LIVECATALOG LIMITED - TERMS OF SERVICE
This document sets out the Terms and Conditions ("Terms") on which Livecatalog Limited (Company No. 586197
and VAT No. 3442619SH of 22 Northumberland Road, Ballsbridge, Dublin 4, D04 ED73 ("Livecatalog" Our
Us We Site Owner”) provides customers with access to certain online catalog services through the website,
www.livecatalog.com ("Site").
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THIS SITE AND THE LIVECATALOG
SERVICES. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THIS SITE AND
THE SERVICES. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR FUTURE
REFERENCE.
YOU ACKNOWLEDGE AND AGREE THAT BY REGISTERING (OR IN THE PROCESS OF REGISTERING) ON
OUR SITE AS BEING EITHER:
(i) A PUBLISHER (ALSO REFERRED TO AS “OWNER OF THE CATALOG FOR THE PURPOSES OF
CLAUSE 1(p) (A PERSON INCLUDING A LEGAL ENTITY) WHO WISHES TO PUBLISH
INFORMATION ABOUT GOODS OR SERVICES OFFERED BY IT IN THE FORM OF AN
ELECTRONIC CATALOGUE (“CATALOG”); OR
(ii) A BUYER (A PERSON INCLUDING A LEGAL ENTITY) WHO INTENDS TO ACCESS THE
CATALOGS AND PLACE ORDERS FOR THE ITEMS OFFERED IN THE CATALOGS BY
MEANS OF THE SITE FOR HIS OR HER TRADE, BUSINESS, CRAFT OR PROFESSION OR OTHER
PERSONAL USES WHETHER IT IS DONE ON BEHALF OF A COMPANY, ORGANIZATION, OR ON
YOUR BEHALF AS A SOLE TRADER OR AS AN INDIVIDUAL.
NONETHELESS, HOWEVER YOU REPRESENT YOURSELF FOR THE PURPOSES OF THESE TERMS YOU
WILL BE DEFINED COLLECTIVELY AS THE "CUSTOMER" YOU YOURUSER, AND YOU AGREE TO BE
BOUND BY THESE TERMS AND WARRANT AND REPRESENT THAT YOU HAVE FULL CAPACITY AND
AUTHORITY TO ENTER INTO THIS AGREEMENT WHETHER THIS IS IN YOUR OWN RIGHT OR ON
BEHALF OF A LEGAL ENTITY.
1. The Site & the Services
(a) The Site is owned and managed by Livecatalog.
(b) In consideration for the payment of the fees by the Customer (as set out in clause 9), Livecatalog
and/or our approved local partners (as the case may be) shall provide you with the services as
described on the Site, which allow you, the Customer to create online catalogs ("Services"). The
Services typically include the following key features:
(i) the facility to assist the wholesale and supply sector in the production of an online catalog;
(ii) the facility to assist the publishing sector in the production of an online catalog;
(iii) the facility to assist the e-commerce sector in the production of an online catalog;
(iv) the facility to provide online catalog template types;
(v) the facility to upload and download online catalog templates;
(vi) the facility to connect with other parties who may be interested in purchasing an uploaded
catalog through the Site;
(vii) the ability to modify, edit and publish the online catalogues for the Customer’s own use;
(viii) the facility to access and view the online catalog templates;
(ix) ability to access, select and purchase their chosen online catalog template;
(x) ability to assist with price management and Paypal setup for business to business Customers;
and
(xi) any other features and functionalities provided by Livecatalog to the Customer from time to
time.
(c) For the avoidance of doubt, Livecatalog obligations shall be limited only to the provision of the
Services and do not in any way include acting on your behalf. Nothing in these Terms is intended to, or
shall be deemed to, establish any partnership or joint venture between you, the Customer and
Livecatalog, nor appoint either party as the agent of the other, nor authorise either party to make or
enter into any commitments for or on behalf of the other party.
(d) Livecatalog may from time to time add, modify, suspend or cease (temporarily or permanently) the
provision of any element of the Services upon notice to you, this notice will be at our election whether
through a public posting on our Site or a general email to the Customer or any other medium of our
choosing.
