Terms and Conditions

Terms of use the Webliveview software platform by retailer

Description of the Platform and the Owner

The Webliveview Platform provides an online virtual sales assistant that facilitates the demonstration and sale of retailer's products and services to retail customers. The owner of this Platform is Webliveview Limited, an Irish company whose registered number is 514931 and whose registered office is Canal House, 563 South Circular Road, Kilmainham, Dublin 8, Ireland. Webliveview Limited may revise these Terms of Use from time to time and will update this page with those revisions as and when appropriate

Licences to Use

The owner grants annual, renewable, non-exclusive, revocable licences to select retailers to use the platform for a fee.

Acceptance of Terms of Use

These Terms of Use outline the terms and conditions under which you, a retailer, are granted a licence in the terms described above to use the platform. You, through your authorised representative, agree to be bound by these Terms of Use by signing where indicated below.

Permitted Use

You as a retailer are not permitted to use this platform other than for the following commercial uses: (I) providing authorised content for display on the platform in the form, and correctly using the information fields, provided for that purpose by the owner; (II) accessing and viewing such data emanating from consumers as is made accessible to you by the owner in accordance with the privacy statement; (III) accessing and viewing such other statistical data, reports and information as is made accessible to you by the owner. Screen-scraping or other commercial exploitation of the platform or any part of it is prohibited without the prior written consent of the owner. You may not establish and/or operate links to this platform without the prior written consent of the owner. Such consent may be withdrawn at any time at the discretion of the owner.For the purposes of these Terms of Use, authorised content is content provided by you for the permitted purpose described in these Terms. Unauthorised content includes, but is not limited to, content that is:

• unrelated to the retail services and goods actually or imminently on offer by you;
• misleading as to the nature, extent, standard or quality of such goods and services;
• materially inaccurate;
• false, whether in fact or by inference;
• misleading;
• abusive, harmful, offensive, harassing or obscene;
• libellous or in any way denigrating of the goods, services or character of any natural or legal person;
• infringing of another's intellectual property rights;
• specifically by reference to the express terms of the usage policy of the payment processing service provider such as would fail to meeting the standards of the Code of Standards for Advertising, Promotional and Direct Marketing in Ireland then in force;
• servicing the operation of the platform) illegal, fraudulent, offensive, embarrassing, sexually explicit, obscene, threatening, defamatory or otherwise nappropriate;
• such as might damage, whether by association or otherwise, the owner or the goodwill in its business or the platform.

Whether content is authorised or not is determined solely by the owner in its sole discretion. The Owner reserves the right to mediate any content posted to the platform and, in doing so, may edit or amend in any way any content so as to remove any unauthorised content.

Standards in Communications and in Dealings

If you provide a service which is being facilitated through the platform, you are required to:

(a) respond to those seeking your services in a timely manner;
(b) provide accurate information about your and your agent's credentials, background, expertise and learning content;
(c) be professional and courteous in all communications with consumers;
(d) inform the owner immediately of any unauthorised use of your account;
(e) inform the owner immediately of any errors in your content or broadcast on the platform;
(f) honour in full all bookings and contracts that are facilitated through the platform.

Warranty and Indemnity

You warrant to the owner that you and your relevant agents own or have all proprietary rights, licences, consents, permissions and interests in the content material that you provide and that the content provided does not infringe upon any third-party intellectual property rights. You agree to indemnify the owner against all direct and indirect losses, claims, damages, costs (including legal costs) and expenses incurred as a result of your breach of the Terms of Use or the warranties given herein.

Fees and Termination

The fee payable to the owner of the platform for a non-exclusive, revocable, renewable, annual licence to use the platform in accordance with these Terms of Use shall be notified to you in advance by the owner.
All fees are payable to the owner in the terms set out in this Agreement below.
The owner may terminate at will the licence granted under these Terms of Use upon giving written notice to you. In the event of the agreement being terminated by the owner where there is no breach of these Terms of Use by you, a refund that is calculated pro rata to the unexpired part of the term shall be made by the owner. The fees are otherwise non-refundable.
You shall have breached these Terms of Use where you may reasonably be deemed to have defaulted upon any (i.e. regardless of materiality) obligation on you described in these Terms of Use but, if the default only concerns some or all of the obligations in sub-sections 5(a) [lack of response], (c) [lack of professionalism] or (f) [failure to honour bookings or contracts] above and if the default is remediable, no breach shall be deemed to have occurred if the defaulted obligation is remedied in full to the reasonable satisfaction of the owner within 2 (two) calendar days of the breach being notified to you.
The licence may not be terminated by you before the expiration of the twelve-month term. The licence may be renewed by you on an annual basis upon payment to the owner within thirty days of the expiration of the term of the annual licence fee then payable. For the purposes of these Terms of Use notice may be given in writing using the email addresses notified by each party to the other from time to time. In default, the main business email address of each party may be used.

General Disclaimer of Liability by Owner

The owner connects consumers with retailers. The owner does not vet or conduct background checks on either consumers or retailers. The owner is not responsible for any interactions, service issues, connectivity issues, payment issues or problems arising between consumers and retailers. The owner is not liable for direct or indirect loss of any kind that might arise from the use by you of this platform pursuant to these Terms or from facilitating interactions and contracts between consumers and retailers or from editing or amending in any way content provided to it for use of the platform. To the extent that any cause is found to be actionable against the owner, the owner's liability for same shall be limited to the amount of the last fee paid to the owner by the claimant pursuant to these Terms of Use.

Intellectual Property

All logos, layouts and colour schemes on the platform that do not form part of the identified third-party content are protected by copyright and trade-mark law and by intellectual property rights under Irish and foreign laws and treaties. The owner grants you a limited, personal, non-exclusive license to view and download the contents and material contained on this platform for the use permitted by these Terms of Use. You may not sell, decompile, reverse engineer or modify the contents and material or reproduce, display, publicly perform, distribute, or otherwise use the contents and material in any way for any public or commercial purpose.

Governing Law and Jurisdiction

Any party using this platform, including any party on whose behalf they are acting, submits for the purposes of any dispute arising from such use to the exclusive jurisdiction of the Court of Ireland and to the application of the laws of Ireland.

Privacy

See the owner's privacy statement on the platform for details on how we comply with our obligations under Data Protection legislation.

I/we accept these Terms of Use.