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    PART 1: GENERAL USE TERMS

  1. Introduction
    1. viewerlabs.com is a website (Website) operated by Viewerlabs (we/us/our). To contact us, please click on the chat button located in the bottom right corner of the Website support page.
  2. Your acceptance of these terms
    1. These terms and conditions (Terms) apply to the use of the Website and the supply of services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. By visiting the Website and/or purchasing the Services (as defined below), you agree to be bound by these Terms.
    2. You may use the Website and Services only if you agree to form a binding contract with Viewerlabs and are not a person prevented from receiving services under the laws of the jurisdiction in which you reside. In any case, you must be at least 18 years old to use the Services.
    3. If you are accepting these Terms, and using the Website and Services on behalf of a company, organisation or other legal entity, you warrant and represent that you are authorised to do so and have the authority to bind such entity to these Terms (in which case the words “you” and “your” as used in these Terms shall refer to such entity).
    4. We recommend that you print a copy of these terms for future reference.
  3. There are other terms that may apply to you
    1. Our privacy policy https://www.viewerlabs.com/privacy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
    2. If you purchase goods from our Website, our “Terms and Conditions for the Supply of Services” (see Part 2) and our “Service Level Terms” (see Part 3) will apply to you.
  4. We may make changes to these Terms and our Website
    1. We may amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time. We may also update and change our Website from time to time to reflect changes to our products, services, user’s needs and our business priorities.
  5. We may suspend or withdraw our Website
    1. Our Website is made available free of charge.
    2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
    3. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  6. You must keep your account details safe
    1. If you choose, or you are provided with, a login, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    2. We have the right to disable any login or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
    3. If you know or suspect that anyone other than you knows your login or password, you must contact us.
  7. How you may use material on our Website
    1. We are the owner of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any pages from our Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    3. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us.
  8. Do not rely on information on our Website
    1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
    2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
  9. We are not responsible for websites we link to
    1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
  10. PART 2: TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

  11. Placing an order and its acceptance
    1. Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on the Website. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
    2. Correcting input errors. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    3. Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 10.4.
    4. Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
    5. If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
  12. Our services
    1. Any descriptions on our Website are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
    2. Compliance with specification. Subject to our right to amend the specification (see clause 11.3) we will supply the Services to you in accordance with the specification for the Services appearing on our Website at the date of your order in all material respects.
    3. Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
    4. Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
    5. Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
  13. Channel changes
    1. Subject to your compliance with these Terms, and in any event subject to our absolute discretion, we agree that you may transfer the Services to an alternative Twitch channel owned and/or operated by you on a one-time-only basis. Please contact us if you wish to initiate a transfer.
  14. Your obligations
    1. It is your responsibility to ensure that (a) the terms of your order are complete and accurate, (b) you co-operate with us in all matters relating to the Services, (c) you provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects, (d) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start, and (e) you comply with all applicable laws, including health and safety laws;
    2. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 13.1 (Default) (a) we will be entitled to suspend performance of the Services until you remedy the Default, and to rely on the Default to relieve us from the performance of the Services, in each case to the extent the Default prevents or delays performance of the Services (Termination), (b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services, and (c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from the Default.
    3. You shall not, under any circumstances, (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us, or (b) initiate a PayPal chargeback (see clause 15).
  15. Charges
    1. In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 14.
    2. The Charges are the prices quoted on our Website at the time you submit your order.
    3. If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
    4. We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 14.8 for what happens if we discover an error in the price of the Services you ordered.
    5. Our Charges may change from time to time, but changes will not affect any order you have already placed.
    6. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
    7. No refunds will be given after you receive the Service. If you have an issue with your purchase, please contact us.
    8. It is always possible that, despite our reasonable efforts, some of the Services on our Website may be incorrectly priced. If the correct price for the Services is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
  16. How to pay
    1. Payment for the Services is in advance. We will take your payment upon acceptance of your order.
    2. You can pay for the Services using a debit card, credit card or Cryptocurrency. We can accept Visa, MasterCard, Maestro cards and PayPal.
    3. “Chargebacks” will not be tolerated under any circumstances. In the event that you initiate a PayPal chargeback or chargeback/dispute with your bank of any kind we reserve the right to (a) suspend your account, (b) prevent you from creating a new account, and/or (c) prevent you from making a purchase from our Website again. We may suspend your account regardless of how much time is remaining on the plan.
  17. Complaints
    1. If a problem arises or you are dissatisfied with the Services, please contact us.
  18. Intellectual property rights
    1. All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
  19. How we may use your personal information
    1. We will use any personal information you provide to us to (a) provide the Services. (b) process your payment for the Services, and (c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
    2. Further details of how we will process personal information are set out in https://www.viewerlabs.com/privacy.
  20. Indemnity
    1. If anyone brings a claim, cause of action or dispute against us, which is related to your actions, content, or your use of any Viewerlabs products and/or services, you agree to indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action or dispute.
  21. Limitation of liability
    1. Nothing in the Contract limits any liability which cannot legally be limited.
    2. Subject to clause 20.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for (a) loss of income or profit, (b) loss of sales or business, (c) loss of agreements or contracts, (d) loss of use or corruption of software, data or information, (e) loss of or damage to goodwill, and (f) any indirect or consequential loss.
    3. Subject to clause 20.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid by you under the Contract.
    4. For the avoidance of doubt this clause 20 will survive termination of the Contract.
  22. Confidentiality
    1. We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 21.2.
    2. We each may disclose the other’s confidential information (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 21, and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  23. Termination
    1. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if (a) you commit a breach of any term of the Contract, or (b) you fail to pay any amount due under the Contract on the due date for payment.
    2. Termination of the Contract will not affect our rights and remedies that have accrued as at termination.
    3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  24. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract (a) we will contact you as soon as reasonably possible to notify you, and (b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
  25. Communications between us
    1. When we refer to “in writing” in these Terms, this includes email.
    2. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice or other communication is deemed to have been received (a) if delivered personally, on signature of a delivery receipt, (b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 on the second working day after posting, or (c) if sent by email, at 9.00 the next working day after transmission.
    4. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  26. General
    1. Assignment. We may assign or transfer our rights and obligations under the Contract to another entity.
    2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    6. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
  27. PART 3: SERVICE LEVEL TERMS

