Terms Of Service
TERMS OF SERVICE
OVERVIEW
Welcome to Habit.
The terms “we”, “us” and “our” refer to Habit. Habit operates this website and online store at habitandco.com, including all related information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced (including our Privacy Policy and Refund Policy), set out your rights and responsibilities when using our Services.
Nothing in these Terms limits any rights you may have under Australian Consumer Law (ACL).
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you confirm that you are at least 18 years old or have permission from a parent or guardian.
To access certain Services or place an order, you may be required to provide information such as your name, email address, billing and shipping details. You warrant that all information provided is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account and for all activity that occurs under your account. You must not transfer or assign your account to another person.
SECTION 2 – OUR PRODUCTS
We take reasonable steps to ensure product descriptions, images, sizing, and colours are accurate. However, due to screen settings, lighting, and manufacturing variations, actual colours or fit may differ slightly from what appears on your device.
All measurements and size guides are indicative only. It is your responsibility to select the appropriate size.
We reserve the right to modify or discontinue products at any time without notice.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. We reserve the right to accept or decline orders at our discretion.
Orders are not confirmed until payment has been received and you receive an order confirmation email. Once an order is accepted, it may not be cancelled or modified.
All returns, refunds, and exchanges are governed by our Refund Policy.
Products are sold for personal use only and not for resale.
SECTION 4 – PRICES AND BILLING
All prices are listed in Australian Dollars (AUD) unless otherwise stated.
Prices may change without notice. The price charged will be the price displayed at the time of purchase.
Shipping fees, taxes, and duties (if applicable) are calculated at checkout.
You agree to provide accurate and up-to-date payment information and authorise us to charge your selected payment method.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events beyond our control.
Risk of loss passes to you once the order is handed to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content on this site, including logos, designs, images, text, graphics, and branding, is owned by or licensed to Habit and is protected by intellectual property laws.
You may not reproduce, copy, distribute, or exploit any content without prior written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools or services. These are provided “as is” and we are not responsible for their content, performance, or availability.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links to third-party websites. We are not responsible for their content, policies, or practices. Accessing third-party sites is at your own risk.
SECTION 9 – SHOPIFY
Our store is hosted on Shopify. Any purchase you make is directly with Habit, not Shopify. Shopify is not responsible for any aspect of transactions between you and us.
SECTION 10 – PRIVACY POLICY
Your personal information is handled in accordance with our Privacy Policy and Shopify’s Privacy Policy. By using our Services, you consent to this collection and use.
SECTION 11 – FEEDBACK
If you submit reviews, feedback, or suggestions, you grant us a non-exclusive, royalty-free licence to use, reproduce, and display that content for business purposes.
You warrant that any feedback does not infringe third-party rights or contain unlawful material.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders affected by such issues.
SECTION 13 – PROHIBITED USES
You must not use our Services for unlawful purposes, infringe intellectual property rights, harass others, submit false information, or interfere with the security or functionality of the site.
We may suspend or terminate access for violations.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time without notice if you breach these Terms.
SECTION 15 – DISCLAIMER OF WARRANTIES
Our Services and products are provided “as is” and “as available”, except where required by Australian Consumer Law.
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by law, Habit is not liable for indirect or consequential loss arising from your use of the Services.
Nothing in these Terms excludes or limits rights you have under Australian Consumer Law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Habit from any claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain valid.
SECTION 19 – ENTIRE AGREEMENT
These Terms and related policies constitute the entire agreement between you and Habit.
SECTION 20 – ASSIGNMENT
We may assign these Terms without notice. You may not assign them without our consent.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of Australia, and you submit to the jurisdiction of Australian courts.
SECTION 22 – CHANGES TO TERMS
We may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
SECTION 23 – CONTACT
For questions regarding these Terms, contact us at:
Habit
📧 hello@habitandco.com