Terms of Service

Habyts.com – Terms of Use of website

1. About these terms and conditions (“Terms”)

  • 1.1 These Terms explain how you may use this website www.Habyts.com (the Site) which belongs to Habyts Limited, a company with registered number 09304326 and a registered office at Bankside, 300 Peachman Way, Broadland Business Park, Norwich NR7 0LB, England (“Habyts”, “we”, “us”, “our”).
  • 1.2 You should read these Terms carefully before using the Site as by accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
  • 1.3 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
  • 1.4 If you have any questions about the Site, please contact Habyts by:
    • 1.4.1 e-mail (contact@habyts.com), or
    • 1.4.2 telephone (+44 (0)203 865 1884) between the hours of 9am and 5pm, UK time. We may record calls for quality and training purposes.

2. Definitions

  • Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
  • Unwanted Submission has the meaning given to it in clause 6.1;
  • Habyts Privacy Policy means the Habyts privacy policy, which governs how we process any personal data collected from you;
  • Website Contract means the terms and conditions of contract for the provision by Habyts of services, software and/or goods at terms & conditions, which will apply to you ordering goods, services or software using the Site;
  • You or Your means the person accessing or using the Site or its Content.
  • 2.1 Your use of the Site means that you must also comply with our Privacy Policy and our Website Contract, where applicable.

3. Using the Site

  • 3.1 The Site is for your personal and non-commercial use only.
  • 3.2 You agree that any purchases by you or licence to you by Habyts of any services, software or goods shall be subject to the Website Contract terms and Habyts’ Privacy Policy.
  • 3.3 You agree that you are solely responsible for:
    • 3.3.1 all costs and expenses you may incur in relation to your use of the Site; and
    • 3.3.2 keeping your password and other account details confidential.
  • 3.4 The Site is designed and intended for use by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
  • 3.5 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at the contact details given above.
  • 3.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

4. Ownership, use and intellectual property rights

  • 4.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.
  • 4.2 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

5. Software

  • 5.1 Software may be made available for you to purchase, be granted a licence of or download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software or the Website Contract, if you purchase the same. You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software.
  • 5.2 All such software is solely for your personal use in a non-commercial manner.
  • 5.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) or in breach of the terms of the licence in the Website Contract is expressly prohibited and may result in civil and criminal penalties.

6. Submitting information to the Site

  • 6.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”).
  • 6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis as we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters. Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

7. Accuracy of information and availability of the Site

  • 7.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
  • 7.2 We may suspend or terminate operation of the Site or change these terms, the terms of the Habyts’ Privacy Policy or Website Contract at any time as we see fit.
  • 7.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
  • 7.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

8. Hyperlinks and third party sites

  • 8.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

9. Limitation on our liability

  • 9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury arising from our negligence), we are not legally responsible for any:
    • 9.1.1 losses that:
      • (a) were not foreseeable to you and us when this contract was formed;
      • (b) that were not caused by any breach on our part;
    • 9.1.2 business losses; and
    • 9.1.3 losses to non-consumers, arising from your use of the Site.
  • 9.2 Habyts’ liability to you for purchased or licenced services, software or goods shall be subject to the liability limitations set out in the Website Contract.

10. Events Beyond Our Control

  • We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

11. Rights of Third Parties

  • 11.1 No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

Variation

  • 12.1 No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

13. Disputes

  • 13.1 We will try to resolve any disputes with you quickly and efficiently.
  • 13.2 If you are unhappy with us under this contract please contact us as soon as possible.
  • 13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
    • 13.3.1 let you know that we cannot settle the dispute with you, and
    • 13.3.2 give you certain information required by law about alternative dispute resolution providers.
  • 13.4 If you want to take court proceedings, the High Court of England and Wales will have exclusive jurisdiction in relation to this contract
  • 13.5 The laws of England and Wales will apply to these Terms to the exclusion of all other laws.
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