Terms of Service

By signing up for the OurLiveShop service (“Service”).(“OurLiveShop”) you (“Merchant”)  are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. OurLiveShop reserves the right to update and change the Terms of Service by posting updates and changes to the OurLiveShop website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and OurLiveShop’s Privacy Policy before you may become a OurLiveShop user.

1. ACCOUNT TERMS

1.   You must provide a valid email address, and any other information needed in order to complete the signup process.

2.   You acknowledge that OurLiveShop will use the email address you provide as the primary method for communication.

3.   You are responsible for keeping your password and authenticating account (such as “Log in with Facebook”) secure. OurLiveShop cannot and will not be liable for any loss or damage from your failure to maintain the security of your account, password and authenticating account.

4.   You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your OurLiveShop account. You must not transmit any worms or viruses or any code of a destructive nature.

5.   A breach or violation of any term in the Terms of Service as determined in the sole discretion of OurLiveShop will result in an immediate termination of your services.

6.   An account can be linked to only one instance of Facebook page, Instagram account, LINE account or such other external service at the same time unless stated otherwise explicitly.

2. ACCOUNT ACTIVATION

1.   Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2.   If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3.   You are responsible for granting access to the account only to the authorized representative that fully represent Account Owner. Any actions or activities under your account are considered to be performed on behalf of Account Owner. Only Account Owner or their authorized representative are allowed to use OurLiveShop.

4.   Upon completion of sign up for the Service, you acknowledge that OurLiveShop will retrieve necessary information from Facebook and/or LINE and other platforms on your behalf. You are solely responsible for such actions. Do not create an account or retrieve information if it will violate any laws in your jurisdiction.

5.   Upon purchasing an upgrade through OurLiveShop, the upgrade will be preset to automatically renew each year so long as your OurLiveShop account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

6.   Package purchasing or package upgrade is per account basis unless stated otherwise in promotional materials.

3. GENERAL CONDITIONS

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of OurLiveShop.

1.   Technical support is only provided to paying account holders and is only available via email unless stated otherwise in promotional materials.

2.   You may not use the OurLiveShop service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the Kingdom of Thailand.

3.   You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OurLiveShop.

4.   You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use OurLiveShop or OurLiveShop trademarks and/or variations and misspellings thereof

5.   Questions about the Terms of Service should be sent to contact@ourliveshop.com.

6.   You understand that your Store Content and your customer information  may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

7.   You acknowledge and agree that your use of the Service, including information transmitted to or stored by OurLiveShop, is governed by its privacy policy at https://www.ourliveshop.com/info/privacy-policy/

4. OURLIVESHOP RIGHTS

1.   We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2.   We reserve the right to refuse service to anyone for any reason at any time.

3.   We may, but have no obligation to, remove Store Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4.   Verbal or written abuse of any kind (including threats of abuse or retribution) of any OurLiveShop customer, OurLiveShop employee, member, or officer will result in immediate account termination and support suspension.

5.   You understand that your Store Content, conversations, orders and customers information, may be used by OurLiveShop and its partners for troubleshooting, data analysis, testing, research, service improvement, marketing activity, services or product offering, and market analysis.

6.   We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that OurLiveShop employees and contractors may also be OurLiveShop customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

7.   In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

8.   OurLiveShop retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, OurLiveShop reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

5. LIMITATION OF LIABILITY

1.   You expressly understand and agree that OurLiveShop shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

2.   In no event shall OurLiveShop or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, OurLiveShop partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

3.   Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.

4.   OurLiveShop does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.   OurLiveShop does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

6.   OurLiveShop does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. WAIVER AND COMPLETE AGREEMENT

The failure of OurLiveShop to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OurLiveShop and govern your use of the Service, superseding any prior agreements between you and OurLiveShop (including, but not limited to, any prior versions of the Terms of Service).

7. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT

1.   We do not claim any intellectual property rights over the material you provide to the OurLiveShop service. All material you upload remains yours. You can remove your information at any time by deleting your account. This will also remove all content you have stored on the Service.

2.   By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content but not your backend dashboard and private information; (b) to allow OurLiveShop to display and store your Store Content; and (c) that OurLiveShop can, at any time, review all the Store Content submitted by you to its Service.

