged Performances’), you must either:
      1. (a)redeem a Credit; or
      2. (b)redeem a Promo Token (where permitted for the relevant Charged Performance).
    5. Redeeming Credits.  A single Credit may be redeemed to watch a single Charged Performance.  Once you redeem a Credit:
      1. (a)the relevant Charged Performance will be available to view immediately; and
      2. (b)you must watch the relevant Charged Performance within 30 days (within that 30-day period, you may watch the Charged Performance as many times as you wish), subject to:
        1. you ending the contract (as described in clause 9) in the meantime; or
        2. us ending or suspending the contract (as described in clause 11) in the meantime.
    6. Redeeming Promo Tokens.  A Promo Token may be redeemed to watch the specific Charged Performance for which the corresponding Promo Code was issued.  For example, a Promo Code may be issued by a theatre in relation to a specific Charged Performance of Hamlet that was staged at that theatre.  Once you redeem a Promo Token:
      1. (a)the relevant Charged Performance will be available to view immediately; and
      2. (b)you must watch the relevant Charged Performance within 30 days (within that 30-day period, you may watch the Charged Performance as many times as you wish), subject to:
        1. you ending the contract (as described in clause 9) in the meantime; or
        2. us ending or suspending the contract (as described in clause 11) in the meantime.
    7. Application of Credits. 

In the event that you have:

      1. (a)one or more Gift Subscriptions and a Paid Subscription at any time; and
      2. (b)have multiple unused Credits,

Credits redeemed shall be deemed to be ‘taken’ first from your Gift Subscription and then from your Paid Subscription.  (In the event you have multiple Gift Subscriptions, Credits shall be deemed ‘taken’ first from the oldest Gift Subscription.)  For example, you have:

      1. (a)a Paid Subscription with a Billing Day of the 15th;
      2. (b)a Gift Subscription with a Redeeming Day of the 20th;
      3. (c)on the 10th January, you have no Credits;
      4. (d)by 25th January, you have not redeemed any of the Credits issued (i.e. you have two Credits to redeem); and
      5. (e)you redeem one Credit on 30th January,

on 1st February, you would have no Credits remaining on your Gift Subscription and one Credit remaining on your Paid Subscription. 

    1. Rollover.  Unused Credits ‘roll over’ indefinitely (in other words, until we or you terminate the contract). 
    2. We are not responsible for events outside our control.  If the supply of our VR content is interrupted by, or deteriorates due to, an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect.  Provided we do this, we will not be liable for the interruption(s) and/or deterioration caused by the event but – if there is a risk of substantial interruption(s) and/or deterioration – you may contact us to end the contract and receive a refund of any Credits unused at termination of the contract.
  1. Providing your complimentary headset (where we offer, and you request, one along with a subscription)
    1. Provision of headsets.  From time to time, we offer complimentary headsets with certain subscriptions (including on redemption of Gift Codes) but are not under any obligation to offer complimentary headsets.  This clause 7 applies where we have offered (and you have requested) a headset but not otherwise.
    2. Variations.  The packaging of the headset may vary from that shown on our website.  Similarly, the images of the headset on our website are for illustrative purposes only and the headset you may receive may differ slightly.
    3. Delivery costs.  We do not charge for delivery of the headset.
    4. When we will deliver the headset.  We will deliver the headset as soon as reasonably possible and, in any event, within 30 days of the day on which we accept your order. 
    5. We are not responsible for events outside our control.  If the supply of the headset is delayed due to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect.  Provided we do this, we will not be liable for the delay caused by the event but – if there is a risk of substantial delay – you may contact us to end the contract and receive a refund of any Credits unused at termination of the contract.
    6. If you are not at home on delivery. If no one is available at your address to take delivery of the headset, we will leave you a note informing you of how to collect the products from a local depot.
    7. If you do not collect the headset.  If no one was available to take delivery of the headset and you do not collect the headset from the local depot and – despite our reasonable efforts – we are unable to arrange collection, we may end the contract (as described in clause 11.2). 
    8. When you become responsible for the headset.  The headset will be your responsibility from the time we deliver the headset to the address you gave us or you collect it from a local depot.
    9. Ownership of the headset.  You will own the headset once:
      1. (a)we receive the first payment for your monthly subscription; or
      2. (b)we email you to confirm acceptance of the redemption of a Gift Code. 

However, if we have to end the contract because we cannot deliver the headset (and you have not collected it from the local depot), ownership will transfer back to us when we end the contract.

