Terms and Conditions
1. ACCEPTANCE OF TERMS.
Habit reCode owns and operates the website www.habitrecode.com (the “Site”). Habit reCode also operates, owns and distributes software Applications (the “App”), which include hosted Applications and Applications for mobile devices. The App, together with all content, information, sharing functions (including the ability to post User-generated and client generated content, “User Content”), tools, transactions and other services available within the App or by using the App is collectively referred to as the “service”. The term User means you.
By accessing or using any part of the App, site or service, you agree to be bound by the Terms and Conditions of this Agreement whether or not you are a registered member (client) of Habit reCode. If you do not agree to abide by these terms and conditions, then do not use or access (or continue to use or access) the site, App or service.
Habit reCode reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the site and service following the posting of any changes to this Agreement constitutes acceptance of those changes. Habit reCode may also, in the future, offer new services and/or features through the site and service. Such new features and/or services shall be subject to the Terms and Conditions of this Agreement. Habit reCode may modify, suspend or terminate the Site, App or other aspect of the Service, in whole or in part, at any time.
The site and service is available only to individuals who are at least 18 years old who can form legally binding contracts under applicable law. Users hereby represent and warrant to Habit reCode that you meet the foregoing qualifications. If you do not so qualify, you are prohibited from accessing, using or registering for the Service.
Users include all registered and unregistered Users that access or use the Site or other aspect of the Service. Each User that properly completes the registration process shall be considered a Client for the purposes of the Terms of Service. Habit reCode may refuse to offer or continue offering the Service to any person for any reason and may change its eligibility criteria from time to time.
To become a Client, the User must specify a verified PayPal account that will be used to make payments to Habit reCode (the Authorized Payment Method) in the event that the client commits a failure (8f). Habit reCode does not collect Paypal sign in information and the User is bound by the Terms and Conditions of Paypal. In the future, Habit reCode may discontinue supporting any particular payment method or it may support additional payment methods.
Clients must provide access information related to his or her accounts at social networking site, Facebook (5a) or sign in with a valid email account (5b).
Clients are responsible for maintaining the confidentiality and security of their account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. Clients must ensure that their information is current, complete and accurate. At its sole discretion, Habit reCode may refuse to accept any User’s application to register as a Client.
Clients agree to immediately notify Habit reCode of any unauthorized uses of your account or any other breaches of security. Habit reCode will not be liable for any acts or omissions by users and clients, including any damages of any kind incurred as a result of such acts or omissions.
4b) LOCATION SERVICES
The app uses the client’s device location services to ensure daily notifications are sent correctly. The current functionality of the service does not support multi-time zone usage. Users travelling between time zones accept that the check-ins will be set to the time zone upon setup. Time zone does not update according to the location of the device.
NOTE: Users are to ensure that check-ins are submitted in accordance with the initial time zone to be valid.
- SOCIAL MEDIA, NETWORKING SITES AND EMAIL REGISTRATION
5A) SOCIAL MEDIA AND NETWORKING SITES
As part of the functionality of the Service you can link your Facebook account with the service by providing your Facebook Account login information through the Service and allowing Habit reCode to access your Facebook Account, as is permitted under the Applicable Terms and Conditions that govern your use of the Facebook Account. You represent that you are entitled to disclose your Facebook Account login information to Habit reCode and/or grant Habit reCode access to your Facebook Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the Terms and Conditions that govern your use of the Applicable Facebook Account and without obligating Habit reCode to pay any fees or making Habit reCode subject to any usage limitations imposed by such third party service providers. By granting Habit reCode access to any Facebook Account, you understand that (i) Habit reCode may access without limitation any friend lists, and (ii) Habit reCode may submit and receive additional information to and from your Facebook Account (iii) Habit reCode may post on your Facebook Account when Users commit a failure, (iv) Habit reCode may post on your Facebook Account, details and/or information relating to additional or upcoming services and products.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
5B) EMAIL REGISTRATION
User has the option to sign in with a valid email account. By providing your email address and submitting via the ‘Email sign up’ button you consent to receive email communications from Habit reCode, including correspondence regarding forfeitures and/or information relating to additional or upcoming services and products.
By providing your email address and submitting via the ‘Email sign up’ button you confirm you are the authorised owner/user of the email address submitted. Habit reCode collects and holds personal information in accordance with its obligations under the Privacy Act 1993. You can opt into or out of receiving emails by unsubscribing.
Habit reCode will use social networking account information only for the purpose of providing the Service to the Applicable Client, and Habit reCode will not otherwise attempt to obtain information from such accounts without Client’s permission. Habit recode only uses this information for our research.
