TERMS OF SERVICE

TERMS OF SERVICE

Welcome to Habitualk. By browsing our website or making a purchase, you’re entering into a mutual agreement with us. The sections below lay out what you can expect from us, what we ask of you in return, and how we handle the relationship when things don’t go as planned. If you continue to use the site, you’re confirming that you accept these terms, including any policies we reference here.

Introduction and Acceptance

This site is operated by Habitualk, and when we say “we,” “us,” or “our,” that’s who we mean. The entire collection of information, tools, and services available here is offered to you on the condition that you accept all the terms, conditions, policies, and notices laid out on this page. Accessing any part of the site or buying something from us means you’re engaging with our “Service” and agreeing to be bound by these Terms of Service. This applies to everyone who interacts with the site—whether you’re just browsing, selling, buying, or contributing content. If you don’t agree with everything here, you shouldn’t use the website or any of its services. Any new features or tools we add later will also fall under these same terms.

Your Responsibilities as a User

First, a few ground rules about who can use the site and how you’re expected to behave. You need to be at least the age of majority in your country of residence. If you are, and you have minor dependents, you can give consent for them to use the site under your supervision. Our products and services can’t be used for anything illegal or unauthorized, and you must follow all applicable laws in your jurisdiction—copyright laws included. You’re also prohibited from transmitting anything destructive: no worms, viruses, or any code designed to cause harm.

Beyond that, there’s a longer list of specific activities that are off-limits. You can’t use the site or its content:

  • For any unlawful purpose, or to encourage others to commit unlawful acts.
  • To violate any international, UK regulations, statutes, or local laws.
  • To infringe on our intellectual property rights or anyone else’s.
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • To submit false or misleading information.
  • To upload or transmit viruses or any other malicious code that could affect the functionality of the Service, related websites, or the Internet.
  • To collect or track personal information of others.
  • To spam, phish, pharm, pretext, spider, crawl, or scrape.
  • For any obscene or immoral purpose.
  • To interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.

When it comes to your account and purchases, you’re responsible for keeping your information current, complete, and accurate. That includes your email address, credit card numbers, and expiration dates. Promptly updating these details helps us process your transactions and reach you if needed. If you submit any personal information through the store, how we handle it is governed by our Privacy Policy.

Our Approach to Service and Products

We work hard to present our products accurately, but we can’t guarantee that the colors you see on your monitor will perfectly match the real thing. Information on the site is provided for general purposes, and we’re not responsible if it’s inaccurate, incomplete, or outdated. Relying on it is at your own risk, and we’d always recommend checking primary sources for critical decisions. Historical content is just that—historical—and we have no obligation to update any information on the site, though we may modify content at any time.

Prices can change without notice, and we may modify, suspend, or discontinue the Service (or any part of it) at any time, also without notice. We’re not liable to you or any third party for these kinds of changes. While we do our best, we don’t warrant that the quality of any products, services, information, or materials you obtain will meet your expectations, or that any errors in the Service will be corrected.

We also have the right to refuse service to anyone for any reason at any time. Sales can be limited by person, geographic region, or jurisdiction, and we may apply quantity limits on a case-by-case basis. Any offer made on this site is void where prohibited by law.

Orders, Payments, and Taxes

Placing an order doesn’t guarantee it will be accepted. We may refuse or cancel any order, and we can limit quantities per person, per household, or per order. This includes orders placed under the same customer account, with the same credit card, or sharing a billing or shipping address. If we need to modify or cancel an order, we’ll try to notify you using the email address or billing address/phone number you provided at checkout. We also reserve the right to limit or prohibit orders that appear to be from dealers, resellers, or distributors.

All prices shown are exclusive of applicable taxes. After you submit an order, taxes may be applied at rates ranging from 0% to 30%, depending on the tax laws of your country and region. The tax authority makes the final call on whether tax applies and at what rate, based on your location and transaction details.

Occasionally, the site may contain errors, inaccuracies, or omissions—for example, in product descriptions, pricing, promotions, shipping charges, or availability. We can correct these issues and cancel affected orders at any time without prior notice, even after you’ve submitted your order. We’re not obligated to update or clarify information except as required by law.

Third-Party Services and Links

Sometimes we provide access to tools from third parties. We don’t monitor or control them, and they’re offered “as is” and “as available” without any warranties or endorsement. Using them is entirely at your own risk, and you should make sure you’re comfortable with the third party’s own terms. Any new services or features we add later will also be subject to these Terms of Service.

Our site may also include links to third-party websites or materials. We’re not responsible for examining or evaluating their content, accuracy, or reliability, and we don’t assume any liability for them. Any transactions you enter into with a third party are between you and them—please review their policies carefully before proceeding. If you have complaints or questions about third-party products, direct them to the relevant third party.

Content and Submissions

When you submit comments, ideas, suggestions, or other materials—whether at our request or on your own—you’re giving us permission to use them freely. We can edit, copy, publish, distribute, translate, and otherwise use your comments in any medium, without any obligation to keep them confidential, compensate you, or respond. You’re solely responsible for your comments, and they must not violate any third-party rights, contain libelous or obscene material, or introduce viruses or malware. You also can’t use a false email address or impersonate someone else. We may, but aren’t obligated to, monitor or remove content that we find objectionable or that violates these terms.

As for the Service itself, you can’t reproduce, duplicate, copy, sell, resell, or exploit any part of it—or any contact on the website—without our express written permission. Your content (excluding credit card information) may be transferred unencrypted across various networks and adapted to technical requirements. Credit card information, however, is always encrypted during transmission over networks.

Legal Boundaries and Liability

The Service is provided “as is” and “as available,” without any guarantees. We don’t warrant that it will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. You use the Service at your sole risk, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by law, we won’t be liable for any indirect, incidental, punitive, special, or consequential damages. This includes, but isn’t limited to:

  • Lost profits
  • Lost revenue
  • Lost savings
  • Loss of data
  • Replacement costs

These limitations apply to any claim related to your use of the Service or any product, even if we were advised of the possibility. Because some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, in those places our liability is limited to the maximum extent permitted by law.

If a third party makes a claim against us because of something you did—like breaching these terms, violating a law, or infringing someone’s rights—you agree to indemnify and hold us harmless. That includes covering reasonable attorneys’ fees for Habitualk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees.

If any part of these terms is found to be unlawful or unenforceable, that provision will be severed and the rest will remain in full effect. These terms, along with any policies or operating rules we post, represent the entire agreement between us and supersede any prior agreements. Our failure to enforce a right doesn’t mean we’re waiving it, and any ambiguities won’t be interpreted against the drafting party. The terms are governed by the laws of the United Kingdom, without regard to conflict of law principles.

Ending the Relationship

Any breach of these terms can lead to an immediate termination of your access to the Service. Either of us can end the agreement: you can do so by notifying us or simply stopping use of the site, and we can terminate it at any time without notice if, in our sole judgment, you fail—or we suspect you’ve failed—to comply with any provision. Obligations and liabilities that arose before termination will survive, and you’ll remain responsible for any amounts due up to the termination date.

Updates and Contact

We may update these terms from time to time by posting changes on this page. It’s your responsibility to check back periodically, and continuing to use the site after changes are posted means you accept them. If you have questions about these Terms of Service, please reach out to us at support@zisskiss.com.