Terms and Conditions

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE BELOW. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF THE Alive24 SOFTWARE AND SERVICES. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "NO" BUTTON.

This Agreement is between Ashop Commerce PTY LTD (ACN 111 256 896) of 3/51 Crown Road Queenscliff, NSW 2096, (“Ashop”) and you (“Merchant”).

Payment Terms

Upon signing up, your credit card will be immediately charged for the amount shown on the sign up page. Payment for Alive24 is on a pre-paid basis and is charged once a month to your credit card*, (unless specified otherwise in your payment terms). Your card will automatically be upgraded to the relevant fee according to how many representatives are registered on the first day of each month and will continue. To
cancel your subscription, send an email to cancel@alive24.com with your details.

You have a 1-day cancellation period from when you submit your sign up form. If you send a cancellation email to Alive24 within this period, you will
receive a full refund.

As long as your account is active, every month your credit card will be automatically charged for the following month of service.

Pricing

Terms and Conditions of Use

This Alive24 service (the "Service") and the software enabling the use thereof and related updates (the "Software"), are provided by Alive24 and/or its affiliates and/or subsidiaries and/or its successors (collectively "Alive24" or "we") to you ("you" or "your") and others who use the Service and the Software (collectively "User" or "Users"), subject to the terms of these Terms and Conditions of Use and all modifications thereto ("Terms and Conditions" or "Agreement"), and the other rules that may be published from time to time by Alive24. Clicking on the "I Accept" button at the bottom of this Agreement means that you accept and agree to be bound by the Terms and Conditions and any modifications thereto. From time to time we may notify Users of updates or new versions of the Software or Service, in whole or part. Your download of the updated or new versions of the Software and/or subsequent use of the Service is subject to these Terms and Conditions. If you do not agree to abide by these terms, you may not use the Service. The Service currently is provided as a fee based enhanced service. As part of the Service, the Software enables limited access to the Alive24's servers and Alive24's Web Site presently located at http://www.Alive24.com (the "Alive24 Web Site") (and related web sites), and to various directories and listings, information and databases,
and member data use related to the foregoing, all subject to the terms of this Agreement. Users who violate the terms of these Terms and Conditions may be permanently or temporarily banned from using the Service and Software, at Alive24's sole discretion. By way of example but not limitation, Alive24
reserves the right to terminate the Agreement at any time if Alive24 determines, in its sole discretion, that a User's site or activities are unsuitable for Alive24's service. "Unsuitable" sites or activities may include, without limitation, those sites that Alive24 believes: (1) promote obscene, pornographic or sexually explicit and/or teemed materials; (2) promote abusive, threatening, hateful, harmful, harassing or violent behaviour; (3) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (5) promote illegal activities or fail to comply with applicable law; or (6) violate the intellectual property rights of third parties; or (7) have the potential to interfere with the use, enjoyment, deployment or operation of the Service by other Users or Visitors (as hereinafter defined). You agree to provide true, accurate, current and complete information as required by Alive24. You agree not to transfer or resell the Service, in whole or in part, unless you are an authorized partner of Alive24 and only pursuant to your Partners' Agreement, and not
to allow any third party unauthorized access to the Service.

(1) General Terms and Conditions: The Software and Service are provided by Alive24 to enhance your ability to conduct real-time contact with visitors
to your site (the "Visitors", this term will also refer, where the content required, to visitors to sites of other Users). You agree to use the Software and Service solely for your personal or commercial use as an online connection with Visitors to your site and communication tool. While Alive24 strives to protect its
Users' personal information and privacy, we cannot guarantee the security of any information you disclose online. You acknowledge that you are aware of the limitations of security and privacy.

