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Terms of Service

Drive Chat Pty Ltd – Terms of Service

At Drive Chat Pty Ltd (‘DC’) one virtue that we strongly uphold is our utmost respect to ethical dealings with our customers. We also respect the privacy of our valued users.

The following Terms of Service binds all users of DC’s website (Livechatmonitoring.com) and Live Chat Services as well as affiliated companies of such users. Should you have any comments or questions, you may address your concerns to our customer service department at:

customerservice@drivechat.com.au or

Drive Chat Pty Ltd
Level 14, 380 St Kilda Road
Melbourne VIC 3004

Tel: 1800 548 324

Drive Chat
340 S Lemon Avenue
Los Angeles, CA 91789 USA

Tel: (213) 283-0782

Drive Chat

Kemp House, 152-160 City Road, London.  EC1V 2NX

Tel:  0203 608 8606

  1. Acceptance of Terms of Service
    • Everytime you use and access Drive Chat Pty Ltd’s website (Livechatmonitoring.com) and/or purchase live chat services from DC (hereinafter referred to together as the SERVICE), you agree to be bound by these TERMS OF SERVICE and our WEBSITE PRIVACY POLICY and all modifications thereto, and any other conditions that may be published by DC from time to time with or without notice to you. Your usage of the modified versions of the Service confirms your acceptance of, and therefore is automatically subject to these Terms of Service.
    • In the event that you do not agree to or accept ALL of the Terms and Conditions contained in these Terms of Service, you may not use the Service in any manner and must cease using the website immediately.
  2. OBLIGATIONS UNDER GDPR AS DATA PROCESSOR
    • How we Receive Data. We may act as Data Processor and process Personal Identifiable Information received from you or directly from your clients on your behalf, as defined by the General Data Protection Regulation (‘GDPR’). Data may be provided to us:
  3. When you are using the Service via our website Livechatmonitoring.com; or
  4. When your clients are using the Service, which has been installed on your own website and is accessed by your clients there; or
  5. Obtained in any other way, including but not limited to, SMS, e-mail or by telephone.
    • Storage of Data. Transcripts of chats using the live chat software is stored for approximately 60 (sixty) days before it is deleted. You must notify us no later than thirty (30) days after the date on which the chat has occurred in order to be provided with a saved copy.
    • We use Zendesk to process the chat transcripts.   The data is stored for a maximum of 2 (two) years following the date on which the chat occurred.
    • In all cases, where you terminate the Services and require:
  6. a copy of the chat data or any other data processed by us;
  7. deletion of the chat data or any other data processed by us

you must notify us in writing of this requirement immediately on termination.

  • In the absence of any statutory requirement to retain the information provided for a longer period, we will cease processing and delete all information provided to us no later than 2 (two) years following receipt of such data.
  • Assistance DC will use reasonable endeavours to assist you when you have received a Subject Access Request that relates to Personal Identifiable Information which we process for you. DC will also provide reasonable assistance to you in ensuring Data Subjects are able to exercise all rights that they are entitled to under GDPR when you act as their Data Controller and we are your Data Processor in respect of such data.
  • DC will use reasonable endeavours to assist you in your obligations in relation to security of processing, notification of personal data breaches and data protection impact assessments. In the event of a data breach by DC, on discovering the breach we will immediately notify you using the contact details provided to us by you for the submission of notices.
  • Written Instructions. DC will only act on your written instructions as Data Controller when you make requests under these Terms of Service.
  • Audits and Inspections. DC will assist and provide you with all reasonable information, if requested to do so, for the purposes of auditing the Services provided to you.
  • Records. DC will keep adequate records of its processing activities in accordance with Article 30.2 of the GDPR.
  • EU Representative. DC has appointed a representative within the European Union in accordance with Article 27 of the GDPR. Details of this representative can be provided on request.
  1. USER ACCOUNT
    • You acknowledge and agree that you hold the sole responsibility for keeping and maintaining the confidentiality of your user account, as well as all other personal and sensitive information contained therein. You are solely responsible for all data of any kind, whether code, text, software, music, photography, video, materials or other content that are made available publicly or privately. In addition, it is your sole responsibility to regularly check all activities in your user account. You agree to notify DC immediately of any unauthorized use of your account at customerservice@drivechat.com.au. Drive Chat Pty Ltd assumes no responsibility for any loss or damage to you or any third party incurred as a result of any unauthorized use and/or access to your user account.
  2. Conditions and Restrictions
    • By using the Service, you agree to use it as an online communications tool or platform for your personal or professional/commercial benefit. By agreeing to use the Service, you explicitly concur that:
      • You openly agree that you will provide complete, real, correct and the latest information as required; and

