LiveHelp® Terms and conditions of use
Premises
The website https://www.livehelp.it and other any equivalent domains (or mirror sites), hereafter referred to as “the website” is maintained, updated and provided by by LIVEHELP SRL, with registered office in Via Daste e Spalenga, 28 | 24020 Gorle (BG) / VAT 03365340169, REA BG – 371949.
Hereafter the term "Supplier" and / or "Provider" will be used in place of LIVEHELP SRL, the term “Customer” to indicate the company that purchased LiveHelp® service provided by LIVEHELP SRL and the term “End User” to indicate the end user of LiveHelp® service.
The Site and, in particular, the Chats, are discussion spaces where companies can provide a dedicated real-time online support to their end users. End users can then post messages to which companies will be able to respond in order to provide the required support, with immediate information in real time.
This service is provided by the Supplier to the Customer on payment of an annual fee.
Messages not compliant with this Terms of service may be closed, modified or deleted at the discretion of the Provider, without warning the end user. In the event of behaviours not allowed by this Terms of Service, or contrary to law, the end user can be deleted and / or banned from the site.
The software described herein is registered and protected by copyrights owned by LIVEHELP SRL and was designed to operate with the minimum specifications set out in the Economic Proposal, under the full and exclusive responsibility of the Customer. The software offered by the website allows to interact through a chat, under terms and conditions set out in this document, its use is subject to the terms and conditions set forth herein.
1) Free Trail
The Customer will be able to browse the website www.livehelp.it, and after registration and express acceptance of these general conditions of use, will be able to evaluate the software for free directly into his/her site, for a 15-day period.
At the end of the trial period, the Customer may invalidate the registration or buy the product, selecting the chosen period, under the conditions and terms of this document.
In the Admin dashboard that will be provided, the Customer will be able to renew the service for the selected period or perform an upgrade of the same, paying the fee by credit card or bank transfer.
2) Intellectual property rights
All content and software of LiveHelp®, made available for browsing are owned and protected by copyright, and are licensed and not sold. LiveHelp® software is provided by LiveHelp SRL under the conditions and terms of service of this Agreement.
The software is provided by assigning a password and a login to Customers who accepted these general conditions of use.
The software is only enabled to operate on servers owned by LIVEHELP SRL, managed by the same, and containing the Customer reserved Area, in possess of the technical requirements necessary to store information, continuously connected to the Internet, and that therefore allow the software and the necessary information to be available to customers 24 hours a day, 7 days a week. Copying or reproducing the software to other servers or other devices for further reproduction or redistribution is expressly prohibited.
By using the software, you fully accept all these conditions.
Trademarks, logos, layout, banners, and texts contained in the Site are intellectual property of the Supplier and may not be reproduced, used or represented without explicit permission. The rights of use granted by the Supplier to the Customer are strictly limited to access in the context and for the duration of the subscription period to LiveHelp®; any other use by the Customer is prohibited without the prior written consent of the Supplier. In particular, the Customer may not modify, copy, reproduce, download, publish, transmit, exploit and / or distribute in any way the services, the site pages or the software codes of services and their elements.
3) Terms of use – updates
This Agreement will be concluded between the Supplier and the Customer for access / use to the site / service livehelp.it; information and documentation contained in it, as well as the supplied software, are called below the “service”.
The Supplier may change in any moment the terms of use with immediate effect for all Customers. At every access to the Site and use of the software the Customer must monitor and control the conditions, which will still be considered explicitly and automatically accepted, including any changes made by the Supplier.
The Supplier is however not required to provide updates and / or service improvements; if the Supplier, at its discretion, provides to that effect, the terms and conditions will be automatically applied also to updates / improvements.
4) Termination
The Provider may terminate the contract, at its sole discretion, with seven days’ notice, if the operating conditions of this agreement no longer exist.
Without prejudice to Supplier’s right for suffered damages, the contract will be immediately terminated, without notice, in case of Customer’s breach of any conditions set out in this document, and the service will be immediately suspended.
At any time the Customer can ask the cancellation of his account and all concerning data, by fax or e-mail. The early termination of the Agreement does not provide for the return of any fees already paid.
