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Terms of Use

  • 1.1 Parties. These terms of use (“Terms”) are a legally binding contract between you, our website visitor and/or live chat service user (“you”, “your”) and us, Visitor Chat Ltd (company number 09804738, VAT registration number 228859855) of Avon Building, Droxford, SO42 4QY (“we”, “us”, “our”).
  • 1.2 Scope. These Terms set out your rights and responsibilities when you use our website at http://visitor.chat/ (the “Website”) and/or our live chat services (the “Services”). We may transfer our rights and obligations under these Terms to another organisation and we will tell you if we do this.
  • 1.3 You are bound by these Terms. You are deemed to accept these Terms when you visit our Website or use any of our Services. If you do not agree to these Terms then you must not use our Website or Services.
  • 1.4 Privacy information. For information about how we process your personal data, please refer to our Privacy Policy at https://visitor.chat/privacy/.
  • 1.5 Terms and conditions of sale. Our standard terms and conditions of sale will apply if you purchase goods or services from us.
  • 2 AVAILABILITY OF OUR WEBSITE AND SERVICES
  • 2.1 Updates. These Terms were last updated 31 July 2020 and may be further amended from time to time. Each time you wish to use our Website or Services, please check these Terms to ensure you understand your rights and responsibilities.
  • 2.2 We may suspend or withdraw our Website and Services. Our Website is made available to you free of charge. Unless we have entered into a separate agreement with you, we do not guarantee that our Website or Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website or Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  • 3 USE OF OUR WEBSITE, SERVICES AND ACCOUNTS
  • 3.1 Age restrictions. Our Website and Services are not intended for use by children. You must be 18 years or older to access or use our Website and Services.
  • 3.2 Accuracy of information. The information you provide to us must be true and accurate. You are not permitted to use false information or impersonate another person or organisation.
  • 3.3 You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
  • 3.4 Disabling accounts. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
  • 3.5 Do not rely on information on our Website and Services. The content on our Website and Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or Services. Although we make reasonable efforts to update the information on our Website and Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or Services is accurate, complete or up to date. Information on our Services may be supplied to us by third parties and we accept no responsibility for errors or omissions in that information.
  • 3.6 We are not responsible for websites we link to. Where our Website or Services contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • 3.7 We are not responsible for viruses and you must not introduce them. We do not guarantee that our Website or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website and Services. You should use your own virus protection software. You must not misuse our Website or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website or Services, the server(s) on which they are stored or any server, computer or database connected to our Website or Services. You must not attack our Website or Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use our Website and Services will cease immediately.
  • 3.8 Rules about linking to our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
  • 4 USE OF MATERIALS ON OUR WEBSITE AND SERVICES.
  • 4.1 Unless otherwise described elsewhere in these Terms, we are the owner or the licensee of all intellectual property rights in our Website and Services, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • 4.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our site.
  • 4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way unless they are your own, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • 4.4 Our status (and that of any identified contributors) as the authors of content on our Website and Services must always be acknowledged.
  • 4.5 You must not use any part of the content on our Website or Services that is not your own for commercial purposes without obtaining a licence to do so from us or our licensors.
  • 4.6 If you print off, copy or download any part of our Website or Services in breach of these Terms, your right to use our Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • 4.7 Content that you post to the Website or Services 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.
  • 4.8 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 or which otherwise breaches these Terms.
  • 4.9 By posting Your Content to our Website and/or Services, 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 websites or advertising medium that is associated with us. Your Content will be considered non-confidential and we have the right to use, copy, distribute and disclose it to third parties in accordance with this licence.
  • 4.10 If content that you own or have rights to has been posted to the Website or the Services 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 our Website or Services violates their intellectual property rights, or their right to privacy, we have the right (unless you are an individual) to disclose your identity to them. We will notify you in writing if that happens.
  • 4.11 You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of these Terms. You also agree not to post any content that is false and misleading or uses the Website or 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 or the Services.
  • 5 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
  • 5.1 Whether you are a consumer or a business user:
    • 5.1.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    • 5.1.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our standard terms and conditions of sale.
  • 5.2 If you are a business user:
    • 5.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
    • 5.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      • 5.2.2.1 use of, or inability to use, our Website or Services; or
      • 5.2.2.2 use of or reliance on any content displayed on our Website or Services.
    • 5.2.3 In particular, we will not be liable for:
      • 5.2.3.1 loss of profits, sales, business, or revenue;
      • 5.2.3.2 business interruption;
      • 5.2.3.3 loss of anticipated savings;
      • 5.2.3.4 loss of business opportunity, goodwill or reputation; or
      • 5.2.3.5 any indirect or consequential loss or damage.
  • 5.3 If you are a consumer user:
    • 5.3.1 You agree not to use our Website or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • 5.3.2 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
  • 6 INDEMNITY
  • If you are a business user then you agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with (a) your breach or negligent performance of these Terms; or (b) the enforcement of these Terms.

  • 7 GOVERNING LAW
  • 7.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
  • 7.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
  • 8 CONTACT INFORMATION
  • If you have any questions then please email us at [email protected]

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