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IMPORTANT - READ CAREFULLY: The LiveCallCentre Live Chat service (the
"Service") is owned and operated by Booking Technologies, and is provided to
you ("You") under the terms and conditions of these LiveCallCentre Live Chat
Terms of Service ("Terms"), which include LiveCallCentre Live Chat's Privacy
Policy and Registration Form, available through the hyperlinks set forth
below and incorporated herein by reference.
1. DESCRIPTION OF SERVICE. The Service provided
by LiveCallCentre Live Chat allows you to enable live chat service in you
web site.
2. REGISTRATION. To use the Service, You must
submit a complete registration form, which is available at
http://www.LiveCallCentre.com (the "Registration Form"), on Your behalf.
As part of the registration process for the Service, You
agree to:
(1) provide certain limited information about You as prompted to do so by the
Service (such information to be current, complete and accurate)
(2) maintain and update this information as required to keep it current,
complete and accurate.
The information requested on original signup shall be
referred to as registration data ("Registration Data").
LiveCallCentre Live Chat will evaluate the registration
application in good faith and will notify You in a timely manner regarding
acceptance or rejection. LiveCallCentre may reject a registration
application if it determines, in its sole discretion, that the user is not
an appropriate subscriber or user of the Service. LiveCallCentre reserves
the right to refuse the Service to any user who has canceled any number of
previous Service accounts. LiveCallCentre need not provide a reason for its
rejection. If LiveCallCentre rejects Your application, then You may reapply
and LiveCallCentre will reconsider the application.
You may not register for this Service if You are under 18 years of age. By
registering for this Service You represent to LiveCallCentre Live Chat
services, that You are 18 years of age or older. Upon acceptance of this
agreement and completion of the registration process You will have opened an
account with LiveCallCentre Live Chat Services and will become a subscriber
for our services.
3. SERVICES
(a) Description of Service.
Booking Technologies makes the LiveCallCentre Live Chat
Service available under a number of different subscription plans. Please
confirm that the plan for which You are registering meets Your needs by
reviewing the "product information pages." To use the Service you will need
to download "Operator Console software.
(b) Fees and Payments.
Your subscription will continue and renew automatically
unless terminated by LiveCallCentre Live Chat services or until You notify
of Your decision to change Your subscription renewal.
If there are any annual, monthly or similar periodic fees for Your
subscription, these fees will be billed automatically to the credit card.
You agree to pay or have paid all fees and charges
incurred in connection with Your subscription for LiveCallCentre.com
(including any applicable taxes) at the rates in effect when the charges
were incurred. All fees and charges are nonrefundable. LiveCallCentre Live
Chat services may change the fees and charges then in effect, or add new
fees or charges, by giving You notice in advance. All fees and charges
incurred in connection with Your user name and password will be billed to
the credit card designated during the registration process for
LiveCallCentre.com or subsequently designated to LiveCallCentre Online
services. You also are responsible for any fees or charges incurred to
access LiveCallCentre.com through an Internet access provider or other third
party service. YOU, AND NOT LiveCallCentre.com, ARE RESPONSIBLE FOR PAYING
ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT
AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign
Your rights or obligations to anyone.
(c) Credit Cards
As a condition to your right to use the Service, You must
provide us with a valid credit card number belonging to you with available
credit sufficient to pay the applicable Service Fees. In the event that you
cancel this credit card or it is otherwise terminated, you must immediately
provide us with a new valid credit card number. You authorize LiveCallCentre
Live Chat services , from time to time, to undertake steps to determine whether
the credit card number you have provided to us is a valid credit card number. In
the event that you do not provide us with a current valid credit card number
with sufficient credit upon request during the effective period of this
Agreement, you will be in violation of this Agreement, and we may terminate this
Agreement with You. LiveCallCentre Live Chat does not accept debit cards for
payment of Service Fees. In the event that you provide us with a debit card
number instead of a credit card number, you authorize us to make all charges
described in this Agreement to your debit card account.
(d) Trial Offers, Coupons, Credits and Special Offers.
LiveCallCentre Live Chat reserves the right to
discontinue or modify coupons, credits and special promotional offers at our
discretion. The Free Trial offer associated with LiveCallCentre website
entitles new, registered subscribers to a one-time free trial usage of the
service. Free Trial terms vary by promotional offer. At the end of the trial
period you will be contacted to make your first payment.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Service.
Your right to use the Service is personal to You. You may be either an
individual or a corporation or business entity, but You agree not to resell
the use of the Service, any downloadable plug-in or other materials or any
information obtained by You without the express written consent of
LiveCallCentre.
(b) Conduct.
You are solely responsible for the content of
Your transmissions through the Service.
(c) Proprietary Rights.
In accordance with Your authorized use of the Service,
LiveCallCentre Live Chat grants You a limited license to use the plug-in
solely in connection with the Service offered by LiveCallCentre Live Chat.
You acknowledge that the plug-in downloaded in connection with the Service
is proprietary to LiveCallCentre Live Chat and may be protected by
copyrights, trademarks, product marks, patents or other proprietary rights
and laws; therefore, You are only permitted to use this plug-in as expressly
authorized by the Service and these Terms. Further, LiveCallCentre Live Chat
logo, and other names, logos, icons and marks identifying LiveCallCentre's
products and services are trademarks of LiveCallCentre Live Chat and may not
be used without the prior written permission of LiveCallCentre Live Chat.