  1. Price and payment for Paid Subscriptions
    1. Where to find the price for the subscription.  For Paid Subscriptions, the price of the monthly subscription (which includes VAT) will be the price stated on the sign-up page when you placed your subscription order.
    2. How and you must pay for Paid Subscriptions.  We accept payment by all commonly accepted credit and debit cards.  Paid Subscriptions are paid monthly in advance.  We will take an initial payment from your card when you sign up and, thereafter, we will take payment automatically from your card (using the card details which are stored with our payment service provider) on/around the same day of each month as the day you signed up (your ‘Billing Day’).  Your Billing Day will usually be the same but, for orders placed on:
      1. (a)29th February (i.e. in a leap year), your Billing Day will fall on the 28th of each month thereafter; and
      2. (b)the 31st of a month, your Billing Day will fall on the last day of each month thereafter.
    3. Changes to the price.  We will give you at least one whole month’s notice in writing of any change to the price for your Paid Subscription (including any change due to a change in the rate of VAT).
  1. Your rights to end the contract
    1. You can always end your contract with us.  Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:
      1. (a)if there is a risk of substantial interruption(s) and/or deterioration in our supply of our VR content, see clause 6.7;
      2. (b)where you have requested a complimentary headset, if there is a risk of substantial delay in the delivery of the headset, see clause 7.4;
      3. (c)if our content and/or our platform is not as described and/or of satisfactory quality, see clause 9.2;
      4. (d)if you have a legal right to end the contract because of something else we have done wrong, see clause 9.3;
      5. (e)if you have just changed your mind about the contract, see clause 9.4;
      6. (f)if you want to end the contract because we have told you about an upcoming change to the subscription pricing, our platform or these terms to which you do not agree, see clause 9.5;
      7. (g)in all other cases, see clause 9.6.
    2. Ending the contract because our content is not as described and/or of satisfactory quality.  You have a right to ask us to repair/replace this content, which we will do (if possible) after you write to us at hello@livr.co.  This means that we will make the content (after correction) available for you to download or view again (as applicable) at no additional cost.

If we are unable to repair/replace the content or we fail to do so within a reasonable period and without significant inconvenience to you, you may end the contract immediately by letting us know.  In this case, we will issue a refund for:

      1. (a)the Credit(s) which you redeemed in order to watch the content in question; and
      2. (b)any Credits unused at termination of the contract.
    1. Ending the contract because of something else we have done wrong.  Where you have a legal right to end the contract, the contract will end immediately when you let us know.  Depending on the circumstances, you may also be entitled to a refund or other compensation.
    2. Exercising your right to change your mind (and end the contract).  You have a legal right to change your mind and receive a refund of Credits.  You have:
      1. (a)14 days after the day:
        1. we email you to confirm we accept your subscription order (where you have not requested a complimentary headset); or
        2. you receive or collect the headset (where you have requested one); or
      2. (b)until you start to download or stream our VR content (if earlier).

You do not have a right to change your mind after you have started to download or stream digital content.

If you change your mind within 14 days and before you have streamed any of our VR content, we will issue a full refund of all Credits.

    1. Ending the contract because of a change we intend to make.  We will always write to you to let you know about:
      1. (a)a change to our monthly subscription pricing (see clause 8.3);
      2. (b)a change to our terms or our platform (see clause 16.1); or
      3. (c)the transfer of the contract to another organisation (see clause 16.2),

at least one whole month before the change(s) will take effect.  You can end the contract by letting us know during the month in which we wrote to you or in the following month.  The contract will finish at the end of the month in which you let us know and we will refund any Credits unused at termination of the contract.

    1. Ending the contract where we are not at fault and there is no right to change your mind.  Where we are not at fault and you do not have a right to change your mind, you can end the contract by letting us know before your next (as applicable) Billing Day or Redeeming Day.  The contract will then finish on the day prior to your next Billing Day or Redeeming Day and we will refund any Credits unused at termination of the contract.
  1. How to end the contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract.  To end the contract with us, please let us know by doing one of the following:
      1. (a)email us at hello@livr.co.  Please provide your name and account number;
      2. (b)completing [the model cancellation form] [Insert link to model cancellation form in Schedule 1.] and posting it to us at the address on the form.  Alternatively, simply write to us at that address to inform us along with your name and account number.
    2. Returning the headset.  Where you have asked for a complimentary headset, if – during the first month of your subscription or before redeeming a Credit – you end the contract for any reason after the headset has been dispatched to you or you have received it, you must return it to us.  You must post the headset back to us at Harwood House, 43 Harwood Road, London, SW6 4QP.  Please call email us at hello@livr.co for a return label.  If you are exercising your right to change your mind, you must send off the headset within 14 days of telling us you wish to end the contract.
    3. When we will pay the cost of returning the headset.  Where you are obliged to return a complimentary headset to us, we will pay the costs of return if you ended the contract because:
      1. (a)there was a risk of substantial interruption(s) and/or deterioration in our supply of our VR content;
      2. (b)there was a risk of substantial delay in the delivery of the headset and you had not watched any of our VR content;
      3. (c)our content and/or the headset is faulty or mis-described; or
      4. (d)of something else we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.

