Terms Of Service

Terms of Services

WEB-HEAVEN TERMS AND CONDITIONS OF USE

Welcome to Webheaven.com.au

The Website is operated by Web-Heaven. Access to and use of the Website, or any of its associated Products or Services, is provided by Web-Heaven. Please read these terms and conditions (the 'Terms of service') carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Web-Heaven reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Web-Heaven updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms of Service

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Web-Heaven in the user interface.

3. Subscription to use the Services

(a) To access the Services, you must first purchase a subscription through the Website and pay the applicable fee for the selected

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services.

(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password

(e) You warrant that any information you give to Web-Heaven in the course ofcompleting the registration process will always be accurate, correct and up to date.

(f) Once you have completed the registration process, you will be a registered member of the Website ('Member, user') and agree to be bound by the Terms. As a Member/user you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').

(g) You may not use the Services and may not accept the Terms if:

 

(i) you are not of legal age to form a binding contract with Web-Heaven; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

(a) As a Member/user, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms of Service and any applicable law, regulation, or generally accepted practices or

guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Web-Heaven of any unauthorized use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for Web-Heaven providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Web-Heaven;

(vi) you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Web-Heaven for any illegal or unauthorized use of the Website; and you acknowledge and agree that any automated use of the Website or its Services are prohibited.

5. Payment

(a) Where the option is given to you, you may make payment of the Subscription Fee by way of:

(i) Electronic funds transfer ('EFT') into our nominated bank account (ii) Credit Card Payment ('Credit Card') (iii) PayPal ('PayPal')

(b) All payments made in the course of your use of the Services are made using Paypal and Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal and Stripe terms and conditions which are available on their website.

(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(d) You agree and acknowledge that Web-Heaven can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6. Extra Fees and charges

(a) We reserve the right to bill your account if exceed your set plan allowances for your assigned monthly / Quarterly / Six Monthly / yearly monthly billing period

(b) We reserve the right to bill for the following but not limited to

  • (1) Disk space
  • (2) Bandwith
  • (3) Emails
  • (4) SQL database

(c) Late Fees will be charged to your account each month if your invoice/invoices are not paid by the due date

7. Refund Policy

Web-Heaven will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services from their side or if the manager of Web-Heaven makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Web-Heaven will not provide a refund if you cancel for service aft 24 hours. Where this occurs, the refund will be in a proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund') in general, there are no refunds on Digital Services/Support Services.

8. Collections

Web-Heaven reserves the right to sent your account to collections after 90 days of Non-Payment, and the Member (Client) will be responsible for all fees and charges that go along with it, including but not limited to legal and recovery fees.

9. Copyright and Intellectual Property

(a) The Website, the Services, and all of the related products of Web-Heaven are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Web-Heaven or its contributors.

(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by Web-Heaven, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: Web-Heaven does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Web-Heaven.

(i) use the Website pursuant to the Terms or copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use.

(c) Web-Heaven retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you.

(i) business name, trading name, domain name, trademark, industrial design, patent registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or a thing, system, or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

(d) You may not, without the prior written permission of Web-Heaven and the permission of any other relevant rights owners: broadcast, republish, up-load to a the third party, transmit, post, distribute, show or play in public, adapt or change in any the way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which is freely available for re-use or are in the public domain.

10. Privacy

(a) Web-Heaven takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Web-Heaven's Privacy Policy, which is available on the Website.

11. General Disclaimer

(a) Nothing in the Terms of Service limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and Web-Heaven will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Web-Heaven make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Web-Heaven) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorized access to records;

(ii) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including the third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services, or any of the products of Web-Heaven; and the Services or operation in respect to links which are provided for your convenience.

12. Limitation of liability

(a) Web-Heaven's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), inequity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Web-Heaven, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13. Termination of contract

(a) The Terms will continue to apply until terminated by either you or by Web-Heaven as set out below.

(b) If you want to terminate the Terms of Service, you may do so by: Your notice should be sent, in writing, to Web-Heaven via the 'Contact Us' link on our homepage or via ticket in your account.

(i) providing Web-Heaven with 30 days' notice of your intention to terminate; and closing your accounts for all of the services which you use, where Web- Heaven has made this option available to you.

(i) providing Web-Heaven with 30 days' notice of your intention to terminate; and closing your accounts for all of the services which you use, where Web- Heaven has made this option available to you.

(i) you have breached any provision of the Terms of service or intend to breach any provision;

(ii) Web-Heaven is required to do so by law;

(iii) the provision of the Services to you by Web-Heaven is, in the opinion of Web-Heaven, no longer commercially viable.

(d) Subject to local applicable laws, Web-Heaven reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms of service or any applicable law or if your conduct impacts Web-Heaven's name or reputation or violates the rights of those of another party.

14. Indemnity

(a) You agree to indemnify Web-Heaven, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content or the content of  Web-Heaven;

(ii) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or

(iii) any breach of the Terms of service.

15. Governing Law

(a) The Terms of Service are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, not with standing mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

(a) If any part of these Terms of Service is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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