TERMS, CONDITIONS, AND DISCLAIMERS
Hi! Thanks for reading our terms and conditions. We know that legal jargon can be incredibly confusing, so we’ve included the legalese in italics as well as a plain English translation in bold.
Do note that the use of our website and services means that you agree that our relationship will be governed by these terms—if you don’t agree to this, no stress, but please don’t use our website or services.
1. Intros & terminology
It’s great to meet you. This document applies to your use of our website as well as your participation in the Habitual program, should you choose to sign up.
1.01. WE are Habitual (the trading name for Habitual Health Ltd), a company registered in England and Wales at The Frames, 1 Phipp St, Unit 411, London EC2A 4PS, company number 12193474. In this document we will be referred to as “Habitual”, “we”, and “us”.
1.02. YOU are the lovely person who’s decided to browse our Website or sign up for our program (we’ll refer to you as “the User” and “you”).
1.03. This document (referred to as “the Agreement”) is legally binding between you and Habitual.
1.04. When we refer to our“Website”, this includes tryhabitual.com and all associated subdomains.
1.05. When we refer to the “Program”, this means our weight loss and habit-change program which includes total diet replacement food products, expert articles, a health tracking web app, and virtual social networks with others going through the Program.
2. Your promise to us (i.e. disclaimers)
Our program is designed for those who could benefit from 15kg+ of weight loss, and our goal is to help you use this weight loss as a tool to reverse or prevent disease. However, there are some people the program isn’t suitable for. To make sure the program is safe for you, please provide accurate information to the best of your knowledge during the signup and onboarding process Also, it’s super important that you see (or video/phone chat with) your GP: If you have existing medical conditions you must do this BEFORE starting the program, otherwise you must see them as soon as possible (it is still compulsory, but can happen after you start the program).
2.01. By choosing to participate in our Program, you agree that you will see your GP before starting on the program, either in-person or via video/phone call.
2.02. By signing up for the Program, you confirm that you are over the age of 18 years, and that you are not currently pregnant or lactating.
2.03. We do not currently take people with a number of exclusion criteria (such as a history of heart attack, stroke, or heart failure, type 1 diabetes or type 2 diabetes managed with insulin, or gallstones) through the Program. By signing up to the Program, you confirm that you will complete all onboarding forms to the best of your knowledge.
2.04. Likewise, we can only accept patients with a Body Mass Index (BMI) of between 28 and 40. By signing up to the Program, you confirm that you have provided your height and weight to the best of your knowledge.
2.05. Habitual will not be held responsible for any health issues arising from or during the use of our Program.
3. Our advice: What it is and isn’t
We provide you with tons of information and recommendations to help you lose weight and build better habits in your life, however none of this qualifies as medical advice—and you are free to make us of the advice we offer as you wish (i.e. we’ll make suggestions, but acting on them is up to you!). We do everything possible to make sure it’s the best and most up-to-date advice out there, but we can’t guarantee 100% accuracy—so please use your best judgement as we are not responsible for the decisions you make.
3.01. Habitual is not a doctor, and any recommendations we make regarding diet supplements (i.e. the food products we sell to you) must be discussed with your GP.
3.02. By participating in our Program, you must acknowledge and agree that we are not a medical organisation, and that our Program is not intended to diagnose or treat any medical condition. No material provided in the Program qualifies as medical advice, and in the instance that Program advice conflicts with advice given by a healthcare professional, the latter should take precedence. Further, no part of our Program is classified as a medical device.
3.04. You also acknowledge and agree that the Program is a user-driven service designed to help you lose weight and adopt healthier habits, and it is entirely up to you as to which of the suggested techniques you decide to employ in your life.
3.05. Our team has taken great care to ensure that our advice is accurate and reflects medical best practice and the latest medical research. In the instance that we find or are altered to a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information offered in the Program, and make no warranty, express or implied, with respect to the contents, completeness, or accuracy of the material published.
4. What’s yours and what’s ours (IP & acceptable use)
We know that there’s a lot of content to digest as you go through our program, so it’s fine if you want to print it out or save it to your personal computer to come back to later—but please don’t share it with friends or use it for commercial purposes. If you know someone who would benefit from our program, please refer them to us through our referral program!
