Terms of service

Welcome to Havelay. The terms "we", "us" and "our" refer to Havelay, a brand operated
by Dhaka Co (ABN 89 224 504 274), a business registered in Victoria, Australia.
Havelay operates this store and website, including all related information, content,
features, tools, products and services to provide you, the customer, with a curated
shopping experience (the "Services"). Havelay is powered by Shopify, which enables
us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these
"Terms of Service" or "Terms") describe your rights and responsibilities when you
use the Services.

Please read these Terms of Service carefully, as they include important information
about your legal rights and cover areas such as warranty disclaimers and limitations
of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these
Terms of Service and our Privacy Policy. If you do not agree to these Terms of
Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state, province, or country of residence, and you have given us
your consent to allow any of your minor dependents to use the Services on devices
you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing
any of the products or services we offer, you may be asked to provide certain
information, such as your name, email address, and billing and payment information.
You represent and warrant that all the information you provide is correct, current,
and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your access credentials
and for all activity associated with your purchase. You may not transfer, sell,
assign, or license your access to any purchased plan to any other person.

SECTION 2 - OUR PRODUCTS

Havelay sells personalized 12-week fitness plans delivered as digital files (PDFs).
We have made every effort to provide an accurate representation of our products and
services in our online store. However, please note that the appearance or quality of
digital files may differ between devices and display settings.

The plans are general fitness and nutrition guidance only. They are not medical
advice, not a weight-loss program, and have not been evaluated by the United States
Food and Drug Administration or any equivalent regulatory body. The plans are not
intended to diagnose, treat, cure, or prevent any disease. You should consult a
qualified healthcare provider before beginning any new exercise or nutrition program,
especially if you have any pre-existing medical conditions, are pregnant, or have
any injuries.

Results depend on individual effort, consistency, diet, genetics, and many other
factors. We do not guarantee any specific fitness, weight, or aesthetic outcomes.

All descriptions of products are subject to change at any time without notice at
our sole discretion. We reserve the right to discontinue any product at any time
and may limit access to any products that we offer to any person, geographic region,
or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Havelay reserves the
right to accept or decline your order for any reason at its discretion. Your order
is not accepted until Havelay confirms acceptance. We must receive and process your
payment before your order is accepted.

Please review your order carefully before submitting, as Havelay may be unable to
accommodate cancellation requests after an order is accepted. In the event that we
do not accept, make a change to, or cancel an order, we will attempt to notify you
by contacting the email address provided at the time the order was made.

Your purchases are subject to refund solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal use and not
for commercial resale or redistribution.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price
charged for a product or service will be the price in effect at the time the order
is placed and will be set out in your order confirmation email. Unless otherwise
expressly stated, posted prices do not include applicable taxes.

We may offer, from time to time, promotions on the Services that may affect pricing
and that are governed by terms and conditions separate from these Terms. If there
is a conflict between the terms for a promotion and these Terms, the promotion
terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and contact
information for all purchases made at our store. You agree to promptly update your
contact information, including your email address, so that we can complete your
transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true,
correct, and complete, (ii) you are duly authorized to use such payment method for
the purchase, and (iii) charges incurred by you will be honored by your payment
provider.

SECTION 5 - DIGITAL DELIVERY

Our products are delivered digitally. After your purchase is confirmed, you will
receive an email with a link to your plan page where you can download your files.
Delivery is typically within a few minutes of a successful purchase.

We are not liable for delivery delays caused by email filtering, incorrect email
addresses provided at checkout, or other events outside our control. If you do not
receive your delivery email within 30 minutes of purchase, please check your spam
folder and contact us at support@havelay.com.

Once your digital files are delivered and made available for download, the product
is considered fulfilled.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays,
images, graphics, video, audio, plan content, and the design, selection, and
arrangement thereof, are owned by Havelay, its affiliates, or its licensors and are
protected by Australian, United States, and other applicable copyright, trademark,
and other intellectual property laws.

These Terms permit you to use the Services and the plan files you purchase for
your personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish, sell,
sublicense, or redistribute any of the plan files or any material on the Services
without our prior written consent. You must not share your download links or files
with any other person.

Except as expressly provided herein, nothing in these Terms grants or shall be
construed as granting a license or other rights to you under any patent, trademark,
copyright, or other intellectual property of Havelay, Shopify, or any third party.
Unauthorized use of the Services may be a violation of federal, state, and
international intellectual property laws. All rights not expressly granted herein
are reserved by Havelay.

Havelay's name, logo, product and service names, designs, and slogans are trademarks
of Havelay or its affiliates. You must not use such trademarks without the prior
written permission of Havelay. Shopify's name, logo, product and service names,
designs, and slogans are trademarks of Shopify. All other names, logos, product
and service names, designs, and slogans on the Services are the trademarks of their
respective owners.

SECTION 7 - AI-GENERATED CONTENT

Some parts of our Services use artificial intelligence to generate content. In
particular, if you choose to upload a photograph during our quiz, we use AI to
generate an illustrative "after" image based on your uploaded photograph. This
image is a visual illustration only and is not a prediction or guarantee of your
actual results. Individual results will depend on your effort, consistency, diet,
genetics, and other factors outside our control.