In the unlikely event that Habit reCode, or substantially all of its assets were acquired, User information would be transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Habit reCode may continue to use your personal information as set forth in this policy.
We will use reasonable endeavors to ensure that User content is not compromised. However, we cannot guarantee that no interception, Harmful Code [any form of harmful surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware] will affect the App, site, service or connecting devices or software.
Some interactions may occur on systems under the control of third parties, such as payment for goods transactions. We are responsible for the security of information while it is collected by, stored on or passing through our systems only. You acknowledge that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of us, and we shall not be responsible for any data lost while transmitting information on the Internet.
Habit reCode has no control over the validity, quality, risk or legality of any indirect product or the Terms and Conditions of any indirect transaction. Therefore, each User and Client agrees, in connection with any use of the Service related to any Indirect Transaction and any Indirect Product: (a) to release Habit reCode (and its licensors and suppliers) from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such use of the Service by such User or Client (including any disputes arising there from); and (b) to attempt to settle any disputes directly with the counter-party in any Indirect Transaction.
8. FEES AND PAYMENTS
Except as expressly provided otherwise in the Terms of Service, Habit reCode and each User and Client is solely responsible for all of its costs and expenses related to the Service (including without limitation, the costs and expenses incurred by User in performing any Habit reCode module). At this time, Users may access the Site and download the App without charge. The Clients may enter into a Habit reCode service and are then obligated by the payment terms specified in the particular module and in relation to the check-in requirements.
a)Modules. The service contains different modules. Each module has unique and specific requirements in relation to check-in’s. The client agrees that he or she will perform his or her check-in’s as specified on the page summarizing the module (also found on the “how to use” page).
b)Check-in. A check-in requires the client to log into the service via the App. The client agrees that a check-in is required at specified times in accordance with the module summary and “how to” page and in accordance with the minimum character requirements per check-in. The client agrees to make the required check-in’s within the agreed timeframes and to adhere to the minimum character requirements per entry as outlined in the module summary and “how to” page in order to submit a check-in.
c)Timeframes. Each module of the service has unique and specific timeframes as described on the module summary and “how to” page. A module may have 1 timeframe or several timeframes. Some modules provide for the client to select a timeframe. Each timeframe has a limited duration that can be selected. The client agrees that it is a basic assumption of the parties in making this contract that the Client will bear the risk of any inability to check-in.
d)Character requirements. Each check-in requires the submission of a text entry by the client. Each entry must contain a minimum number of characters as entered by the client. Client agrees to enter a minimum number of twenty (20) characters per check-in.
e)Valid (check-in). check-in’s require that the client has access to the internet at the time of the check-in submission. A check-in must be submitted via a working internet connection in order to be received by Habit reCode servers and considered “valid”. If a check-in is not submitted via a working internet connection then it is deemed “invalid” Clients are responsible for their own working internet connection and ability to submit a check-in. Habit reCode is not liable for refunds of forfeited fees associated with invalid check-in’s. No refunds of forfeited fees will be issued in the event that you are unable to submit a check-in due to insufficient internet access.
f)Failure. Client shall be deemed to have failed in a check-in (a “failure”) if the Client does not submit a valid check-in during the specified time frame and as per the minimum character requirements for the entry of the selected module.
g)Success. The client shall be deemed to have succeeded in making a check-in if the Client has not recorded a failure.
h)Forfeiture fees. The client understands that if, as described in the module Summary Page, the client commits a failure, the predetermined financial sum will be deducted (forfeiture fee) from their Authorized Payment Method. Forfeited fees are not refundable. The forfeiture fee is in the form of United States dollars(US$) unless otherwise specified.
i)Payment. The client shall be responsible for all charges incurred as a result of the Client’s failure, including any applicable taxes. If payment cannot be charged to Client’s Authorized Payment Method or if a charge is refunded for any reason, including chargeback, habit reCode reserves the right to immediately and without notice, either suspend or terminate Client’s access and account. Unless otherwise specified, all amounts payable hereunder shall be paid when due in the currency stated upon signup in immediately available funds by the Authorized Payment Method (Currently Paypal) in full without set-off, counterclaim or deduction. Any amount not paid when due shall bear a late payment charge until paid at the rate of 5% per month. User agrees to reimburse Habit reCode for all reasonable costs (including legal fees) incurred in collecting outstanding payments. Payments will be charged on a daily post pay basis, following the failure (8f).
In the event of a disputed charge, User agrees to contact Habit reCode in the first instance and attempt to resolve the matter with our Customer Service representatives, who can be reached by using the contact form at habitreCode.com or the email link on the App.
