At Drive Chat Pty Ltd (‘DC’) & Direct Connect Pty Ltd (‘DCT’), one virtue that we strongly uphold is our utmost respect for ethical dealings with our customers.
We also respect the privacy of our valued users.
The following Terms of Service bind all users of DC and DCT’s website and associated services as well as affiliated companies of such users.
Should you have any comments or questions, you may address your concerns to our customer service department at firstname.lastname@example.org or
Drive Chat Pty Ltd / Direct Connect Pty LtdSuite 305, 75 Tulip Street
Cheltenham VIC 3192
Tel: 1800 548 324
Acceptance of Terms of Service
In the event that you do not agree to or accept ALL of the Terms and Conditions contained in these Terms of Service, you may not use the Service in any manner and must cease using the website immediately.
OBLIGATIONS UNDER GDPR AS DATA PROCESSOR
How we Receive Data. We may act as Data Processors and process Personal Identifiable Information received from you or directly from your clients on your behalf, as defined by the General Data Protection Regulation (‘GDPR’), data may be provided to us: When you are using the Service, via our website, or when your clients are using the Service, which has been installed on your own website and is accessed by your clients there; or obtained in any other way, including but not limited to, SMS, e-mail, telephone, or from third party sources.
How we Receive Data. We may act as Data Processors and process Personal Identifiable Information received from you or directly from your clients on your behalf, as defined by the General Data Protection Regulation (‘GDPR’), data may be provided to us: When you are using the Service, via our website, or when your clients are using the Service, which has been installed on your own website and is accessed by your clients there or obtained in any other way, including but not limited to, SMS, e-mail, telephone, or from third party sources.
We use the following third party providers:
In all cases, where you terminate the Services and require a copy of the data or any other data processed by us deletion of the data or any other data processed by us, you must notify us in writing of this requirement immediately on termination.
In the absence of any statutory requirement to retain the information provided for a longer period, we will cease processing and delete all information provided to us no later than 2 (two) years following receipt of such data.
Drive Chat and Direct Connect will use reasonable endeavours to assist you when we have received a Subject Access Request that relates to Personal Identifiable Information which we process for you. DC and DCT will also provide reasonable assistance to you in ensuring Data Subjects are able to exercise all rights that they are entitled to under GDPR when you act as their Data Controller and we are your Data Processor in respect of such data.
DC & DCT will use reasonable endeavours to assist you in your obligations in relation to the security of processing, notification of personal data breaches and data protection impact assessments. In the event of a data breach, on discovering the breach we will immediately notify you using the contact details provided to us by you for the submission of notices.
DC will only act on your written instructions as Data Controller when you make requests under these Terms of Service.
Audits and Inspections. DC will assist and provide you with all reasonable information, if requested to do so, for the purposes of auditing the Services provided to you.
Records. DC will keep adequate records of its processing activities in accordance with Article 30.2 of the GDPR.EU Representative. DC has appointed a representative within the European Union in accordance with Article 27 of the GDPR. Details of this representative can be provided on request.
You acknowledge and agree that you hold the sole responsibility for keeping and maintaining the confidentiality of your user account, as well as all other personal and sensitive information contained therein. You are solely responsible for all data of any kind, whether code, text, software, music, photography, video, materials or other content that are made available publicly or privately. In addition, it is your sole responsibility to regularly check all activities in your user account.
You agree to notify DC immediately of any unauthorized use of your account at email@example.com Drive Chat Pty Ltd and Direct Connect Pty Ltd assumes no responsibility for any loss or damage to you or any third party incurred as a result of any unauthorized use and/or access to your user account.
Conditions and Restrictions
By using the Service, you agree to use it as an online communications tool or platform for your personal or professional/commercial benefit. By agreeing to use the Service, you explicitly concur that:
You may not use the Service to do the following:
You are prohibited to do any of the following: Copy, modify, adapt, disassemble, decompile, duplicate, reproduce, reverse engineer, and/or translate the source code and/or the content of Drive Chat or Direct Connect and/or the Service;
DC reserves the right to suspend or cease the operation of the Service from time to time at our sole discretion. We reserve the right to prevent or suspend your access to the Service if you do not comply with any part of these Terms of Service or any applicable law.
DISCLAIMER of Warranties
The Service provided to you by DC and DCT on and via https://drivechat.directconnect.com/ is on an “AS IS, AS AVAILABLE” basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the website, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose. DC does not warrant:
DC disclaims any warranties for any damages or injury caused by the use of the Service including but not limited to the result of any misdelivery or untimely transmission of information, error, omission, failure to back up, interruption, deletion, defect, failure of performance and operation, computer malware, theft, fraud, unauthorized access, and alteration of user content. DC similarly disclaims delay and failure in performance as a result of (but not limited to) communication line disruption, acts of God, war, power outage, strikes, orders of domestic or foreign courts, non-performance of third parties, and other causes beyond DC’s control.
