Terms & Conditions

Who we are

 

Thank you for choosing Hellomamma. Hellomamma is a worldwide lifestyle brand for women, men, and kids that designs and sells sleepwear, loungewear, lingerie, swimwear, and accessories. We can be reached by mail at hellomammamarketing@gmail.com. We own and operate this website, www.hellimamma.us, including any content, functionality, products, and services offered on or through www.hellimamma.us (the "Website"). 

 

These terms of use are entered into by and between you and World Threads Inc., d/b/a Hellomamma (“Hellomamma”, “we”, “us” and “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”) govern your access to and use of the Website, whether as a guest or a registered user. The terms “you” and “your” refer to persons and businesses that visit our Website. 

ABOUT THIS WEBSITE

 

This Website is provided by us solely to provide customers with information about our products and enable customers to make legitimate purchases, and for no other purposes. Use of this Website is governed by the following Terms and Conditions. By using this Website, you agree to these Terms and Conditions and our Privacy Policy, found at https://hellomamma.us/pages/privacy-policy, incorporated herein by reference, and agree that they control your use of the Website and any purchases you make through the Website. If you do not agree with any part of these Terms and Conditions you may not access or use our Website or order products through the Website. 

These Terms and Conditions are a legal agreement that governs your access to and use of our Website and your purchase of products we make available through our Website. 

THESE TERMS AND CONDITIONS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND HELLOMAMMA THAT IN ANY WAY RELATE TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED ARBITRATION FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH HELLOMAMMA. 

CHANGES TO THESE TERMS AND CONDITIONS

 

We may modify, update, or remove portions of these Terms and Conditions at any time, effective upon posting. The version of these Terms and Conditions that are in effect will always be posted on this Website. We will provide notice of any material changes by posting the revised Terms and Conditions with an updated "Last Updated” Date. If you object to any modification to the Website, your sole recourse is to cease using the Website. Your continued use of the Website following any modification will be deemed an acceptance of the changes. Please also note that these Terms and Conditions may be superseded by terms located on particular pages of this Website. Please return to this page periodically to review any changes. 

ELIGIBILITY; WEBSITE ACCESS; SECURITY AND RESTRICTIONS; PASSWORDS 

 

You agree to fully, accurately, and truthfully create your Hellomamma Account (“Account”), including but not limited to your name, phone number, email address, and password, which become your Hellomamma ID and credentials. The Hellomamma ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Hellomamma ID or credentials, and for all activities that occur under such Hellomamma ID or credentials. You agree to prohibit anyone else from using your Hellomamma ID or credentials and agree to immediately notify Hellomamma of any actual or suspected unauthorized use of your Hellomamma ID or credentials or other security concerns of which you become aware. Your access to the Website may be revoked by Hellomamma at any time with or without cause.  

 

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law.  

 

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Website. Violations of system or network security may result in civil or criminal liability. Hellomamma may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.  

 

ELECTRONIC COMMUNICATIONS

 

When you use the Website, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Hellomamma may contact you by phone, mail, or email to verify your Account information. Hellomamma may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Website and any purchase of products until you provide the information to us as requested.  

 

CAN-SPAM ACT COMPLIANCE 

 

Hellomamma is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails and newsletters received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately at hellomammamarketing@gmail.com.

 

OWNERSHIP OF THE WEBSITE 

 

All pages within this Website and all content on this Website are owned exclusively by Hellomamma and our licensors and are protected by United States and international trademark copyright laws. All copyright, trademark, and other proprietary rights used in this Website are reserved to Hellomamma and our licensors. You acknowledge that the content available on this Website including, without limitation, text, graphics, software, photographs, audio and video, is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted only a personal non-exclusive, non-transferable, revocable, limited license to view and use this Website for the sole purpose of using or placing an order for products. You may not remove or obscure the copyright notice or other notices displayed on this Website. Except as expressly provided in this Agreement, nothing contained in these Terms and Conditions or this Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any trademark, copyright or other intellectual property rights owned by Hellomamma or our licensors. Any rights not expressly granted herein are reserved. 

 

AUTHORIZED USERS

 

You must be at least 18 years old hand have the legal power to enter into contract in order to access and use this Website and order products from us. If you are under 18 you may only use this Website and order products from us if you are at least 16 years old and have the permission of your parent or legal guardian. By using our Website, you confirm that you are at least 18 years old or that you are at least 16 years old and have your parent's or guardian’s permission. If we learn that we have collected personal information from someone under the age of 16, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at hellomammamarketing@gmail.com  

 

PRIVACY

 

Hellomamma values your trust. We try to use reasonable technical and administrative measures to protect your personal information. Unfortunately, no data transmission can be guaranteed to be 100% secure. If you have reason to believe that your personal data that you provide to us is not secure please immediately notify us at hellomammamarketing@gmail.com so that we may try to address your concerns. 

