Welcome to Drive Chat Pty Ltd (referred to as “DC”, “we”, “our”, or “us”). These Terms of Service (“Terms”) govern your access to and use of our live chat services, website, and any associated platforms or tools (collectively, the “Service”). By engaging DC, you agree to be bound by these Terms, our Privacy Policy, and any other applicable policies.
Drive Chat exclusively operates in New Zealand and Australia.
2. Definitions
“Client” refers to the business or entity subscribing to and using the Service.
“End User” refers to visitors or users of the Client’s website or digital platform.
“Service” refers to live chat services provided by DC, including AI-assisted and human agent chat support.
“Agreement” means the contractual arrangement between the Client and DC, including these Terms and any Subscription Plan.
3. Acceptance of Terms
By accessing or using the Service, you acknowledge and accept these Terms in full. If you do not agree to these Terms, you must cease using the Service immediately.
4. Service Scope and Use
The Service is provided for lead capture, customer engagement, and support, based on information provided by the Client. DC does not guarantee any specific results, lead volumes, sales conversions, or chat response times unless otherwise agreed in writing.
5. Client Responsibilities
Clients are responsible for:
– Providing accurate, current, and complete information about their business.
– Ensuring that content shared with DC is lawful and non-infringing.
– Notifying DC of changes to offerings, pricing, or contact details in a timely manner.
6. Account Security
You are responsible for maintaining the confidentiality of your account credentials and all activity under your account. DC is not liable for unauthorised access due to your failure to secure your login information.
7. Intellectual Property
All intellectual property in and to the Service, including but not limited to software, processes, reports, scripts, chat settings, training materials, and designs, remains the exclusive property of DC. No licence or right to use any DC intellectual property is granted except as explicitly agreed in writing.
Unauthorised reproduction, disclosure, modification, or use – particularly in transitioning to a competitor – is strictly prohibited and may result in legal action.
8. Prohibited Conduct
You must not:
– Use the Service for unlawful, fraudulent, harmful, or abusive purposes;
– Interfere with or disrupt the integrity or performance of the Service;
– Attempt to gain unauthorised access to systems or networks related to the Service;
– Use the Service to transmit any viruses or malicious code.
9. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. DC makes no warranties or guarantees, express or implied, regarding:
– Accuracy or reliability of information provided during chats;
– Uninterrupted or error-free operation of the Service;
– Compatibility with third-party platforms or integrations.
All information relayed to End Users is based on Client-supplied data. Clients are solely responsible for verifying accuracy and compliance. DC disclaims liability for any business or financial decisions made based on chat interactions.
10. Limitation of Liability
To the fullest extent permitted by law, DC and its directors, employees, agents, and contractors disclaim all liability for:
– Any errors, omissions, or delays in lead delivery;
– Leads not received or sent to an incorrect or inoperative email address;
– Failures caused by the Client’s hosting, email systems, CRM/API platforms, or third-party tools;
– Changes or removal of chat code by the Client or its contractors;
– Any business decisions made based on information provided during chats;
– Loss of revenue, opportunity, or goodwill due to technical issues or service changes.
Clients accept that the Service involves operational dependencies outside of DC’s control. DC’s maximum aggregate liability under any claim will not exceed the amount paid by the Client in the 30-day period preceding the claim.
11. Indemnity
You agree to indemnify, defend, and hold harmless DC and its officers, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising from:
– Your use or misuse of the Service;
– Your breach of these Terms;
– Any claim by an End User or third party related to your website, content, or conduct.
12. Data Privacy and Protection
DC complies with applicable privacy laws including the Australian Privacy Act and the GDPR where applicable. When processing Personal Identifiable Information (PII) on your behalf, DC acts as a Data Processor. Clients remain the Data Controller.
Chat data is stored for up to 60 days unless otherwise requested. DC will assist with Subject Access Requests and other regulatory obligations upon request.
13. Standard Contractual Clauses (SCCs)
These Clauses form part of the Agreement where GDPR-compliant data processing is required. Both Parties agree to comply with their obligations under the SCCs. DC will promptly notify you of changes in applicable law or legal requirements impacting data processing.
14. Third-Party Services
The Service may involve integration with third-party tools and platforms. DC makes no warranty regarding the performance, reliability, or data handling of third-party services and disclaims all liability for issues arising therefrom.
15. Subscription, Upgrades, Downgrades, Cancellation and Payments
15.1 Subscription and Billing
All services are billed monthly in advance and commence on the 1st day of each calendar month. The service remains active provided all accounts are paid up to date. Where accounts are overdue, DC may suspend functionality (e.g. converting the chat to an email-only tab) until full payment is received.
15.2 Trial Period
Initial trial periods may be offered for a minimum of three months to assist with evaluating the appropriate package level. During this period, clients may still upgrade services with immediate effect.
15.3 Upgrades and Downgrades
Service upgrades requested by the Client will take immediate effect and apply to the current and ongoing billing cycles, with the updated package level continuing until otherwise changed. Downgrades require a minimum of 30 days’ written notice and will take effect from the start of the next calendar month following the notice period. No changes will be applied retroactively or without written confirmation.
15.4 Cancellations and Notice
Clients may cancel by providing 30 days’ written notice. Service and billing will continue through to the end of the notice period, regardless of whether the Client continues to actively use the Service or removes DC’s code from their website during this time.
15.5 Code Removal or Disruption
If the Client removes or modifies the DC chat code, or if there are technical disruptions (e.g. incorrect installation, misconfigured API, email routing issues, or third-party platform failures) that affect service performance, the Client remains liable for full payment of the agreed service package through to the end of any applicable notice period.
16. Lead Management and Communication
DC will take reasonable care to deliver leads to the email addresses and/or API endpoints provided by the Client. However, DC is not responsible for monitoring delivery success or confirming operational status of recipient systems. It is the Client’s responsibility to ensure lead email addresses or integrations provided to DC are accurate, maintained, and functioning. Monthly automated lead summary reports may be provided for visibility but should not be relied upon as a sole record.
17. Force Majeure
DC shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to internet outages, system failures, natural disasters, cyberattacks, acts of war, or changes in law.
18. Changes to Terms
We reserve the right to update these Terms at any time. Updated versions will be posted on our website with the effective date. Continued use of the Service constitutes acceptance of the revised Terms.
19. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising under or in connection with these Terms shall be resolved in the courts of Victoria.
20. Contact Us
For any questions or support, please contact us at:
