Terms of Use – mylifemyjourney.org

Date of Last Revision: 1 March 2018

mylifemyjourney.org is an online service provided by HeavenAddress Holdings Pty Ltd.

The HeavenAddress network of websites, including mylifemyjourney.org (the 'Websites') are owned and operated by HeavenAddress Holdings Pty Ltd (ACN 144 648 215) and its affiliates and related corporations ('us', 'we', 'HeavenAddress'). Your access to and use of the Websites, and all services and any other functionalities, features or content offered from time to time by HeavenAddress through or in connection with the Websites including any access or use via a HeavenAddress mobile app (together, the 'Services') is conditional on your compliance with the terms, notices and disclaimers, as they may be modified or given by HeavenAddress from time to time, contained in this document and elsewhere on the Websites (together, the 'Terms of Use'). By using and/or accessing the Websites, you agree to be bound by the Terms of Use and any modifications of them, whether or not you have registered as a user on HeavenAddress ('Registered User').

We may, at our sole discretion, modify, add, or delete portions of the Terms of Use at any time without prior notice. All such modifications will be effective upon posting on the Websites and any continued access or use by you of the Services or the Websites (whether or not you are a Registered User) after the posting of any such modifications will constitute your agreement to the new Terms of Use. It is your responsibility to regularly check the Websites to determine if there have been changes to the Terms of Use and to review such changes.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Services or the Websites.

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY.
1. Eligibility

The Services are intended solely for persons who are 12 years of age or older. Any Joining by, use of or access to the Websites by anyone under 12 is unauthorised, unlicensed and in violation of the Terms of Use. By using the Services or the Websites, you represent and warrant that you are 12 or older, your use of the Services does not violate any applicable law or regulation, and that you agree to and to abide by all of the terms and conditions of the Terms of Use.

2. Joining

In consideration of your access and use of the Websites, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any Joining forms on the Websites ("Joining Information"); (b) maintain the security of your password and identification; (c) notify us immediately if you suspect unauthorised use of your account or access to your password; (d) maintain and promptly update the Joining Information, and any other information you provide to HeavenAddress, to ensure that it is accurate, current and complete; and (e) be fully responsible for all use of your account and for any actions that take place using your account.

3. Your conduct

You warrant that when accessing and/or using the Websites you will not use, or permit any other person to use, any Services or Websites for any purpose that is unlawful or prohibited by the Terms of Use.

Prohibited activity includes, but is not limited to:

  • restricting or interfering with any other users (including Registered Users) from using or enjoying the Services or Websites;
  • breaching or circumventing, or attempting to breach or circumvent, any security measures on the Websites (including 'hacking' those Websites) or attempting to obtain access to unauthorised parts of the Websites without prior written authorisation from HeavenAddress;
  • using the Services or Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites;
  • using automated scripts to collect information from or otherwise interact with the Services or the Websites;
  • registering for more than one Registered User account, or registering for an account on behalf of an individual other than yourself without authorisation from that individual;
  • impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
  • soliciting personal information from anyone under 18 or soliciting passwords or soliciting personal information for commercial or unlawful purposes;
  • intimidating or harassing any other person;
  • using or attempting to use another Registered User account, service or system without prior written authorisation from HeavenAddress, or creating a false identity on the Services or the Websites;
  • providing links to inappropriate websites;
  • using the Services or the Websites for the purposes of conducting business or commercial activities;
  • framing or linking to the Websites, without the prior written authorisation of HeavenAddress; and
  • collecting email addresses or other contact information of other Registered Users from the Services or the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

You agree that HeavenAddress prohibits and you agree not to access or use the Websites or Services to:

  • provide any false, misleading or deceptive information;
  • violate any law or regulation, or cause HeavenAddress to violate any law or regulation;
  • be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable in the opinion of HeavenAddress;
  • harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
  • send unsolicited mail or email, make unsolicited phone calls, send unsolicited faxes, or advertise any products or services by making any unsolicited contact with users whose email, telephone, postal or other contact details you have obtained via the Websites;
  • harvest or otherwise collect information about other users of the Websites for any purpose other than expressly authorised by HeavenAddress;
  • take any action that imposes an unreasonable or disproportionately large burden on the Websites' infrastructure; or
  • deliberately distribute or execute any computer virus or any other program or code that disrupts or disables operations of the Websites.

Without limiting any of the foregoing, you agree and acknowledge that, except for advertising programs offered by us on the Websites, the Services and the Websites are available for your personal, non-commercial use only.

HeavenAddress reserves the right to investigate and take appropriate action against any person who, in HeavenAddress's sole discretion, violates the Terms of Use, including, without limitation preventing further access to the Services or Websites and/or reporting you to the appropriate law enforcement authorities.

4. Registered User Content Posted on the Websites

You are solely responsible for any material, communication, information (including your profile details), messages, files, notes, text, photos, music, audio, videos, images, advertisements, listings, URLs and other content (together, 'Registered User Content') that you upload, post, transmit, share, store or otherwise make available (hereinafter, 'post') on or through the Services or the Websites.

You represent and warrant that (a) you have all the necessary rights to post the Registered User Content on the Services; (b) you will not post any illegal or prohibited Registered User Content; and (c) the posting of your Registered User Content on or through the Services will not infringe, violate or contravene any third party rights (including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights).

Prohibited Registered User Content includes, but is not limited to, content:

  • which is (or could reasonably be expected to be) offensive, threatening, unlawful, abusive, defamatory, harassing, vulgar, obscene, pornographic, profane, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or promotes conduct that would contravene any applicable law or regulations;
  • of any kind which is not your original work, or which infringes (or could reasonably be expected to infringe) the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights;
  • that involves unsolicited or unauthorised advertising, solicitations, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
  • which you know (or reasonably ought to know) to be false, misleading or deceptive;
  • of any kind which contains viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
  • which, in the sole discretion of HeavenAddress, is objectionable or interferes with any other person from using or enjoying the Websites, or which may expose HeavenAddress or any Registered User to any liability of any type;
  • which you know (or reasonably ought to know) cannot be legally distributed to the public;
  • which is being exploited for commercial purposes or which contains any promotional material or advertising; and
  • of any kind from which any author attributions, legal notices or proprietary designations or labels have been deleted.

You agree and acknowledge that HeavenAddress:

  • may from time to time monitor or review Registered User Content and reserves the right to edit, delete or remove (without any prior notice) any Registered User Content, for any reason or which in its sole discretion is in any way objectionable, offensive, illegal or in violation of the Terms of Use. For the avoidance of doubt, HeavenAddress has no obligation to monitor or review any Registered User Content or to edit, delete or remove such content, nor is HeavenAddress responsible for any inappropriate Registered User Content or Registered User conduct;
  • retains the right and discretion to suspend or terminate your use or access to the Services or the Websites at any time in HeavenAddress's absolute discretion, including without limitation if we believe that you have breached, or threaten to breach, any of the Terms of Use;
  • reserves the right to take appropriate action against any person who, in HeavenAddress's sole discretion, breaches the Terms of Use; and
  • may cooperate fully with any law enforcement authority and any other government authority in any jurisdiction in relation to your access to or use of the Websites or Services, including providing all information in relation to you and your access to or use of the Websites or Services to such law enforcement authorities and other government authorities.

By posting any Registered User Content on the Services or the Websites, you grant to HeavenAddress a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (including the right to sublicense any third party) to use, reproduce, redistribute, adapt, modify, create derivative works from, reformat, translate, transmit, publish and/or broadcast, publicly perform or display, such Registered User Content for any purpose, commercial, or otherwise, on or in connection with the Services or the Websites or the promotion thereof.

The licence granted above includes the right to exploit all proprietary rights in any Registered User Content, including copyright, trademark, privacy, publicity or other intellectual property rights under any jurisdiction worldwide. You consent to HeavenAddress not attributing authorship or making any changes with respect to your Registered User Content and any moral rights in respect of such Registered User Content. At the request of HeavenAddress, you agree to execute and deliver to HeavenAddress such instruments or take such actions as may be required to further assure the licence and consent granted under these Terms of Use.

Nothing in this section transfers any ownership rights in the Registered User Content to HeavenAddress. You will continue to retain all ownership rights and any other proprietary rights associated with your Registered User Content, subject to any rights granted to HeavenAddress under this section.

5. Proprietary Rights in Website Content

All content on the Websites and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, audio and other files, including their selection and arrangement, but excluding any of your Registered User Content ("Website Content"), is the proprietary property of HeavenAddress, its Registered Users or its licensors and is protected by Singapore and international intellectual property law.

You must not modify, copy, distribute, frame, upload to a third party, post, transmit, republish, display, or sell in any form or by any means any Website Content, whether in whole or in part, without HeavenAddress's prior written approval.