Intellectual Property Rights
By using the Service, you acknowledge and agree that DC is the sole owner of https://drivechat.directconnect.com/ and the Service without limitation. DC owns all legal right, title and any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) which exist in https://drivechat.directconnect.com/ and the Service.
You further acknowledge that you are not entitled to use, remove, transfer or alter any of DC’s title, trademarks, trade names, service marks, logos, domain names and other distinct brand features of DC and/or DCT.
You agree that by using the Service, no title to the Intellectual Property will be transferred to you. The full ownership rights will remain as exclusive property of DC and DCT.
By using the Service, you give DC a permanent, conclusive, universal, royalty-free, and non-exclusive right to use in any manner the content you submit or made available on or through the Service, where such content does not constitute Personal Identifiable Information as defined under the General Data Protection Regulation (‘GDPR’). This irrevocable right is for the sole purpose of enabling DC to provide the Service. This right does not give DC license to make such content available to third parties without your consent.
Third Party Content
You acknowledge and agree that DC will not bear responsibility for third-party content or services. DC will not be in any manner liable for any of your dealings with third parties.
Limitation of Liability
You explicitly understand and agree that DC and DCT will not be responsible for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages including but not limited to damages for loss of business profits, business interruption, loss of programs, loss of data (including Personal Identifiable Information) and the like, or any other intangible losses, resulting from the use of the Service, the inability to use the Service, or any other service-related matters, even if DC has been informed of the possibility of such damages. Liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the Service. DC does not exclude or limit liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on Livechatmonitoring.com or for any other statutory rights which are not capable of being excluded.
Notification of Copyright Infringement
If you believe that your property has been copied in a way that constitutes copyright infringement or a violation of your intellectual property right, please provide DC with the following information:
Email these details to the site administrator at: firstname.lastname@example.org
You may terminate our Service at any time by providing thirty (30) days prior written notice. Final invoices will be issued for the last calendar month in which you use the Service. DC, in its sole discretion, reserves the right to terminate your use of the Service, permanently or temporarily, at any time for any reason immediately upon written notice to you. Upon termination, you will immediately cease all use of the Service and use of any documentation provided to you.
By using the Service, you acknowledge and agree that:
DC shall procure that its employees, agents and contractors are subject to confidentiality provisions and shall observe the provisions of all applicable data protection legislation, including the General Data Protection Regulation (‘GDPR’).
If the DC receives personal data (as defined in the GDPR) pursuant to these Terms of Service, DC shall only use it as strictly necessary for the performance of its obligations hereunder.
DC shall implement strict and adequate security, technical and organisational procedures in respect of the integrity and confidentiality of any personal data whilst in its possession to ensure that the personal data will not be recorded, disclosed, processed, deleted, altered, used or otherwise tampered with in an unauthorised or accidental manner and to protect the personal data in accordance with the GDPR.
If DC is requested to perform any action which is contrary to GDPR or any other data protection law of any Member State of the EU, by a client, employee, contractor or any other person (legal or natural) associated with you as Data Controller, DC will immediately inform you in writing.
DC has nominated the ICO as its supervisory authority and will co-operate with the ICO and any other supervisory authority in the performance of its tasks as Data Processor, in accordance with Article 31 of the GDPR.
Terms of Service contains the entire agreement between you and DC, and supersedes and replaces any and all representations, statements, other communications or previous agreements (whether written or otherwise) with respect to the subject matter herein.
These Terms of Service constitute the written agreement and instructions to us required by the GDPR as between a Data Controller (you) and a Data Processor (DC). You acknowledge and agree that DC employs subcontractors in order to provide the Service.
If any part of these Terms of Service are held unacceptable or unenforceable by a court of a competent jurisdiction, that segment shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining segments shall continue in full force and effect.
DC may assign, sublicense or pledge any of its rights and obligations under these Terms of Service to a subsidiary, affiliate, or successor thereof, or to any third party, without prior notice or consent from you. Any waiver by DC of any breach of these Terms of Service shall not constitute a waiver of any other or subsequent breach. No provision of these Terms of Service may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of DC.
By entering into these Terms of Service, you agree that the statutes and laws of Australia without regard to any principles of conflicts of law, will apply to all matters related to the use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts of Australia.