Agreement between User and www.ahmaandco.com
Welcome to www.ahmaandco.com. The www.ahmaandco.com website (the "Site") is comprised of various web pages operated by Ahma & Co L.L.C. ("Ahma & Co"). www.ahmaandco.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ahmaandco.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.ahmaandco.com is an E-Commerce Site.
To provide education, support, and community to mothers, especially during the postpartum phase.
Visiting www.ahmaandco.com or sending emails to Ahma & Co constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Ahma & Co does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ahmaandco.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.ahmaandco.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ahma & Co and Ahma & Co is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ahma & Co is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ahma & Co of the site or any association with its operators.
Certain services made available via www.ahmaandco.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ahmaandco.com domain, you hereby acknowledge and consent that Ahma & Co may share such information and data with any third party with whom Ahma & Co has a contractual relationship to provide the requested product, service or functionality on behalf of www.ahmaandco.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ahma & Co or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ahma & Co content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ahma & Co and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ahma & Co or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Ahma & Co has no obligation to monitor the Communication Services. However, Ahma & Co reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ahma & Co reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Ahma & Co reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ahma & Co's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ahma & Co does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ahma & Co specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ahma & Co spokespersons, and their views do not necessarily reflect those of Ahma & Co.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.ahmaandco.com or Posted on Any Ahma & Co Web Page
Ahma & Co does not claim ownership of the materials you provide to www.ahmaandco.com (including feedback and suggestions) or post, upload, input or submit to any Ahma & Co Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ahma & Co, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Ahma & Co is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ahma & Co's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Ahma & Co from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ahma & Co Content accessed through www.ahmaandco.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Ahma & Co, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ahma & Co reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ahma & Co in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Ahma & Co agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AHMA & CO L.L.C. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AHMA & CO L.L.C. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AHMA & CO L.L.C. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Ahma & Co reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ahma & Co as a result of this agreement or use of the Site. Ahma & Co's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ahma & Co's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ahma & Co with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ahma & Co with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ahma & Co with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Ahma & Co reserves the right, in its sole discretion, to change the Terms under which www.ahmaandco.com is offered. The most current version of the Terms will supersede all previous versions. Ahma & Co encourages you to periodically review the Terms to stay informed of our updates.
Ahma & Co welcomes your questions or comments regarding the Terms:
Ahma & Co L.L.C.
611 South DuPont Highway, Suite 102
Dover, Delaware 19901
Effective as of May 01, 2022
ARTICLE 1 – ORGANIZING COMPANY AND PERIOD
These terms and conditions (which we will refer to as our "General Terms") are the overarching general terms and conditions that apply to all the competitions promoted by Ahma & Co LLC (which we will refer to as “Ahma & Co”, "we" or "us"). We refer to all these competitions as the "Competitions" in these General Terms.
In addition to these General Terms, Competitions will also have their own specific terms and conditions (such as the details of how to enter, the opening/closing dates and the sort of prize you may win). Any such Competition-specific terms and conditions will be made available as part of the promotion of the particular Competition in publications and/or online. In these General Terms, we will refer to these Competition-specific terms and conditions as the "Specific Terms".
Ahma & Co is a company registered in the United States with company number 844-493-6249 and with its registered office at 611 South DuPont Highway, Suite 102 Dover, Delaware 19901. You can write to us at this address if you have any concerns in relation to any of our Competitions, setting out clearly (i) the name of the Competition, (ii) the name of our publication or website running the Competition and (iii) your issue.
Organizes from November 18, 2022 to January 14, 2023, these dates included, a giveaway free of charge and no purchase necessary, tentatively or definitively entitled “Contest Name”, (hereinafter the “giveaway”).
ARTICLE 2 - ELIGIBILITY
This giveaway is only open to anyone over the age of majority, legally residing within “USA” with an internet connection and a valid e-mail address (hereinafter the “Entrants”).
Employees of Organizing Company and any person who has directly or indirectly participated in the conception, the realization or the management of the giveaway, including their spouses (marriage, civil union, common-law marriage), families’ members: ascendants and direct descendants or other relatives: household and non-household members are not eligible.
The Organizing Company may at any time request from any Entrant to demonstrate compliance with the Rules and eligibility requirements set forth herein. Any Entrant who does not comply with the Rules and requirements set forth herein or who refuses to demonstrate compliance with such will be excluded from the giveaway and will not be able, in case of prize award, to obtain it.
Only one entry per person is allowed (same e-mail address). The Organizing Company may at any time carry out any verification for compliance with this rule. Should an Entrant enter multiple times, only their first entry will be taken into account.
