These Terms of Use ("Terms") were last updated on June 25, 2024.
This Website https://heart-hacks.com/ (“Site”) is owned and operated by Zorka Mobi Ltd, reg. num.: HE341489, address: 49 Dromos, 41K.Polemidia, 4152, Limassol, Cyprus and trading as “Heart Hacks” (referred to in these terms as “we”, “us”, and “our”).
Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.
IF YOU LIVE IN THE UNITED STATES OR CANADA, BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH ZORKA MOBI LTD. IN SMALL CLAIMS COURT OR THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY, AS EXPLAINED IN THE DISPUTE RESOLUTION SECTION.
These Terms, together with our Privacy Policy https://heart-hacks.com/privacy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”).
By accessing this Site, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE. The materials contained in this Site are protected by applicable copyright and trademark law.
1. ACCEPTANCE OF TERMS
1.1. By accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:
- are the age of majority in your country or region and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
1.2. We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.
1.3. Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Pay”, “Card”, “Get the Guide”, “Learn more”, “Start now” or “Button” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
1.4. This Site operates from Limassol, the Republic of Cyprus, however, we do not represent that the Site is applicable, appropriate, or available for use in locations outside of the Republic of Cyprus. Persons who choose to access the Site from locations outside of the Republic of Cyprus do so on their own initiative and are solely responsible for compliance with sovereign and local laws, if and to the extent such laws are applicable.
2. CHANGES TO THESE TERMS
2.1. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.
3. NO COMMERCIAL USE. PROHIBITED USE
3.1. Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”).
3.2. Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.
3.3. All copyrights, trademarks, patents and other intellectual property rights in and on our Site and all content and software located on the Site shall remain the sole property of Zorka Mobi Ltd. or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Zorka Mobi Ltd.
3.4. You must not, under any circumstances:
- use our Site, its Content and Digital Products for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
- attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
- hack into any aspect of the Site and/or corrupt data;
- infringe upon the rights of any person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”;
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
4. INTELLECTUAL PROPERTY
4.1. We may offer digital products on our Site from time to time. Where you download our digital products (including checklists, guides, e-books, video or audio content) (“Digital Products”) or access our Content, you are granted a non-exclusive, non-transferable, limited license to access and use these for your own personal purposes. You may not assign or transfer these Digital Products or our Content to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
4.2. Limited License. Even if you have the consent of the author, you are at no time permitted to remove any copyright or other proprietary notations from the materials. You must always acknowledge the author ©Heart Hacks / ©Zorka Mobi Ltd. in a format that is agreed upon with Zorka Mobi Ltd. prior to any publication.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including any Digital Products and Content) in any manner whatsoever except as authorized by us.
4.3. Acknowledgement of Author. You agree to use our Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. You must not use the content on our website for any marketing related purpose without our express written consent.
4.4. Acceptable Use. The Site https://heart-hacks.com/ may contain links to many other websites. Zorka Mobi Ltd. cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by Zorka Mobi Ltd. do not constitute an endorsement by Zorka Mobi Ltd. or any of its employees of the sponsors of these sites or the products or information presented therein.
4.5. Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.
5. PRIVACY
5.1. These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here https://heart-hacks.com/privacy. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
5.2. Your use of the Site constitutes consent to our communicating with you by email or posting notice on the Site for customer service-related purposes in connection with our services or for security, privacy, and administrative issues relating to your use of the Site.
5.3. You have a legal right to receive free written notice of a security breach or to withdraw your consent from receiving electronic notice. To effectuate these rights, please email Zorka Mobi Ltd. at dpo@heart-hacks.com and state in the subject line “Cancel Communications” or utilize the opt-out options included in our communications.
5.4. The Site may contain links to many other websites. Zorka Mobi Ltd. cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by Zorka Mobi Ltd. do not constitute an endorsement by Zorka Mobi Ltd. or any of its employees of the sponsors of these sites or the products or information presented therein.
5.5. Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.
6. PRICES AND PAYMENTS
6.1. All of Digital Products purchased through the Site are governed by these Terms of Use, which you acknowledge and agree to by purchasing a Digital Product:
- All prices displayed are quoted in U.S. dollars.
- You will be charged for a Digital Product at the time of purchase.
- When purchasing a Digital Product, you understand that the information and data that you provide us, such as your name, email address (but not including credit card and any other billing information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and any other billing information is always encrypted during transfer over networks.
- You understand and agree that the Digital Products may or may not be error-free or function as described in the Site, though Zorka Mobi Ltd. has reason to believe it can deliver as specified and plans on making efforts to do so. Zorka Mobi Ltd. does not warrant that the quality of any Digital Product, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Digital Products, information, or materials on the Site will be corrected.
6.2. You will receive a confirmation email from Zorka Mobi Ltd. on the date of your completed purchase that confirms your purchase of a Digital Product and how it can be accessed. We will not be responsible for any issues with the Digital Product after it has been downloaded.