You are granted a limited, revocable, non-sublicencable and non-exclusive licence to reproduce and display the Website Content solely for your personal, non-commercial use in connection with viewing and using the Websites and/or Services, provided that you keep all Website Content, copyright or other proprietary notices intact and in the same form as presented on the Websites.

You must not:

  • copy, modify, adapt, resell or distribute any Registered User Content;
  • engage in any commercial use of Registered User Content, unless such use is expressly approved in writing by HeavenAddress;
  • make any form of representation, including through linking or framing, that could mislead or deceive a person that Registered User Content is from a source other than the Websites;
  • make any use of or access to the Websites by any automatic tool, including 'spiders', 'crawlers', 'robots' or offline browsing tools without the prior consent of HeavenAddress; or
  • make any use of or any access to the Websites or the Services by any means contrary to the commercial interests of HeavenAddress (e.g. to facilitate a means of encouraging users of the Website to use another website offering services similar to the Services).

If you believe that any work in which you own intellectual property rights appears on the Websites without your consent, you may notify us by email at ip@heavenaddress.com Such notice must provide details of the work, your intellectual property rights in the work, and where you allege the work appears on the Websites.

6. Trademarks

, , @heaven®, heaven®, Love U®, Miss U® and other HeavenAddress graphics, logos, designs, page headers, button icons, scripts and service names used on the Websites are the trademarks of HeavenAddress or other third parties ('Trademarks'). Subject to the rights granted under this section, the Trademarks must not be used, including as part of a trademark and/or domain name in connection with any product or service in any manner that is likely to cause confusion, and may not be copied or used, in whole or in part, without the prior written consent of HeavenAddress or the consent of the third party owner of the relevant Trademark. You agree and acknowledge that @heaven and any variation of the @heaven trademark remains the sole proprietary property of HeavenAddress and must not be transferred to any third party or used for any commercial gain or purpose without the prior written consent from HeavenAddress.

HeavenAddress may revoke the limited licence granted under this section, at any time in its sole discretion and without any prior notice, if we believe that you are breaching any provision of these Terms of Use. Nothing in this section limits any right of HeavenAddress to suspend or terminate your Registered User account pursuant to clauses 4 and 15.

7. Infringement Policy

HeavenAddress adopts a policy of terminating, in appropriate circumstances and at HeavenAddress's sole discretion, Registered User accounts that are deemed to be repeat copyright infringers. HeavenAddress may also at its sole discretion limit access to the Websites and/or terminate the Registered User accounts that infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Third Party Websites and Content

The Websites may contain (or you may be sent through the Websites or the Services) links to other web sites ("Third Party Websites"). Such Third-Party Websites are not under HeavenAddress's control, and HeavenAddress assumes no responsibility for any Third-Party Website or content accessed through the Services or the Websites nor for investigating, monitoring or checking such websites or their content for accuracy, currency, appropriateness, or completeness.

Inclusion of or linking to any Third-Party Website, or permitting any of the foregoing, does not imply any endorsement or approval of the website or link by HeavenAddress. You agree to access any Third-Party Websites from the Websites entirely at your own risk. You should also ensure that you review the terms and policies that govern your use and access to such Third-Party Websites.

9. Sharing Facility

HeavenAddress provides a facility which allows people to share with their Registered User account profile, activities, articles, photographs, text, graphics, designs, sound, video, information, applications, software and other content belonging to or originating from third parties ("Third Party Content"), and/or links to Third Party Websites through the Services ('Sharing Facility').

You acknowledge and agree that your use of the Sharing Facility and any Registered User Content, Third Party Websites or Content shared through the Sharing Facility is subject to and will fully comply with the terms and conditions set out in the Terms of Use.

10. Use of Sharing Links

Subject to the terms in these Terms of Use, Third Party Websites may place a button and/or text link on their websites that enables Registered Users to facilitate use of the Sharing Facility offered by HeavenAddress ('Sharing Link'). A Third-Party Website that posts a Sharing Link on its website ('Third Party Content Provider') agrees to abide by these Terms of Use.

If the Sharing Link is a button which contains any trademarks, graphics, logos or other proprietary materials of HeavenAddress, the Third-Party Content Provider is granted permission to use such trademarks, images or other materials solely for the purpose of placing a Sharing Link on its website and solely in the form approved and provided by HeavenAddress. If the Sharing Link is a text link, it must include the word 'HeavenAddress' as part of the text in that link. HeavenAddress reserves the right to revoke any rights granted under this section at any time without cause and in its absolute discretion. Upon revocation of such rights, the Third-Party Content Provider agrees to immediately remove all Sharing Links from its websites.