By participating to the giveaway, the Entrant agrees to be fully unconditionally bound by these rules (the “Rules”), the rules of professional conduct in force on the internet, as well as all applicable laws and regulations for free giveaway in force in the USA territory.
This giveaway is available on social media (Facebook and Instagram), but is not sponsored, endorsed or administered by those social media, nor is it associated with them. Those social media may not be held responsible for any element of this giveaway.
This giveaway is available on smartphones, but Apple, Microsoft, Google or any other mobile application platform will not be held responsible in the event of any dispute related to this giveaway.
ARTICLE 3 – ENTRY AND ENTRY METHODS
To participate in the Ahma&Co Giveaway, Entrants must:
ARTICLE 4 – WINNING ENTRANT(S) SELECTION AND SHIPPING/PRESENTATION OF PRIZES
A totally random algorithm implemented by a sub-contractor of the Organizing Company will instantly designate the Winning Entrants.
Only the Winning Entrant will receive an email on January 15, 2023. The Organizing Company shall contact the Winning Entrant using the telephone number and/or email address provided by the Winning Entrant in their Registration Form. The Organizing Company shall in no case be held liable for any incorrect contact information provided by the Winning Entrant.
Any additional cost for taking possession of the prizes shall be borne by the Winning Entrants. The Winning Entrant(s) hereby irrevocably waive(s) to claim any compensation from the Organizing Company and/or the contractors and/or partners.
Any prize that would be returned by the post office or the contractor in charge of the shipping, for whatever reason (for example: “no longer at this address”), shall be considered as permanently refused by the Winning Entrant who in such case shall have no grounds for claim.
If a Winning Entrant does not or cannot, for any reason whatsoever, take possession of the prize or benefit from all or part of the awarded prize as provided for under these Rules, such prize shall be considered as having been permanently refused by the Winning Entrant who in such case shall have no grounds for claim.
Entrants who have not won will receive a message indicating the Winning Entrant has been selected and contacted.
All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated. We reserve the right to award prizes unclaimed after this period to alternative prizewinners or not to award them at all and we shall have no liability in respect of the entry initially selected. Any prize which is returned as undelivered will be used for another Competition or sent to charity.
Prize Limits. No person or persons at the same residential address may win more than one (1) prize valued at five hundred pounds (£500) or more via any of our Competitions in any six (6) month period.
ARTICLE 5 – LIMITATION OF LIABILITY
The Organizing Company shall not be held liable if, due to force majeure or any event beyond its control, the giveaway covered by the Rules should be canceled, extended, shortened, postponed, or modified.
The liability of the Organizing Company shall not be incurred in the event of force majeure or fortuitous events beyond its control.
The Organizing Company shall not be held responsible for delays, losses, thefts, damage to mail, lack of legibility of stamps due to postal services. It shall also not be held liable and no recourse may be taken against it in the event of the occurrence of events of force majeure (strikes, bad weather, etc.) partially or totally depriving Participants of the possibility of participating in the giveaway and/or the Winning Entrant(s) of the benefit of their winning(s).
The Organizing Company shall not be held liable for any delay in the dispatch of the prizes and lots when this delay is not attributable to it, but is the fault of the service provider that it uses to carry out this dispatch. It shall not incur any contractual or legal liability in respect of operations relating to the transport of the prizes and lots awarded. The Organizing Company shall not be held liable for any damage, theft or loss during transport and delivery of the package.
The Organizing Company declines all responsibility in the event of any incident and/or accident that may occur during the use or enjoyment of the prize won and/or due to its improper use by the Winning Entrant(s), it being incumbent on the Winning Entrant(s) to take out their corresponding insurance.
The Organizing Company, as well as its service providers and partners, may not be held liable for the loss or theft of the prizes by the beneficiaries once the Winning Entrant(s) have taken possession of them.
The Organizing Company shall not be held liable for direct or indirect damages, whatever the causes, origins, nature, or consequences, even though the Organizing Company may have been advised of the likelihood of such damages, caused by reasons of:
ARTICLE 6 – FREE PARTICIPATION
For information, the Entrants using access providers globally integrating the telephone and internet connections into the current offers and services, the participation in Giveaway is free of charge, the Entrants declaring that they have already it available for their use.
ARTICLE 7 – INTELLECTUAL PROPERTY
Ownership of the Organizing Company
Reproduction, display, or exploitation of all or in part of the elements forming the giveaway, Rules included are strictly prohibited.
All trademarks, logos, texts, images, videos and other distinctive signs reproduced on any communication medium relating to the giveaway, including the Site, and on sites to which it allows access via hypertext links, are the exclusive property of their owners and are protected as such by the provisions of the Code of Intellectual Property for the whole world. Their unauthorized reproduction constitutes an infringement and can be deemed a criminal offense.