5) Conditions of payment
LiveHelp® fee may be paid by bank transfer to the bank account specified by LIVEHELP SRL or by credit card, in the respect of the terms stated by LIVEHELP SRL.
The Supplier is expressly exonerated from any responsibility for damage and / or inefficiencies linked to the transfer systems authority for bank account or linked to the credit card use or linked to any confidential information sent by chat.
The contract will take effect and the service will be operative from moment of the receipt by the Supplier of payment of the fee for the period chosen..
The Provider may change the fees at any time for contract renewals.
6) Limitations of the information entered
The inclusion and / or use of messages and / or comments in chat is not subject to prior approval. Offensive, insulting, polemical, vulgar, abusive, disrespectful, defamatory or inciting to lawlessness messages, or which bear threat, harm, defame or insult other users or third parties, regarded as such at the discretion of the Supplier, are not allowed and will be modified or deleted as soon as brought to the Provider’s attention. The Provider reserves the right to disclose the identity of authors of messages above and their IP addresses in the event of a request by the competent authorities for investigations or judicial actions. LIVEHELP SRL will enable Customer to log in to provide assistance by typing an "Agent name" and a custom password. The Customer is not authorised to grant access to the service to unauthorized third parties nor give and / or permit the use by third parties of the username and password as above granted.
The Customer is responsible for the confidentiality of the password and account and must notify the Supplier if the password is lost, stolen, notified to third parties or otherwise compromised. The Customer is responsible for any activity that is carried out in his/her account. Unauthorized use of the account or any other breach of security of the Site must be reported immediately to the Supplier.
The client is not authorised to decode or reproduce the software. Any unauthorized reproduction or redistribution of the software, unless specifically provided for in these terms, is expressly prohibited.
The use or reproduction of the software in breach of the license agreement and the provisions of law for the protection of intellectual property (by way of example: trademark, patent, copyright) are expressly prohibited.
7) Limitations of liability
The Supplier is not responsible in any way, and is expressly exempted, for direct or indirect damages, even to the image, honour and / or reputation, suffered by Customers and / or by users or third parties, as a result of the use of the Site and LiveHelp®. service
The Supplier is expressly exempt from any liability with regard to loss or damage of any information and / or strictly personal data other than what is necessary for registration and use of the Site. The Customer and the End User must therefore avoid providing information that, if lost, damaged, or distributed could cause damage to themselves or third parties also considering that the supplier can proceed without notice to the cancellation of the registration of the User and all User’s and / or the Customer’s data
The Provider cannot be held responsible for the contents or reliability of sites reported by third parties in the whole Site and / or any advertising banners displayed on the Site and related sites or activities connected to them.
In any case, the Supplier's liability for loss or damage cannot exceed the amount paid by the Customer for the purchase of the service.
8) Functioning of website and services
The Customer and the User must have the skills, equipment and software required to use Internet and acknowledges that the internet allows safe protection, availability and transmission of data. LIVEHELP SRL does not however guarantee that the services will work without interruption or breakdowns; in particular, their use may be temporarily interrupted for maintenance, updating, technical improvement, content, or layout changes. If possible, the Supplier will give notice in advance in case of maintenance and / or updating of the site and the service. Customer and User of the service will not hold the Supplier liable for the functioning and use of service. Similarly, the Supplier cannot be held responsible for any malfunctions, inability to access or sub-standard conditions of use of the Site and / or LiveHelp® Service that can be attributed to unsuitable equipment and / or to internal malfunctions of the Supplier, the network traffic and / or any other reason not dependent on the Supplier.
In case of commercial transactions stipulated through the Service (or connected sites) between the user and third parties (including other users or other service providers or retailers), such transactions will be considered concluded between the user and the third party (with all the rights and obligations arising therefrom), with express exemption of the Supplier responsibility and obligation
The Site may provide, or third parties may include links to other websites or other Internet sources; as the Supplier cannot directly control these sites and external sources, it cannot be considered liable for their availability, their content, their advertisement, related products and services, or any other item available from those sites or external sources. Any malfunction and / or anomalies on a connection must be submitted to the administrator of that site no later than three days from the discovery of the anomaly
9) Changes to the Site or to conditions of service
At any time The Provider may modify, also by the intervention of third parties, the pages of the Site, services, or currently valid conditions of use. These changes will take effect from the moment when they are put online on the Site, without prejudice to the right for the customer to cancel its subscription to LiveHelp® service. Otherwise, it is assumed that the Customer has accepted these changes. Customers are therefore obliged to refer to the latest version available online on the website.