4.01. The layout, design, content, and graphics on our Website (collectively referred to as “Content” henceforth) and included as part of the Program are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing Content, saving Content to personal files, and/or viewing Content on your screen (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
4.02. By signing up to our Program you acknowledge and agree that the Program is only available to those who pay via our Website. Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the Website and Program in respect of which you have paid all applicable rental fees and charges, provided that you comply fully with the provisions of this Agreement.
5. What we ask you not to do (prohibited use)
We’re really relaxed about things over here. But there are a few things we ask you not to do (please see below). This is really important if you sign up to our program, as our virtual support groups depend on the participants’ mutual respect for each other.
5.01.You may not use the Website or Program for any of the following purposes:
5.01.01.Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion;
5.01.02. Impersonate any person or entity, including, but not limited to, any user of this Website or Program, a director, officer, employee, shareholder, agent or representative of Habitual or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Habitual, our affiliates or any other person or entity;
5.01.03. Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
5.01.04. Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;
5.01.05. Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or Programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.01.06. Intentionally or unintentionally violate any applicable laws and/or regulations;
5.01.07. Harass another user of the Program and/or any employee of Habitual;
5.01.08. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party;
5.01.09. Reproduce, duplicate, copy or re-sell any part of the Program in contravention of the provisions of this Agreement;
5.01.10. Access without authority, interfere with, damage or disrupt any part of the Program; any equipment or network on which the Program is stored; any software used in the provision of the Program; or any equipment or network or software owned or used by any third party.
6. Ordering, payments, and subscription (everything e-commerce)
Access to our program is possible by subscribing to a 4-weekly food box, which includes tools and resources such as daily email content, a tracking app, and a curated social support group. You are welcome to change your flavour selection for each box, but you must do so at least 7 days before payment is taken by logging into your account. You may cancel at any time (though we hope you won’t!), but refunds will not be given for any products already delivered, and your access to program resources will be revoked if you do choose to cancel.
6.01. We accept payments by credit/debit card as well as via Shop Pay, Google Pay, and PayPal. Goods will not be dispatched until payments made have been cleared in full.
6.02. We will not be held responsible for pricing, product selection or delivery errors due to software malfunctions, or human error. It is your responsibility to check the accuracy of your order; you are notified in the checkout process and via email, so if anything is incorrect you must notify us immediately as mistakes cannot be rectified after dispatch.
6.03. If there is a problem with the order you received, please notify us at firstname.lastname@example.org upon receipt of the parcel.
6.04. When you first subscribe to the Habitual program, you will make a flavour selection for your first month’s worth of food. You will then be placed onto a monthly subscription, which defaults to your first flavour selection. You will be notified by email to confirm each shipment when it is sent out. If you wish to change your flavour selection, you must do so by logging into your account at shop.tryhabitual.com 7 days before your monthly payment is taken.
6.05. By purchasing your first month of the Habitual program, you will be automatically subscribed to a renewal occuring every four weeks, which will vary according to which stage of the Program you are currently in:
6.05.01. Total Diet Replacement stage (weeks 1-12): One subscription box will be delivered every four weeks, containing 112 sachets (enough for 4 sachets per day).
6.05.02. Food Reintroduction stage month one (weeks 13-16): One subscription box will be delivered containing 84 sachets (enough for 3 sachets per day).
6.05.03. Food Reintroduction stage month two (weeks 17-20): One subscription box will be delivered containing 56 sachets (enough for 2 sachets per day).
6.05.04. Food Reintroduction stage month three (weeks 21-24): One subscription box will be delivered containing 28 sachets (enough for 1 sachet per day).
6.05.05. Maintenance stage (week 25 and beyond): One subscription box will be delivered every four weeks, containing a variable number of sachets depending on your maintenance plan selection.
6.06. In addition to your food, a Habitual subscription includes access to all Program tools, including but not limited to daily email content, a tracking web app, and inclusion in a WhatsApp group with others in the program. This does not cost anything to the User.
6.07. If you wish to cancel your monthly subscription at any point, please email us at email@example.com at least 5 days before your payment is due to be taken. If you do choose to cancel, your access to all Program materials will be revoked as of the last day of your current subscription period (if you are in Total Diet Replacement or Food Reintroduction stages); If you are in the Maintenance, you will retain access to Program materials. No refund will be given for products already delivered, unless it is within your Money Back Guarantee window.
7. Money back guarantee
We really think you’re going to love our program. In fact, we’re so confident about this that we offer a 4-week money back guarantee. This means that you can try out the first month of our program with no strings attached. However, if you do decide to cancel, you must follow the below instructions.
