Terms of use

https://live-vendor.com and all subdomains is a website, service and platform that provides website communication and contact center functionality. The platform and service are owned by Live Vendor SAS (hereinafter "Live Vendor", "Provider", "we").

Live Vendor SAS is a company incorporated under French law, registered under the SIRET number 95322701400016., with a capital of €10,000, and whose registered office is located at 54 chemin du Moulin, 69 400 Porte des Pierre Dorées, France.

These terms and conditions of use ("Terms") apply to your ("Customer" and "you" below) use of the website at https://live-vendor.com ("Website"), any subdomains, and any features or services ("Services") offered through it.

To use the Services, you must accept these Terms. Please read them carefully. Please note that Live Vendor may modify or update these Terms. Live Vendor will post any changes to our website, so please check back frequently, as we assume you agree to them if you continue to use the Services. If you do not agree to these Terms, please do not use our website or services.

Definitions

The following terms shall have the meanings specified below:

• "Services" means the services and products provided by Live Vendor to the Customer under the Contract specified below.
• "Customer", "you" (or "Customer" in a data protection rider) means any user, person or entity who creates an account and uses the Live Vendor services provided by Live Vendor under the Agreement.
• "Visitor" means any person browsing a website on which Live Vendor services are installed.
• "Agent" means any person employed by the Customer to operate the Service.
• "Simultaneous Agents" means the maximum permitted number of simultaneous Agents within a Customer's organization who may use the Services at any one time.
• "End User" means any person who uses Live Vendor's services for the purpose of communicating with the Customer.
• "Personal Data/Personal Information" means personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR), processed by Live Vendor(or a subsequent Subcontractor) on behalf of the Customer in accordance with or in connection with the Contract.
• "Confidential Information" means all information, written or oral, provided by the disclosing party to the receiving party which

1) are known by the receiving party to be confidential; 

2) is marked or indicated as confidential; or

3) should reasonably be considered by the receiving party to be confidential.

• "Third Party Service Provider" means any third party that collects, processes and/or uses personal information on Live Vendor's instructions, including any consultant, representative, advisor or independent contractor (including subsequent subcontractors) that provides services to the Company, a subsidiary or an affiliate.
• "Subsequent Subcontractor" means entities whose software, goods or services are used by Live Vendor in order to run a business, in particular when providing the Services.
• All terms derived from the General Data Protection Regulation such as "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing", "Processor" are to be understood in line with their regular meaning from the Regulation.

1. General statements

a) In accordance with the principles set out in these general terms and conditions of use, Live Vendor provides its services via the https://live-vendor.com website.

b) Acceptance of these terms and conditions is a condition of use of the services provided by Live Vendor.

c) All Customers are required to comply with these terms and conditions of use.

d) By indicating the Customer's acceptance of this Agreement, by accessing or using the Service, the Customer agrees to be bound by all terms, conditions, notices contained or referenced in this Agreement.

e) Please bear in mind that Live Vendor may modify the provisions of these terms and conditions and that only those currently visible on our website are current and valid at that time. However, the modification will not affect the main provisions of the Contract such as payment terms or termination of the Services. Such modifications are made after prior notification to the customer and - if not clearly rejected - are considered accepted. We therefore encourage you to familiarize yourself periodically with the current version of the general terms and conditions of use on our website.

f) Subsequent use of the Services after implementation of additional modifications to the Terms and Conditions constitutes consent to accept such modifications. Refusal to accept such modifications shall prevent the Customer from using the Services.

2. Description of services

a) The software used by the Customer in accordance with its application and purpose as defined in these Terms and Conditions, available on https://live-vendor.com shall be considered as Services.

b) The use of any new Service available on the aforementioned site, after acceptance of the General Terms and Conditions by the Customer, will be subject to their provisions.

c) Live Vendor shall have the exclusive right to decide on the functionality, use, purpose and range of particular services as well as to cease providing the services, without having to state reasons.

d) Live Vendor is exclusively authorized to decide on the content and nature of the software and to freely add, modify or delete individual elements.

3. Access and use of services

a) Live Vendor services are exclusively intended for professional use and must only be used in accordance with their purpose, application and general terms and conditions.

b) Live Vendor services may only be used in accordance with their original purpose. Detailed guidelines for the appropriate use of the Services are listed in the Acceptable Use Policy section below.

c) Live Vendor services can only be accessed by connecting to a specific website.

d) Each Customer is assigned a specific password and login which may not be used by third parties without the Customer's consent. The Customer is responsible for the safekeeping and protection of his/her password and login.

e) The Customer must be at least 18 years of age to register and access his account.

f) The Customer undertakes to use the Services in accordance with their use and purpose and in compliance with these General Terms and Conditions and the provisions of current legislation.

g) The Customer assumes full responsibility for all content, phrases and entries added to the network in connection with the use of the Services offered.

h) The Customer understands and has familiarized himself/herself with the technical requirements necessary for the use of the Services and has no objection to them. The Customer is aware of the risks and threats associated with electronic data transmission.

i) Live Vendor reserves the right to access customer accounts for technical, administrative and security purposes. Information obtained in this way will not be processed or made available to third parties unless required by law.

j) Customers of the Live Vendor service declare that they will not use the service in any way that may constitute a violation of the law.

k) Violation of these terms and conditions, applicable laws or generally accepted standards and rules will result in termination of this agreement.

