Terms of Use

Welcome to the Helwah.com website (the "Website"). Helwah.com Pte Ltd (otherwise referred as “Helwah”, “We” or “Us”) provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement").

This website is owned and operated by Helwah. Access and use of this website is provided by Helwah to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website. Helwah may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

Use of Website

The Helwah.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Helwah’s goods and services and/or to otherwise transact business with or contact Helwah, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Helwah expressly prohibits third parties from opting out of Helwah’s services and/or contacts on behalf of a Helwah customer or other person or entity, without both (a) Helwah’s full knowledge as to the surrogate action being taken and (b) Helwah’s express permission. This prohibition is intended to protect the privacy and freedom of Helwah’s customers and the personal relationship Helwah works to develop with its customers and others authorized to use its Website.

Minimum Age

You represent and warrant that you are at least 18 years old or visiting the Website under the supervision of a parent or guardian.

Use of Website

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

This website and its contents, including photography and other Helwah-owned assets, (the “Content”) are intended for customers of Helwah. You may not use this website or the Content for any purpose not related to your business with Helwah including to reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with Helwah; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Helwah product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in Helwah’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (f) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (g) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.  You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

We may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Website. You will be solely responsible for all access and use of this Website by anyone using the password and identification originally assigned to you whether or not such access and use of this website is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation all financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.

When you use the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Reviews and Comments

We welcome your comments regarding the Helwah.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Helwah.com shall be and remain the exclusive property of Helwah. Your submission of any such Comments shall constitute an assignment to Helwah of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Helwah will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

You declare that:

• you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
• your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
• We may refuse to accept or transmit Comments for any reason. We may remove Comments from the Helwah.com Website for any reason.

At times, if and where applicable at the Website, you may be invited to post User Content. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another or to us, is your sole responsibility. Though the Website is designed to be a safe place to share such User Content, Helwah cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential or do not want others to use, do not post it to the Website. Under no circumstances will Helwah be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website. The Helwah entities are not responsible for a user’s misuse or misappropriation of any User Content you posted at the Website. By posting any User Content at the Website, you hereby grant Helwah and its designees a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part), throughout the world in any form, media, or technology now known or later developed.  You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you or otherwise have the right to grant the license set forth in this section; and (b) the posting of your User Content at the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person because of any User Content you post at the Website.

You acknowledge and agree that Helwah may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claim(s) or assertion(s) that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Helwah, its users and the public. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regards to Helwah worldwide. Posting of User Content to or through the Website, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Helwah shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Website. Helwah shall be entitled to unrestricted use of any User Content it may receive from you at the Website, for any purpose whatsoever, commercial or otherwise, without compensation to you as the provider of the User Content. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

You agree that you will not use the Website to:

• upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
• harm minors in any way;
• impersonate any person or entity, including, but not limited to a representative of Helwah, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
• upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• "stalk" or otherwise harass another; or
• collect or store personal data about other Website users.

You understand that by using the Website, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Helwah does not endorse or have control over User Content. User Content is not reviewed by Helwah prior to posting and does not reflect the opinions or policies of Helwah. Helwah makes no representations or warranties, express or implied as to User Content or the accuracy and reliability of User Content or any other material or information that you may access through the Website. Helwah assumes no responsibility for monitoring the Website for inappropriate submissions or conduct. If at any time Helwah chooses, in its sole discretion, to monitor the Website, Helwah nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Website users submitting any such User Content. Notwithstanding the foregoing, Helwah and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Helwah’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other Website users. Helwah reserves the right, but has no obligation, to monitor disputes between you and other Website users and to terminate your Website access if Helwah determines, in its sole discretion, that doing so is prudent. You represent and warrant that you own or otherwise control all the rights to the reviews, comments and other Content that you post on this Website and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party.

Intellectual Property

All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Helwah and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Helwah, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Helwah. The entire Content of the Helwah.com Website is copyrighted as a collective work under Singapore and other applicable copyright laws, and Helwah owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Helwah.com Website, and the Website as a whole are intended solely for the personal and non-commercial use of the users of our Website. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Helwah. No right, title or interest in any downloaded or copied materials are transferred to you because of any such downloading or copying. Helwah reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Helwah.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Legal@Helwah.com.

To be effective, your email should include:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit Helwah to locate the material on our websites and apps;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites and apps without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the appropriate authority.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

• your physical or electronic signature;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Singapore Court for the judicial district in which such address is located, whether inside or outside of Singapore, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
• After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please send all notices under the above copyright infringement policies to Legal@Helwah.com.

Gift Messages

The Helwah.com gift message services available to our customers are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in Helwah.com gift messages include, but are not limited to:

• The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or Helwah rule or policy.
• The transmission of any content that is profane, libellous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The impersonation of any person or entity in any part of a gift message.
• The transmission of any content that would violate the intellectual property rights of any other person or entity.