6.3. Zorka Mobi Ltd. reserves the right at any time to modify or discontinue Digital Products (or any part or content thereof) without notice at any time. All descriptions and pricing of Digital Products are subject to change at any time without notice, at the sole discretion of Zorka Mobi Ltd. The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your purchase of a Digital Product.
6.4. Zorka Mobi Ltd. shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of a Digital Product.
6.5. We reserve the right to cancel a purchase and provide a full refund in the event that a Digital Product has been discontinued or we do not have the stock available.
6.6. We may from time to time provide discounted Digital Products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any purchase where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
6.7. We offer visitors who want to purchase from our Site the option to pay for the Digital Products by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us for the Digital Products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorize us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the Digital Products.
6.8. We reserve the right to cancel any purchase where we suspect that there is fraud or other types of illegal or unauthorized activity.
6.9. Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorized by us.
6.10. Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited license to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the Digital Products to you at any time for any reason.
7. REFUNDS FOR DIGITAL PRODUCTS
7.1. DUE TO THE NATURE OF DIGITAL PRODUCTS, ANY PURCHASES RECEIVED AND PROCESSED HAVE A STRICT NO REFUND POLICY UNLESS EXPLICITLY STATED OTHERWISE. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
7.2. You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.
7.3. You further acknowledge and agree that when you click on or tick “I agree”, “I accept”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
8. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
8.1. Any information provided on our Site, through blog posts, product descriptions or any other content, is intended for general informational purposes only and is not intended to constitute or replace professional advice for individual or specific situations. As an ecommerce business selling both physical and digital products, we are not licensed professionals and cannot be held liable for any reliance on the information we provide, either on our Site or through our products. 8.2. We do not accept responsibility for determining whether our Digital Products or/and Content are appropriate for you. We reserve the right to deny service and refund the cost of that Digital Product for any reason, including where we believe that the Digital Product would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
8.3. The sale of products on our Site or reference to any other products does not constitute endorsement or recommendation of those products unless explicitly stated otherwise.
9. INFORMATION AND ADVICE
9.1. Digital Products are for personal use only (including any samples we provide). You must not sell or attempt to resell any products and/or samples obtained or purchased from us. Doing so may violate our intellectual property rights or the intellectual property rights of third parties and /or lead to legal action against you.
9.2. THIS SITE, DIGITAL PRODUCTS AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROVIDING MEDICAL ADVICE OR PROFESSIONAL SERVICES.
9.3. If You have specific concerns or a situation that requires mental health or medical advice, care or treatment, you should consult with the appropriately trained and qualified health care, mental health, or medical provider, such as a psychologist or physician.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
10.2. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Site, Content, Digital Products or otherwise relating to such materials or on any sites linked to this Site.
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm;
- there is no possibility of failure to store communications or other data.
10.3. This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:
- Zorka Mobi Ltd. makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Site, Content, Digital Products or any sites linked to this site.
- The Site, Content, Digital Products are provided ‘as is’ without any express or implied warranty of any kind, including warranties of merchantability, noninfringement of intellectual property or fitness for any particular purpose.
10.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NOTHING IN THESE TERMS OF USE HAS THE EFFECT OF CONTRACTING OUT OF ANY APPLICABLE CONSUMER PROTECTION LAW THAT CANNOT BE EXCLUDED OR OUR LIABILITY FOR DEATH, PERSONAL INJURY ARISING FROM OUR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. IN NO EVENT ARE WE, ANY OF OUR SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS RESPONSIBLE FOR ANY LOSSES AND EXPENSES, HOWEVER ARISING, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT AND/OR PRESENT, UNASCERTAINED, FUTURE OR CONTINGENT, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT OR PROJECTED PROFIT, LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR SITE, CONTENT, DIGITAL PRODUCTS, YOUR INABILITY TO ACCESS OUR SITE, INTERRUPTION OR OUTAGE OF OUR SITE OR THE FACT THAT CONTENT ON OUR SITE OR IN OUR SERVICES IS INACCURATE, INCOMPLETE OR OUT OF DATE. TO THE EXTENT OUR LIABILITY CANNOT BE EXCLUDED BUT CAN BE LIMITED, OUR LIABILITY IS LIMITED TO THE VALUE OF THE DIGITAL PRODUCTS PURCHASED.
10.5. To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set out in these Terms of Use or your breach of any law or the rights of a third party.
11. GENERAL TERMS
11.1. The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorized to access our Site, Content and Digital Products.
11.2. If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
11.3. We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
11.3. We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms of Use without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms of Use.
11.4. These Terms of Use (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
11.5. These Terms of Use shall be construed in accordance with and governed in all respects by the laws of the Republic of Cyprus without regard to conflicts of law provisions. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the State Court of the Republic of Cyprus.