7.01. Our money back guarantee lasts for four weeks from your Program Start Date (which will be confirmed to you via email once you subscribe).
7.02. If you are not satisfied with the Program, you may apply for money back by emailing firstname.lastname@example.org with your request within four weeks of your Start Date.
7.03. Once your request is acknowledged, you must send any unconsumed products at your own expense to Habitual, The Frames, 1 Phipp St, Unit 411, London EC2A 4PS. Please do not send any products to this address unless your request has been received and acknowledged; We will not offer refunds for any returns received which have not previously been acknowledged by a staff member of Habitual.
7.04. Once your parcel has been received, you will be refunded for the number of food sachets which have been returned. Any sachets which you have consumed, or any sachets which are open or damaged, will not be refunded.
7.05. Access to other Program resources will be revoked upon acknowledgement of your refund request.
8. Our Health Promise
Most weight loss companies offer short-term fixes and rely on you regaining weight (and being a repeat customer). We’ve built Habitual to help you maintain weight loss and disease reversal for life, and we’re so confident that it’ll work that we’ll give you your money back if you regain the weight, despite engaging with our behaviour change. Please read the following terms if you believe you’re due a refund.
8.01. Our Health Promise applies for 12 months from your Program Start Date.
8.02. Your eligibility for a refund is predicated on the following:
8.02.01. ‘Weight regain’ is defined as having a weight that is equal to or greater than your Starting Weight.
8.02.02. Starting Weight is defined as your weight before you started on the Habitual program, i.e. the weight you submitted in your medical onboarding.
8.02.03. You must have engaged with our daily behaviour change tracking at least twice per week since your Program Start Date in order to be eligible for a refund.
8.03. In order to apply for a refund, please email the following to email@example.com:
8.03.01. A written request for a refund due to weight regain, stating your Starting and Current weights.
8.03.02. Documentation from your GP or other healthcare provider confirming your current weight, or photo evidence of your current weight on a scale (you must provide a photo of yourself on the scale as well as the reading.)
9. Links to other websites
We may link to other websites (mostly for scientific references), but we do not control over, have responsibility for, or endorse those websites.
9.01. Our Website and Content may contain links to other sites. Unless expressly stated, these sites are not under the control of Habitual or that of our affiliates.
9.02. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
9.03. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
10. No warranty
We do everything we can to ensure the information we provide is accurate, and that our website and program resources are always available—but we cannot guarantee either.
10.01. Any online facilities, tools, services, or information that we make available through our Website or Program are provided "as is" and on an "as available" basis. We give no warranty that the Website or Program will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Habitual is under no obligation to update information on the Website (though we do our best to keep things current and accurate).
10.02. Whilst we use reasonable endeavours to ensure that the Website and Program are secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard, and all Users take responsibility for their own security, that of their personal details, and their computers.
10.03. Habitual accepts no liability for any disruption or non-availability of the Website or Program.
19.04. Habitual reserves the right to alter, suspend or discontinue any part (or the whole of) the Website or Program including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
11. Limitation of liability
We’ll do our best to make sure your experience is amazing. If it’s not, you probably won't sue us—but if you do decide to take legal action, our liability is limited by the below clause.
11.01. To the fullest extent applicable permitted by applicable laws, Habitual, its affiliates, officers, directors, employees, licensors, or any third parties exclude liability for any direct, indirect, incidental, special, or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management, or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use our Website or Program, even if you have advised us about the possibility of such loss, and including any damages resulting therefrom.
11.02. Commentary and other materials posted by other Users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the System, or by anyone who may be informed of any of its contents.
11.03. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then our aggregate liability (including any of our affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Habitual Program.
11.04. Any claims arising out of or in connection with your use of the Program must be brought within one year of the date of the event giving rise to such action occurred.
12. When things go wrong (terminating our relationship)
Nobody likes breakups. But please adhere to these terms, otherwise we reserve the right to suspend you from using our website and/or program. If you wish to end things, please write to us at firstname.lastname@example.org so that we can make sure your account is closed appropriately.
12.01. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
12.02. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
14. How to reach us
Go ahead, slide into our DMs. You’ve made it this far.
14.01. If you have any questions or concerns about these terms and conditions or otherwise, please contact us directly by email at email@example.com.