Acceptance of Terms & Conditions

The following Terms of Service govern your use of the Live Chat Agent website and all of the products and services offered by Live Chat Agent.

By using the Livechatagent.com.au website or the services provided thereon, you agree to be, and are, bound by these Terms of Service, as well as any additional terms, specific to the particular services for which you register. These Terms of Service may be updated from time to time, so please check back frequently. You acknowledge and agree that your continued use of the Live Chat Agent website and services after any such update signifies your acceptance of such modified Terms of Service.

By using this website, you signify you have read and accepted the Terms of Service of this website and services.

The Live Chat Agent service that provides chat agent service that allows website owners to monitor and chat with visitors on their website is maintained by Xtreme Digital Pty Ltd trading as Live Chat Agent.

1. .The Agreement
   1. An agreement is formed when you apply to acquire a quote or proposal for the service and you accept the quote, proposal or contract. The request may be made over the phone, or emailing one of our staff or by completing an online enquiry for or a quote or proposal sent to you by us or our agents directly via email or in person. The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement.
      
      The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights to our trademarks or service marks.
   2. The agreement will be made up of:
      • Your application;
      • The service description;
      • The quote, proposal and contract or other document provided to you relating to the service during the sales process; and
      • These Standard Terms and Conditions.
   3. If there is inconsistency between any part of the agreement, the inconsistency will be resolved according to the following order of priority:
      • The quote or proposal;
      • The service description;
      • these Standard Terms and Conditions; and then
      • your application.
2. .Period of the Agreement
   1. The agreement commences when you or your business staff accept the quote or proposal provided by us.
   2. For contracts other than fixed period contracts, the agreement will continue until it is terminated by either party by providing 30 days written notice or otherwise in accordance with the agreement.
   3. For fixed period contracts, the agreement will continue:
      • for the minimum contract period referred to in your quote or proposal or in the service description; or
      • until it is terminated in accordance with termination clause.
   4. If neither you nor we cancel the agreement at the end of the fixed period contract, we will continue to supply the service to you on a month-to-month basis.
   5. If we will not continue to provide the service to you at the end of the fixed-period contract or if we wish to change the terms of the agreement, including charges, we will inform you of this at least 30 days before the end of the fixed period contract.
3. .Changes to the Agreement
   1. We may change the agreement in the following circumstances:
      • Where you agree to the change;
      • Where the change will not adversely affect you and, before the changes take effect, we have given you notice of the change;
      • Where the change is in relation to volume of chats or traffic to the site before the changes take effect, we have given you notice of the change;
      • Where the change is to introduce or vary a fee or charge to pass on a tax or levy imposed by law and, before the changes take effect, we have given you notice of the change;
      • Where the change is to introduce or to vary a charge associated with service where we rely on a third party for the service and the third party increases its price to us and, before the changes take effect, we have given you reasonable notice of the change;
      • If the agreement is a fixed period contract and the change is adverse to you, and we provide to you not less than 21 days' notice of the change.
   2. We may withdraw any service/packages at any time by giving you notice but such withdrawals will only take effect from the end of your then current fixed-period contract.
   3. Notice of a change to the agreement may be given by us:
      • by email to your nominated account email address,
      • with or as part of a bill, or
      • otherwise in writing, including by fax or mail.
   4. Changes to these standard terms or a service description will be made available online and you are encouraged to check our website regularly.
   5. If we change the agreement under clause 3.1(f), you may cancel the agreement within 30 days of the date of the notice without incurring charges,
   6. Your ongoing use of the service after the date of a variation, alteration, replacement or revocation or on the expiry of the 30 day period, is deemed acceptance of the variation, alteration, replacement or revocation.
4. .Minimum Contract Period
   1. The minimum contract period is the minimum fixed period during which you must acquire the service. The minimum contract period may be specified in your quote or proposal. The minimum contract period commences when the service is activated.
   2. Once the Minimum Contract Period is over, your service will continue to renew automatically, and you will continue to be charged for the service, until such time as you or we cancel the service by giving 30 days notice.
5. .Billing and account payment
   1. Where we have agreed to issue bills, we will send to you by mail or email notification a tax invoice at the beginning or end of billing periods unless the quote or proposal stipulates otherwise. You must pay all outstanding amounts by the due date as shown on your tax invoice.
   2. Payments may be made to us through our available payment methods. Service fees and charges may apply for some available payment methods. We will apply payments made by you against outstanding tax invoices at our discretion.
   3. Where in our opinion you have a reasonable claim or dispute with an invoice or a debit, we will suspend our collection or recovery processes until a determination on your claim or dispute has been made. We will reimburse any incorrectly debited amount as soon as reasonably practicable.
   4. If you have failed to pay to Live Chat Agent an amount which is due, we may following appropriate notice to you refer the debt to a third party collections agent for the purpose of collection activity. You must pay all costs, charges and expenses that we may incur in relation to our attempts to recover all debts due by you to us, including accounting, mercantile agents costs and interest.