      • You will not provide, post, upload, transmit, play back or perform in any area of the website, and make available content that may be construed as:
  1. Unlawful and illegal;
  2. Pornographic, obscene, indecent, and/sexually explicit;
  3. Threatening, tortious, extremely violent, harmful, harassing, vulgar, abusive, and hateful;
  4. Defamatory, libellous, offensive, objectionable, and invasive of others’ publicly and privacy rights;
  5. Discriminatory based on sex, sexual orientation, age, race, nationality, religion and/or disability;
  6. Harmful to children/minors;
  7. Violates any copyright, trademark, patent, trade secret, propriety and intellectual property rights of third parties;
  8. Advertising, soliciting and/or promotional materials;
  9. Interfering or disrupting the Service or the operation of LiveChatMonitoring.com;
  10. Infected with software viruses or other computer files and codes that are deleterious and destructive that can destroy or limit the functionality of any computer (hardware and software); or
  11. Impetus to civil rise or criminal liability
    • You may not use the Service to do the following:
  12. Misrepresent your association with any person or entity;
  13. Impersonate or forge any content you provided;
  14. Collect any information about other users;
  15. Offer any service without prior written permission;
  16. Any kind of harassment directed to any person or entity;
  17. Intentionally or unintentionally violate any applicable state, federal, or international laws by performing unlawful activities;
  18. Link to any third-party sites without their prior consent;
  19. Transfer any virus or malware or any similar harmful item;
  20. Pass on unwanted or “spam” mails; or
  21. Deliver any content or service that would contain chain letters, pyramid schemes or any form of unauthorized commerce, advertising and marketing
    • You are prohibited to do any of the following:
  22. Copy, modify, adapt, disassemble, decompile, duplicate, reproduce, reverse engineer, and/or translate the source code and/or the content of Livechatmonitoring.com and/or the Service;
  23. Merge Livechatmonitoring.com or any of the software used by the Service with another program;
  24. Rent, lease, sublicense the Service or any part of it unless you are an authorized partner of DC and who has entered into a Partner’s Agreement;
  25. Reformat DC’s content, code, or other propietary material on Livechatmonitoring.com;
  26. Create fake user accounts;
  27. Use devices to index, retrieve and interface Livechatmonitoring.com and/or the Service;
  28. Use the Service in any unauthorized commercial purposes other than those contained in these Terms of Service;
  29. Use the Service in any manner that would damage, overburden, immobilise, or impair Livechatmonitoring.com;
  30. Use the Service to harass or interfere with the enjoyment of other users; or
  31. Disobey any applicable policies of networks affiliated with DC or Livechatmonitoring.com
    • DC reserves the right to suspend or cease the operation of the Service from time to time at our sole discretion. We reserve the right to prevent or suspend your access to the Service if you do not comply with any part of these Terms of Service or any applicable law.
  32. DISCLAIMER of Warranties
    • The Service provided to you by DC on and via Livechatmonitoring.com is on an “AS IS, AS AVAILABLE” basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the website, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose. DC does not warrant:
  33. That the Service will be at all times available, timely, secure, error-free, and uninterrupted;
  34. That the Service will meet your requirements and expectations, or any content obtained by you through the use of the Service will be legal, reliable and correct; and
  35. Merchantability or fitness for a particular purpose. DC disclaims any warranties for any damages or injury caused by the use of the Service including but not limited to the result of any misdelivery or untimely transmission of information, error, omission, failure to back up, interruption, deletion, defect, failure of performance and operation, computer malware, theft, fraud, unauthorized access, and alteration of user content. DC  similarly disclaims delay and failure in performance as a result of (but not limited to) communication line disruption, acts of God, war, power outage, strikes, orders of domestic or foreign courts, non-performance of third parties, and other causes beyond DC’s control.
  36. Intellectual Property Rights
    • By using the Service, you acknowledge and agree that DC is the sole owner of Livechatmonitoring.com and the Service without limitation. DC owns all legal right, title and any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) which exist in Livechatmonitoring.com and the Service. You further acknowledge that you are not entitled to use, remove, transfer or alter any of DC’s title, trademarks, trade names, service marks, logos, domain names and other distinct brand features of DC and/or Livechatmonitoring.com. You agree that by using the Service, no title to the Intellectual Property will be transferred to you. The full ownership rights will remain as exclusive property of DC.
  37. Content License
    • By using the Service, you give DC a permanent, conclusive, universal, royalty-free, and non-exclusive right to use in any manner the content you submit or made available on or through the Service, where such content does not constitute Personal Identifiable Information as defined under the General Data Protection Regulation (‘GDPR’). This irrevocable right is for the sole purpose of enabling DC to provide the Service. This right does not give DC license to make such content available to third parties without your consent.
  38. Third Party Content

You acknowledge and agree that DC will not bear responsibility for third party content or services.  DC will not be in any manner liable for any of your dealings with third parties.