All other product names mentioned are used for identification purposes only
and may be trademarks of their respective holders. You may not copy,
reproduce, distribute or create derivative works of this plug-in without
expressly being authorized to do so by LiveCallCentre Live Chat. Further,
You may not reverse engineer, decompile, alter, modify, disassemble or
otherwise attempt to derive source code from the plug-in. All rights not
expressly granted in these Terms are reserved to LiveCallCentre Live Chat.
5. PRIVACY.
LiveCallCentre Live Chat will not sell or rent Your
personally identifiable information to anyone unless You expressly consent to
disclosures of Your personal identification and other personal information to
third parties.
6. MODIFICATIONS.
LiveCallCentre Live Chat may amend these Terms at any
time by
(i) posting a revised Terms of Service document on
http://www.LiveCallCentre.com and/or
(ii) sending information regarding the Terms amendment to the email address
You provide to LiveCallCentre Live Chat.
�You are responsible for regularly reviewing the
http://www.LiveCallCentre.com site to obtain timely notice of such
amendments. You manifest intent to accept these amended terms if You
continue to use Your membership account after such amended terms have been
posted or information regarding such amendment has been sent to You.
Otherwise, these Terms may not be amended except in writing signed by both
parties. Further, LiveCallCentre Live Chat reserves the right to modify or
discontinue the Service with or without notice to You. LiveCallCentre Live
Chat shall not be liable to You or any third party should LiveCallCentre
Live Chat exercise its right to modify or discontinue the Service.
7. PASSWORDS AND SECURITY.
As part of the registration process, You will use user
name and You will choose Your passwords for access to this account . You agree
to carefully safeguard all of Your passwords. You are solely responsible if You
do not maintain the confidentiality of passwords and account information.
Furthermore, You are solely responsible for any and all activities that occur
under Your account. You agree to immediately notify LiveCallCentre Live Chat of
any unauthorized use of Your account or any other breach of security known to
You, including if You believe that Your password or account information has been
stolen or otherwise compromised.
8. TERMINATION.
LiveCallCentre Live Chat may immediately terminate Your
membership and right to use the Service if (a) You breach these Terms; (b)
LiveCallCentre Live Chat is unable to verify or authenticate any information
You provide to LiveCallCentre Live Chat; (c) such information is inaccurate;
or (d) LiveCallCentre Live Chat decides, in its sole discretion, to
discontinue offering the Service. LiveCallCentre Live Chat shall not be
liable to You or any third party for termination of the Service. You may
terminate Your Account and end Your use of the Service at any time, for any
reason or for no reason. For cancellation instructions, log in to your
account and click on the Billing Info section of your My Account page. Upon
termination of Your account, You shall remain liable for all fees incurred
or accrued by You and any fees you may have paid in advance are
nonrefundable. Upon expiration or termination for any reason, You are no
longer authorized to use the Service or Software. When this Agreement is
terminated and/or Your Account is canceled, You will no longer have access
to data and other material You have stored on the Site and that material may
be deleted by LiveCallCentre Live Chat.
9. Maintenance and Updates.
You understand that LiveCallCentre Live Chat may update
the Software at any time, but is under no obligation to inform You of or
furnish to You any such updates. This Agreement does not grant You any
right, license or interest in or to any support, maintenance, improvements,
modifications, enhancements or updates to the Software or supporting
documentation. To the extent that LiveCallCentre Live Chat supplies any
updates to You, such updates will be deemed to be subject to the terms of
this Agreement unless LiveCallCentre Live Chat indicates otherwise.
LiveCallCentre Live Chat reserves the right to charge fees for any future
versions of, or updates to, this Software.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" BASIS. LIVECALLCENTRE LIVE CHAT EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. LiveCallCentre Live Chat
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES LIVECALLCENTRE
LIVE CHATMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH
THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
(INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM LIVECALLCENTRE LIVE CHAT OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL LIVECALLCENTRE LIVE CHAT OR BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF LIVECALLCENTRE LIVE CHAT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIVECALLCENTRE LIVE CHAT'S
LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED . SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNITY.
You hereby agree, at Your expense, to indemnify, defend
and hold LiveCallCentre Live Chat harmless from and against any loss, cost,
damages, liability or expense arising out of or relating to (a) a
third-party claim, action or allegation of infringement based on
information, data, files or other content submitted by You; (b) any fraud or
manipulation, or other breach of these Terms by You; or (c) any third-party
claim, action or allegation brought against LiveCallCentre Live Chat arising
out of or relating to a dispute between its users over the terms and
conditions of a contract or related to the purchase and sale of any services
13. GENERAL TERMS.
If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. LiveCallCentre Live Chat's failure to act with
respect to a breach by You does not waive LiveCallCentre Live Chat's right
to act with respect to subsequent or similar breaches. You may not assign or
transfer this Agreement or any rights hereunder, and any attempt to the
contrary is void. This Agreement shall inure to the benefit of and be
binding upon each party's successors and assigns. LiveCallCentre Live Chat
shall not be liable for any delay or failure to perform resulting directly
or indirectly from any causes beyond LiveCallCentre Live Chat's reasonable
control.
These Terms constitute the complete and exclusive
understanding and agreement of the parties relating to the subject matter hereof
and supersedes all prior understandings, proposals, agreements, negotiations and
discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically
reviewing the Terms of Service.
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