(e) Livecatalog shall have no obligation to notify you in the event of an unplanned service downtime in
respect of the Services and/or the Site. In the event of a planned service downtime in respect of the
Services and/or the Site, Livecatalog shall use reasonable endeavours to notify you in advance
provided that Livecatalog is reasonably able to do so.
(f) In order to use the Services, you shall first be required to register with Livecatalog by completing the
online user registration form on the Site https://livecatalog.com/sign-up/ (“User Registration”)
(g) Livecatalog shall provide confirmation on its Site of the Customer’s User Registration by publishing an
automatic acknowledgement and confirmation web html page immediately post registration and/or
shall send the Customer a confirmation email ("Confirmation Email") provided Livecatalog has
received, accepted and confirmed the Customer’s registration. The Customer’s contract to use the
Services and/or the Site on these Terms ("Contract") commences on the date of the Confirmation
Email.
(h) Upon successful User Registration, Livecatalog will provide you with a set number of services
depending on the information provided by you on the initial User Registration sign up. These may
include but are not limited to the following Service features such as: (i) simultaneously allowing you be
the owner of a Catalog or magazine, the Publisher and the Buyer. In such circumstances, as a
Publisher, you can upload your Catalogs or magazines and turn it into modern interactive sales tool for
your benefit; (ii) or alternatively or in unison you can be a Buyer, and access and view other Catalogs
and place orders in the Catalogs having an “open status”. If you want to gain full access to the
"Limited" status Catalogs you, the User will need to send a request to the Publisher of the Catalog and
obtain permission from them (further information is detailed on the Site’s sign up page).
(i) Livecatalog reserves the right to conduct verification and security procedures in respect of all
information provided by the Customer to Livecatalog. If Livecatalog has reason to believe that the
information provided by the Customer to register and use any of the Services and/or the Site breaches
or is likely to breach any of the provision in these Terms, Livecatalog at its sole discretion may take
any action that it deems appropriate including without limitation, to terminate the Services and the
Customer’s use of the Site.
(j) These Terms shall apply to any and all parties who access and use the Site and/or the Services
through the Customer’s account.
(k) We, as Site Owners, own the server space, the Site and the software, which enables the conversion of
graphic catalogs (pdf format) into interactive catalogs containing editable features (by permission from
the Publisher, who has the IP rights or declares to own similar rights for purposes of these Terms) and
thus provides an instrument for the Buyers to order the items from Сatalogs, and to the Publishers to
accept and process such orders.
(l) By these Terms, we give you access to our software (SaaS) and are not responsible for your relations
with the third parties.
(m) Once you, the Customer have been registered on the Site, you can act, depending on your
circumstances, as a Buyer or as a Publisher who will have access to certain functions of the Site, such
as uploading a Catalog, managing orders, etc. For the avoidance of doubt, the User shall not register
on the Site as a Publisher, unless she/he is acting as an authorized representative of a Publisher.
(n) The Customer must immediately notify Livecatalog if it has reason to believe that there has been
unauthorised use or access to the Customer’s logins and/or the Customer’s profile on the Site. The
Customer shall be solely responsible and liable for any breaches of these Terms arising out of or
resulting from use of the Customer’s logins to access the Services and/or the Site whether such use is
authorized or not.
(o) There are three (3) types of Catalogs offered on our Site: restricted, limited and open access:
Option Description
(A) Restricted Status No one can access and use this Catalog for viewing
and placing orders except Users for whom the Owner
of the Catalog gives permission.
(B) Limited access The Catalog can be viewed free by all Users but only
Users approved by the Owner can see prices and place
orders from the Catalog.
(C) Open Catalog The Catalog can be freely viewed and is available for
placing an order by any User.
2. Catalogs and Orders The Publisher
(a) The Publisher may place Catalogs and use other functions of the Site to determine accessibility of
the Catalog. The Publisher undertakes to provide correct and full information about the goods and
services offered for sale by means of Catalog, and about itself.