All refund requests must be made by the client to Customer Service within fourteen (14) days after the date of the disputed charge. If any hold or charge-back is made to your Authorized Payment Method without first contacting Customer Services, then Habit reCode has the right to suspend the User’s account indefinitely, until the dispute is resolved.
9. USER RULES AND CONDUCT
The Site, App and all other aspects of the Service are provided to Users only for their personal, non-commercial use. Any unauthorized use of the Service (including without limitation, using any App, engaging in any Transaction or accessing any other aspect of the Service for which the User is not authorized, or any commercial use not related to a Transaction, such as, for example, reselling any content, information, App, code or Product to third parties) is expressly prohibited. Each Client is solely responsible for all acts or omissions that occur under his or her account, Username or password, including Transactions and User Content posted to or transmitted via the Service.
As a condition of use, User hereby promises that he or she will not use the Service for any purpose (including without limitation, raising money or advertising or promoting any product, service or venture) that is unlawful or prohibited by the Terms and conditions, or any other purpose not reasonably intended by Habit recode in connection with the Service, User agrees to abide by all applicable local, state, national and international laws, regulations and rules.
You agree that:
- the Content you submit is not illegal, spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content.
- The content does not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Habit reCode or any Site affiliate or other third party.
User is not permitted to:
- create Client accounts by any automated means or under false or misleading pretences;
- harvest, scrape or collect any information from the Site;
- use any script, bot or other automated means that only simulates compliance with the Terms and Conditions or other requirement Applicable to the Service or any Transaction;
- disguise the source of User Content posted by the User; or
- Impersonate any person or entity, including any employee or representative of Habit reCode or any Site Affiliate.
Habit reCode may, at its sole discretion, immediately suspend or terminate any User’s access to the Service for any reason whatsoever.
Habit reCode has no obligation to monitor the Service or any User’s content or use thereof. However, Habit reCode reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any Applicable law, regulation, legal process or governmental request or investigation (including without limitation, any inquiry from law enforcement). Habit reCode does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. User shall not post any confidential content or other information that he or she desires or is obligated to keep secret.
11. THIRD PARTY SITES
The Service may permit Users to access the Service (including downloading Apps) from, and to link from the Service to, and to cause the Service to inter-operate with, other mobile apps, services and websites (including without limitation, to, from and with the mobile apps, services and websites of Site Affiliates). These other mobile apps, services and websites are not under Habit reCode’s control, and User acknowledges and agrees that Habit reCode is not responsible for the accuracy, effectiveness, timeliness, legality, appropriateness or any other aspect of the content or function of such mobile apps, services and websites. Any such access, link or inter-operation does not imply endorsement of the other mobile app, service or website by Habit reCode or any association with its operators. Different terms and conditions apply when Users are accessing and using such other mobile apps, services and websites.
12. PARTICIPATION IN PROMOTIONS OF AFFILIATES
Any dealings by Users with advertisers and other vendors (collectively, Site Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and the applicable Site Affiliate or other third party. Habit reCode is not responsible or liable for any part of any such dealings or promotions.
13. INTELLECTUAL PROPERTY
Any content, data, graphics, photographs, images, software, trademarks, trade names and other information contained or accessible in or via the service is owned by Habit reCode and is protected by Australian and international intellectual property laws and Habit reCode shall own and retain all rights, title and interests (including without limitation, all intellectual property and proprietary rights) therein and thereto.
Except as expressly authorised within these Terms and Conditions you may not sell, use, modify, adapt, copy, rent, reproduce, publish, disseminate, transmit, distribute, display, perform, download, transfer, licence, create derivative works of the Site, App, Service or such content and other materials. Systematic retrieval of data or other content from the Site by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Habit reCode’s express prior written permission.
User shall not directly or indirectly (a) use any App or any content and other materials from the Site in specifying, designing or implementing any software, platform, website or service that is similar to (or that replicates any functionality of) the Site, any App or other aspect of the Service or (b) disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying organization, structures, ideas or algorithms of any App or Service platform (except and only to the extent these restrictions are expressly prohibited by Applicable statutory law).
Reproducing, copying or distributing any App or content, materials or design elements from the Service for any other purpose is strictly prohibited without Habit reCode’s express prior written permission. Attempting to access or use the Site, App, Service or content and other materials for any purpose not expressly permitted in the Terms and Conditions is prohibited.
If User provides Habit reCode with any description of errors or difficulties encountered in using the Service, or any assessment of the functions and performance of the Service, or suggested modifications, improvements and extensions to the Service (collectively, Feedback), then User agrees to assign and does hereby assign to Habit reCode all rights, title and interests (including patent rights, copyright rights and all other intellectual property and proprietary rights throughout the world) in and to all Feedback.