The Third-Party Content Provider must not place a Sharing Link on any website which contains content that if shared or posted by a Registered User would contravene these Terms of Use. Without limiting the foregoing, the Third Party Content Provider agrees and warrants that such websites do not and will not contain any content which is (or could reasonably be expected to be) offensive, threatening, unlawful, abusive, defamatory, harassing, vulgar, obscene, pornographic, profane, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, promotes conduct that would contravene any applicable law or regulations, or that may expose HeavenAddress or its Registered Users to any liability whatsoever.

Upon inclusion of a Sharing Link, the Third Party Content Provider agrees to indemnify and hold HeavenAddress, its affiliates and related bodies corporate, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with such Sharing Links, any links, content or other material which may be shared or posted through such Sharing Links, or any breach of the representations and warranties made under this section.

By placing a Sharing Link on its websites, the Third Party Content Provider automatically grants HeavenAddress a perpetual, royalty-free, transferable, non-exclusive, irrevocable, worldwide licence (including the right to sublicense) to use the Sharing Facility for the purpose of using, copying, publishing, reformatting, publicly performing or displaying, translating, transmitting, excerpting (whether in whole or part), summarising or redistributing the content, links and other material on any websites which the Third Party Content Provider has placed the Sharing Link. The Third Content Provider warrants that it has all the necessary rights to grant the licence in accordance with this section.

11. Registered User Disputes

You are solely responsible for your interactions with other HeavenAddress Registered Users. You agree that HeavenAddress will not be responsible for any loss or damage incurred as a result of any such interactions with respect to other Registered Users' use or disclosure of your personal identifiable information.

If there is a dispute between you and any third party (including any Registered User), HeavenAddress is under no obligation to become involved, however, reserves the right to monitor disputes between you and other Registered Users of the Services.

12. Privacy

Use of the Websites and/or Services is also governed by our Privacy Statement, which is incorporated into these Terms of Use by this reference.

Click here to view HeavenAddress' Privacy Statement.

13. Consent to receive electronic communications

By using the Website and/or Services, you consent to receive certain communications via email, mobile text or electronic messaging. These communications may include notices about your Registered User account (e.g., change in password, confirmation e-mails and other user account settings) and information concerning or related to the Services. We may also send marketing communications to you in accordance with our Privacy Statement. You may opt-out of receiving marketing communications via email by clicking on the unsubscribe link in the bottom of the email. You agree that any notice, agreements, disclosure or other communications relating to your account, the Website or the Services that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. Disclaimers

Subject to any rights conferred by any applicable statute that cannot be excluded, restricted or modified ('Non-excludable Rights'), HeavenAddress excludes all conditions and warranties implied by custom, law or statute.

Except as provided for by any Non-Excludable Rights:

  • the Services, Websites and Website Content is provided 'as is' and without warranties of any kind, either express or implied;
  • HeavenAddress and its affiliates expressly disclaim any and all representations or warranties of any kind, either express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement;
  • HeavenAddress does not warrant that the features contained in any Website, Registered User Content or your access to the Websites will be uninterrupted, timely, reliable, current, secure, or error-free, nor that any defects will be corrected or that the Services or servers which store and transmit content to you are free of viruses or any other harmful components;
  • HeavenAddress does not warrant or guarantee the accuracy, adequacy or completeness of any information or content on the Services or Websites nor any specific results from your access or use of the Services, the Websites or any features of the foregoing;
  • HeavenAddress does not assume any obligation to monitor the activities of Registered Users on the Websites or the Services;
  • reference to any products, services or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation with HeavenAddress;
  • under no circumstances will HeavenAddress be responsible or liable for any loss or damage, including any loss or damage to any Registered User Content or personal injury or death, resulting from any person's use of the Websites or the Services, any Registered User Content or Third Party Content posted on or accessed through the Websites or the Services, or any interactions between Registered Users of the Websites; and you acknowledge and agree that you obtain content, material, information or applications from or through the Services or Websites at your own risk and that you are solely responsible for your use of such items and any damage, loss or other harm of any kind that may result from such use or reliance.

HeavenAddress reserves the right to modify or remove any and all content, material, information or applications and other items used or contained in the Websites and any Services offered through the Websites at any time without prior notice.