(b) The Publisher understands, acknowledges and agrees that:
(i) by placing the Catalog accessible to the other users of the Site the Publisher offers the
goods for sale, or offers to provide services presented in the Catalog at the price indicated
in the Catalog;
(ii) the Site functionality allows the Buyers with full access to the Catalog to place orders for all
goods presented in Catalogs for which the price is stated by the Publisher; and
(iii) the Buyers may have a right to withdraw their order according to the applicable legislation
and to the agreement made between the Buyer and the Publisher.
FOR THE AVOIDANCE OF DOUBT WE, LIVECATALOG SHALL IN NO EVENT BE LIABLE IN ANY
WAY WHETHER DIRECTLY OR INDIRECTLY HOWSOEVER ARISING FOR THE WITHDRAWAL OF
THE ORDER BY A BUYER.
(c) If the Publisher indicates one of its Catalogs as open, or grants access to making orders with one
of its Catalogs to a User, the Publisher undertakes to comply with applicable legislation with regard
to consumers' rights. The Publisher shall, without any limitation to the foregoing, clearly indicate
the following information:
(i) its full name and registration number;
(ii) its geographical address, phone number and e-mail;
(iii) the price of the item;
(iv) the arrangements for delivery or performance of order; and
(v) other information which the trader is required to provide to the consumer under the
applicable legislation.
If the Publisher fails to comply with these requirements or other requirements of applicable legislation on
consumers' rights, we reserve the right to restrict the ability of Users to make orders with the said Catalog,
until the breach is cured to our satisfaction.
3 Orders The Buyer
(a) The Buyer understands and acknowledges that:
(i) as the Site Owner, Livecatalog is not offering for sale any goods presented in Catalogs, and
is not responsible for fulfilling the Buyer's order placed by means of the Site;
(ii) any claims regarding the Buyer's orders shall be forwarded to the Publisher; and
(iii) the terms and conditions of payment, delivery and return policy are subject to the
agreement made between the Buyer and the Publisher and for the avoidance of doubt not
Livecatalog.
(b) The agreement between the Buyer and the Publisher shall be considered:
(i) as a sale based on samples; and
(ii) the sale-purchase agreement will be considered as concluded between the Buyer and the
Publisher once the Buyer has made the payment for the particular goods chosen via the
Catalog (i.e. publication of the Catalog is considered as due offering and the payment for
the chosen goods is considered as due acceptance of the offering).
4. Covenants of the Parties
(a) The User as a Publisher represents, warrants and covenants that:
(i) all Intellectual Property (IP) belonging to their owners and are not used without their express
or implied permission and the Publisher covenants that all IP other necessary rights are
timely obtained by such Publisher from the respective IP owner when necessary or can
prove that such IP could have been used without written permission of the owner of
respective IP. For the purposes of these Terms, “Intellectual Property” or IP shall mean
all present and future rights conferred by statute, common law, equity or any corresponding
law in or in relation to copyrights, trademarks, designs, patents, business and domain
names, inventions, confidential information and other results of intellectual activity in the
industrial, commercial, scientific, literary or artistic fields whether or not registrable,
registered or patentable;
(ii) the Publisher carries all responsibility arising from possible infringement of such rights; (i)
according to law of country of residence of the IP owner; (ii) according to the law of the
country where such infringement could have occurred; and/or (iii) according to rules of any
international institution or government body;
(iii) If the Publisher's right to use the Catalog or part, or other IP in respect of the Catalog is
terminated or otherwise ceases, the Publisher shall immediately delete the respective digital
content from the Site;
(iv) the Publisher has a right to offer the goods and services as described in the Catalog, and it
is the responsibility of the Publisher to ensure that it complies with all applicable laws;
(v) the Publisher undertakes to reimburse, hold harmless and indemnify us, Livecatalog against
all claims with respect to infringement of third party IP rights or to breach of applicable
advertising laws or any other relevant applicable laws, including fines, damages, lost profit,
court and legal expenses;
(vi) that there is no non-infringement of third parties IP or other rights and that it owns all the IP
rights in all Catalogs uploaded to the Site and/or has all required licences and permissions
to use the Catalog on the Site and grants to Livecatalog a non-exclusive, perpetual,
transferable, sub-licensable, royalty-free, worldwide license to use any digital content that
the Publisher posts on or uploads on the Site to copy, store and transmit the said digital
content or such other actions of the said digital content in order for Livecatalog to deliver the
Services to the Users;
(viii) the Publisher agrees that we may use any suggestion, comment or recommendation
provided to us without compensation.
