User: An organization, agent or other end-user within the organization or outside of the organization operating with the consent or approval of the organization or an organizational member.
Our Product: All property and product created, delivered and communicated by Code Cabin PTY Ltd (hereafter Code Cabin) and brand representatives, which includes but is not limited to WP Live Chat.
Support and Update Subscription: Access to level 1 – 4 Support, minor customization work and all new version updates, including functionality updates, improved stability and added features.
About WP Live Chat
- WP Live Chat is a WordPress based Live Chat Plugin freely available to the User on WordPress.org. The User can choose to purchase the Pro Package from www.wp-livechat.com/purchase-pro/
- General Terms and Conditions found below; Terms and Condition specific and relevant to purchasing Our Product found on the purchase page of each product.
- Non-Profit organizations are welcome to contact us here.
- The User can subscribe to our newsletter and be notified of all new releases and major updates here.
- Dependent on the chosen Pro Package, Our Product will function on a limited number of sites, all operated and managed from one WordPress back-end.
- Our Product is self-hosted; it utilizes the User’s server and website resources to function.
- Users can choose to be Cloud Hosted; the server and website resources of Code Cabin is used by WP Live Chat Pro to function.
- Users require the Cloud Server Extensions in order to operate the WP Live Chat Mobile and Desktop Application.
- The Cloud Server Extension is included in the purchase of the Mobile and Desktop Application.
- The Mobile and Desktop Application is not included in the purchase of the Pro package.
- Nifty Chat, a non-WordPress based Live Chat Plugin, can be found here.
- Purchases are once-off, unless where indicated otherwise. The User receives Our Product indefinitely, with accompanying free Support and Updates Subscription for one year. Our Product will continue to function even after the Support and Update Subscription has expired, unless major changes are implemented within the WordPress CMS (outside of our control).
- The Support and Update Subscription can be renewed annually here.
- Renewal of the Support and Update Subscription is done manually, the User will not be billed automatically.
- When the Pro Package is purchased, the User receives a download link. This link is only valid for six days, which after a new one can be requested here.
- Should a user, after initial purchase, like to purchase more advanced Add-on products such as Pro or Developer versions, these are viewed as separate product bundles and not are included in the initial once-off purchase mentioned.
Mobile and Desktop Application
- It is the responsibility of each user to ensure the privacy of chats with their customers. Our Product is specifically reinforced to help users achieve this with our Encrypted Chat feature. Code Cabin and brand representatives will not be liable for any information, whether personal or financial, left unsecured or managed by the User.
General Terms and Conditions
- By accepting our Terms and Conditions, the User submits that he has read, understood and accepted the contents.
- All users are obliged to observe these Terms and Conditions.
Use of and Access to Product
- Terms and Conditions as stipulated below, will govern the use of and access to Our Product and its functionalities by the User, as per the extent of access granted per free or purchased package/bundle. By using Our Product the User submits adherence to our Terms and Conditions and regulations of product use and purchase. All organizations and extensions thereof (agents) are regarded as Users and are accordingly bound to the below Terms and Conditions.
- The User will have limited access to the product purchased or trialed, subject to the period of available use specified individually for each product/brand. The User will have limited access to the product used in its most basic and free version, subject to the period of available use specified individually for each product/brand. Code Cabin and brand representatives may at any time suspend the use of Our Product for third-party Customer Service purposes. By using Our Product, a User submits that Code Cabin and brand representatives may limit the use of Our Product for external service provision, support or outsourcing. Code Cabin and brand representatives reserve the right to block further use of the free or purchased product immediately, should a User not abide by these regulations.
- All products and services rendered by Code Cabin and brand representatives are exclusively designated for business use and must be used only in accordance with their purpose, aptness and their associated or general application.
- The User submits full responsibility for all contents, phrases and entries added to the network in connection with the use of Our Product.
- The User submits that, by accepting these Terms and Conditions, he understands the risk associated with data transmission.