(2) Software Usage: Subject to the terms and conditions of the Agreement, Alive24 grants to you a non-exclusive, non-transferable, limited license to
use the Software solely for the purpose of accessing and using the Service during the term of this Agreement. The Software that will enable you to use the Service is being licensed to you by Alive24 in the following version: Alive24 Click. The Software and Service is provided on an "AS IS" and "AS
AVAILABLE" basis, for your private personal or commercial use only. You agree not to do any of the following: (a) copy the Software or its content; (b) translate the Software or its content; (c) merge the Software with another program or modify the Software; (d) reverse engineer, disassemble, decompile, alter, duplicate, make copies of, the Alive24 communications protocols or any information available on, derived or extracted from the Alive24 directories
and databases, other portions of the Service, or the Alive24 Web Site or make any attempt to discover the source code of the Software; (e) sublicense,
rent, or lease any portion of the Software unless you are an authorized partner of Alive24 and only pursuant to your Partners' Agreement; (f) not use the Software or the Service for unauthorized commercial purposes (i.e. for the purpose of generating revenue from the Service itself) or for any purposes other than those set forth in this Agreement, unless you are an authorized partner of Alive24 and only pursuant to your Partners' Agreement; or (g) extract information from the Alive24 directories, databases, or any other portion of the Service or the Alive24 Web site; h. Unless authorized in writing by
Alive24, you will not use the Alive24 monitor tags on web pages or email campaigns.

(3) User Conduct: While using the Service, you may not: (i) harass, threaten, embarrass or cause distress or discomfort upon any Visitor, or any other individual or entity; (ii) impersonate any other person or entity, including without limitation any Alive24 official, or misrepresent your affiliation with any
other person or entity; (iii) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder; (iv) upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted under applicable copyright laws and may be covered under one or more patents pending; (v) upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, racist, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, federal, national or other law of any country, including without limitation the AUS export laws and regulations; (vi) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); (vii) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; OR (viii) change the Alive24 HTML codes, nor the button and/or banner provided by Alive24. Such button and/or banner must remain visible on the relevant pages of your Site in its original dimensions as provided
by Alive24. You understand and acknowledge that we have no obligation to monitor any portion of the Service, including without limitation, content posted
by you, your Visitors and other Users or Visitors. You acknowledge and agree, however, that we retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service or its Users or Visitors. We reserve the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in our sole discretion, we deem unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your membership or any other breach of security known or suspected by you. Alive24 assumes no responsibility for the deletion or
failure to store electronic messages, chat communications, or other information submitted by you your Visitors or other users or their Visitor to or using Alive24, whether submitted as part of the Service or otherwise. (ix) send unsolicited bulk e-mail (spam) with a link to the Alive24 service (including
button code or monitor tag) or web site, or a link to a web site that contains a link to the Alive24 service or web site.

(4) Listings by Others: Unless produced by Alive24, the information you access or receive by using the Software, the Service, the directories, listings,
and information sent to you by Visitors, is provided by the Users or Visitors and is not reviewed, controlled, examined, verified or endorsed by Alive24 in
any way. By using the Software and the Service you agree to: (i) determine whether the information complies with your needs; (ii) determine whether you have adequate legal rights to store, reproduce or otherwise make use of information in the manner contemplated by you; and (iii) comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, privacy, security and export laws.

(5) Intellectual Property Rights and Privacy: As between Alive24 and you, Alive24 is the sole owner of the Software, the Service, and the chat
window (collectively, the "Information"), including without limitation, all applicable AUS. and foreign copyrights, patents, trademarks, and trade secrets, database rights and all other intellectual property rights appurtenant thereto. Internet user data collected by Alive24 in the course of fulfilling its obligations under this Agreement shall be owned by Company and used by Alive24 in accordance with the then-current Alive24 privacy policy. Company hereby
grants to Alive24 a perpetual nonexclusive license to maintain such data collected by Alive24. Personally-identifiable information (supplied voluntarily by Company's Internet users) will not be shared with parties other than the Company, except as required by law. Company acknowledges that the protection of personal information is of the utmost importance to both parties. Alive24 will periodically access company data for troubleshooting and measurement
purposes in accordance with the Alive24 Privacy Policy. Alive24 encourages Company to participate in fair information collection practices; for example, prominently posting a privacy policy on its Web site which clearly sets forth the manner in which personal information of Internet users is collected, stored and maintained by Company and its service providers (including same by Alive24, with a link on the Company's Privacy Policy Web page to the Alive24
Privacy Policy which is available at http://www.Alive24.com/support/privacy.asp) and by using such user information in accordance with its privacy policy
and in conformance with all applicable laws and regulations.