(b) Livecatalog states that:
(i) each Catalog, uploaded on the Site, will be published according to predefined permissions,
such were set by the Publisher uploading it on the Site;
(ii) software, information, content and data related to this Site and/or the Service which are
owned by LiveCatalog and are subject to IP and other similar rights and are protected by
the relevant laws, and may contain trade secrets or other intellectual or industrial property
are owned by us or appropriately licensed to us by the relevant third parties as applicable;
(iii) it does not modify information uploaded by the User (with the exception of converting digital
content into a Catalog) and is not liable for the contents of the Catalog.
5. Customer obligations
5.1 The Customer shall at all times use the Services and the Site in accordance with these Terms.
5.2 The Customer shall ensure that its use of the Services and/or the Site, including the submission of
any information, data, images, videos, audio, files, links to external Sites, communication between
Users, and all other material of any format ("Submissions"):
(i) comply with all applicable laws and legislations;
(ii) do not infringe any intellectual property rights or other proprietary rights of any third party;
(iii) is not and cannot reasonably be deemed to:
be offensive, illegal, inappropriate or in any way;
promote racism, bigotry, hatred or physical harm of any kind against any group or
individual;
harass or advocate harassment of another person;
display pornographic or sexually explicit material;
promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
promote any illegal activities;
provide instructional information about illegal activities, including violating someone
else’s privacy;
create computer viruses or implement any form of software or scripts onto the Site that
have the appearance of coming from a user or candidate (for the avoidance of doubt,
this shall not apply to API use);
promote or contain information that you know or believe to be inaccurate, false or
misleading;
engage in the promotion of contests, sweepstakes and pyramid schemes, without our
prior written consent;
exploit people in a sexual or violent manner;
invade or violate any third party’s right to privacy
publish products in Catalogs that do not correspond to their description;
publish Catalogs with the aim of harvesting information from users for any reason other
than legitimate Service requirement;
publish Catalogs that direct users to apply through means that are not supported by
Livecatalog and the Site;
publish Catalogs on behalf of a company without their knowledge and consent; and
transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or
"spamming";
and the Customer hereby indemnifies Livecatalog for all losses, liabilities, costs and expenses
(including but not limited to legal costs) suffered or incurred by Livecatalog which arise directly or
indirectly from a breach by the Customer of this clause 5.2.
5.3 The Customer shall not register more than once for the purpose of circumventing Customer
limitations which have been created by the Site such as the number of Catalogs permitted to be
uploaded and the Customer hereby indemnifies Livecatalog for all losses, liabilities, costs and
expenses (including but not limited to legal costs) suffered or incurred by Livecatalog which arise
directly or indirectly from a breach by the Customer of this clause 5.3.
5.4 Unless otherwise explicitly stated by Livecatalog, Livecatalog does not vet, verify the accuracy,
correctness and completeness, edit or modify any Submissions or any other information, data
and materials created, used and/or published by the Customer on the Site to determine whether
they may result in any liability to any third party. The Customer hereby warrants that the
Customer has the right to use all such information and material.
5.5 Notwithstanding clause 5.2 and 5.3, Livecatalog reserves the right to refuse to publish any
Submissions, or to at any time remove or edit a Submission (in whole or in part), if Livecatalog
has reason to believe that the Customer’s use or intended use of the Services and/or the Site
breaches or may breach these Terms.
5.5 The Customer shall not:
(i) at any time use the Services and/or the Site with the purpose of impersonating another User
or person; and
(ii) use the information made available to the Customer through its use of the Services and/or
the Site for any purpose other than in connection with the Services; and
(iii) do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause
harm or distress to any person or all or any part of any computer, computer network,
telecommunications service or infrastructure.
