Website Terms & Conditions
This website (havenist.com.au) is owned and operated by JK D’Arcy Pty Ltd (ACN 138 839 522) in its capacity as trustee of the D’Arcy Family Trust (“us”, “we” and “our”). By accessing and/or using this website, you agree to these Terms and Conditions (“Terms”). You should review these Terms carefully and immediately cease using our website if you do not agree to these Terms.
1. Partnering With Us: Contributions, Directory and Advertising
If you have a project, product or service that you would like featured on our website and/or the Havenist magazine, including the Directory, we are happy to hear from you. We welcome contributions and can provide advertising solutions to meet your objectives. If you would like to make a general enquiry about partnering with us, please email us at hello@havenist.com.au.
2. Mailing List Subscriptions and Feedback
You may provide feedback on our website or choose to subscribe to our mailing list when you access our website. When you provide feedback or subscribe, you will need to provide us with personal information such as your name and/or email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with applicable privacy requirements.
To subscribe for our mailing list, you must be: (i) at least 18 years of age; (ii) possess the legal right and ability to enter into a legally binding agreement with us; and (iii) agree and warrant to use the website in accordance with these Terms.
3. Havenist Subscriptions
If you would like to subscribe to either the Havenist VIP Members Area or Online Directory Listing, you can do so on this website. You will be charged the chosen plan price (including GST) for the inclusions stated on these above mentioned web pages via your preferred credit card.
Your credit card will be automatically charged (according to the chosen plan) until you cancel your subscription. You will be sent an order confirmation and receipt for each automatic payment that occurs. All subscription payments are final and will not be refunded once paid. To cancel your subscription at any time, log into your Havenist account and follow the prompts.
You may contact us by email at hello@havenist.com.au if you have any questions about your subscription.
4. Giveaways
For certain campaigns, promotions or contests (“Giveaway(s)”), additional terms and conditions may apply. If you want to participate in our Giveaways, you need to agree to the relevant terms and conditions applicable to that Giveaway. In case of any inconsistency between such terms and conditions and these Terms, the specific terms and conditions of the relevant Giveaway will prevail.
5. Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).
Your use of and access to this website and any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In particular, you must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website.
All other use, copying or reproduction of this website, the Content (or any part of it) is prohibited, except to the extent permitted by law.
6. Unacceptable Activity
You must not do any act that is unlawful or inappropriate, including but not limited to:
a) any act that would constitute a breach of either the privacy or any other of the legal rights of individuals;
b) using this website to defame or libel us, our employees, consultants, or other individuals;
c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
d) posting or transmitting to this website any non-authorised material, including but not limited to material that is in our reasonable opinion likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise, or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
7. Website Analytics
We may also partner with selected third-party vendors, such as Google Analytics and Squarespace Analytics and others, to allow tracking technologies and remarketing activities on our website through the use of cookies to, among other things, analyse and track use of our website, determine the popularity of some content, and better understand online activity of our users.
By accessing our website, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policies, and contact them directly if you have any questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies you can contact the third-party vendor.
8. Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law (“ACL”), we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted, error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice; and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
9. Limited Liability
To the maximum extent permitted by law, including the ACL, in no event shall we be liable for any direct and indirect loss, damage or expense (irrespective of the manner in which it occurs) which may be suffered due to your use of our website and/or the Content (or any part of it), or as a result of the inaccessibility of this website and/or the fact that certain Content is incorrect, incomplete or not up-to-date, even if we are advised beforehand of the possibility of such damage.
10. General
10.1. Entire Agreement
These Terms constitutes the entire agreement between you and us, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the subject matter.
10.2. Severability and Waiver
If any court or relevant authority decides that any provision in these Terms is unlawful, void or unenforceable, it shall be severed to the extent necessary and the remaining clauses will continue in full force and effect. The failure of a party to exercise or enforce any right or provision in these Terms shall not constitute a waiver.
10.3. Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond our control, including without limitation the COVID-19 pandemic, any other pandemics or epidemics, acts of God, work stoppages, natural disasters, terrorism, war, civil unrest, governmental action, utilities or communication failure or disruption, or other like event.
10.4. Linked Sites
Our website contains links to websites operated by third parties. Those links are provided for convenience only, and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
10.5. Accuracy, Completeness and Timeliness of Information
Whilst we use all reasonable attempts to ensure the accuracy, currency and completeness of information on our website we recommend that you exercise your own skill and care and carefully evaluate the accuracy, currency, completeness and relevance of any material on the website for your purposes. The Content is generally a summary only of the subject matter covered, and may include the opinions, views or recommendations of third parties that do not necessarily reflect the views of Jody D’Arcy. The website is not intended to be, nor should it be, relied on as a substitute for architectural, building, interior design or other professional advice. All users should obtain any appropriate professional advice relevant to their particular circumstances.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses, or anything else that may interfere with or damage the operations of your computer systems.
You should monitor any changes to the information contained on this website, including these Terms. We may, from time to time and without notice, change or add to the website (including these Terms) or the information, products or services described in it.
10.6. Disputes
If any dispute arises between us, you must first write to us (using the contact details set out at the end of these Terms) and give us an opportunity to resolve the dispute. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date we are notified of a dispute, then either party may contact the other to request mediation or arbitration of the dispute.
10.7. Jurisdiction and Governing Law
Your use of the website and these Terms are governed by the laws of Western Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.
11. Contact
If you have any questions or comments regarding these Terms, please contact us using the contact form located on our Contact page.
Effective: 13 May 2021