  28. Definitions
    1. The following definitions and rules of interpretation shall apply in this Part 3:
      1. Help Desk Support: any support provided by Viewerlabs technicians to identify and resolve support issues relating to the Services;
      2. Support Hours: seven days a week, 24 hours a day including bank holidays except Christmas Day;
      3. Support Period: any period during which you are in receipt of the Services;
      4. Support Request: a request made by you in accordance with this Part 3 for support in relation to the Services;
      5. Support Services: maintenance and support of the Services purchased from the Website.
    2. All other capitalised terms in this Part 3 shall have the meaning given to them in Parts 1 and 2.
  29. SUPPORT SERVICES
    1. During the Support Period we shall perform the Support Services during the Support Hours.
    2. As part of the Support Services, we shall (a) provide Help Desk Support by means of a chat function located in the bottom right corner of the Website support page, and (b) use reasonable efforts to correct all faults in the Services notified to us by you.
    3. We may at our sole discretion determine that the support requested is “out-of-scope” and does not qualify for the Support Services. If we make any such determination, we shall promptly notify you of that determination.
  30. Costs
    1. The provision of Support Services on a remote, off-site basis within the Support Period shall be included in the fees paid by you for the Services.
  31. SUBMITTING SUPPORT REQUESTS
    1. You may request Support Services by way of a Support Request. Each Support Request shall include a description of the problem and the start time of the incident.
    2. You shall provide us with (a) prompt notice of any faults, and (b) such information and assistance as is reasonably necessary to assist us to detect the relevant fault and to respond to the Support Request.
  32. SERVICE LEVELS
    1. We shall (a) prioritise all Support Requests based on its reasonable assessment of the severity level of the problem reported, and (b) promptly respond to all Support Requests. We shall give you updates of the nature and status of our efforts to correct any fault.
  33. Service credits
    1. If we fail to provide a solution to the fault, or in the event that one of our Services is offline, you will be compensated for the loss when the Service returns. Compensation will be automatically added to your account.