5.6 Livecatalog takes very seriously breaches of the Terms, and in particular, this clause 5, very
seriously and therefore reserves absolutely the right to take any action that Livecatalog deems
necessary. This can include, without limitation, suspension or termination of the Customer’s use
of the Services and/or access to the Site. In certain circumstances Livecatalog may choose to
instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the
Site, or disclose information to any third party who is claiming that any material posted or
uploaded onto the Site constitutes a violation of their intellectual property rights or of their right to
privacy or if the material is posted without that third party’s prior consent. The Customer shall
promptly notify Livecatalog if it is aware of any or any suspected breaches under clause 5 by mis-
use or otherwise under its User account in relation to the Services.
6. Customer interaction with other Users
6.1 The Customer shall ensure that any Catalogs it publishes through the Site contains sufficient
information to allow a User to make an informed decision when making a purchase.
6.2 The Customer warrants and represents to us that the information provided shall be correct,
complete, accurate and up to date. In the event the information is incorrect, incomplete,
inaccurate or out of date, then the Customer must immediately take all necessary steps to rectify
such information.
6.3 The Customer is solely responsible for the use of the Services through the Site.
6.4 The Customer acknowledges that Livecatalog does not have any control of and therefore cannot
accept any liability in respect of the behaviour, response or actions of Users. Livecatalog does
not warrant, represent or guarantee that the Customer will be able to fulfill their requirements
using the Services in any manner whatsoever.
6.5 The Customer hereby indemnifies Livecatalog against all losses, liabilities, costs and expenses
(including but not limited to legal costs) suffered or incurred by Livecatalog which arise directly or
indirectly from, or any breach by the Customer.
7. Warranties
7.1 The Customer hereby warrants that (a) it has the right and capacity to enter into and be bound by
these Terms; (b) it shall comply with all applicable laws regarding it’s use of the Services and the
Site; and (c) agrees to abide by the rules and reasonable directions of Livecatalog relating to the
Site and the Services as may be provided by Livecatalog from time-to- time.
7.2 Livecatalog relies on other service providers (such as network provider, data centres,
telecommunication providers) to make the Services and the Site available to the Customer.
Whilst Livecatalog takes all reasonable steps available to it to provide the Customer with a good
level of service, Livecatalog does not guarantee that such service shall be fault free or
uninterrupted at all times. Livecatalog therefore shall not be liable in any way for any losses the
Customer may suffer as a result of delays or failures of the Services and Site as a result of
Livecatalog’s service providers.
7.3 Except as expressly set out herein, to the maximum extent permitted by law, Livecatalog
expressly excludes all representations, warranties, obligations and liabilities in connection with
the Services and the Site, including but not limited to the warranties of merchantability, non-
infringement of intellectual property, accuracy, completeness, fitness for a particular purpose,
and any warranties arising by statute or otherwise in law or from course of dealing, course of
performance, or use of trade are hereby excluded and disclaimed.
7.4 LIVECATALOG MAY DISPLAY OR PROVIDE LINKS OR OTHER INTERACTION WITH THIRD
PARTY SITES AND THIRD PARTY ADVERTISING BANNERS ON THE SITE ("THIRD PARTY
SITES"). USE OF ANY SUCH THIRD PARTY SITES AND SERVICES SHALL BE AT THE
RISK OF THE CUSTOMER AND SUBJECT TO THE TERMS AND CONDITIONS OF THE
THIRD PARTY SITE PROVIDER.
8. Liability and Waiver
8.1 The Customer agrees and understands that Livecatalog is under no circumstances and under no
obligation to check whether Intellectual Property is being used which breaks someone else’s
Intellectual Property rights. The Customer who is uploading the Catalog or using Intellectual
Property is responsible for performing all necessary checks in respect of the IP and in doing so
releases Livecatalog from any liability and/or expenses connected with Intellectual Property
claims.
