Terms of Service
Last Updated - 10th August 2023
These legal Terms and Conditions ("Terms", "Terms and Conditions", "Agreement") govern your ("you", "user") relationship with the Heavana website as well as its subdomains (the "Site", the "Service"). Both the main website and its subdomains are operated by Heavana ("us", "we", or "our").
Your access to and use of the Service is conditional on your complete acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
Privacy policy
To view the privacy policy… click here.
Accounts
When you create an account, you must provide information that is accurate, complete, and current at all times.
Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Service, and for any activities or actions under your password, whether your password is with our Service or a third-party.
You agree not to disclose your password to any third-party.
You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle").
Billing cycles are set either on a monthly or annual basis, depending on the type of plan that you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your account management page or by contacting our support team.
A valid payment method is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information when requested. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to your chosen payment method.
Should automatic billing fail to occur for any reason, additional attempts will be made. You will be notified by email so that you can address the cause prior to an additional attempt. If all attempts fail, then your Subscription will be cancelled.
All payments are handled by our chosen payment provider, Stripe.
Fee revisions
We at our sole discretion and at any time, may modify the fees for Subscriptions. Any fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription should you not wish to continue.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for a Subscription may be considered by us on a case-by-case basis and granted at our sole discretion.
Payment services
In addition to utilising Stripe for your Subscription, Heavana also makes use of a separate Stripe product called "Connect", which allows you to support the online payment of invoices that are sent to your customers.
This feature / service is optional. Should you choose to take advantage of it, then it is your responsbility to ensure that it is properly configured and that you are in compliance with any laws and regulations that might apply when using it.
Financial data
Heavana uses Stripe's automated programming mechanisms (known as APIs) for the purpose of managing your Subscription, as well as for generating invoice payment links (if you opt to use Stripe Connect).
These APIs usually trigger a redirect to Stripe's own platform so that it can collect payment method information to facilitate charges.
This approach to collection ensures maximum privacy and security by eliminating the need for Heavana itself to store such information.
Sponsored links, affiliate tracking & commissions
Our website may at times contain adverts, sponsored and affiliate links on some pages. These are typically self-served through our own means. We only use trusted advertising partners that have high standards of user privacy and security.
Clicking on any adverts, sponsored or affiliate links may track your actions by using a Cookie saved to your device. Your actions are usually recorded as a referral from our website by this Cookie.
If you have any concerns about this, then we suggest that you do not click on any adverts, sponsored or affiliate links found on the website.
Third-party links
The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party websites or services.
You further acknowledge, and agree, that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use of or reliance on any such content, goods or services available on or through any such websites.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may use the delete account procedure available on your account management page.
Limitation of liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to, or use of, or inability to access or use the Service.
- Any conduct or content of any third-party on the Service.
- Any content obtained from the Service.
- Unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed.
Force majeure
We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control.
This includes, but is not limited to, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of any suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
Variation
Save as otherwise provided in these terms, no variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Severance
If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Entire agreement
This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
Assignment
You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
No partnership or agency
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for purpose, non-infringement or course of performance.
We, our subsidiaries, affiliates, and its licensors do not warrant that:
- The Service will function uninterrupted, be secure, or be available at any particular time or location.
- The Service is error free, nor that errors or defects will be corrected.
- The Service is free of viruses or other harmful components.
- The results of using the Service will meet your requirements.
Governing law
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Each party irrevocably agrees that the courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is deemed material, we will try, but do not guarantee, to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new Terms, then you should delete your account and discontinue your use of the Service.
Copyright
Our webpages and their contents are subject to United Kingdom copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our webpages requires the prior consent of the respective owner of the rights.
Individual reproductions of a work are allowed only for private use, so must not serve either directly or indirectly for earnings.
Unauthorised use of copyrighted works is punishable and all possible remedies will be sought.