Terms & Conditions

Last updated: 12th June 2019, 10:34pm

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Facilitators Heaven – the basics
1. “Facilitators Heaven™” means Facilitators Heaven Pty Limited ACN 633 726 860 (“Facilitators Heaven”), whose principal place of business is at 54 Flinders Street, Darlinghurst NSW 2010. This document explains how the agreement is made up, and sets out the terms of our agreement with you.
2. Facilitators Heaven operates a marketplace for users to access high quality training content. The system makes it easy to find, organise and order workshop materials contributed by owners (or permitted operators) of that material, and collate that material using a drag and drop Workshop function.
3. Your use and/or purchase of Facilitators Heaven’s products, services and websites (including affiliated websites and pages, and including but not limited to the website at https://app.trainingworkbooks.com (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Facilitators Heaven.
4. The Service may be accessed by:
  1. Users - Individual or organisations who sign up for, and use the Services to build, manage and buy groups of activities arranged into workbooks (“Users”);
  2. Organisations - A group of Users from the one organisation that want to share content between their accounts, managed by a User role in the system called a Manager (“Organisations”);
  3. Contributors - Individual or organisations who have provided content into the marketplace for sale (“Contributors”). Contributors control their own content;
  4. Printer - A printing company who has an agreement with Facilitators Heaven to print and send User orders (“Printer”);
  5. Regional Representative/Master Distributor - An individual or company assigned to be a local representative for Facilitators Heaven. This will usually be someone in specific country or region and will have the responsibility to translate, market and manage Facilitators Heaven locally in their region (“Master Distributor”);
  6. System Administrator/Super Admin – that is us, Facilitators Heaven, who manage the platform for the Services.
5. Unless otherwise agreed in writing with Facilitators Heaven, your agreement with Facilitators Heaven will always include the terms and conditions set out in this document (“Main Terms”).
6. Your agreement with Facilitators Heaven will also include the terms of any additional notices we send you or post on any website owned or operated by Facilitators Heaven applicable to the Services, in addition to the Main Terms (“Additional Terms”). Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
7. The Main Terms, together with the Additional Terms and the Facilitators Heaven Privacy Policy, form a legally binding agreement between you and Facilitators Heaven in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this agreement (embodying all of these terms) is referred to below as the “Terms”.
8. If there is any contradiction between what the Additional Terms say and what the Main Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2. You can accept the Terms by:
  1. clicking to accept or agree to the Terms, where this option is made available to you by Facilitators Heaven in the user interface for any Service; or
  2. by actually using the Services. In this case, you understand and agree that Facilitators Heaven will treat your use of the Services as acceptance of the Terms from that point onwards.
3. You may not use the Services and may not accept the Terms if you are not of legal age or capacity to form a binding contract with Facilitators Heaven, or 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.
Provision of the Services by Facilitators Heaven
1. Facilitators Heaven will use all reasonable endeavours to provide the Services to you as represented on the Facilitators Heaven website, or any instructional or promotional material provided by or on behalf of Facilitators Heaven.
2. You acknowledge and agree that the form and nature of the Services which Facilitators Heaven provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.
3. You acknowledge and agree that Facilitators Heaven may refuse to allow you to access the Services at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Facilitators Heaven’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Facilitators Heaven when you stop using the Services. Facilitators Heaven is not required to act in good faith or reasonably.
4. You acknowledge and agree that if Facilitators Heaven disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. You acknowledge and agree that while Facilitators Heaven may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Facilitators Heaven at any time, at Facilitators Heaven’s discretion.
Supply of Facilitators Heaven Services - What is it / Payment of fees / General
1. Facilitators Heaven is a platform which provides access to content uploaded by Contributors. It is made available to Users and Organisations in accordance with these Terms.
2. Facilitators Heaven does not itself author any content. We are simply an intermediary which connects Users and Contributors, and allows material to be collated using the Services. We cannot be held responsible for any content that is uploaded to or downloaded using the Services.
3. Facilitators Heaven relies on representations made by our Contributors and other suppliers, and will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing any supplying the Services, to the extent allowed by law.
