Terms of Service

Live Chat Monitoring Pty Ltd – Terms of Service

1. Introduction

Welcome to Live Chat Monitoring Pty Ltd (‘LCM’). We are committed to providing our clients and their website users with exceptional live chat services, always with a high regard for ethical dealings and privacy.

2. Acceptance of Terms

By accessing and using the services provided by LCM, including our website and live chat services, you agree to these Terms of Service, our Privacy Policy, and any amendments thereto. If you disagree with any part of these terms, you must cease using our services immediately.

3. Limitation of Liability

Live Chat Monitoring Pty Ltd (LCM) and its affiliates, including officers, employees, agents, partners, and licensors, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if LCM has been advised of the possibility of such damages), resulting from:

  • the use or the inability to use the service;
  • Unauthorized access to or alteration of your transmissions or data;
  • Conduct or content of any third party on the service;
  • Any content obtained from the service; and
  • Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

This also extends to any loss or damage due to malware, viruses, or other malicious software that may affect a user’s equipment, software, data, or other property as a result of accessing, using, or downloading from our service. LCM is not liable for any loss or damage arising from the failure to follow instructions relating to the service’s use. Furthermore, LCM shall not be liable for any loss or damage arising from reliance on any third-party providers or platforms used in conjunction with our services.

4. Termination and Cancellation Policy

Clients may cancel their monthly subscription service with LCM by providing 30 days written notice of their intent to cancel. Upon receipt of cancellation notice, the service will terminate at the end of the following calendar month. For example, if a client submits a cancellation notice on February 12th, their service and billing will cease at the end of March.

5. Refund Policy

LCM does not provide refunds or credits for any cancellations, including for unused portions of the service, allocations of leads, or credits, regardless of the cancellation notice period. All sales are final once a client subscribes to a service period, and no refunds or credits will be issued for any partial or unused service period.

6. Intellectual Property Rights

All intellectual property rights related to the services provided by LCM, including but not limited to software, content, scripting, settings, reports, designs, documentation, training materials, processes, methods, and service marks, are and shall remain the exclusive property of Live Chat Monitoring Pty Ltd. Clients, end users, or any third parties are strictly prohibited from copying, replicating, reverse engineering, borrowing, or using LCM’s intellectual property without express written permission. Unauthorized use, sharing, or disclosure, especially in cases of transitioning to a competitor, is expressly forbidden and may result in legal action to protect LCM’s rights and interests.

7. General Disclaimer

LCM disclaims liability for any errors, omissions, or inaccuracies in the service provided, including any direct or indirect consequences of using our services. This includes data loss, leaks, or breaches occurring in connection with our services or third-party platforms.

8. User Account Responsibility

You are responsible for maintaining the confidentiality of your account and for all activities under your account. Notify LCM immediately of any unauthorized account use.

9. Conditions and Restrictions of Use

The service must be used ethically and legally. Prohibited uses include distributing harmful or illegal content and engaging in fraudulent practices.

10. Data Protection and Privacy

We commit to protecting user privacy and ensuring compliance with GDPR and other relevant laws. Our practices are detailed in our Privacy Policy.

11. Changes to Terms of Service

LCM reserves the right to modify these Terms at any time. Continued service use after changes constitutes acceptance of the new Terms.

12. Governing Law

These Terms are governed by the laws of Australia, and any disputes will be subject to the jurisdiction of Australian courts.

13. General Disclaimer

LCM is not liable for any actions, omissions, errors, or inaccuracies arising from the use of our service, including any damages, loss, or failure resulting directly or indirectly from the reliance on the service provided. This includes protection against any liability related to data loss, leaks, or breaches that occur directly or indirectly under any circumstances.

14. Standard Contractual Clauses (SCCs)

This Schedule forms part of the Subscription Agreement between Live Chat Monitoring Pty Ltd (‘LCM’) (“Data Processor”) and our Client (“Data Controller”), collectively referred to as “Parties”.

14a. SCC Definitions

For the purposes of these Clauses:

(i) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’, and ‘supervisory authority’ shall have the same meaning as in the GDPR;

(ii) ‘the data exporter’ means the controller who transfers the personal data;

(iii) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these Clauses and the Agreement;

(iv) ‘Clauses’ means these Standard Contractual Clauses.

14b. SCC – Obligations of the Data Exporter

The data exporter warrants and undertakes that:

(i) The processing of personal data, including the transfer itself, has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law;

(ii) It has instructed, and throughout the duration of the data processing services will instruct, the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and these Clauses;

(iii) It will ensure compliance with the security measures as set out in the Agreement.

14c. SCC – Obligations of the Data Importer

The data importer warrants and undertakes that:

(i) It will process the personal data only on behalf of the data exporter and in compliance with its instructions and these Clauses;

(ii) It has implemented the technical and organizational measures necessary to ensure an appropriate level of security;

(iii) It will promptly notify the data exporter about any changes to legislation in its country that might adversely affect the rights of the data subjects or the data importer’s obligations under these Clauses.

14d. Liability and Third-Party Rights

The Parties agree that any data subject who has suffered damage as a result of any breach of these Clauses by either Party or sub-processor is entitled to receive compensation.

14e. Law Applicable to the Clauses

These Clauses shall be governed by the law of the Member State in which the data exporter is established.

14f. Resolution of Disputes

Any disputes arising from these Clauses shall be resolved by the courts of the Member State in which the data exporter is established.

14g. Termination

These Clauses will terminate in conjunction with the termination of the Agreement, without prejudice to any rights or remedies of the Parties under these Clauses, the Agreement, or any applicable law.

15. Acceptance of Terms and Conditions

By using our services, you consent to the practices described in these Terms and Conditions. We encourage regular review of our Terms and Conditions as well as our Privacy Policy for the latest information on our practices.

16. Contact Us

For enquiries or support, contact our customer service department at customerservice@livechatmonitoring.com

 

Updated: 20th February, 2024.