15. Limitation of Liability

Except for liability under any Non-excludable Rights, under no circumstances will HeavenAddress or its affiliates be liable (however arising whether in contract, negligence of HeavenAddress, its affiliates, officers, directors, employees or agents, under statute or otherwise) for any losses, damages, costs or expenses whatsoever which result from any use or access of, or any inability to use or access, the Websites or the Services, or any content, material, information or applications on or accessed through the Websites or Services (including Registered User Content and Third Party Content and Websites), even if HeavenAddress has been advised of the possibility of such damages or that such damages were foreseeable.

You acknowledge and agree that HeavenAddress has limited or no control over Registered Users of the Services or the Websites and is neither liable for any Registered User's conduct, whether online or offline, nor for any content, material, information or applications on or accessed through the Websites or Services (including Registered User Content and Third Party Content and Websites), whether posted or caused by Registered Users, HeavenAddress, third parties or any other program associated with the Websites or the Services, including any content which may be offensive, inappropriate, defamatory, obscene, unlawful or otherwise objectionable.

To the fullest extent permitted by law, HeavenAddress's liability for breach of any Non-Excludable Rights is limited at the option of HeavenAddress to one or more of the following:

  • in the case of services, (a) the supply of the services again, or (b) payment of the cost of having the services supplied again; and
  • in the case of goods, (a) the replacement of the goods or supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacement the goods or of acquiring equivalent goods, or (d) payment of having the goods repaired.
16. Termination

You may terminate your Registered User account at any time, for any reason, by giving written or email notice to HeavenAddress.

HeavenAddress may suspend, terminate or prohibit your access to or use of the Services or Websites, or your Registered User account, delete your Registered User profile and any Registered User Content or information that you have posted on the Websites, for any reason or no reason, at any time in its sole discretion, without any prior notice, including if we believe that you have contravened any provision of the Terms of Use. Where we have been notified that a Registered User has died, we may, but are under no obligation to, keep the Registered User's account active under a special status for a period of time as determined in HeavenAddress's absolute discretion, or take such actions as may be necessary to transfer the account to the rightful owner after death.

Even after your Registered User account is terminated, the provisions of the Terms of Use will remain in full force and effect, including sections 3, 4, 5, 6, 7, 8, 9, 11, 13, 14, 15, 16, 18, and 19.

17. Governing Law

By accessing and using the Websites or the Services, you agree that the laws of Singapore, without regard to the principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and HeavenAddress or its affiliates.

You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore.

18. Indemnity

You agree to indemnify and hold harmless HeavenAddress, its affiliates and related corporations, and each of their directors, officers, agents, contractors, partners and employees, from and against all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your access to or use of the Services or Websites, including without limitation any Registered User Content, any Third Party Website or content you post or share on or through the Websites (including through the Sharing Facility), your conduct in connection with the Services or the Websites or with other Registered Users of the Services or the Websites, or any violation of the Terms of Use or of any law or the rights of any third party.

19. Definitions and Interpretation

Unless otherwise specified, the terms "includes", "including", "e.g.", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in the Terms of Use with the initial letter(s) capitalised will have the meaning attributed to them in these Terms of Use.

20. Your Contact Information

Please ensure that you provide a valid phone number and e-mail address when placing your order to allow us to contact you should there be any questions or concerns. Please read our privacy statement if you have any concerns regarding your privacy.

Do not hesitate to contact us should you have any concerns or questions regarding your order or are unsure how to purchase online. Our friendly customer service representatives will be more than happy to assist with your enquiry.

21. Incorrect Delivery Address

HeavenAddress is not responsible if an incorrect address is supplied. Please be sure that you enter all the correct details at time of ordering and please enter as much information as possible. There is space for you to provide any special delivery instructions when you place your order and we encourage you to use it. If we are sent to an incorrect address, an additional delivery charge may apply to redirect the delivery.

22. Miscellaneous

The Terms of Use constitute the entire agreement between you and HeavenAddress regarding the use of the Websites and/or the Services, superseding any prior agreements between you and HeavenAddress relating to your use of the Websites or the Services.

Any failure of HeavenAddress to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of the Terms of Use is held invalid or unenforceable by a court of law, then that provisions will be deemed severable from the Terms of Use and such invalidity or unenforceability will not affect the remainder of the provisions of the Terms of Use which will continue in full force and effect.

A person who is not a party to these Terms of Use shall have no rights Australian Law, or the laws of any other country, to enforce any of its terms, except for HeavenAddress affiliates and related corporations.

To the extent of any conflict or inconsistency between the English version of the Terms of Use and a version of the Terms of Use translated into another language, the English version will prevail.