Livin’ Barry Membership Terms and Conditions

1. Platform Overview
Livin’ Barry By Big Lap Bible (referred to in this document as “the platform”) is a membership program operated by Kismet Media Pty Ltd (“Kismet Media”). By signing up for membership and using the platform, you agree that you have read and understood these Terms and Conditions and are bound by them.

You consent to Kismet Media collecting, using and disclosure of your personal information in accordance with the separate Kismet Media Privacy Policy.

Memberships
Memberships can be purchased online via the Livin’ Barry website only (www.livinbarry.com.au).
The barter, trade, sale, purchase, publishing, or transfer of memberships or any of the platform’s offers, merchant discount or redemption codes, or free trials, by any person or entity, including but not limited to travel servicers, travel providers, and printers, third party websites, publishers, and distributors of the Digital Membership, is strictly prohibited, unless expressly authorised by Kismet Media. All Livin’ Barry offers are subject to the Livin’ Barry Rules of Use.

Returns and Refunds
If for any reason you are not satisfied with your Livin’ Barry Membership, you may within 30 days of the commencement of your membership contact us for a full refund. A proof of purchase is required.

All Livin’ Barry products and offers, as well as the products, offers and discounts offered by third parties on the Livin’ Barry Site, are subject to availability.

Kismet Media takes no responsibility for any products, services, or promotions that are discontinued, sold out or temporarily unavailable.

These Terms and Conditions are governed by and will be construed in accordance with the laws of Australia.

2. Defined Terms

Commencement Date: The commencement date of a Livin’ Barry Membership. This is considered to be the date that the first payment was made by the customer.

Livin’ Barry/ Platform: The membership platform offered by Kismet Media which gives members access to discounts from third party Merchant Partners.

Member, Members or Membership: A person who holds a current and active Livin’ Barry membership.

Merchant Partner: A third party merchant that participates in the Livin’ Barry Platform by way of offering and honouring offers and discounts to Livin’ Barry Members.

Offer/Discount: Price, value-add and other offers and price reductions offered by third party Merchant Partners.

3. Becoming A Member

Customers can join the Livin’ Barry platform by choosing a one of three package options online at www.livinbarry.com.au

Memberships are immediately activated upon purchase.

Big Lap Bible Customers – Purchased Prior to 31st August 2021
Customers who purchased the Big Lap Bible via www.biglapbible.com.au or shop.biglapbible.com.au prior to 31st August 2021 are eligible for a free 12 Month Bronze Livin’ Barry Membership. This Membership will automatically expire 12 Months from the Commencement Date. Big Lap Bible Customers need to renew their Livin’ Barry Membership at their own cost if they wish to continue using the Livin’ Barry platform.

Big Lap Bible Customers must provide proof of purchase and activate their Membership by accessing the ‘Big Lap Bible Customer’ sign up registration section at www.livinbarry.com.au. Big Lap Bible Customers are eligible to activate their Livin’ Barry Membership up to 12 months after purchasing the Big Lap Bible. Once 12 months from the Big Lap Bible purchase date has passed, the offer for free membership is expired.

Big Lap Bible Customers – Purchased Prior on or after 1st September 2021
Big Lap Bible Customers who purchased their Big Lap Bible on or after 1st September 2021 will be eligible for a 50% discount on any Livin’ Barry Membership Option. These customers must provide proof of purchase when signing up for Livin’ Barry or purchase a 50% off discount code when buying their Big Lap Bible at www.biglapbible.com.au or shop.biglapbible.com.au.

The 50% off discount code is to be used once only and will be honoured throughout the duration of continuous Membership. If, at any point, a customer cancels their Membership, the 50% discount will become invalid and they will not be able to reactivate their Membership with discount.

Products and pricing are subject to change from time to time.

Non-Big Lap Bible Customers
Unless otherwise stated, Customers who have not purchased a Big Lap Bible will not be eligible for free or discounted Memberships.

4. Membership Options

Customers can opt for one of three membership options; Bronze, Silver and Gold.

Bronze Memberships
Bronze Memberships give the Member access to all of the offers and discounts offered by the third-party Merchant Partners. Access to resources and giveaway entry are not offered in this Membership option.

Silver Memberships
Silver Memberships give the Member access to all of the offers and discounts offered by the third-party Merchant Partners and access to all Livin’ Barry resources housed on the resources page and 1 giveaway entry.

Gold Memberships
Gold Memberships give the Member access to all of the offers and discounts offered by the third-party Merchant Partners and access to all Livin’ Barry resources housed on the resources page and 5 giveaway entries. After 3 months of Membership, Gold Members also receive a Livin’ Barry Merch Pack (the contents of which vary and are not guaranteed in value).

Membership Validity
Livin’ Barry Memberships are valid for 1 month and are automatically renewed on a monthly basis unless cancelled. Membership can be revoked by Kismet Media at any time, in its sole discretion and without compensation, for any reason including but not limited to: abuse or breach of any of the Terms and Conditions of the Platform, any actions deemed by Kismet Media to be contrary to Kismet Media, Livin’ Barry or the interests of its Members or partners or in the case of fraud or misuse.

Membership Renewal
Memberships automatically renew each month and payment is taken for the next month in advance. Customers can opt out of autorenewal by cancelling their Membership.

Membership Cancellation
Memberships can be cancelled at any time and there is no minimum lock-in term. Where cancellations occur mid-month, Customers will be able to use the Livin’ Barry Platform until the end of the month they have paid for.

5. Participation in the Platform
Livin’ Barry Offers can be accessed the Livin’ Barry website and redeemed at Merchant Partners. Livin’ Barry Offers are not transferable, not redeemable for cash and are non-refundable.

