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Terms of Use

This page contains the terms and conditions on which you may use http://visitor.chat/(the “Website”), whether as a guest or a registered user (the “Terms and Conditions”). The Terms and Conditions are a legally binding contract between you and Visitor Chat and set out your rights and responsibilities when you use the services provided by Visitor Chat, which may include our Website and any of Our services (collectively, the “Services”). You accept these Terms and Conditions when you visit the Website or use any of our Services.


1. ABOUT US

1.1. Visitor Chat (‘Visitor Chat’ or ‘us’ or ‘we’) refers to the owner of the Website whose registered office is:

  • Visitor Chat Ltd
  • Avon Building
  • Droxford
  • SO32 3QY

Our company is registered in England and Wales with the registration number of 09804738 and a VAT registration number of 228859855.


2. CREATING AN ACCOUNT ON THE WEBSITE

2.1. You are required to create an account on Visitor Chat to use the Website’s services.

2.2. You must be eighteen (18) or older to use our Services or visit our Website and use our Services under the supervision of a parent or guardian.

2.3. The information you provide to us must be true and accurate. You are not permitted to use false information or impersonate another person or company through your account.

2.4. You are (or, if you are under eighteen (18), your parent or guardian is) responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person who’s billing information is on the account will ultimately be responsible for all activity.

2.5. It is important to keep your account password secure. If accessing the Website or using the Services via a mobile device, we recommend that you do not jailbreak or root the device.

2.6. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Visitor Chat.


3. YOUR USE OF THE WEBSITE/ OUR SERVICES

3.1. We allow access to our Website and the Services on a temporary basis and we reserve the right to withdraw, restrict or change our Services at any time and without notice. We will not be liable if for any reason the Services are unavailable at any time or if the content is changed or out of date.

3.2. You must treat as confidential any user identification code, password or other security feature in relation to the Website. If, in our opinion, you are not complying with the Terms and Conditions, we have the right to disable any such code, password or feature at any time.

3.3. We grant you a limited, non-exclusive, non-transferable and revocable licence to visit the Website and use the Services subject to the Terms and the following restrictions:

3.3.1. You agree not to violate any laws in connection with your visiting the Website or using the Services. This includes any local, national and international laws that may apply to you.

3.3.2. You agree not to “crawl,” “scrape,” or “spider” any aspect of the Website or the use of the Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the Website or the of the Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website or any of the Services are stored or any server, computer or database connected to the Website. By failing to comply with this provision, you will commit a criminal offence. Your right to access the Website and use the Services will also cease immediately and will report your actions to the relevant authorities.

3.3.3. You agree not to interfere with or try to disrupt the Website or the use of the Services, for example by distributing a virus or other harmful computer code.

3.3.4. The name Visitor Chat and other marks, phrases, logos and designs that we use in connection with our Services, are Intellectual Property of Visitor Chat and you are thus restricted from using them without prior written permission.


4. INTELLECTUAL PROPERTY RIGHTS

4.1. Save as described elsewhere in the Terms, we are the owner or the licensee of all intellectual property rights in the Website and the Services and are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2. You must not use any part of the Website or use the Services for commercial purposes without a licence from Visitor Chat or our licensors. You may not reproduce in any format any aspect of the Website without our prior written consent.

4.3. If, in our opinion, you are in breach of these provisions, your right to use the Website or the use of the Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

4.4. Content that you post to the Website is your content, and includes (but is not limited to) anything you post using the Website such as usernames, profile pictures, photos, descriptions, reviews, comments, videos, etc (“Your Content”). Visitor Chat does not make any claim to Your Content.

4.5. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it or uploading it to the Website. We reserve the right to remove any material that we believe may give rise to any Intellectual Property Right infringement.

4.6. By posting Your Content to the Website, you grant Visitor Chat a licence to use such Content for commercial purposes.By posting Your Content, you grant Visitor Chat a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Website and to promote Visitor Chat in general, in any formats and through any channels, including across any Websites or other Services or third-party Website or advertising medium that is associated with us. Your Content will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties.

4.7. If content that you own or have rights to has been posted to the Website without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Website violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We will notify you in writing if that happens.

4.8. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Website/ the Services.


5. ACCESSING THE SERVICES

5.1. Certain functions of the Website will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider. Visitor Chat cannot take responsibility for the Website or the Services not working at full functionality if you do not have access to an active internet connection.