4. Some of the key attributes of the Services of Facilitators Heaven include (although are subject at change at our discretion) the following:
  1. Activity - An activity is a training activity and the building blocks of a Workbook. Activities will consist of Participant Page(s), Facilitators Guide Page(s) and/or PowerPoint slide(s). Each activity is found within the system and access to each is available based on the "Folders" a User has been granted access to.
  2. Folder - A "Folder" is a collection of Activities controlled by a Contributor. There are several types of "Folders".
    1. My Folder - Every User is provided a "My Folder" which is a place for them to upload, store and manage their own activities. None other than that user is able to see or use activities from their "My Folder";
    2. Public Folder - When a contributor sets a Folder to "Public" The activities in the folder are visible to all Users that have access to the system, however, they cannot add the Activities to a workbook unless they have been granted access to that "Folder";
    3. Private Folder - When a contributor sets a Folder to "Private" the activities in the folder are hidden from all Users except those who have been granted access to that "Folder".
  3. Folder attributes, including
    1. Folder Price - Some contributors may want to charge some form of access fee for a folder. This fee may take the form of a:
      (I) One Time Fee
      (II) Yearly/Monthly Subscription
      (III) No Fee
    2. Digital Download - Digital Download is an attribute a Contributor can set on a Folder that allows Users to order pages from their folders as Digital Downloads – so a User can download and print the Order themselves. Note - For a User to be able to make a Digital Download Order they must meet two conditions:
      1. The User must have the Digital Download permission set in their User profile, AND,
      2. The User must only be using Activities from a Folder where the Contributor has allowed Digital Download; but for the avoidance of doubt, the Digital Download feature will always be at the discretion of Facilitators Heaven, or where we allow, a Master Distributor or Contributor. If we revoke this service, any Orders placed will become Printed Orders only.
    3. Workbook - A Workbook is a collection of "Activities" a User has compiled into a specific order for them to use in some form of training initiative.
    4. Participant Workbook Page - A participant workbook page(s) is what is included in a Workbook that may be able to be printed for the User to distribute in a training initiative.
    5. Facilitators Guide Page - A Facilitators Guide Page(s) provide the instructions for how to facilitate an activity. These are created by the system and provided to the User and match the activities in a Participant Workbook.
    6. PowerPoint Slide - A PowerPoint Deck is also created but the system to match a participant workbook and facilitators guide. This is provided as a digital download to the User when they make a successful order (but not in relation to all Content or Services).
  4. Order - Orders are when a User requests and Workbook to be produced. Depending the Users settings, and a Contributor’s settings on their Activities, and the fees will vary. There are several potential things a User will pay for depending on the Activities contained in a Workbook being ordered:
    1. IP Price - Similar to the Apple App Store a Contributor can set a per use fee that a User will pay to use their IP. This price can be discounted based on a Users settings. For example, one of the pricing models is to pay a one-time only fee for folder access which means they may not pay for ongoing IP usage rights;
    2. Print Price - The Print price is calculated by the page and Binding type. To help explain this the formula for print pricing is "(Base Binding Price x Number Ordered) + (Page Print Price x Total Number of Pages)". Where Base Binding Price = the fee for the cover, binding and back cover.
  5. Order Type/Binding Type
    1. “Printed Orders” - Are Orders a User has requested to be printed and delivered to them as a finished product. The Total Printed Order Fee is calculated by adding the Total Print Price and the Total IP Price plus a Shipping and Handling Fee. A User agrees to this price before the Order is sent for Printing.
      
      We do not and cannot warrant that a Printed Order will be delivered by a certain time, and we cannot be held liable (and you hereby release us) for any claim for damage or loss if a Printed Order is not fulfilled in the manner or time that is represented at the time of Order.
    2. Digital Download – As above. The Total Digital Download Order Fee is calculated by adding the Total IP Price plus a Digital Download Fee (where applicable). A User must agree to this price before the Order is created and made available to them via download from the platform.
