Home / Terms of Service

PART 1 - OVERVIEW

This website is operated by Havven. Throughout the site, the terms “we”, “us” and “our” refer to Havven. Havven offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced in these Terms and available by hyperlink. These Terms of Service apply to all users of the site, including users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions set out in these Terms of Service, then you must not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

PART 2 – WEBSITE USE

GENERAL CONDITIONS REGARDING YOUR USE OF THE WEBSITE

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer, disassemble modify, adapt, sub-license, translate or decompile 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. You must not disclose to any other person any username and password that we give to you.  We will assume that any use of the Service using that username and password is you, and you will be responsible for any such use, except where you have notified us in the paragraph below.

You must notify us if you become aware of any improper use or disclosure of your username and password, in which case we will allocate a new username and password to you. 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we take every effort to ensure the accuracy and completeness of information on the website, the material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and features through the website (including, the release of new tools and resources). Such new features and services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions or feedback, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our reasonable discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or otherwise breach these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time by notifying you accordingly (including, where we are permitted to do so under law, after you have submitted your order).

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

INTELLECTUAL PROPERTY RIGHTS RELATING TO THE WEBSITE

You acknowledge that the website and all related content is protected by laws relating to copyright, trademarks and possibly other intellectual property rights (“Intellectual Property Rights”).

We grant you a limited, non-transferable licence to access and use the website solely for your personal, non-commercial purposes.

We (or our licensors) retain all right, title, and interest in and to website and all related content, and nothing you do on or in relation to the website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in the paragraph above, licence you to exercise any Intellectual Property Rights unless this is expressly stated.

Except as provided in these Terms, permission to reprint or electronically reproduce the website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.  You may contact us at [info@havven.io] if you wish to obtain such consent.

Subject to applicable law, we may revoke the permission referred to in the above paragraphs at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the website without notice.

 

PART 3 – PRODUCTS

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change. Please refer to the current prices set out on the website before making any purchases.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). Where reasonable to do so, we will notify you of any modifications or discontinuance via the website.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ORDERING

When you place an order to purchase a product via the website, you are making an offer to us. No contract for the purchase of a product will come into existence until we have processed and accepted your order.

Because our online ordering system automatically processes orders received, you cannot modify or cancel your order once it is received in our system.

We may cancel an order that we have already accepted it if we suspect that you are acting fraudulently or in breach of these Terms.

While we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and we may also cancel an order that has been accepted in such circumstances.

Unforeseen supply problems or unexpected demand may occasionally result in a product being unavailable.  If there is a delay in shipping your order we will contact you by email as soon as possible to advise you of the reason for the delay.  If this occurs, you may cancel your order at any time prior to when we ship the product to you.

You may also cancel an order if we are in breach of these Terms.

When you purchase a product you agree to pay the purchase price specified on the website at the time of purchase, and any applicable shipping and insurance charges based on the shipping options selected by you.  All amounts are stated in eUSD.  All purchase prices include Australian GST (where applicable).  Shipping and any insurance charges, if any, will be separately shown.

If the goods are being delivered outside of Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (Other Taxes) imposed by any applicable government agency.  We are unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.

You will be required to pay for the product online by eUSD through one of the payment options provided. We will process the transaction upon receipt of your payment.  The credit cards that are accepted from time to time will be described on the website.

We will normally arrange for shipping of products within two business days of acceptance of your order unless otherwise noted in the product description.  Any delivery times displayed on this website are estimates only.

We will arrange for the delivery of the place of delivery you specify when making your order.  Title to and risk in the product will pass to you upon delivery of the product to this place of delivery.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and, subject to any rights you may have under law, may be subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.

Where reasonable to do so, we may limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer. We may from time to time discontinue products. You should ensure that you check the latest range of products (including prices and descriptions of those products) before making any purchase.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may, acting reasonably, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

PART 4 – GENERAL

PERSONAL INFORMATION

In using the Services, you may give us personal information. Your submission of personal information to us is governed by our Privacy Policy. To view our Privacy Policy, go here.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Nothing in these Terms excludes, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

Subject to the preceding paragraph, all other express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded to the maximum extent permitted by law. In particular, we do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

The website is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms or their subject matter under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit our liability for a breach of the Non-Excludable Provision, we limit our liability for breach of the Non-Excludable Provision to one or more of the following at our option:

  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to our obligations under the Non-Excludable Provisions (including as described above and to the maximum extent permitted by law:

  • our maximum aggregate liability for all claims in connection with:
    1. the website is limited to AUD$100;
    2. any goods or services you acquire through the website is limited to the fees and charges you had paid us in connection with the good or service.

In calculating our aggregate liability under this paragraph (a), the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision; and

  • in no case shall Havven, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service. 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, our liability shall be limited to the maximum extent permitted by law.

 The limitations and exclusions in this section above apply whether the relevant liability arises in contract, tort (including negligence), equity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Havven and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party to the extent such claim or demand arises out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties accrued prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our reasonable judgment you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Service and you fail to remedy such failure within 10 business days after we notify you to do so, we may terminate this agreement by notifying you accordingly. You will remain liable for all amounts due up to and including the date of termination.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales and the parties submit to the non-exclusive jurisdictions of the courts of New South Wales.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our reasonable discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

MISCELLANEOUS

Your use of the website and services is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this website or services, including sending you electronic notices. 

The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.

The term “including” when used in these Terms is not a term of limitation.

Please see our Returns Policy for more information regarding returns process.

Questions about the Terms of Service should be sent to us at info@havven.io.