  1. Our rights to end or suspend the contract
    1. We may end the contract if you break it.  We may end the contract at any time by writing to you if:
      1. (a)where you have a Paid Subscription, we are unable to take payment from your chosen credit or debit card.  Alternatively, we may suspend the contract (and access to our content) until you update your card details (if we do this, we will write to you to let you know);
      2. (b)you otherwise breach these terms.

In this case, no refunds will be issued.

    1. We may end the contract if you fail to collect the headset.  Where you have requested a headset but no one was available to take delivery of the headset and you do not collect the headset from the local depot and – despite our reasonable efforts – we have been unable to arrange collection, we may end the contract by writing to you.  In this case, we will refund any Credits unused at termination of the contract.
    2. We may end the contract for any reason.  We may end the contract by writing to you to inform you at least one whole month in advance.  In this case, we will refund any Credits unused at termination of the contract.
  1. Automatic termination of the contract
    1. Expiry of Promo Tokens.  If you fail to use a Promo Token prior to the removal of the relevant Charged Performance from our content library, that Promo Token shall expire and the contract relating to that Promo Token shall automatically terminate.
    2. Expiry of Gift Subscriptions.  In respect of a Gift Subscription, once all of the Credits issued under that Gift Subscription have been used, the contract relating to that Gift Subscription shall expire.
  2. Refunds
    1. How we will issue refunds.  Where a refund is due, we will refund you (or the person who bought the Gift Code for you, where applicable) using the credit or debit card you/they used for payment.
    2. When your refund will be made.  We will make any refunds due to you (or the person who bought the Gift Code for you, where applicable) as soon as possible.  If you are exercising your right to change your mind then the refund will be made within 14 days of your telling us you have changed your mind.
    3. Promo Credits.  In no circumstances will refunds be issued in respect of unused Promo Tokens.
    4. Gift Subscriptions.  Where you subscribed using a Gift Code and we are obliged to refund you for any unused Credits, this includes Credits not yet issued to you.  For example, if:
      1. (a)you redeemed a 6-month Gift Code on 15th January;
      2. (b)terminated the contract for the Gift Subscription under clause 16.2 on 25th April; and
      3. (c)on termination of the contract, you had only used two Subscription Credits (and had not purchased any Additional Credits),

we would issue a refund in respect of four Subscription Credits.

  1. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either:
      1. (a)it is obvious that it will happen; or
      2. (b)at the time the contract was made, both we and you knew it might happen.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability:
      1. (a)for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors;
      2. (b)for fraud or fraudulent misrepresentation;
      3. (c)for breach of your legal rights in relation to our content and the headset (where you ordered one), including the right to receive products that are:
        1. as described and match information we provided to you and any sample or model seen or examined by you;
        2. of satisfactory quality; or
      4. (d)for defective products under the Consumer Protection Act 1987.
    3. When we are liable for damage to your property.  If defective content or a headset that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.  However, we will not be liable for damage that:
      1. (a)you could have avoided by following our advice to apply an update offered to you free of charge; or
      2. (b)was caused by you failing to:
        1. correctly follow installation and/or operation instructions; or
        2. have in place the minimum system requirements advised by us.
    4. We are not liable for business losses.  We only supply our content and headsets for domestic and private use.  If you use our content or a headset we supplied for any commercial, business or re-sale purpose, we will have no liability to you for any:
      1. (a)loss of profit;
      2. (b)loss of business;
      3. (c)business interruption; or
      4. (d)loss of business opportunity.
  1. How we may use your personal information

We will use the personal information you provide to us and which we collect as set out in [our privacy policy].  [Insert as link to policy.]

  1. Other important terms
    1. Changes to the terms.  From time to time, we may make changes to these terms and/or our platform.  We will inform you in writing of any change and when it will take effect at least one whole month in advance.
    2. We may transfer this contract to someone else.  We may transfer our rights and obligations under these terms to another organisation. We will inform you in writing of any changes and when they will take effect at least one whole month in advance.
    3. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    4. Nobody else has any rights under this contract.  This contract is between you and us.  No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    5. If a court finds part of this contract illegal, the rest will continue in force.  Each clause of these terms operates separately.  If any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
    6. Even if we delay in enforcing this contract, we can still enforce it later.  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    7. Which laws apply to this contract and where you may bring legal proceedings.  These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.