- The Users submits that, in agreement with these Terms and Conditions, he understands that licensing, sublicensing, selling, re-selling, leasing, transferring, assigning, distributing or otherwise commercially exploiting Our Product, without the knowledge and consent of Code Cabin and brand representatives, is prohibited.
- The User submits that, in agreement with these Terms and Conditions, he understands that modifying, adapting or hacking or by other means attempting to gain or gaining unauthorized access to Our Product is prohibited.
- The User may not make use of Our Product in an unlawful manner, including but not limited to violating privacy, bulk-mailing or ?spamming’ juristic and natural persons, sending unauthorized or unsolicited messages or transmitting or storing content infringing on another’s intellectual property rights. Code Cabin and brand representatives reserve the right to cease all functionality and service provision and detach Our Product from any association with such parties /instances.
- The User is responsible for compliance of these Terms and Conditions and regulations by organization and extensions thereof. The User is responsible for ensuring that the use of Our Product in his field /industry /store is compliant with all applicable laws and regulations of State, as well as any and all privacy policies, agreements and obligations entered into with partners, agents or individuals inside or outside of the organization.
- Code Cabin and brand representatives reserve the right to terminate product use, support, functionality access and purchase if reasonable required to do so.
- All purchases as specified per each individual product, are subject to Purchase Terms and Conditions. Where ?once-off?, the User receives Our Product indefinitely and without limitation within the restricted functionality use.
- After initial purchase, users receive free support for and in relation to Our Product for up to one year after the day of initial purchase. Code Cabin and brand representatives reserve the right to refuse support queries not relating to Our Product.
- Code Cabin and brand representatives reserve the right to refuse providing support to sites including but not limited to, adult or R-rated sites, sites with political or social influence, sites that encroach upon the Constitution of South Africa or any other site we deem reasonable to refuse.
- After initial purchase, users receive free updates for and in relation to Our Product for up to one year after the day of initial purchase. Code Cabin and brand representatives reserve the right to decide the frequency of such updates, as well as which of developed product are included in this above-mentioned package.
- Unless otherwise indicated, all charges associated with the use and access of Our Product are due in full upon commencement of use and access to Our Product.
- Code Cabin and brand representatives undertake to provide immediate use and access of the Purchased Product, unless hindered by circumstances reasonably out of our control but which can be elevated to support channels.
- Users can upgrade to higher product packages if so chosen. Downgrading a product package may result in loss of content, features or capacity of which Code Cabin and brand representatives do not accept any liability.
- Code Cabin and brand representatives reserve the right to deny purchase of Our Product by exceptional or necessary reasoning.
- Code Cabin and brand representatives undertake to refund the User should he not be satisfied with Our Product, provided that refund is requested within 30 days after initial purchase of Our Product. Any inconsistencies with the Refund Policy renders Code Cabin and brand representatives able to refuse a refund request.
- On purchase of Our Product the User submits to first allow Code Cabin and brand representatives to assist in ensuring smooth functioning and use of Our Product, before requesting a refund.
- Code Cabin and brand representatives reserve the right to deny refund requests not adhering to our Refund Policy set out above, or any reasoning so deemed necessary by Code Cabin and brand representatives.
- Users submit that if and when refunds are granted, they will remove any review or commentary negatively affecting the product they no longer have use of or access to and that failure thereof grants Code Cabin and brand representatives full right to deter or refuse refund already granted.
- Code Cabin and brand representatives will not be liable for damage, error, failure or information theft due to hacking or otherwise unauthorized entry into the User’s website and /or online profile.
- Code Cabin and brand representatives undertake that, except for instances as mentioned above, the User will have free and uninterrupted access to his free or paid product for the specified time period per each individual brand.
Intellectual Property Rights
- The rights to use and access of Our Product under these Terms and Conditions do not convey any additional rights in Terms and Conditions of any Intellectual Property associated therewith.
- Code Cabin and brand representatives have royalty-free, international, transferable, sub-licensable, independent, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate into any of Our Products any suggestions, propositions, functionality requests, recommendations, reviews or feedback received from the User.