Any unauthorized reproduction of these trademarks, logos, and signs, in full or in part, constitutes an infringement and can be deemed a criminal offense.
ARTICLE 8 – OBTAINING THE RULES
Rules can be sent upon request, at no cost to requestor (postage reimbursed if asked for) sent to the Organizing Company at the following address:
“Ahma and Co”
Rules can be accessed on the Site.
ARTICLE 9 – DECISIONS OF THE ORGANIZING COMPANY
The Organizing Company reserves the right to amend, at any time the Rules and take any decisions it deems fit relating to the enforcement and interpretation of the Rules. In particular, the duration of the giveaway can be prolonged, shortened, or otherwise modified. The Organizing Company will notify Entrants of such by the means it deems fit. The Organizing Company further reserves the right, without prior notice or obligation, to modify, prolong, shorten, suspend, postpone, or cancel the giveaway, or to modify access and/or operating procedures.
The liability of the Organizing Company may not be engaged in respect of the foregoing and the Participants may therefore not claim any compensation or indemnity of any nature whatsoever.
ARTICLE 10 – USE OF ENTRANT’S PERSONAL DATA
The personal data collected from each Entrant, both during the participation in the giveaway, and, where appropriate, when a prize is awarded, are subject to the provisions of the General Data Protection Regulation (EU) 2016/679 ("GDPR").
Who is responsible for processing the personal data collected from each Participant?
The person responsible for processing the personal data collected from each Participant is the Organizing Company.
What personal data is collected?
The Organizing Company will collect and process Entrants’ personal data, in particular: first name, surname, postal address, telephone number and e-mail-address.
What are purposes of the processing Entrant’s personal data?
Processing of Entrants’ personal data by the Organizing Company is necessary to:
Who are the recipients of the Participants' personal data?
In accordance with the provisions of the RGPD, the Organizing Company is entitled to disclose Participants' personal data to external subcontractors who act on behalf of and on the instructions of the Organizing Company (in particular service providers, and technical partners for the purpose of delivering the prizes) or to share Participants' personal data with its subsidiaries (for the purpose of delivering the prizes and/or, subject to the Participants' express prior consent, in order to better serve and inform Participants of new products and services from the Asmodee group).
In this context, the Winning Entrant's personal data may be transferred outside the European Economic Area (EEA) to countries that do not offer a level of protection equivalent to that of the EEA, such as China, the United States, Canada, etc. The Winning Entrant's personal data may also be transferred to other countries that do not offer a level of protection equivalent to that of the EEA. In the lack of an adequacy decision by the European Commission, the transfer of personal data will be governed by transfer mechanisms provided for by the legislation in force for the adequate protection of personal data (examples: adequacy decision, the signature of the European Commission's standard clauses where applicable etc.).
How long will the Participants' personal data be kept?
The Organizing Body shall keep the Participants' personal data only for as long as is necessary to accomplish the purposes described above, in accordance with applicable law.
The Participants' personal data shall then be archived for the period required by the legal provisions in force and for the management of any claims and/or disputes.
The Participants' personal data will then be deleted or anonymized for statistical purposes.
What are Entrant’s rights?
In accordance with the legal provisions in force, and under certain conditions, each Entrant has the right to access, delete and rectify personal data concerning him or her and may object at any time to the processing of personal data concerning him or her. They also have the right to limit the processing of their personal data. Each Entrant shall also have the right to receive the personal data concerning him/her that he/she has provided to the Organizing Company in a structured, commonly used and machine-readable format, and shall have the right to transmit such personal data to another controller if the processing is based on his/her consent or on the performance of a contract and the processing is automated. The Entrant also has the right to define directives (general or specific) concerning the fate of his/her personal data after his/her death.
To exercise all his rights, the Entrant must send his request in writing to the office of the Organizing Company, as mentioned in article 1., or by e-mail to the following address: “email”
ARTICLE 11 – FRAUD
If it turns out that a Participant wins a prize in contravention of the Rules or by fraudulent or unfair means, such prize shall not be awarded to him/her and shall remain the property of the Organizing Company or of possible partner companies of the Giveaway, without prejudice to any legal proceedings that may be brought against the Entrant by the Organizing Company or by any third party.
Any fraud, attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Sweepstakes, or any other methods not authorized by these Sweepstakes Rules, for example, but not limited to, entering multiple times, shall be deemed as tampering and may disqualify you from entering, participating, winning prizes (defined herein), and preclude you from participating in future contests and promotions, at the sole discretion of Sponsor. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions these Rules will be judged void.
Any fraud or attempted fraud for winning prizes will be prosecuted in accordance with the provisions of Articles 313-1 and following of the Criminal Code.