Unsolicited Materials: Alive24 does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you or your Visitors through the Service, Alive24 Web Site, Alive24's mail and/or e-mail addresses, or in any other way.

(6) Disclaimer of Warranties: THE SOFTWARE AND SERVICE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Alive24 SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE OR SERVICE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. Alive24 DOES NOT WARRANT OR GUARANTEE THAT ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVEL OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE. Alive24 DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (2) THAT ANY INFORMATION OR OTHER CONTENT PROVIDED BY Alive24, VISITORS OR USERS OF THE SERVICE OR ANY WEB SITE
ACCESSED WHILE USING THE SERVICE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY Alive24 WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SOFTWARE AND THE Alive24 SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. Alive24 MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM Alive24 SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Alive24 ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, CHAT RECORDS OR MESSAGES.

(7) Limitation of Liability: IN NO EVENT WILL Alive24, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY, INCLUDING WITHOUT LIMITATION, OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, SERVICE, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE, EVEN IF Alive24 SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Alive24 LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL Alive24 LIABILITY WILL EXCEED THE TOTAL OF THE MONTHLY FEES, IF ANY, PAID BY THE USER FOR THE
SERVICE AND THE SOFTWARE. IF THE SERVICE IS PROVIDED FOR FREE, Alive24 SHALL HAVE NO LIABILITY.

(8) Indemnification: By using the Service, you agree to defend, indemnify and hold Alive24, its affiliates, officers, directors, advisors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your or your Visitors' use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or your Visitors authorized by you or related to any violation of these Terms and Conditions by you or any user authorized by you.

(9) Cancellation and Termination: Alive24 may, at its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time with or without cause immediately upon notice to you. Shortly after cancellation or termination, we will remove from the Service all content associated with your membership. Upon cancellation or termination, you will immediately cease all use of any Software and any documentation provided to you by the Service and return or destroy all copies thereof. Your right and license to use the Service and the Software immediately cease. You shall have no right and Alive24 will have no obligation thereafter to forward any messages or information to the User, its Visitors or any third party. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.

(10) Miscellaneous: If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Alive24 may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. Alive24 may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software or the Service, with notice to you, by sending you an e-mail regarding the change. You agree that your continuing to use the Software and/or Service for a period of thirty (30) days after such notice has been posted on the Alive24 Web Site for the first time or at any time after the receipt of the e-mail shall constitute your consent to the new or revised set of Terms and Conditions. You further agree not to upload to the
Alive24 Web Site or the Service any data or software that cannot be exported out of the relevant country without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement. Any waiver (express or implied) by Alive24 of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement will be waived by any act, omission or knowledge of Alive24 or its agents or employees except by an instrument in writing expressly waiving
such provision and signed by a duly authorized officer of Alive24.
This agreement constitutes the entire agreement between the parties as to its subject matter to the exclusion of any prior agreement whether written or oral express or in any way implied.
The construction, validity and performance of this agreement shall be governed in all respects by the law of New South Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales.
If any provision of this agreement is held to be invalid or unenforceable for any reason it shall be severable and shall not affect the remaining provisions of this agreement.
References to any party to this agreement shall be deemed to be references to or include as appropriate there respective successors and permitted assigns.

(11) Changes to this Agreement

Ashop will occasionally update this agreement. When we do, we will also revise the "last updated" date at the top of the Agreement statement.

This agreement takes effect unless otherwise agreed in written with Alive24.

Copyright 1999-2003 Alive24 ALL RIGHTS RESERVED.

Please feel free to email to: sales@Alive24.com if you have any questions.