8.2 Livecatalog reserves the right to delete the Catalog or part of it if there is an Intellectual Property
claim, and the Customer who has published the Catalog or have been using Intellectual Property
in other way shall resolve the Intellectual Property claim and reimburse for and hold harmless the
Livecatalog from any losses including loss of profits for the period during which the Catalog or
part of it stayed unavailable.
8.3 The access to the Livecatalog software (“Software”) is provided "as is," and “as available” with
no warranties of its correct functioning. We, Livecatalog, do not give any warranties regarding the
security, reliability, timeliness, and performance of the Software. We do not warrant that the
access to the Services will be uninterrupted or that any errors in Software will be corrected
promptly when reported.
8.4 Nothing in this Agreement removes or limits the liability of Livecatalog for fraud, gross
negligence, wilful misconduct, or for death or personal injury, or other kinds of liability limitation of
which is prohibited by the applicable laws.
9. Payments
9.1 Payments for the use of the Site and/or the Services are determined according to the tariffs page
of our Site located at: master.livecatalog.com/tariffs.php
9.2 The use of the Services for the Buyers is free.
9.3 We provide access to third party payment systems (for example: Paypal, Stripe etc.) on the Site
to which the Catalog is linked. The role of Livecatalog is limited only to informing you, and
providing access to these third party payment systems and to assist you, the Publisher (Owner of
Catalog) and customer or purchaser of the Catalog. In relation to initial registration and ongoing
account profile details into these third party payment systems, this is performed by the Publisher
and not Livecatalog. We neither collect nor store any personal data connected to such payment
and you waive us from any liability in connection with the third party payment system (i.e. all
inquiries regarding payments shall be referred either to relevant third party payment system). All
the payments are performed by the parties that place and process the orders only and the Site
Owner is not liable for any purchase, delivery, payment transactions, or any of selling and/ or
buying related procedures.
9.4 Livecatalog may offer Customers the option to purchase additional products and services that are
supplied by third parties as set out on the Site. Use of such products by the Customer shall be
governed by the relevant third party’s terms and conditions, a copy of which shall be available
from the Site. The Customers shall comply with such third party’s terms and conditions.
9.5 ALL PAYMENTS DIRECTLY RELATED TO LIVECATALOG SERVICES ARE NON-
REFUNDABLE AND EXCLUSIVE OF VAT AND ALL OTHER TAXES OR DUTIES.
10. Defaults and termination
10.1 The following shall constitute events of default and termination:
10.1.1 the User has not paid for the Services when due and owing. The termination in such
an event entitles Livecatalog to delete all data related to the Catalog, this includes
without limitation, images, prices, product details etc. immediately after 30 (thirty)
calendar days from date of invoice. During the 30 (thirty) days all the data related to
Catalog(s) shall remain stored on the server.
10.1.2 either party being subject to insolvency event;
10.1.3 the User infringes any IP rights; and
10.1.4 the occurrences of any event or circumstances found to exist with respect to the User,
which would result in infringement of the third party IP or other rights relating to the
Catalog or User account.
10.2 The rights herein shall not be in substitution but in addition to any or all rights and remedies for
breach of contract granted by the applicable laws.
10.3 Notwithstanding the foregoing, neither party shall be deemed to be in default under these Terms
and therefore this agreement may not be terminated if a bona fide dispute with respect to any of
the foregoing events of default has arisen between parties and such dispute has been submitted
by either party to arbitration or for determination by an expert if needed.
11. Termination
11.1 FOR THE AVOIDANCE OF DOUBT, PAYMENTS MADE BY THE CUSTOMER ARE NON-
REFUNDABLE ON TERMINATION OF THE SERVICES.
11.2 Livecatalog shall be entitled to suspend and/or terminate the Customer’s access and use of the
Site and/or the Services:
11.2.1 if Livecatalog’s network providers and suppliers cease providing Livecatalog with their
services; or
11.2.2 if Livecatalog has reason to believe that the Customer has breached any of the
provisions of these Terms; or
11.2.3 for any reason whatsoever and without any liability.
