Haven Time Terms of Service – dated 16 November 2020

These Terms of Service (“Terms”) apply to your access to and use of the www.myhaventime.com website and associated online products and services (collectively, the “Services”) provided by Haven Time Pty Ltd (“Haven Time”).  

By clicking “Sign-in” or by using our Services, you agree to these Terms.

If you have any questions about these Terms or our Services, please contact us at contactus@myhaventime.com.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. 

Privacy Policy

Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

Responsibilities

You are responsible for your use of the Services. By accepting these Terms and using the Services on behalf of another person or entity, you represent that you are authorised to do so. 

To use our Services, you must be at least 13 years old. If you are under 13 years of age you cannot use the Services.  You affirm that you are more than 13 years of age and if you are not yet 18 years of age, that you have legal parental or guardian consent and are fully able and competent to enter into and comply with this Terms of Service.

If you use the Services to access, collect, or use personal information about other Haven Time users (“Personal Information”), you agree to do so in compliance with applicable laws and that you or a third party has provided all required notices and collected all required consents.  You further represent and warrant that Haven Time’s use of such Personal Information in accordance with any purposes for which you may have provided us the Personal Information will not infringe any rights and will not cause Haven Time to violate any laws.

Communications

Haven Time will communicate with you by posting news and notices at www.myhaventime.com and by sending you emails. You agree that communications and transactions between us may be conducted electronically and meet any applicable legal requirements that such communications be in writing.

User Account

You are responsible for maintaining the confidentiality of your private user details including your username and password.  You are responsible for all activities that occur under your account or password. 

You agree to maintain accurate and current account information including contact details for communications from us. 

Content on the Services

You are responsible for your use of the Services and any content you provide, including compliance with applicable laws. Please respect the intellectual property rights of owners of content on the Services.  These include copyright in content published on www.myhaventime.com including digital downloads, images, audio recordings, visual recordings, text, graphics and logos, and do not copy, upload, download, or share content unless you have the right to do so.

You agree that any content you submit, post or display on or through the services is not obscene, illegal, defamatory, threatening, invasive of privacy or injurious to third parties and does not infringe intellectual property rights.  Content must be free of software viruses or political campaign content. 

Haven Time may review your conduct and content for compliance with these Terms, and reserves the right to edit or remove any violating content.

Haven Time reserves the right, but not the obligation, to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of infringers.

Rights and Ownership

If Haven Time needs to display or distribute your content across our Services Haven Time will contact you in writing to request a nonexclusive, royalty-free, license to use, reproduce and publish such content, permission for which will not unreasonably be denied.  

The Services and associated trade marks are protected by intellectual property rights.  Haven Time grants you a limited, personal, non-exclusive, and non-assignable license to access and use our Services. 

Termination

You may terminate your account and stop using our Service at any time at the Settings page of www.myhaventime.com.  

Haven Time reserves the right to suspend or terminate your access to the Services with or without notice and for reasonable cause.  Haven Time also retains the right to create limits on use and storage and may remove or limit content distribution on the Services.

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in Australia and other countries, where you may not have the same rights and protections as you do under your local law.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Haven Time, and our officers, directors, agents, partners and employees (individually and collectively, the “Haven Time Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) related to your infringement of any rights of another party or your violation of the law. You agree to promptly notify Haven Time of any third-party Claims, cooperate with Haven Time Parties in defending such Claims and pay all costs associated with defending such Claims. You also agree that Haven Time will have control of the defense or settlement, at Haven Time’s sole option, of any third-party Claims.

Disclaimers 

Your use of Haven Time Services and any third-party content is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Haven Time does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Haven Time or through the Services will create any warranty or representation not expressly made in this paragraph. Haven Time may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available through our Services.  Haven Time does make any representations or warranties regarding, any third-party content. 

Limitation of Liability

Haven Time cannot exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Haven Time or the other Haven Time Parties in providing the Services. In countries where the following types of exclusions are not allowed, Haven Time is responsible to you only for loss and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph does not affect consumer rights that cannot be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, Haven Time and Haven Time Parties are not liable for:

(a)   Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Haven Time or the other Haven Time Parties have been advised of the possibility of such damages;

(b)   Other than for the types of liability that cannot be limited by law (as described in this section), the total liability of Haven Time and the other Haven Time Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use Haven Time Services.

Dispute Resolution

If a dispute should arise you agree in the first instance to attempt to resolve the dispute informally. You agree to contact Haven Time regarding any dispute by sending a written notice of your claim by email to contactus@myhaventime.com or by certified mail addressed to Haven Time Pty Ltd at P.O. Box 2125, Ivanhoe East, Victoria, 3079, Australia.  The notice must (a) include your name, address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought.

Haven Time will contact you regarding any dispute by forwarding a notice regarding any dispute to you at the email address associated with your online account and will include the information described above. 

Mediation

If the dispute cannot be resolved within thirty (30) days after the abovementioned notice is sent, the parties agree to attempt to settle the dispute by mediation.  The parties will refer the dispute to the Dispute Settlement Centre of Victoria, 4/456 Lonsdale Street, Melbourne, Victoria 3000 (ph.1300 372 888) (www. disputes.vic.gov.au) for facilitation of a mediation.

It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.

Governing Law 

By visiting www.myhaventime.com you agree that these Terms and any dispute that arises between you and Haven Time will be governed by the laws of the State of Victoria, Australia, without regard to principles of conflict of laws.   

Amendments

Haven Time reserves the right to make changes to these Terms from time to time. Haven Time will notify you of changes by updating the date of these Terms. Unless otherwise stated, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. 

Severability

If any part of these Terms is unlawful, void or unenforceable, that part is severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Haven Time’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the Services and supercedes all prior understanding of the parties