 

You agree that information provided by you in connection with the Website or the purchase of a product shall be governed by our Privacy Policy available at https://hellomamma.us/pages/privacy-policy. Please read our Privacy Policy on this Website so you understand exactly how we will be using and storing the information that you provide. By using our Website, you confirm that you understand and consent to the information collection, use, processed and disclosure practices described in our Privacy Policy. If you object to your information being collected, used, processed or disclosed in this way, please do not use our Website. Hellomamma may de-identify your information such that it is no longer considered personally identifiable information. Hellomamma may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes. 

 

USER INFORMATION

 

If you submit, upload, post, or transmit any information, personal information, requests, product reviews, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Website (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Website users through unsolicited email, phone calls, mailings, or any other method of communication. You represent and warrant to Hellomamma that you have the legal right and authorization to provide all User Information to Hellomamma for use as set forth herein and required by Hellomamma. Hellomamma may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity. 

 

Any User Information posted on the Website for the public will be considered non-confidential and non-proprietary. By providing any User Information on the Website, you grant Hellomamma and Hellomamma’s affiliates and service providers, and each of the respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (a) you own or control all rights in and to the User Information and have the right to grant the license granted above to Hellomamma and its affiliates and service providers, and each of the respective licensees, successors and assigns; and (b) all of your User Information do and will comply with these Terms and Conditions. You understand and acknowledge that you are responsible for any User Information you submit or contribute, and you, not Hellomamma, are fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Hellomamma is not responsible, or liable to any third party, for the content or accuracy of any User Information posted by you or any other user of the Website. 

 

PROHIBITED ACTIVITY


Neither the Website nor the products obtained from the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hellomamma. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hellomamma without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hellomamma’s name or trademarks without the express written consent of Hellomamma. You may use the Website only as permitted by law.  

 

You agree not to: (i) access the Website or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or scripts with the Website; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Hellomamma; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal information about any other individual who uses the Website or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. 

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs, or data due to your use of this Website. 

 

If you engage in any of these prohibited activities, we reserve the right to cancel your use of this Website, as well as pursue other legal remedies, and report your actions to applicable legal authorities. 

 

THIRD-PARTY LINKS


This Website may contain links to social media and third-party websites. We do not endorse and are not responsible or liable for any such other websites or any content or materials thereon, including such sites’ availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such third-party websites and you may be subject to any applicable third-party terms and conditions. We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs, or data due to your use of any social media or website linked to this Website. 

 

USER GENERATED CONTENT


We want to hear from you. You can share information or communicate with us or other users by providing us with your feedback, text, photos, audio, video, social media posts, and other content (“User Content”). We hope you will use these tools to give us your feedback.   

 

When you provide User Content, in any medium via any means, you grant Hellomamma a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, prepare derivative works of, distribute, and otherwise use your User Content in any and all media formats or distribution channels, without limitation. If the User Content includes personal information, our Privacy Policy describes how Hellomamma may use such personal information. You are solely responsible for all User Content that you provide. You further represent and warrant that you either own such User Content or are authorized or otherwise permitted to grant the rights described herein to Hellomamma. You are and remain fully responsible and liable if any of your User Content violates, infringes, or otherwise misappropriates the intellectual property or privacy rights of any third party.  

 

You are not allowed to provide any Prohibited User Content (as defined below). Prohibited User Content may be removed by Hellomamma in our sole discretion. “Prohibited User Content” includes: 

  • Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names;  
  • Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner;  
  • Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic, threatening, or harassing;  
  • Content that is discriminatory;  
  • Attempts to impersonate another person, account, or entity, including a representative of Hellomamma;  
  • Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights; and  
  • Content that includes another person’s private or confidential information.  

 

TEXT MESSAGING

 

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from us (each, a “Text Message”) that may be sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email us at hellomammamarketing@gmail.com

 

In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

 

If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

 

For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

 

DISCLAIMERS AND WARRANTY


Your use of this Website is at your own risk. Our website and its content and any services or products obtained through the Website are provided on an “as is” and “where available” basis. Except to the extent expressly provided for in these Terms and Conditions and as required under applicable law, we expressly disclaim all representations or warranties or conditions of any kind or nature whatsoever, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, and including without limitation, any implied warranties or conditions, any condition or warranty of merchantability, title or non-infringement of third parties rights and any condition or warranty of fitness for a particular purpose. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the foregoing exclusions will apply to you only to the extent permitted by applicable law. 

 

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or products obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Neither Hellomamma nor any person associated with Hellomamma makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. We make no representations or warranties that our Website its content or any services or products obtained through the Website will be accurate, reliable, compatible with your computer, or complete or will be provided on an uninterrupted, timely, secure or error-free basis or that any errors can or will be corrected or that any products, content, data or the results derived therefrom will meet your requirements or expectations or that the website is free of computer viruses and other harmful elements. 