4. Acceptable use policy

a) This Acceptable Use Policy applies to Live Vendor services via https://live-vendor.com and all relevant subdomains, mobile versions and successor URLs linked to the domain or subdomain.

b) To ensure proper and smooth operation of the system, we hereby declare that Live Vendor customers must not abuse the services and product. Accordingly, Customers agree not to:

    1) interfere with the operation of the Services, in particular in the form of reverse engineering or hacking of the Services, attempting to gain unauthorized access to the Services (or any part thereof) or related systems, networks or data,

    2) use the Services in a manner that is contrary to these Terms and Conditions and causes actual danger to Live Vendor, such as using the Services to generate or send unsolicited communications or communications deemed to be spam, or causing Live Vendor to become impaired in its ability to send communications by itself or its Customers,

    3) misrepresent or disguise the origin of any data, content or other information you submit, for example by "spoofing", "phishing", manipulating headers or other identifiers, impersonating others or accessing the Services through another Customer's account without authorization,

    4) use the Services in a manner that violates the rights of others or the law,

    5) promote or advertise products or services other than those belonging to the Customer without any legal basis,

    6) allow or encourage anyone to commit any of the actions listed above.

c) As a condition of using the Services, the Customer must

1) in accordance with applicable law, provide notice to its customers (End Users) and obtain consent as necessary for the use of Live Vendor Services as well as for the processing and transfer of Agents and End Users' personal data to Live Vendor and its third party service providers (including, but not limited to, consent to the processing of sensitive data if necessary) ; 

2) be responsible for its employees, representatives, End Users and Agents who have access to the Services; 

3) comply with any limitations or restrictions set forth in this Agreement, and

4) use the Services only in accordance with applicable law.

5) All information, data, text, software, graphics, comments, video, messages or other materials submitted using the Service (collectively, the "Data") are the sole responsibility of the person from which such Data originated. The customer is solely responsible for all uploads, downloads or other transmissions via any of the Services. Live Vendor is not responsible for any Data that the customer submits to any Service.

6) The Customer acknowledges and agrees that Live Vendor may engage subsequent subcontractors in connection with the provision of the Services, including, without limitation, the processing of the Customer's personal data.

5. Trademarks and copyrights

1) "Live Vendor" is a registered trademark for France,

2) Live Vendor declares that it has rights to the intangible assets in the form of the graphic design of the services and software offered, the layout of the website, the computer software as well as to all company signs, symbols and trademarks used in the course of its business activity. These assets are protected by European Union law and other binding international agreements.

3) The live-vendor.com website and all information, content, elements, graphics, products (including any software) and services included or otherwise made available to visitors and the customer via the aforementioned websites are its exclusive property and are covered by copyright and related rights law.

4) The addresses of Live Vendor SAS websites as well as their content and layout are protected by the aforementioned laws.

5) Live Vendor's websites and all information, content, materials, products (including any software) and services included or otherwise made available to the Customer via the aforementioned websites are provided on an "as is" and "as available" basis, unless otherwise specified in the Agreement. The Customer accepts the suitability of the Services and the product for this purpose.

6) Live Vendor's prior written consent is required for any unauthorized commercial or non-commercial use of the services and products offered. Such consent is required in particular for the distribution and publication of individual elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and other electronic media, as well as for the transfer or use of its work.

7) Unauthorized lending, selling, licensing and sublicensing of products and services offered by the Customer or any other entity or person without the consent of Live Vendor is prohibited. Such acts are not considered proper use of the Services.

8) The Customer must not modify or change the purpose and use of the Services and products offered. It is forbidden to mislead others as to the existence of a cooperation, association, relationship or to act on behalf of Live Vendor.

9) The Customer acknowledges and agrees that Live Vendor and/or its licensors own all intellectual property rights in the Services. Except as expressly provided herein, this Agreement does not grant Customer any rights in or to any patents, copyrights, database rights, trade secrets, trade names, trademarks (registered or unregistered), or any other rights or licenses with respect to the Services or any Live Vendor Documentation.

6. Payment

1) If the customer wishes to use the services, payment will be required in accordance with the current price list published on Live Vendor's website, a quotation or a pricing mechanism provided by a Live Vendor authorized reseller partner.

2) All payments must be non-monetary transactions, carried out electronically by external professional entities.

3) For subscriptions or purchases made on the website, payment is due according to the terms applicable to that subscription or purchase, as displayed at the point of purchase. For purchases invoiced by Live Vendor or a Live Vendor authorized reseller partner, payment is due on the invoice date. You will be responsible for all taxes associated with your use of the Services that are chargeable or due to you.