Kismet Media assumes no liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to the Platform or by reason of the termination of or amendment to the Platform in whole or in part, the value or availability of Offers, or the addition or deletion of Offers, Merchant Partners or other features with or without notice.

Neither Kismet Media nor its respective officers, agents, employees and related bodies corporate shall be responsible for any failure of the livinbarry.com.au website for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail, online or Internet entry, technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the Platform. Kismet Media reserves the right, at its sole discretion, to cancel or suspend this Platform should a virus, bug or any other cause beyond the reasonable control of Kismet Media corrupt the security or proper administration of the Platform.

Any attempt to deliberately damage any website or app or to undermine the legitimate operation of the Platform is a violation of criminal and civil laws and should such an attempt be made, Kismet Media reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

6. Marketing, Promotions and Personal Information
By enrolling in the Platform, Members will be automatically enrolled into and consent to, receiving marketing communications.

It is the responsibility of the Member to set their own communication preferences by logging into their account and selecting what they wish to receive and not receive or by selecting to opt-out of receiving email communications by selecting unsubscribe on the email footers. Members are responsible for keeping the information in their account up to date including by not limited to their name, e-mail address, mobile phone number and date of birth.

7. Third Party Merchant Partner Offers
Offers are only available at participating Merchant Partners and vary between regions. Offers are for personal use only, and cannot be assigned, traded or otherwise transferred in accordance with the Terms and Conditions of the Program. Any assignment or transfer in violation of these rules will be void, and may, at the sole discretion of Kismet Media, result in the loss of Membership.

By using Offers, the Customer is bound by the separate Terms and Conditions of the relevant third-party Merchant Partner. Kismet Media assumes no responsibility for the dishonouring of Offers by Merchant Partners.

Offers, exceptions and terms and conditions of the Offer vary between Merchant Partners and it is the Customer’s responsibility to check the particulars of each Offer prior to engaging with a Merchant Partner.

8. Competitions and Giveaways

Member Giveaways
Kismet Media will make available to Gold and Silver Members promotions and competitions (collectively, “Competitions”) as part of their Membership. Gold and Silver Members will automatically gain entry to the Member Giveaways. Bronze Members may upgrade their Membership to Silver or Gold if they wish to gain entry to these Competitions. We may publish names of winners of Competition prizes.

Other Giveaways
Kismet Media may on occasion run competitions that are open and available to all Membership options and non-members.

All Competitions
Each Competition will be subject to any individual terms and conditions specified on the Website. However, some of the standard terms and conditions are as follows:
• Awards and prizes must be taken intact as offered and are not transferable, exchangeable or redeemable for cash;
• If a person otherwise entitled to an award or prize is under the age 18, we reserve the right to instead give the award or prize to that person’s parent or guardian;
• If an award or prize is unavailable for any reason, we reserve the right to substitute an award or prize of equal or greater value;
Kismet Media’s decision on all matters relating to a Competition will be final and not subject to challenge or review. Offers may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers. Neither Kismet Media nor our officers, agents, employees and related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered or given as awards or prizes.

9. Privacy
We may disclose to third parties aggregate anonymous statistics regarding our customers, sales, traffic analyses and other information regarding or collected through our websites and printed forms. Other than in this anonymous form, we will not disclose your personal information without first obtaining your permission except as follows:
• We may disclose personal information if required by law or legal process.
• We may disclose your personal information to third parties providing, or assisting us in providing, all information communication technology, website or app development and production functions, website or app analytics, services requested by you and for billing purposes.
• Kismet Media may disclose personal information to an overseas recipient if you are informed and provide consent to the disclosure to the overseas recipient, either through agreement to Kismet Media’s Terms and Conditions and to this Privacy Policy, or through direct notification at a later date; or if it is reasonable to assume that such a disclosure is required under the terms of your purchase; or the disclosure is required or authorised by an Australian court or tribunal or under Australian law. If we send personal information overseas, Kismet Media will take reasonable and practicable steps to ensure that the overseas recipient handles such information in accordance with the Privacy Act.
10. Termination, Changes and Breach
Kismet Media may change these Terms and Conditions, any aspect of the Platform including redemption procedures or any Offers in any respect, all without notice and even though changes may affect the value of Livin’ Barry Memberships already purchased.

11. General
These Terms and Conditions constitute the entire agreement between you and Kismet Media regarding your participation in the Platform, your entitlement to redeem Offers of the Program and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with Kismet Media or its respective officers, agents, employees and related bodies corporate over the Internet, you consent to the formation of contractual relations through electronic communications. Kismet Media has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Platform.

13. Livin’ Barry Membership Rules of Use
Please note: For all dining and accommodation offers it is optional for participating businesses to accept your Livin’ Barry Membership on all official Australian and New Zealand Public Holidays, Mother’s Day, Father’s Day and Valentine’s Day.

Livin’ Barry Membership
Your Livin’ Barry Membership must be active to access and redeem third party Merchant Partner Offers.

13.2. Redeeming Offers
Each Merchant Partner provides information on how to redeem their Offer. If the Merchant Partner states that you can redeem the Offer online, you should use the code provided by the Merchant Partner at the checkout of the Merchant Partner’s website.
If the Merchant Partner stats that you must present a valid membership in store, you visit the Livin’ Barry website via your smartphone and show the Merchant Partner your valid Membership by clicking on the ‘validate’ tab.

Not valid with other third-party offers
Livin’ Barry Offers are exclusive and may not be combined with other third-party discount programs.

Identifying Yourself As A Livin’ Barry Member
It is not necessary to identify yourself as a Livin’ Barry Member, unless the discounter specifically states this in their Offer Terms and Conditions or Redemption Conditions.
Blackout Periods
Livin’ Barry Offers are not generally subject to blackout periods unless specifically stated in the Merchant Partner’s Terms and Conditions or Redemption Conditions.