Conditions and Restrictions

By using the Service, you agree to use it as 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 latest information as required.
• 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 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 Live Chat Agent;
  10. Infected with software viruses or other computer files and codes that are deleterious and destructive that can destroy or limit the function 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:
  1. Misrepresent your association with any person or entity;
  2. Impersonate or forge any content you provided;
  3. Collect any information about other users;
  4. Offer any service without prior written permission;
  5. Any kind of harassment directed to any person or entity;
  6. Intentionally or unintentionally violate any applicable state, federal, or international laws by performing unlawful activities;
  7. Link to any third-party sites without their prior consent;
  8. Transfer any virus or malware or any similar harmful item;
  9. Pass on unwanted or “spam” mails; or
  10. 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 to Live Chat Agent:
  1. Copy, modify, adapt, disassemble, decompile, duplicate, reproduce, reverse engineer, and/or translate the source code and/or the content of the Service;
  2. Merge Live Chat Agent with another program;
  3. Rent, lease, sublicense the Service or any part of it unless you are an authorized partner of Live Chat Agent who entered into a Partner's Agreement;
  4. Reformat Live Chat Agent;
  5. Create fake user accounts;
  6. Use devices to index, retrieve and interface the Service;
  7. Use the Service in any unauthorized commercial purposes other than those contained in this Agreement;
  8. Use the Service in any manner that would damage, overburden, immobilise, or impair Live Chat Agent;
  9. Use the Service to harass or interfere with the enjoyment of other users; or
  10. Disobey any applicable policies of networks affiliated with Live Chat Agent

Disclaimer of Warranties

The Service provided to you on and via this website is on an “AS IS, AS AVAILABLE” basis. There is no warranty of any kind, whether expressed, implied or statutory. Without limiting the foregoing, Live Chat Agent does not warrant you (but not limited to) any of the following:

Xtreme Digital Pty Ltd, its site editors, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT , INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE TAWK.TO WEB SITE OR SERVICES, THE CHAT SOFTWARE, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE; OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE LIVE CHAT AGENT WEB SITES OR SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XTREME DIGITAL PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL XTREME DIGITAL'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH TERRITORIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE LIVE CHAT AGENT WEBSITES AND SERVICES.

Without limiting the foregoing, Xtreme Digital is not responsible for any of your data residing on their hardware. You are responsible for backing-up your data and information that may reside on Xtreme Digital's hardware, whether or not such information is produced through the use of the Live Chat Agent website or services.

By using the service, you acknowledge and agree that Live Chat Agent is the sole owner of the Service without limitation. Live Chat Agent owns all legal right, title and any intellectual property rights which exist in the Service. You further acknowledge that you are not entitled to use, remove, transfer or alter any of Live Chat Agent's title, trademarks, trade names, service marks, logos, domain names and other Live Chat Agent distinct brand features. 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 Xtreme Digital Pty Ltd.

Termination

If either party wishes to terminate the contract for services, they may do so by:

1. Providing with thirty (30) days' notice of your intention to terminate; if you are on perpetual billing not bound with any existing contracts.
2. Providing ninety (90) days' notice of your intention to terminate; before the end of the 12 month contract.
3. The service may be terminated at any time by mutual agreement, that is: where the client and Supplier agree together to end the agreement without further liability.