3.   You retain ownership over all Store Content that you upload and import to a OurLiveShop store; however, by posting public comment or upload public information you agree to allow others to view your content. You are responsible for compliance of content with any applicable laws or regulations.

4.   We will not disclose your confidential information to third parties, except as required in the course of providing our services and to perform activities described in section 4.6. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

8. PAYMENT OF FEES

1.   A valid credit card is required for non-free accounts able to process orders using a live payment gateway.

2.   The service will be billed in 365 days intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. We will attempt to automatically charge and renew your account. Account Owner are required terminate or downgrade the account prior to automatic renewal.

3.   All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

4.   You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of OurLiveShop’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

5.   Taxes may apply to your subscription to or purchase of some or all of OurLiveShop’s products and services, including without limitation, your subscription to or purchase of OurLiveShop’s ecommerce services, payment services, apps, support and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

6.   OurLiveShop does not provide refunds.

7.   All annual package cannot be terminated, canceled or refunded within 365 days of payment.

9. CANCELLATION AND TERMINATION

1.   You may cancel your account at anytime by emailing contact@ourliveshop.com and then following the specific instructions indicated to you in OurLiveShop's response.

2.   Once cancellation is confirmed, all of your information will be removed from the Service. We reserve the right to keep your information in inaccessible state due to technical limitation.

3.   If you cancel the Service in the middle of billing period, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.

4.   We reserve the right to modify or terminate the OurLiveShop service for any reason, without notice at any time.

5.   Fraud: Without limiting any other remedies, OurLiveShop may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or any part of OurLiveShop Services. You are liable for lost profits, fees, costs or any special, incidental or consequential damages of OurLiveShop associated with fraudulent activity.

10. MODIFICATIONS TO THE SERVICE AND PRICES

1.   Prices for using OurLiveShop are subject to change upon 15 days notice from OurLiveShop. Such notice may be provided at any time by posting the changes to the OurLiveShop Site (www.OurLiveShop.com).

2.   OurLiveShop reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

3.   OurLiveShop shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

11. OPTIONAL TOOLS

OurLiveShop may provide you with access to third party tools over which OurLiveShop neither monitors nor has any control or input.

1.   You acknowledge and agree that OurLiveShop provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. OurLiveShop shall have no liability whatsoever arising from or relating to your use of optional third party tools.

2.   Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

3.   OurLiveShop strongly recommends that merchants seek specialist advice before using or relying on certain tools.

12. DMCA NOTICE AND TAKEDOWN PROCEDURE

OurLiveShop supports the protection of intellectual property and asks OurLiveShop merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to contact@ourliveshop.com. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
 

13. PAYMENT PROCESSING

1.   In case the Bank and/or OurLiveShop has been informed by the Card holder or Bank issuer that he/she does not purchase or ask for any services from Merchant, the bank and Merchant shall prove such order and if the Bank and OurLiveShop found that the mistake occurs from Merchant and cause the Card holder to cancel purchase order, Merchant agrees that OurLiveShop can deduct the money from the account of Merchant which opened with OurLiveShop or Merchant agreed to return the money that it withdraws from the said account to OurLiveShop, including any other expenses in relation to the sale of goods and/or services such as shipping cost, insurance cost, etc. to OurLiveShop. In this regard, Merchant shall not claim to refuse its responsibility with OurLiveShop.

2.   The Merchant acknowledge and agree that, if (a) the Merchant breaches or fails to comply with any rule, regulation or Terms and Conditions contemplated in this Memorandum or other rule or regulation which shall be applied in the future; or (b) OurLiveShop cannot collect the payment of goods or services of the Merchant in any case and the mentioned circumstance in (a) or (b) causes OurLiveShop to be subject to any fine or expense charged or collected by any of government agencies or private entities such as VISA International Service Association, MasterCard International Incorporated or any of other brands of the service provider of credit card, the Merchant shall indemnify OurLiveShop and be responsible for such fine or expense occurred by OurLiveShop in all respect. For a purpose of this clause, the Merchant authorizes OurLiveShop the right to collect such fine or expense including all relevant interests by deducting money from the Merchant’s account opened and maintained with OurLiveShop.