6. LIMITATION OF LIABILITY

6.1. The Website and our Services are provided without any guarantees, conditions or warranties as to their accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:

6.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

6.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any Websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.2. This does not affect any liability which cannot be excluded or limited under applicable law, including death and personal injury.


7. TERMINATION

7.1. You may terminate your account with Visitor Chat or stop visiting the Website at any time. Terminating your account will not affect the availability of some of your content and any outstanding payments owed to us will still be payable.

7.2. We may terminate or suspend your account (and any related accounts) and your access to the Website at any time, for any reason, and without prior notice.

7.3. If you or we terminate your account, you may lose any information associated with your account, including any content created by you.

7.4. We reserve the right to change, suspend or discontinue any of the Services or the Website at anytime, for any reason. We will not be liable to you for the effect that any changes to the Website or the Services may have on you, including your income or your ability to generate revenue through the Website or the Services.

7.5. The Terms will remain in effect even after your access to the Services is terminated or your use of the Website and the Services ends.


8. INDEMNIFICATION

8.1. You agree to indemnify us from any legal claim or demand that arises from your actions, your use (or misuse) of the Website and our Services, your breach of the Terms and Conditions or your account’s infringement of someone else’s rights.


9. CHANGES TO THE TERMS

9.1. We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by notifying you via the Website, or sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website and the Services following the changes constitutes your acceptance of the updated Terms.


10. JURISDICTION AND APPLICABLE LAW

10.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website.

10.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


CONTACT INFORMATION

If you have any questions about the Terms, please email us at office@visitor.chat


PRIVACY POLICY

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and clients that use our services.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website, we will ask you to consent to our use of cookies when you first visit our website.

1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify and limit the publication of your information.

1.5 In this policy, "we", "us" and "our" refer to Visitor Chat Limited. [ For more information about us, see Section 13.]


2. How we use your personal data

2.1 In this Section 2 we have set out:

(a) the general categories of personal data that we may process;
(b) [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.

2.2 We may process data about your use of our website and services ("usage data"). The usage data may include, your geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

2.3 We may process your account data ("account data"). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, the performance of a contract between you and/or us or taking steps, at your request, to enter into such a contract.

2.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, company address, telephone number, email address and profile pictures. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is legitimate interests, namely the proper administration of our website and business, the performance of a contract between you and/or us or taking steps, at you request, to enter into such a contract.

2.5 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may your name, company name, company address, telephone number, email address. The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, the performance of a contract between you and/or us or taking steps, at your request, to enter into such a contract.

2.7 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

2.8 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

2.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your direct debit details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

2.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.11 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.13 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.14 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.15 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.16 Please do not supply any other person's personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.4 Financial transactions relating to our website and services are handled by our payment services providers, Gocardless. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://gocardless.com/legal/privacy/.

3.5 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.

3.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International transfers of your personal data

4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

4.2 We have offices and facilities in the United Kingdom and the Republic of Ireland. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN

4.3 The hosting facilities for our website are situated in the United States of America. The European Commission has made an "adequacy decision" with respect to the data protection law of this country. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of the website hosting privacy policy you can obtain from https://www.123-reg.co.uk/terms/privacy.shtml

4.4 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5. Retaining and deleting personal data

5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3 We will retain your personal data;

(a) from an enquiry, for a minimum period of two weeks following the collection and a maximum of six months.
(b) if entering into a contract, for a minimum period of two years following the collection, and for a maximum period of the length of our contract following collection.

5.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Amendments

6.1 We may update this policy from time to time by publishing a new version on our website.

6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

6.3 We may notify you of significant changes to this policy by email or through the private messaging system on our website.

7. Your rights

7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.2 Your principal rights under data protection law are:

(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.

7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge (unless the request is manifestly unfounded or excessive so a reasonable fee would apply). Additional copies may also be subject to a reasonable fee.

7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defendce of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.13 You may exercise any of your rights in relation to your personal data by written notice to us.

8. Our details

8.1 This website is owned and operated by Visitor Chat Limited.

8.2 We are registered in England and Wales under registration number 09804738, and our principal place of business and registered office is:

Avon Building,
Droxford,
Southampton.
SO323QY

8.3 You can contact us:

(a) by post, to [the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.

9. Data protection officer

9.1 Our data protection officer's contact details are available by request.