You acknowledge that AI-generated content may contain inaccuracies and should be
treated as illustrative only.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated
by third parties (including any embedded third-party functionality). We are not
responsible for examining or evaluating the content or accuracy of any third-party
materials or websites you choose to access. If you decide to leave the Services to
access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party
websites, or your purchase or use of any products, services, resources, or content
on any third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products and
services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Havelay is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with
Havelay. By using the Services, you acknowledge and agree that Shopify is not
responsible for any aspect of any sales between you and Havelay, including any
injury, damage, or loss resulting from purchased products and services. You hereby
expressly release Shopify and its affiliates from all claims, damages, and
liabilities arising from or related to your purchases and transactions with
Havelay.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy
Policy, and certain personal information may be subject to Shopify's Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal
information about your access to and use of the Services in order to provide and
improve the Services for you. Information you submit to the Services will be
transmitted to and shared with Shopify as well as third parties that may be located
in countries other than where you reside, in order to provide services to you.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions,
feedback, reviews, proposals, plans, or other content (collectively, "Feedback"),
you grant us a perpetual, worldwide, sublicensable, royalty-free license to use,
reproduce, modify, publish, distribute, and display such Feedback in any medium for
any purpose, including for commercial use. We may use our rights under this license
to operate, provide, evaluate, enhance, improve, and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to all
Feedback; (ii) you have disclosed any compensation or incentives received in
connection with your submission of Feedback; and (iii) your Feedback will comply
with these Terms.

We are and shall be under no obligation (1) to maintain your Feedback in confidence,
(2) to pay compensation for your Feedback, or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we
determine in our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene, or otherwise objectionable.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, promotions, offers, or availability. We reserve the right to
correct any errors, inaccuracies, or omissions, and to change or update information
or cancel orders if any information is inaccurate at any time without prior notice
(including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or
use the Services, directly or indirectly: (a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local laws;
(c) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (d) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or harm any person; (e) to transmit false or misleading
information; (f) to send, knowingly receive, upload, download, use, or re-use any
material that does not comply with these Terms; (g) to transmit, or procure the
sending of, any advertising or promotional material, including any "junk mail,"
"chain letter," "spam," or any other similar solicitation; (h) to impersonate or
attempt to impersonate any other person or entity; or (i) to engage in any other
conduct that restricts or inhibits anyone's use or enjoyment of the Services, or
which, as determined by us, may harm Havelay, Shopify, or users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any other type of
malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit
any portion of the Services or the plan files; (c) collect or track the personal
information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any
robot, spider, scraping, data gathering and extraction tools, automatic devices or
processes, AI tools (such as agentic AI), or automated or manual means to access
the Services; or (f) interfere with, bypass, or circumvent the security or
authorization features or other measures we employ to restrict access to the
Services. We reserve the right to suspend, disable, or terminate your access at
any time, without notice, if we determine that you have violated any part of
these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the
deployment of an Agent to access, use, or interact with any Services. "Agent" means
any software or service that takes autonomous or semi-autonomous action on behalf
of, or at the instruction of, any person or entity and that can be executed on
behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it
identifies itself and operates in strict accordance with the requirements in
section 14.4 below. In addition, no Agent may access, use, or interact with Services
if we have requested that the Agent refrain from accessing, using, or interacting
with any service.

14.3 We may limit, including by technical measures, whether and how any Agent
accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from
an Agent and disclose the name of the Agent by including the following in the
request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate
that any access, use, or interactions are from an Agent, such as by (a) mimicking
human behavior and interaction patterns, or (b) completing or circumventing
CAPTCHAs or measures intended to distinguish computer use from humans; (iii)
respond truthfully to any question or prompt seeking to determine if interactions
are coming from a human or a computer; (iv) not circumvent or otherwise avoid any
measure intended to block, limit, modify, or control whether and how Agents access,
use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part
thereof) in our sole discretion at any time without notice, and you will remain
liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation
of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment,
Governing Law, Privacy Policy, and any other provisions that by their nature
should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for
general information purposes. The plan files and any other content we provide are
general fitness and nutrition guidance only and do not constitute medical advice.
We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We disclaim
all liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY HAVELAY, THE SERVICES AND ALL PRODUCTS OFFERED
THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT
ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY
NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HAVELAY, OUR PARTNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS
OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR
DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS
PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR
USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Nothing in these Terms is intended to exclude, restrict, or modify rights that you
may have under the Australian Consumer Law or other applicable consumer protection
laws that cannot be excluded, restricted, or modified by agreement.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Havelay, Shopify, and our
affiliates, partners, officers, directors, employees, agents, contractors,
licensors, and service providers from any losses, damages, liabilities, or claims,
including reasonable attorneys' fees, payable to any third party due to or arising
out of (1) your breach of these Terms of Service or the documents they incorporate
by reference, (2) your violation of any law or the rights of a third party, or
(3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly
notify will not relieve you of your obligations unless you are materially
prejudiced. We may control the defense and settlement of such claim at your
expense, including choice of counsel, but will not settle any claim requiring
non-monetary obligations from you without your consent (not to be unreasonably
withheld). You will cooperate in the defense of indemnified claims, including by
providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be
unlawful, void, or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Service. Such determination
shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this
site or in respect to the Services constitutes the entire agreement and
understanding between you and us and governs your use of the Services, superseding
any prior or contemporaneous agreements, communications, and proposals, whether
oral or written, between you and us (including any prior versions of the Terms of
Service).

Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or
obligations under these Terms without our prior written consent, and any such
attempt will be null and void. We may transfer, assign, or delegate these Terms
and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of the State of
Victoria, Australia, without regard to its conflict-of-law rules. You and Havelay
consent to the exclusive jurisdiction of the courts of Victoria, Australia, for any
dispute arising out of or relating to these Terms or the Services, subject to any
mandatory consumer protection laws that may apply in your jurisdiction of residence.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on
this page.

We reserve the right, in our sole discretion, to update, change, or replace any
part of these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. We will
notify you of any material changes to these Terms in accordance with applicable
law, and such changes will be effective on the date specified in the notice. Your
continued use of or access to the Services following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@havelay.com.

Havelay
Operated by Dhaka Co (ABN 89 224 504 274)
support@havelay.com