4) Live Vendor shall have the right to change the fees and/or any other fees payable under this agreement upon 90 days' notice to the customer and the relevant quotation shall be deemed to have been amended accordingly.

5) If Live Vendor has not received payment on time and no reasonable cause has been provided by the Customer, and without prejudice to any other rights and remedies of the Supplier, Live Vendor may, without liability to the Customer, disable the Customer's password, account and access to all or part of the Services and Live Vendor shall not be obliged to provide all or part of the Services while the relevant invoice(s) remain unpaid.

6) Regardless of the billing cycle, Live Vendor offers no refunds or credits, unless otherwise specified in the service level agreement, for unused service time if the customer decides to close the account before the end of the subscription period.

7. Data protection compliance

1) Live Vendor is committed to protecting data and promoting compliance with the rules established by, among others, the European Union.

2) Any observations or breaches of data protection can be reported via support@live-vendor.com

3) A separate agreement concerning the processing of personal data (the "Data Processing Agreement" or "DPA") regulates the processing of personal data by Live Vendor (the "Data Processor") on behalf of the Customer (the "Data Controller").

4) Each Customer shall have all right, title and interest in and to all Customer Data and shall be solely responsible for the legality, reliability, integrity, accuracy and quality of the Customer Data. Supplier acknowledges and agrees that it has no right, title or interest in any Customer Data or End User Data.

e) In the event of loss or damage to Customer Data and/or End User Data, Customer's sole and exclusive remedy shall be for Supplier to use reasonable commercial efforts to restore lost or damaged Customer Data and/or End User Data from the last backup maintained by Supplier. Supplier shall not be liable for any loss, destruction, alteration or disclosure of Purchaser Data and/or End User Data caused by any third party (with the exception of third parties subcontracted by Supplier to perform services related to data maintenance and backup). top).

8. Closing an account

1) The Customer may close his account at any time. Closure of the account means that further use of the services with the current password and login will no longer be possible.

            2) The Customer is responsible for closing his account.

3) Closure of the account by the Customer before the end of the settlement period for which a payment has been made does not oblige Live Vendor to refund the amount for the unused period.

4) Live Vendor reserves the right to close the Customer's account in the event of flagrant violation of the provisions of these General Terms and Conditions or in the event of illegal use of the Services offered.

5) Live Vendor shall not be liable for any damages suffered by the customer or the end user resulting from the suspension or closure of the account by the customer or for other reasons arising from the customer's fault.

9. Warranty and limited liability

1) Live Vendor guarantees the highest quality of its operations to ensure the accessibility and continuity of the services and products offered in accordance with their use and purpose.

2) Live Vendor does not guarantee the compatibility of the services and products offered with the software of other producers. The Customer assumes responsibility for the choice and consequences arising from the use of other software, including its applicability to the Customer's purposes. Please note that due to the complexity of long-distance data transmission, it is not possible to ensure absolute security, accessibility and continuity of the Service provided.

3) Live Vendor stipulates that the opinions given by users in no way reflect the views and opinions of the Company. Live Vendor does not monitor or control customer opinions on an ongoing basis; however, should opinions contrary to these terms and conditions come to light, efforts will be made immediately to remove them as soon as possible.

4) Live Vendor declines all responsibility in particular for :

    a) all negative consequences resulting from force majeure,

    b) phrases and entries added to the network as part of the use of the services offered,

    c) illegal operations incompatible with the customer's general terms and conditions when using the services and products offered,

    d) disruptions to the accessibility of the products and services offered not caused by Live Vendor,

    e) damage suffered by the Customer, the End User or any other person or entity as a result of the suspension or closure of the account by the Customer or for other reasons arising from the Customer's fault,

    f) damage suffered by the Customer as a result of the use by a third party of his data enabling him to access the Services and products supplied,

    g) Customer consequential damages or inability to use the products and Services offered, including damages actually suffered, loss of expected profits, loss of data, computer damage or failure, costs of replacement equipment and software, downtime, damage to business reputation ,

    h) the consequences of the non-performance or improper performance of obligations assumed by other users, even if such an obligation has been assumed by using the products and services offered.

10. Privacy policy

The principles of customer privacy, including the protection of personal data, have been described in a separate privacy policy.

11. Miscellaneous

1) If any reference in these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

2) The agreement under these Terms is not assignable, transferable or sublicensable by you, except with prior written consent.

3) No agency, partnership, joint venture or employment is created as a result of our agreement under these Terms and you have no authority of any kind to bind us in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover legal fees and costs.

4) All notices under these Conditions shall be in writing and shall be deemed to have been duly given when received, or if sent by electronic mail, the day after it is sent.

5) The agreement under these Terms shall be governed by the laws of France and both parties agree to the exclusive jurisdiction of the French courts.