10) Competent court
These Terms of use are governed, interpreted and applied in accordance with Italian law. Any dispute arising from the interpretation, execution and application of these Terms shall have exclusive jurisdiction in the Court of Bergamo.
11) Specific clauses approval
Clients declare to have examined all the clauses of these Terms and Conditions and specifically approve them pursuant to art. 1341 and art. 1342 of the Italian Civil Code, with particular reference to the articles No. 2, 3, 4, 5, 6, 7, 8, 9, 10.
Privacy
A. CATEGORIES OF DATA:
The subject of the processing is personal data, such as connection IP addresses, date and time of connection and any other data freely provide in the registration form for the service (name, surname, company, email address...).
Not processing specific data such as contact data, addresses or data regarding the behaviour or preferences of users, etc. may prevent LiveHelp® from providing its services.
Using LiveHelp® to share personal data with third parties, implies assuming full responsibility, releasing LiveHelp S.r.l. from all responsibility for the improper use of said data resulting from their disclosure or distribution.
B. B. SOURCES OF PERSONAL DATA:
Data is collected directly from the data subject.
C. EXTERNAL DATA PROCESSORS:
The external data processor is LiveHelp S.r.l., Via Daste e Spalenga 28 | 24020 Gorle (BG) VAT number 03365340169, contactable by telephone on +39 035 363813 or by email to [email protected]
At the moment of registration to, and activation of, LiveHelp® service on your website, you grant consent for LiveHelp S.r.l. to be nominated as implicit external processor of data which may be exchanged in chat with end users.
Other external data processors which LiveHelp® relies on for the provision of external services are:
Aruba S.p.A., Dropbox S.p.A., Google Inc., SiteGround Spain S.L.
D. PURPOSES OF PROCESSING AND LEGAL BASIS:
The processing of personal data with consent as legal basis is carried out for the following purposes:
- Handling of contacts with customer on registration;
- Use of the chat platform for offering support and assistance to users;
- Handling contacts with customer for commercial offers;
- Handling of contacts with customer for system maintenance;
- Handling of contacts with customer in order to allow the carrying out of services by LiveHelp® and the acquisition of the chat sold on this website.
E. CONTACT DATA
The data processor may be contacted via email at [email protected]
F. RECIPIENTS OF THE DATA:
As well as to the data processor your data may also be communicated to external system administrators (such as third-party technical service providers). Your data will not be subject to distribution in any manner.
G. TRANSFER OF DATA ABROAD:
Data is not meant to be transferred to third countries or international organizations.
In case the Provider deems necessary to transfer data to third countries or international organizations, in order to assure an adequate level of protection, this transfer will take place respecting the following conditions: the decision for transfer is based on considerations of adequacy, adequate safety is guaranteed, it takes place under binding company regulations or for exceptions made for specific situations.
H. PERIOD OF STORAGE:
Collected data will be stored for a period of time which is no longer than the fulfilment of the purposes for which they are being processed («principle of storage limitation», art.5, GDPR) or according to the periods established by law.
The verification of the obsolescence of the data stored according to the purposes for which they have been collected is carried out periodically.
I. RIGHTS OF DATA SUBJECTS:
The data subject has the right to ask the data processor for access to their data, their rectification or the cancellation, the limiting of processing or the possibility to oppose processing, to request the portability of the data, to revoke consent for processing, exercising these and other rights granted by the GDPR via simple communication to the data processor.
The data subject has the right to file a complaint with a supervisory authority.
J. COMPULSARINESS OF CONSENT:
Granting consent for the processing of your data is required for the activation and the use of the LiveHelp® chat platform.
K. METHODS OF PROCESSING DATA:
Personal data will be the subject of processing in compliance with the aforementioned regulation and the obligations of confidentiality followed by the data processor.
The data will be processed both via electronic and printed means, as well as with the use of any other suitable means, in respect for suitable technical and organisational security measures provided for by the GDPR.
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