 

GENERAL LIMITATION OF LIABILITY


By using this website, you agree to irrevocably waive any claim against Hellomamma or our affiliates or our or their respective officers, directors, managers, members, shareholders, employees and agents (collectively, the “Hellomamma Parties”) and in no event will the Hellomamma Parties be liable to you, or to any other person, for any losses, costs, or damages of any kind or nature whatsoever, under any legal theory, (including without limitation special, exemplary, punitive, consequential, incidental or indirect damages, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data) that are suffered or incurred in any connection with: (a) your use of this website, (b) any content on this website, (c) any failure to provide or delay in delivering any products, (d) hacking, tampering or other unauthorized access or use of the website or your Account or the information contained therein, or (e) any acts, omissions, or failures of any third party however caused and regardless of the form or cause of action; including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and whether or not foreseeable, even if the Hellomamma parties or any of the Hellomamma parties has been informed in advance or ought reasonably to have known of the potential for such losses, costs, or damages. 

 

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. 

 

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing limitations or exclusions may not apply to you. These Terms and Conditions give you specific legal rights, and you may also have other rights which vary from jurisdictions to jurisdiction. The exclusions and limitations of liability stated in these Terms and Conditions will not apply to the extent prohibited by applicable law. 

 

In the event any of the foregoing limitations are determined to be unenforceable or invalid by a court of competent jurisdiction, in no event will the liability of the Hellomamma parties to you exceed twenty five ($25.00) US dollars.

 

INDEMNIFICATION


You agree to protect and indemnify the Hellomamma Parties (defined above) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:  

  • you personally, or anyone acting on your behalf, in excess of the limitations described above so long as those limitations are permitted by the laws of your state of residence; 
  • third parties a result of your breach of these Terms and Conditions; or 
  • third parties as a result of your violation of any law or the rights of a third party. 

 

SANCTIONS AND EXPORT POLICY


You may not use our Website to purchase products if you are the subject of US sanctions or of sanctions consistent with US law imposed by governments of the country where you reside. You must comply with US or other export restrictions that may apply to goods purchased by you using our Website. 

 

TERMINATION


You agree that we may, in our sole discretion, and at any time, terminate or suspend the operation of this Website or your use of the Website, without prior notice to you, for any reason that we, in our sole discretion, deem appropriate. You further agree that we will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and licenses, indemnification, disclaimer of warranties, limitation on liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination. 

 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE


We disclaim any responsibility or liability for copyrighted materials posted on our Website. We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on the Website, or use the Website to disseminate any material or content that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. 

 

If you feel that material available over the Website constitutes a copyright infringement, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim. Please address any such claims to hellomammamarketing@gmail.com along with the following information: 

  • An electronic or physical signature and full legal name of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found; 
  • Your address, phone number, and email address;
  • Include the following statement, "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; and   
  • Include the following statement, "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 

 

GENERAL TERMS AND CONDITIONS

 

Entire Agreement 

 

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them. 

 

Assignment 

 

Hellomamma may transfer its rights and obligations under these Terms and Conditions to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms and Conditions to anyone else. These Terms and Conditions are personal to you and no third party claiming through you is entitled to benefit under these Terms and Conditions. 

 

No Waiver 

 

If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute our waiver of that right or any other rights we have under these Terms and Conditions or otherwise. 

 

Force Majeure 

 

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control. 

 

Notices 

 

All notices given by you to us must be sent to Hellomamma at hellomammamarketing@gmail.com
m. Notice will be deemed received and properly served immediately when a confirming email or other electronic communication is sent to you. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the email address you provide in your customer agreement with us. 

 

Severability 

 

If any provision of these Terms and Conditions is found unenforceable, then that provision will be severed from these Terms and Conditions and not affect the validity and enforceability of any remaining provisions. 

 

Interpretation 

 

In these Terms and Conditions: (i) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (ii) all usage of the words “including” or “include” or the phrase “e.g.” in this Agreement shall mean “including, without limitation”; (iii) the division into separate Articles, Sections, and Subsections, and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions; (iv) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; (v) if any action is required to be taken on a day which is not a business day, then such action shall be taken on the next business day; and (vi) the parties agree that the Agreement shall not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of the Agreement. 

 

No Relationship 

 

Nothing contained in these Terms and Conditions or this Website shall be deemed or construed to have created a joint venture, partnership, independent contractor, or employment relationship between Hellomamma and you or any other person based on your use of the Website or purchasing products on the Website. Neither Hellomamma nor you are authorized to act as an agent or legal representative of the other party or have any power or authority to bind or commit the other party. 

 

ARBITRATION


PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

 

You acknowledge and agree that before initiating any claim against us, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by US certified mail to Hellomamma at hellomammamarketing@gmail.com. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, you agree to the dispute resolution provisions below. 

 

All disputes arising out of, relating to, or in connection with these Terms and Conditions or your use of the Website including without limitation, products ordered or purchased through the Website, that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Hellomamma are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Hellomamma are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and Conditions and any other contractual relationship between you and Hellomamma. 

 

 

CLASS ACTION WAIVER


YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

 

LIMITATION ON TIME TO FILE CLAIMS


Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.  

  

COPYRIGHT/TRADEMARK INFORMATION


Hellomamma™ , the Hellomamma logo, Line By Line , the Line By Line logo and other marks used on this site are the registered and unregistered trademarks of World Threads Inc. (the “Marks”) and our property. You are not permitted to use these Marks or the property of other third parties without our prior written consent or the consent of such third party which may own the trademarks.