Helwah reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other Helwah customers, or to any other person or entity.

Colours

We have done our best to display as accurately as possible the colours of the products shown on this Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Disclaimer

THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT Helwah AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HELWAH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Helwah AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HELWAH OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Helwah and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’; fees, arising from or related to your use of the Website, including, without limitation, your use of the Helwah.com Website in violation of these Terms of Use.

Arbitration Agreement & Waiver of Certain Rights

You and Helwah agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Helwah hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Helwah relating to these Terms of Use or the Website (each a “Claim”) shall be submitted for binding arbitration in accordance with the law of Singapore. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Helwah will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Helwah from seeking action by the government agencies in Singapore. You and Helwah also have the right to bring qualifying claims in small claims court. In addition, you and Helwah retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.

Neither you nor Helwah may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Helwah’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Helwah.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN SINGAPORE'S ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HELWAH WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Other Provisions

Any action relating to the use of the Website, any mobile applications, catalogues or any transaction with Helwah must be brought in Singapore courts located in Singapore. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

These Terms of Use will be governed by and construed in accordance with the laws of Singapore, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Text Messaging Terms and Conditions

By participating in the Helwah text messaging service, you are agreeing to these terms and conditions and to the Helwah online Terms of Use and Privacy Policy.

Text Messaging Service

Helwah offers our customers mobile alerts about in-store pick up of online orders by SMS message (the “Service”).

Signing Up and Opting-In to the Service

Enrolment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions (the “Terms”). Please only provide your own mobile phone number. You may not enrol if you are under 18 years old. Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. Note that in affirming this message, you acknowledge that notices about your order will be sent to the number you provide and whoever has access to that mobile phone or the carrier account may be able to see this information.

Message and Data Rates May Apply

Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. The Service may not be available on all wireless carriers. Helwah may add or remove any wireless carrier from the Service at any time without notice. Customers may opt out of the Service at any time (see details below). Helwah is not responsible for any undue delays or errors in messages. We do our best to be accurate and to process the orders on time.

To Stop the Service

To stop receiving text messages from Helwah at any time, you can opt out of the Service via text message. Please check with your wireless carrier on how to do this.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Third Party Websites

This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Force Majeure

If Helwah cannot perform any obligation hereunder as a result of any event that is beyond its control, Helwah’s delay or failure to perform such obligation shall be excused and Helwah shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Applicable Law

By using the Website, you agree that the laws of the state of Singapore, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

International Delivery Requirement

If your Order is returned to Helwah due to your refusal to pay duties or taxes or if the shipping company was unable to deliver your Order, you agree you are responsible for any return shipping fees, additional duties, or applicable taxes for returning the package back to Helwah. In addition, if your package is returned to Helwah, we will not reship your Order unless and until we are paid in full for any return shipping costs, duties, taxes we have had to pay or advance for you as well as any subsequent re-delivery fees back to you. International returns on Orders are very costly and we strongly suggest making yourself aware of any duties or taxes before packages are shipped to avoid surprises. In addition, we strongly suggest making yourself available to the delivery company so your package is not returned to Helwah, subjecting you to unnecessary taxes, duties, shipping costs or delays. The re-delivery process could take 4 weeks or longer to complete when packages are not received as they should be.

If you have any questions about your international shipment, please send an inquiry to CustomerService@Helwah.com.

Return Policy

We do offer a return policy because we want our customers to be fully satisfied with their purchase. At your request, we may, but are not obligated to, provide you with an opportunity to exchange a Product for an identical Product in the event of a material defect. If we agree to do so, such exchange must be made within thirty (30) Business Days from the date on which the customer receives his or her Product(s) and only to those customers who timely and properly notify us. If approved, we will provide you the instructions on how to exchange your items. Shipping and handling charges are non-refundable. For approved exchanges, you must follow all instructions provided by Customer Service, including carefully packaging the Product. You are responsible for the cost of return shipping and the risk of loss during the return shipment as part of the exchange. Helwah reserves the right, at its sole discretion, to reject any exchange that does not comply with these requirements. If an exchange is requested, we reserve the right to accept or refuse the exchange request in our sole discretion, and to require you to pay for any Market Loss on approved exchanges.

Absence of Relationship

The sole relationship between Helwah and you are that of buyer-seller. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Helwah and you exist.

Security

Helwah takes security very seriously. Our security measures protect the loss, misuse and alteration of all information under our control. Our system is based on the SSL (Secure Socket Layer) encryption standard. Provided you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you'll be able to conduct fully-protected transactions that encrypt all your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to Helwah. Furthermore, all customer data we collect is protected against unauthorized access. See our Privacy Policy for additional information.

Amendment

Helwah may amend the Agreement at any time by posting the amended terms on the Website and such amendments shall become effective immediately.

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to CustomerService@Helwah.com.

Last Updated: 18 June 2020