The agreement must be in writing and signed by both parties, specifying the date when all liabilities end, and the service must be terminated on the agreed date for the mutual termination to be valid.

Suspension/Disconnection of the service

If your fixed period contract has expired or you are on a month-to-month contract, you or we may disconnect the service and cancel the agreement at any time by giving 30 days notice.

(b) you have not paid charges when due and have not remedied that failure within what we consider to be a reasonable time;

we believe it is necessary to comply with our legal obligations;

you verbally abuse, attempt, threaten or cause harm to any staff, equipment or network infrastructure of ours or any of the service networks.

We are not liable to you or any person(s) claiming through you for any loss or damage arising from suspension or disconnection of your service in accordance with this clause.

Applicable Law

You expressly understand these Terms of Service and any disagreement arising out of your use of the Service will be governed by and applied pursuant to local laws at the applicable domicile. By using the Service, you accept that power is granted to the courts having jurisdiction over the user's domicile. Any dispute will be heard by the said courts.

Refunds Policy

By using the Service, you acknowledge and agree that:

1. All purchases are final;
2. No refunds will be given for the unused part of your subscription period;
3. No refunds will be given in the event of cancellation of the Service
4. No refunds will be given in the event of termination of Service due to violation of the Terms of Service

The Terms of Service contains the entire agreement between you and Live Chat Agent, and supersedes any and all previous agreements with respect to the subject matter hereof, either oral or written. If any part of this agreement is held unacceptable or unenforceable, 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 effect. Live Chat Agent may assign, sublicense or pledge any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party, without prior notice or consent from you. Any waiver by Live Chat Agent of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of Live Chat Agent. By entering into this agreement, 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. The failure of Live Chat Agent to exercise or enforce any right or provision of the 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.

Data Protection

Above all else, when it comes to Data Protection –Live Chat Agent prioritizes customer privacy and trust.

As the controller of your customers information - You own your data. Live Chat Agent processes it for you, as part of operating the Live Chat Agent services, though at no stage in the collection, storage and retrieval of data does any other entity own your data, other than you.

We do not undertake any data mining, all data is encrypted at rest, and we have absolutely no need or requirement to have access to your data, for any purpose other than providing, maintaining and improving Live Chat Agent services and as otherwise required by law.

Live Chat Agent And Who We Work With

We may share your personal information within the company.

We also work with a number of other companies, and in certain circumstances may share personal information with them too.

We work with third parties to provide some types of business and customer support. They may have access to systems that include personal information. These companies are subject to strict controls that protect your information from unauthorised use or disclosure, and limit their access to your personal information to the extent necessary to do their job.

Our Service may require us to use third party web sites or services or applications that are not owned or controlled by Live Chat Agent. Live Chat Agent has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services or applications.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you see below, and to exercise due diligence.

Live Chat Agent / Service Providers & Subprocessors

Access to personal information from overseas

Some of the parties mentioned above are located overseas, but again, we only give them secure access to the personal information they need to do their job. These overseas companies are involved in providing services like data processing, reporting and customer and technical support, and they do it from countries like Singapore, India and the Philippines.

Live Chat Agent maintains effective control of your information at all times, including by ensuring that parties located overseas are subject to strict controls that limit access and subsequent handling of your information to the extent strictly necessary to perform the relevant function and protect your information from unauthorised use and disclosure.

Our Security Standards

• Secure work environments and workflow systems that prevent unauthorised access and copying of your personal information.
• Secure server and closed network environments.
• Encryption of data in transit (SSAE16 standard)
• Virus scanning tools.
• Management of access privileges, to ensure that only those who really need it can see your personal information.
• Ongoing training and security reviews.
• We don't save, store or backup any personal information for more than 60 days after the chat.
• Once a chat session finishes and the lead details along with chat transcript is delivered we don't access the information unless it is asked by the client.
• We purge all personal data every 60 days of transmitting the data to the client via email and lead in their CRM

Data Deletion

An automated process will begin that permanently deletes your Service Data after 60 days of chat lead delivery. Once commenced, this process cannot be reversed and Service Data will be permanently deleted