  1. Limitation of Liability
    • You explicitly understand and agree that DC will not be responsible for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages including but not limited to damages for loss of business profits, business interruption, loss of programs, loss of data (including Personal Identifiable Information) and the like, or any other intangible losses, resulting from the use of the Service, the inability to use the Service, or any other service-related matters, even if DC has been informed of the possibility of such damages.
    • liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the Service.
    • DC does not exclude or limit liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on Livechatmonitoring.com or for any other statutory rights which are not capable of being excluded.

 

 

  1. Indemnification
    • You acknowledge and agree to indemnify and hold harmless DC, its site editors, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any costs, expenses, proceedings, actions, losses, damages, liabilities, claims or demands including reasonable legal fee made or filed by any third party due to or arising out of your conduct or connection with the Service, use of the Service, your provision of content, your violation or breach of the Terms of Service or Privacy Policy, or your violation or breach of any rights of any other person or party.
  2. Notification of Copyright Infringement
    • If you believe that your property has been copied in a way that constitutes copyright infringement or a violation of your intellectual property right, please provide DC with the following information:
  3. A physical signature of the authorized person to act on behalf of the copyright owner;
  4. A clear report of the property that you claim has been infringed;
  5. A narrative description of the location on the website of the infringed copyrighted work;
  6. Your mailing address, email address and contact number;
  7. A statement that the disputed use is not authorized by the copyright owner and that all information in the statement is accurate

Email these details to the site administrator at: customerservice@drivechat.com.au

  1. Termination
    • You may terminate our Service at any time by providing thirty (30) days prior written notice. Final invoices will be issued for the last calendar month in which you use the Service.  DC, in its sole discretion, reserves the right to terminate your use of the Service, permanently or temporarily, at any time for any reason immediately upon written notice to you. Upon termination, you will immediately cease all use of the Service and use of any documentation provided to you.
  2. Refunds Policy
    • By using the Service, you acknowledge and agree that:
  3. All purchases are final;
  4. No refunds will be given for the unused part of your subscription period;
  5. No refunds will be given in the event of cancellation of the Service; and
  6. No refunds will be given in the event of termination of Service due to violation or breach by you of the Terms of Service
  7. DATA PROTECTION
    • DC shall procure that its employees, agents and contractors are subject to confidentiality provisions and shall observe the provisions of all applicable data protection legislation, including the General Data Protection Regulation (‘GDPR’). If the DC receives personal data (as defined in the GDPR) pursuant to these Terms of Service, DC shall only use it as strictly necessary for the performance of its obligations hereunder.
    • DC shall implement strict and adequate security, technical and organisational procedures in respect of the integrity and confidentiality of any personal data whilst in its possession to ensure that the personal data will not be recorded, disclosed, processed, deleted, altered, used or otherwise tampered with in an unauthorised or accidental manner and to protect the personal data in accordance with the GDPR.
    • If DC is requested to perform any action which is contrary to GDPR or any other data protection law of any Member State of the EU, by a client, employee, contractor or any other person (legal or natural) associated with you as Data Controller, DC will immediately inform you in writing.
    • DC has nominated the ICO as its supervisory authority and will co-operate with the ICO and any other supervisory authority in performance of its tasks as Data Processor, in accordance with Article 31 of the GDPR.
  8. Miscellaneous
    • Terms of Service contains the entire agreement between you and DC, and supersedes and replaces any and all representations, statements, other communications or previous agreements (whether written or otherwise) with respect to the subject matter herein.
    • These Terms of Service constitute the written agreement and instructions to us required by the GDPR as between a Data Controller (you) and a Data Processor (DC). You acknowledge and agree that DC employs subcontractors in order to provide the Service.
    • If any part of these Terms of Service are held unacceptable or unenforceable by a court of a competent jurisdiction, that segment shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining segments shall continue in full force and effect.
    • DC may assign, sublicense or pledge any of its rights and obligations under these Terms of Service to a subsidiary, affiliate, or successor thereof, or to any third party, without prior notice or consent from you.
    • Any waiver by  DC of any breach of these Terms of Service shall not constitute a waiver of any other or subsequent breach. No provision of these Terms of Service may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of DC.
    • The failure of DC to exercise or enforce any right or provision of these Terms of Service does not establish a waiver of such right or provision. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Terms of Service or the Privacy Policy must be filed within one year after the event giving rise to such claim or cause of action or be forever disqualified.
  9. Applicable Law
    • By entering into these Terms of Service, you agree that the statutes and laws of Australia without regard to any principles of conflicts of law, will apply to all matters related to the use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts of Australia.
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