11.3 Upon termination of the Customer’s Site account in accordance with this clause 11, the Customer
may no longer access or use the Services and the Site.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO CLAUSES 12.2 AND 12.3, THE MAXIMUM AGGREGATE LIABILITY OF
LIVECATALOG (INCLUDING ITS RESPECTIVE AGENTS, SUB-CONTRACTORS OR
REPRESENTATIVES) UNDER, ARISING FROM OR IN CONNECTION WITH THE PROVISION
OF THE SERVICES AND/OR THE SITE, WHETHER ARISING IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED A SUM EQUIVALENT
TO THE TOTAL PAYMENTS MADE BY THAT CUSTOMER AND RECEIVED BY
LIVECATALOG FOR A PERIOD OF TWELVE (12) MONTHS PRECEDING THE EVENT
GIVING RISE TO LIABILITY.
12.2 TO THE EXTENT PERMITTED BY LAW, LIVECATALOG EXPRESSLY EXCLUDES: ALL
CONDITIONS, WARRANTIES AND OTHER TERMS WHETHER EXPRESSED OR WHICH
MIGHT OTHERWISE BE IMPLIED BY STATUTE OR COMMON LAW;
i. ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS WHICH ARE LOSSES
INCURRED AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE;
ii. LOSS OF PROFIT;
iii. LOSS OF INCOME OR REVENUE;
iv. LOSS OF BUSINESS OR CONTRACTS;
v. LOSS OF DATA;
vi. LOSS OF GOODWILL AND REPUTATION;
vii. LOSS OF EXPECTATION;
viii. LOSS OF OPPORTUNITY;
ix. LOSS, ARISING OUT OF, OR IN CONNECTION WITH A BREACH OF OBLIGATIONS
BETWEEN PARTIES ENTERING INTO AGREEMENTS, OR HAVING ENTERED INTO
AGREEMENTS WHETHER VERBAL OR OTHERWISE THROUGH USE OF THE
LIVECATALOG SITE WHICH LIVECATALOG IS NOT A PARTY TO (FOR EXAMPLE,
THIS INCLUDES BUT NOT LIMITED TO: FAILURE TO PAY AND/OR TO DELIVER
THE PRODUCTS AS AGREED, OR ANY OTHER BREACH OR OTHERWISE ARISING
FROM SUCH A TRANSACTION) OR
x. LOSS ARISING OUT OF OR IN CONNECTION WITH WASTED MANAGEMENT OR
OFFICE TIME;
xi. ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH
OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
12.3 Nothing in these Terms shall serve to limit or exclude Livecatalogs liability for death or personal
injury resulting from Livecatalog’s negligence or any liability for fraudulent misrepresentation.
13. Intellectual property rights
13.1 Livecatalog and its licensors own all rights in the Intellectual Property rights relating to the
Services and the Site, these IP rights include but not limited:
(a) all rights in all applications to register these rights;
(b) all renewals and extensions of these rights; and
(c) all rights in the nature of these rights, such as moral rights.
Catalog hereunder means text, images or other digital content, describing goods or services offered
for order and purchase.
Site Internet site available at www.livecatalog.com, including but not limited to all Software forming
part of the Site. Those works are protected by copyright laws and treaties around the world. Nothing in
this Agreement will serve to transfer from Livecatalog to the Customer any of the IP rights relating to the
Software and/or the Site, and all right, title and interest in and to the Software and the Site will remain
exclusively with Livecatalog and/or Livecatalog’s licensors. All rights in and to the Software and the Site
not expressly granted to the Customer are reserved by Livecatalog and the relevant third party licensors.
13.2 The Customer may print off one copy and may download extracts of any pages from the Site
solely for use by the Customer; and the Customer may draw the attention of other Users to
Submissions or materials posted on the Site. The Customer must not use any part of the
Submissions of other Users and all materials on the Site for any purpose other than accessing
the Site or obtaining a benefit from the Services in accordance with these Terms.
13.3 The Customer shall not, and shall procure that any collaborators and/or representatives and/or
agents of the Customer shall not: (i) modify, translate, create or attempt to create derivative
copies of or copy the Software or the Site in whole or in part; (ii) reverse engineer, decompile,
disassemble or otherwise reduce the object code of the Software or the Site to source code form;
(iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security
interest in or otherwise transfer the Software or the Site or the Customer’s right to use the
Software or the Site.