5. You agree to pay all fees charged based on Facilitators Heaven’s pricing, charges, and billing terms notified to you. For the avoidance of doubt, this may include (although subject to change at our discretion from time to time in character and amounts):
  1. Fee per use: charged at the discretion of Facilitators Heaven, or the Contributor, where applicable;
  2. Access fees for Folders which may be charged at a subscription rate or one-off; and/or
  3. Printing fees.
6. Information provided by you will be relied upon for the purposes of delivery of the Services. We will not be liable to you for incorrect information provided by you.
7. Facilitators Heaven attempts to be as accurate as possible. However, Facilitators Heaven does not warrant that the Services supplied by Facilitators Heaven are accurate, complete, reliable, current or error-free. If a Service offered by Facilitators Heaven is not as described, our liability to you shall be limited a refund for that Service or provision of the Service again, alone.
8. You expressly acknowledge that all Services supplied to you from Facilitators Heaven:
  1. will involve direct contribution from third parties which cannot be warranted by Facilitators Heaven;
  2. may involve outsourcing, and the provision of your data to any company to which we outsource;
  3. are priced in Australian Dollars; and
  4. will be charged, unless expressly stated otherwise, as exclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account and that you will make no objection or claim in relation to any of these matters unless such restriction is prohibited by law.
Content in the Services
1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to throughout this agreement as the “Content”.
2. You should be aware that Content presented to you as part of the Services, including but not limited to material contributed by Contributors and advertising in the Services may be protected by intellectual property rights which are owned by the Contributors or other parties who provide that Content to Facilitators Heaven (or by other persons or companies on their behalf). You may not modify, alter, obscure, interfere with, rent, lease, loan, sell, distribute or create derivative works based on this Content or the Content itself (either in whole or in part) unless you have been specifically told that you may do so by Facilitators Heaven or by the owners of that Content where applicable, in a separate written agreement.
3. Facilitators Heaven reserves the right (but shall have no obligation) to review, flag, filter, modify, refuse or remove any or all Content from any Service.
4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Facilitators Heaven accepts no responsibility for any exposure you have to such content by using the Services.
5. You agree that you are solely responsible for (and that Facilitators Heaven has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Facilitators Heaven may suffer) by doing so. You will indemnify Facilitators Heaven for any loss or damage suffered by Facilitators Heaven as a result of Content published by you.
Your Use of the Services
1. In order to access certain Services, you will be required to provide information about yourself (identification, payment and contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Facilitators Heaven will always be accurate, correct and up to date, and will be provided in accordance with the Facilitators Heaven Privacy Policy and other applicable privacy policies.
2. Facilitators Heaven will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. Facilitators Heaven will not be liable to you in any respect or for any amount for any loss suffered by you) if you have not provided accurate information.
3. Any data you provide to Facilitators Heaven will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.
4. You will be required to supply your own equipment (including any voice recording device), internet/data connection and power supply (Equipment) to use the Services, and ensure that the Equipment meets the minimum specifications in order for the Services to function. We are not liable to you for any failure or inadequacy of the equipment.
5. You agree to use the Services only for purposes that are agreed at the time of using the Services (including in relation to any Content), and that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Facilitators Heaven, unless you have been specifically allowed to do so in a separate agreement with Facilitators Heaven. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services, and you agree not to access the content directly from Contributors without the direct written agreement of Facilitators Heaven.
7. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
8. Unless you have been specifically permitted to do so in a separate agreement with Facilitators Heaven, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any Content for any purpose.
9. Unless you have been specifically permitted to do so in a separate agreement with Facilitators Heaven, you agree that you will not alter, modify, remove or otherwise obscure any content that you access by using the Services.
10. You agree that you are solely responsible for (and that Facilitators Heaven has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Facilitators Heaven may suffer) of any such breach. You agree to indemnify Facilitators Heaven for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damages).
Your account security and data security
1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
2. Accordingly, you agree that you will be solely responsible to Facilitators Heaven for all activities that occur under your account, and Facilitators Heaven will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.