Habit reCode may, at its sole discretion change or cease, temporarily or permanently, any element or functionality of the service at any time, including but not limited to, introducing new content, or supplementing, changing or discontinuing any part of the current Content including User Content. Habit reCode reserves the right to refuse, terminate or suspend the service to anyone, for any reason, at any time.
While Habit reCode endeavours to take reasonable care in preparing and maintaining the information and the content of the service, it does not warrant the accuracy, reliability, adequacy or completeness of the service. You acknowledge and accept that the service may include inaccuracies and typographical errors. The service is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it
Habit reCode may terminate any User’s access to or use of all or any part of the site, App or Service at any time, with or without cause, with or without notice, effective immediately. If the Client wishes to terminate his or her Service registration and account, use the following instructions:
- Log into the App
- Go to your “My Account” screen
- scroll down past the timeframe selection
- Click on the word “Terminate”
- Read the termination Agreement
- Select “Agree”.
When you do this you are scheduled for immediate account deletion. Deleting the App without completing the process described above does not constitute termination of your Agreement (and payment Agreement). Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that all obligations that accrued prior to the effective date of termination (including without limitation, all obligations to pay forfeiture Fees) and all remedies for breach of the Terms and Conditions shall survive. After termination, Habit reCode has no obligation to maintain any content in Client’s account, to make any payment to Client pursuant to any Habit reCode or to forward any unread or unsent messages to Client or any other User or third party.
Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely.
15. DISCLAIMER OF ALL WARRANTIES
The Site, App and Service and all Habit reCode Modules made available through the Service are provided “as is” and are provided without representation or warranty of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, Non-Infringement, Integration, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Habit reCode does not warrant that the service, content or other information will a)be accurate, reliable or correct, b)be available at any particular time or place c)be free of defects, errors or viruses or harmful components d) guarantee any result or outcome. Use of the App, Site and service by the user is at the users risk.
The content available via the service is provided with the understanding that neither Habit recode nor its affiliates are engaged in rendering medical, counselling, legal, accounting or other professional services or advice. Such content is intended solely as general information. It is not intended as medical, counselling, legal, accounting or other professional advice.
16. LIABILITY AND LIMITATION OF LIABILITY
Habit reCode has no knowledge of Client’s medical conditions or fitness. Accordingly, Client agrees to be responsible for determining (alone or in consultation with a healthcare professional) whether his or her participation in any Habit reCode might pose any adverse health risk.
Habit reCode does not guarantee any results by using the service or implementing and of the modules. Habit reCode and is not responsible for any negative consequences from implementing any part/s of the service.
User agrees that Habit reCode shall not be responsible or liable for: any unauthorized access to, delay, alteration or use of User’s account, transmissions or data, any material or data sent or received or not sent or received; any Indirect Transaction entered into through the Service or any Indirect Product received pursuant to any Indirect Transaction; or any injury, loss or damage related to your participation in any Habit reCode activities or modules.
In no event will Habit reCode, or its suppliers, affiliates or licensors, be liable with respect to any subject matter of the site, App or service Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Habit reCode under this Agreement during the twelve month period prior to the cause of action. “Habit reCode” shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not Apply to the extent prohibited by Applicable law.
Habit reCode is not responsible for any negative or problematic issues associated with the download or use of the App or service, including and not limited to corrupting data, systems or programs including the process of gaining Agreement with the permissions of Facebook that are needed for the App to function.
User agrees to indemnify and hold harmless Habit reCode and its officers, directors, employees, contractors and representatives from and against any action, claim, expense s, including legal fees arising out of your use of the site, App, or service, including but not limited to your violation of this Agreement.
18. INTERNATIONAL USE
Habit reCode makes no representation that the Service is accessible, Appropriate or legally available for use in locations outside of Australia, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
19. DISPUTES AND LEGAL COMPLIANCE
These Terms and Conditions are governed and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. In the event of any conflict between Australia and foreign laws, rules and regulations, Australian laws, rules and regulations shall govern.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
You shall comply with all Applicable domestic and international laws, statutes, ordinances and regulations Applicable to your use of the service and any Habit reCode service or product including any taxes.
20. GENERAL PROVISIONS
User’s rights and obligations under the Terms and Conditions are personal to User, and are not assignable, transferable or sub licensable by User except with Habit reCode’s prior written consent. Habit reCode may assign, transfer or delegate any of its rights and obligations hereunder without consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The Terms of Service, Apps and other content and materials provided by Habit reCode are Copyright © 2016 of Habit reCode. Any rights not expressly granted herein are reserved.