13.4 The Customer warrants that the Customer owns or has the right or license to use the intellectual
property rights in the Customer information, and all information and materials provided by the
Customer to Livecatalog.
13.5 The Customer hereby grants Livecatalog, a non-exclusive, perpetual, transferable, sub-
licensable, worldwide, royaltyfree license to make use of the Customer information, and all other
information and material provided by the Customer to Livecatalog in respect of the Services, for
the purpose of providing the Services to the Customer.
13.6 The Customer hereby indemnifies and holds harmless Livecatalog against all losses, liabilities,
costs and expenses (including but not limited to legal costs) arising from or incurred by reason of
any infringement of any IP right by the use or possession of the Customer information, and all
other information and material provided by the Customer to Livecatalog.
14. Data protection & privacy policy
14.1 The Customer and Livecatalog shall comply with all applicable data protection and privacy laws
and regulations in the performance of its obligations set out under these Terms, principally the
General Data Protection Regulation (“GDPR), from the GDPR implementation date being the 25
May, 2018) or, until GDPR implementation date, the Data Protection Act 1988-2003 (“Data
Protection Laws”). In each case including all other successor legislation and regulation thereto.
14.2 Livecatalog processes personal data which it collects in the course of providing the Services to
you in accordance with the Data Protection Laws, its standard Privacy Policy and Cookies Policy
which is accessible on the Site.
14.3 For personal data which is processed by Livecatalog on the Customer’s behalf as part of the
Services, Livecatalog will act strictly in accordance with the Customer’s instructions by following
such processing and security obligations as are contained in these Terms. The Customer
confirms that it is solely responsible for ensuring that any such processing and security
obligations comply with all applicable data protection law and legislation. The Customer hereby
indemnifies Livecatalog against all losses, liabilities, costs and expenses (including but not
limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with
this clause 14.
15. General
15.1 If Livecatalog fails at any time to insist upon strict performance of its obligations under these
Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these
Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the
Customer from compliance with such obligations. No waiver by Livecatalog of any of these
Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the
Customer in writing.
15.2 All notification and communication to Livecatalog should be sent to the contact details made
available to the Customer on the Site.
15.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to that extent, be severed from
the remaining terms, conditions and provisions which shall continue to be valid to the fullest
extent permitted by law.
15.4 These Terms, the Privacy Policy and the Cookies Policy represent the entire agreement between
the Customer and Livecatalog in respect of the Customer’s use of the Services and/or Site and
shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
15.5 The Customer acknowledges that in entering into these Terms, the Customer has not relied on
any representations, undertaking or promise given by or implied from anything said or written
whether on the Site, the Internet or in negotiation between the parties except as expressly set out
in these Terms.
15.6 Livecatalog reserves the right to modify these Terms at any time without notice.
15.7 All disputes and claims arising from this Agreement or connected with it, including its execution,
breaches, termination or consideration as voidable, are to be resolved according to the Rules of
Arbitration by one or more arbitrators who hold current membership with the Chartered Institute
of Arbitrators (Irish Branch) and such arbitration shall be held at the Dublin International
Arbitration Centre, located at the Distillery Building, Church Street, Arran Quay, Dublin.
15.8 In case of frustration, or voidness of Agreement, or force majeure circumstances the parties to
this Agreement are relieved from their obligations after 90 days of continuing force majeure. The
party to which force majeure lasts more than 90 days is obliged to publish (to post, or in other
equivalent way) the declaration of force majeure circumstances led to frustration in fulfilling
obligations under this Agreement, and after such declaration the party is relieved from its
obligations under this Agreement until the force majeure circumstances end.
15.9 These Terms shall be governed by and construed in accordance with Irish law and shall be
subject to the exclusive jurisdiction of Irish courts.
15.10 All changes to this Agreement are legal if made in written form or equivalent (email, public post,
etc.).
15.11 This Agreement shall prevail over any further agreements except those made in addition to these
Terms between parties until it is terminated.