The User will receive automatic notification of updates on their WordPress dashboard. Should the User not be able to update Our Product through his WordPress dashboard, a copy of the latest version can be obtained here.
- Code Cabin and brand representatives have full discretions in terms of deciding which functionalities, releases and updates are allocated to which packages, if whether they form part of free updates or paid releases, independent of past or proposed trends and tendencies.
- All products and services of Code Cabin and brand representatives are provided ?as is? and ?as available?, without warranties or guarantees of any kind. Code Cabin expressly disclaim any and all warranties or guarantees, whether express or implied.
- The User acknowledges that we as Code Cabin and brand representatives do not warrant or guarantee that Our Product will be uninterrupted, unchanged, timely, encrypted, secure, error, bug-free or free from viruses, trojans or other malicious software. No information, suggestion or advice obtained by the User from us or through Our Product shall create any warranty not expressly stated in these Terms and Conditions.
Limitation of Liabilities
- Code Cabin and brand representatives does not guarantee compatibility of Our Product with other producers’ software.
- Code Cabin and brand representatives will not be held liable for failure or error on a User’s website or other online profile due to conflicts or situations out of our reasonable control.
- The User is responsible for ensuring that a proper, stable network connection supports the installation and use of Our Product.
- Under no circumstance nor legal reasoning will either party to these Terms and Conditions, or their directors, employees, agents, or other end-user within or outside of the organization or affiliates /partners /associates, be liable to the other party or any third party for any indirect, ambiguous, incidental, special /exemplary, consequential or other similar damages. The above includes lost profits and sales, lost data or information, down-time, business interruption or any loss incurred by such a party or third party, whether in contract, tort (wrongful act), negligence or otherwise. Regardless of whether such party has been advised of the possibility /likelihood of or could have reasonably foreseen such damages.
- Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability. In such jurisdictions, the liability of Code Cabin and brand representatives will be limited to the greatest extent permitted by law.
- Notwithstanding any Terms and Conditions as above and below, the aggregate liability of Code Cabin and brand representatives, to the User or third party, arising out of these Terms and Conditions or otherwise in connection to the use of Our Product: Code Cabin and brand representatives shall in no event exceed the charges for Our Product paid by the User during purchase, whether annually or monthly, during the individual specified subscription period of each purchase, of which the User gains rights to use and access.
- Any claims or damages the User wishes to institute against Code Cabin and brand representatives can be done so against the latter mentioned parties and not employees, directors, agents or other end-users, whether internal or external, of Code Cabin.
- By use of Our Product the Users submits that he agrees to defend, indemnify (secure against legal responsibility) and hold harmless Code Cabin and brand representatives, its employees, directors, officers, agents and end-users, whether within or outside of Code Cabin, for any losses, costs, liabilities and expenses incurred, relating to or arising from the use of or access to Our Product.
- The User submits that he acknowledges non-allowance of soliciting, interfering or endeavoring to entice away from Code Cabin and brand representatives a customer or user and agrees to pay a penalty fee per enticed away with no limited to maximum liability of the User.
Parties to the Purchase
- Parties to the Purchase and use and access of Our Product are independent. These Terms and Conditions do not create a partnership, affiliateship, association, franchise, agency, fiduciary or employment relationship among or between any of the mentioned parties.
- Terms and Conditions of Our Product shall survive any termination of use of and access to Our Product, whether per refund, subscription expiration or reasons otherwise raised by Code Cabin and brand representatives.
Amendments to the Terms and Conditions
- Code Cabin and brand representatives reserve the right to amend any of the above Terms and Conditions, as and when needed so. The User submits to update his knowledge of our Terms and Conditions on a regular basis and so abide by them. Our failure to enforce, at any time, any provision of these Terms and Conditions does not constitute a waiver of that provision or of any other provision of the Terms and Conditions.
- Should any provision/s in these Terms and Conditions be held as invalid by a court of law, such provision/s shall be modified and thereafter interpreted so as to best accomplish the initial, now replaced provision to the fullest extent permitted by law. The remaining provisions shall remain unaffected.