3. You may not transfer your account to any other person, unless specifically agreed in writing by Facilitators Heaven.
4. We will supply you with a generic password upon registration, however you must change your password prior to your first use of the Services.
5. If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify Facilitators Heaven immediately using the contact details at https://app.trainingworkbooks.com/contact.
6. We will take all reasonable steps to ensure the security of any data you provide to us. We will also use reasonable endeavours to ensure that any company to which we outsource or allocate the provision of Services will comply with our Privacy Policy and Australian law. So long as we take reasonable steps to do so, we shall not be liable to you for any unauthorised disclosure of any information unless we have not notified you as required by our Privacy Policy or by law.
Privacy and personal information
1. For information about Facilitators Heaven’s data protection practices, please read Facilitators Heaven’s Privacy Policy. This policy explains how Facilitators Heaven treats your personal information, and protects your privacy, when you use the Services.
2. You agree to the use of your data in accordance with Facilitators Heaven’s Privacy Policy.
Proprietary rights
1. Facilitators Heaven is a trademark owned by companies associated with Facilitators Heaven.
2. You acknowledge and agree that Facilitators Heaven (or Facilitators Heaven’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Facilitators Heaven and that you shall not disclose such information without Facilitators Heaven’s prior written consent.
3. You acknowledge that you have no ownership in the Services or the Content.
4. Unless you have agreed otherwise in writing with Facilitators Heaven, nothing in the Terms gives you a right to use any of Facilitators Heaven’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
5. Other than the limited license set out below, Facilitators Heaven acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Facilitators Heaven, you agree that you are responsible for protecting and enforcing those rights and that Facilitators Heaven has no obligation to do so on your behalf. Facilitators Heaven shall not be responsible for any infringement of those rights by any person or entity.
6. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7. Unless you have been expressly authorised to do so in writing by Facilitators Heaven, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. You agree to wholly indemnify Facilitators Heaven for any loss or damage suffered by Facilitators Heaven by reason of any breach by you of this Clause.
License from Facilitators Heaven
1. Facilitators Heaven gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Content provided to you by Facilitators Heaven as part of the Services as provided to you by Facilitators Heaven (referred to as the “Software” below) but only where that is in accordance with the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Facilitators Heaven, in the manner permitted by the Terms.
2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software (including our website) or any part thereof, unless this is expressly permitted or required by law, or unless you have been expressly told that you may do so by Facilitators Heaven, in writing.
3. Unless Facilitators Heaven has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Software updates
1. The Software which you use may automatically download and install updates from time to time from Facilitators Heaven. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Facilitators Heaven to deliver these to you) as part of your use of the Services.
Indemnity
1. You agree to fully and promptly indemnify Facilitators Heaven against any loss (either direct or indirect) damage or expense whatsoever which Facilitators Heaven may suffer or incur in respect of:
  (1) Any breach by you of the provisions of the Terms;
  (2) Any claim in connection with your use of the Content or the Services by any person;
  (3) Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Services or the Content; and/or
  (4) Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Services by Facilitators Heaven.
2. You irrevocably release Facilitators Heaven and waive all claims which you may have in the future against Facilitators Heaven, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by Facilitators Heaven.
Terminating the agreement
1. The Terms will continue to apply until terminated by either you or Facilitators Heaven as set out below.
2. Subject to the balance of this clause, if you want to terminate your legal agreement with Facilitators Heaven, you may do so by:
  1. (i) notifying Facilitators Heaven at any time using the contact page on our website; and
  2. (ii) closing your accounts for all of the Services which you use, where Facilitators Heaven has made this option available to you.
3. All Services are non-refundable unless in accordance with these terms or where required by law.
4. Facilitators Heaven may at any time, terminate its legal agreement with you if:
  1. you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
  2. Facilitators Heaven is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  3. any partner or Contributor with whom Facilitators Heaven offered the Services to you has terminated its relationship with Facilitators Heaven or ceased to offer the Services to you; or
  4. Facilitators Heaven is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
  5. the provision of the Services to you by Facilitators Heaven is, in Facilitators Heaven’s opinion, no longer commercially viable; or
  6. for any other reason Facilitators Heaven in its reasonable discretion thinks fit.
5. Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Content or the Services, unless otherwise agreed in writing with Facilitators Heaven and the Contributor.
6. In the event that the agreement for any reason outlined in this Clause, Facilitators Heaven may (but is not obliged to) refund you for Services not used at the time of termination.
7. Nothing in this Section shall affect Facilitators Heaven’s rights regarding provision of Services under the Terms.
8. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Facilitators Heaven have benefited from (including any moneys owed for Services provided to you), been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF LIABILITY
1. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT FACILITATORS HEAVEN’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
3. IN PARTICULAR, FACILITATORS HEAVEN DO NOT REPRESENT OR WARRANT TO YOU THAT:
  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  2. ANY OF THE INFORMATION OR CONTENT YOU ACCESS USING THE SERVICES IS ACCURATE, RELIABLE, OR THAT ANY PARTICULAR RESULT OR EFFECT WILL BE ACHIEVED BY USING THE SERVICES OR ANY OF THE CONTENT ACCESSED OR DOWNLOADED USING THE SERVICES,
  3. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR VIRUSES,
  4. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  5. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FACILITATORS HEAVEN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6. FACILITATORS HEAVEN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FACILITATORS HEAVEN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
  1. 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 NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU., INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
  3. ANY CHANGES WHICH FACILITATORS HEAVEN MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  4. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
  5. YOUR FAILURE TO PROVIDE FACILITATORS HEAVEN WITH ACCURATE ACCOUNT INFORMATION;
  6. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
2. THE LIMITATIONS ON FACILITATORS HEAVEN’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT FACILITATORS HEAVEN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
3. WE SHALL NOT BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM OR PROVIDE THE SERVICES BY REASON OF ANY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
4. IN THE EVENT THAT FACILITATORS HEAVEN IS FOUND TO BE LIABLE TO YOU, OUR LIABILITY SHALL BE LIMITED TO A REFUND OF AMOUNTS PAID BY YOU TO FACILITATORS HEAVEN.
Advertisements
1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
2. The manner, mode and extent of advertising by Facilitators Heaven on the Services are subject to change without specific notice to you.
3. In consideration for Facilitators Heaven granting you access to and use of the Services, you agree that Facilitators Heaven may place such advertising on the Services.
4. Without limiting the effect of the above, Facilitators Heaven accepts no responsibility and will not be liable to you for any loss suffered by reason of the existence any advertising on the Services.
Other content
1. The Services may include hyperlinks to other web sites or content or resources. Facilitators Heaven may have no control over any web sites or resources which are provided by companies or persons other than Facilitators Heaven.
2. You acknowledge and agree that Facilitators Heaven is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
3. You acknowledge and agree that Facilitators Heaven is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
1. Facilitators Heaven may make changes to the Terms from time to time. When these changes are made, Facilitators Heaven will make a new copy of the Terms available on any platform through which the Services are accessed. Facilitators Heaven shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time.
2. You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, Facilitators Heaven will treat your use as acceptance of the updated Terms.
General
1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
2. The Terms constitute the whole legal agreement between you and Facilitators Heaven and govern your use of the Services (but excluding any services which Facilitators Heaven may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and Facilitators Heaven in relation to the Services.
3. You agree that Facilitators Heaven may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
4. You agree that if Facilitators Heaven does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Facilitators Heaven has the benefit of under any applicable law), this will not be taken to be a waiver of Facilitators Heaven’s rights and that those rights or remedies will still be available to Facilitators Heaven.
5. If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
6. No agency or partnership shall be construed to have been created by virtue of this agreement.
7. You acknowledge and agree that each member of any company or entity to which Facilitators Heaven is directly affiliated (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
8. The Terms, and your relationship with Facilitators Heaven under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable). You and Facilitators Heaven agree to submit to the non-exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Facilitators Heaven shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief, interlocutory or final) in any jurisdiction.
9. You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. Facilitators Heaven shall not be liable for any breach of this warranty.