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 Programme, 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 Programme (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 “Programme”, this means our weight loss and habit-change Programme which includes total diet replacement food products, a health tracking and information mobile app, and virtual social networks with others going through the Programme.
1.06. When we refer to our "App", this means the Habitual mobile application.
1.07. If you are purchasing a prescription medication from us, please refer to our Pharmacy Terms. Please note that your use of our Website is governed by the terms in this document, regardless of which Product you purchase from us.
2. Your promise to us (i.e. disclaimers)
Our Programme 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 Programme isn’t suitable for. To make sure the Programme 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 take certain medications you must do this BEFORE starting the Programme, otherwise you must see them as soon as possible (it is still compulsory, but can happen after you start the Programme).
2.01. By choosing to participate in our Programme, you agree that you will see your GP, either in-person or via video/phone call.
2.02. By signing up for the Programme, 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 Programme. By signing up to the Programme, you confirm that you will complete all onboarding forms to the best of your knowledge.
2.04. We generally only accept patients with a Body Mass Index (BMI) of between 24 and 50 onto the Habitual programme (however exceptions to this may be made on a case by case basis and upon discussion with our team). By signing up to the Programme, 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 Programme.
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 use 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 Programme, you must acknowledge and agree that we are not a medical organisation, and that our Programme is not intended to diagnose or treat any medical condition. No material provided in the Programme qualifies as medical advice, and in the instance that Programme advice conflicts with advice given by a healthcare professional, the latter should take precedence. Further, no part of our Programme is classified as a medical device.
3.04. You also acknowledge and agree that the Programme 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 Programme, 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 Programme, so it’s fine if you want to take screenshots 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 Programme, please refer them to us through our referral Programme!
4.01. The layout, design, content, and graphics on our Website and in our App (collectively referred to as “Content” henceforth) 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 Programme you acknowledge and agree that the Programme is only available to those who pay via our Website or App. 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 Programme 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 Programme, as our virtual support groups depend on the participants’ mutual respect for each other.
5.01. You may not use the Website or Programme 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 Programme, 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 Programmes 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 Programme 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 Programme in contravention of the provisions of this Agreement;
5.01.10. Access without authority, interfere with, damage or disrupt any part of the Programme; any equipment or network on which the Programme is stored; any software used in the provision of the Programme; or any equipment or network or software owned or used by any third party.
6. Our plans
Habitual offers three different weight loss plans that vary by the number of meals they include. You may switch between plans or cancel at any time. All plans come with a free taster box of our 10 meals.
6.01. Purchases for Habitual plans can be made from our ecommerce shop.
6.02. You will be required to confirm your eligibility for the Programme before purchasing. By signing up to our trial, you confirm that you will complete all onboarding forms to the best of your knowledge.
6.03. Once you sign up, you will be directed to download our mobile app. You must download the app and complete medical onboarding in the app in order to claim your free taster box.
6.04. If you take certain blood glucose lowering medications, we will require that you see your doctor before starting the programme. By participating in the programme, you confirm that you will complete all GP supervision forms truthfully, and that all medication alterations will be decided by yourself and your doctor ahead of starting on the Programme.
6.05. Once you complete your medical history and GP supervision forms, you will be able to select your start date ("Start Date"). All Start Dates are on a Monday, to allow for cohorts with yourself and other Users to start at the same time.
7. Ordering, payments, and subscription (everything e-commerce)
Access to our programmes is possible by subscribing to one of our programmes, which include a 4-weekly food box, tools and resources such as daily content and tracking through our app, and a curated social support group. You are welcome to change your flavour selection for each meal box, but you must do so within the 1-week order change window ahead of your upcoming payment. You may cancel your subscription at any time (though we hope you won’t!), but access to programme resources will be revoked if you do choose to cancel. We also have an online store where we offer our meals on a pay as you go basis.
7.01. We accept payments by credit/debit card. Goods will not be dispatched until payments made have been cleared in full.
7.02. 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.
7.03. If you decide not to proceed with the Habitual programme after receiving your complimentary Taster Box, we will offer a full refund of the initial subscription payment no questions asked, so long as your first month’s meal box has not been dispatched.
7.04. After subscribing to one of our programmes, if your first month’s meal box has been dispatched, but you later change your mind and no longer wish to proceed with the programme, you may be eligible for a return. To be eligible for a return of your monthly meal box, your goods must be in the same condition that you received them, unused, and in their original packaging. To request a return, please contact email@example.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. Please note that shipping costs for returns will be deducted from the value of your order and returns will need to be sent to the following address: Habitual Health Ltd, 1.09, Brock House, 19 Langham Street, London W1W 6BP, United Kingdom. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return, please contact us at firstname.lastname@example.org. Unfortunately, we cannot accept returns of goods purchased from our online store.
7.05. For all plan types, your second payment will be taken on Day 23 of your programme, taking your Start Date as Day 0. You will receive instructions for selecting your next meal box a week before payment is taken.
7.06. Future payments will be taken in 4 week intervals from your second payment.
7.07. In addition to your food, a Habitual subscription includes access to all programme tools, including but not limited to support from our Patient Care team, access to our mobile app, and inclusion in a WhatsApp group with others in the programmes. The cost of access to these services is £9/month and is billed as part of your monthly subscription.
7.08. If you wish to cancel your monthly subscription at any point, please cancel through the Habitual app (via the ‘Help’ option in the Profile section). Please note that if you do decide to cancel, any outstanding payments for meal boxes already delivered will be taken.
7.09. It is possible to delay your next meal payment, or pause your whole programme (via the ‘Help’ option in the Profile section). Please note that subscriptions cannot be paused for longer than 1 month at a time.
8. 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.
8.01. 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.
8.02. 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.
8.03. 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.
9. No warranty
We do everything we can to ensure the information we provide is accurate, and that our website and programme resources are always available—but we cannot guarantee either.
9.01. Any online facilities, tools, services, or information that we make available through our Website or Programme are provided "as is" and on an "as available" basis. We give no warranty that the Website or Programme 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).
9.02. Whilst we use reasonable endeavours to ensure that the Website and Programme 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.
9.03. Habitual accepts no liability for any disruption or non-availability of the Website or Program.
9.04. Habitual reserves the right to alter, suspend or discontinue any part (or the whole of) the Website or Programme 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.
10. 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.
10.01. 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 Programme, even if you have advised us about the possibility of such loss, and including any damages resulting therefrom.
10.02. 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.
10.03. 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 Programme.
10.04. Any claims arising out of or in connection with your use of the Programme must be brought within one year of the date of the event giving rise to such action occurred.
11. 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 Programme. If you wish to end your subscription, please cancel through the Habitual app (via the ‘Help’ option in the Profile section).
11.01. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
11.02. You may cancel your subscription at any time via the Habitual app. Cancellations via email or chat will not be accepted, and you will be asked to cancel through the app.
11.03. If you do cancel your subscription, we ask that you please remove yourself from the WhatsApp group if you are a participant.
11.04. If you’re a member of our newsletter community and would like to unsubscribe, you may do so by clicking ‘unsubscribe’ at the bottom of any of our marketing emails. You may also request that we delete all of your data by emailing us at email@example.com.
13. How to reach us
Go ahead, slide into our DMs. You’ve made it this far.
13.01. If you have any questions or concerns about these terms and conditions or otherwise, please contact us directly by email at firstname.lastname@example.org.