HAPPY FAMILY WEBSITE
TERMS AND CONDITIONS OF USE

Use of Website Content

The content of this Website is the property of or has been licensed to Happy Family and it is protected by patent, trademark and copyright laws. Except for your own personal or noncommercial use, you are prohibited from reproducing, transmitting, distributing, or displaying these materials or user Submissions (as defined below) without the prior written consent of Happy Family Any unauthorized attempt to modify any materials included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the content or materials included on this website for any purpose other than its intended purposes is strictly prohibited. The use of any of these materials or content, including Submissions, is at your own risk. Happy Family reserves the right to change any and all content, materials, software, applications, and other items used or contained in the Website at any time without notice.

You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other Website user’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.

Happy Family reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.

If you are under 18, you may use the Website only with involvement of a parent or guardian.

User Participation and Submissions

From time to time, our Website may offer users the ability to post content or submit to us materials such as comments, remarks, suggestions, ideas, graphics, opinions, photos, videos, entries to promotions or other information or content created by users (“Submissions”). Any Submission you provide to us should reflect your own honest opinions, findings, beliefs or experience and you warrant that you have the rights to provide such Submissions. If you choose to share any ideas on the Website, please note that we cannot guarantee that other Website users or third parties will not use or otherwise disseminate the ideas that you share and Happy Family shall have no liability for third-party use of your Submissions. Therefore, if you have an idea that you would like to keep confidential and/or do not want others, including Happy Family, to use, do not post it to this Website.

You are solely responsible for (a) any Submission you post on or through the Website, (b) any material or information that you provide to other users (or others that view this Website), and (c) your interaction with other users (or others that view this Website).

Please remember that the content of any Submissions on this Website are those of the person making the Submission and do not necessarily represent the opinions of Happy Family, its employees, parent company, agents or affiliates. Happy Family (a) does not represent or warrant the accuracy of any statement or product claim made in any Submission, (b) is not responsible for any Submission or content posted by users on this Website, and (c) does not endorse any opinions expressed by users on this Website.

By posting a Submission on this Website, you agree that you provide Happy Family with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable, transferrable, assignable and unlimited license to use, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever. Happy Family hereby reserves the right to use the posted Submission and Happy Family and its designees may exploit, edit, modify, and distribute the content and any and all elements of such Submission, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to you or any third party.

We may obtain many Submissions on this website, or otherwise develop on our own or in conjunction with third-party contractors we engage, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you make to the Website. By providing a Submission, you understand that you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by Happy Family (or its designees) based on any similarity with any Submissions made by you on this website.

Code of Conduct

Although we do not control and are otherwise not responsible for any Submissions made by users on this Website, we are hopeful that our Website will be a place where people can come to learn about Happy Family’s products and promotions and not be offended or otherwise hurt by the content of any Submissions. Therefore, we remind our users that the following content in any Submissions is strictly prohibited:

Submissions that

  • Are profane, obscene, offensive, sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
  • Defame, misrepresent or contain disparaging remarks about other people or companies;
  • Contain fraudulent, misleading or unlawful material or information;
  • Contain trademarks, logos, or trade dress (such as distinctive packaging) owned by others (except those of Happy Family), without permission;
  • Contain copyrighted materials owned by others (including photographs and other works of art or images published on or in websites, television, movies or other media) (except that of Happy Family), without permission;
  • Contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
  • Contain advertisements, “spam” content, or references to other products, offers, or websites;
  • Communicate messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or Violate any laws.

We strongly advise you not to publicly share your personal information, including your email address, IM address, or phone number on this Website. You are strictly prohibited from collecting or soliciting personally identifiable information from other Website users. Do not collect, use or post on the Website the private information of anyone else without their express consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

We ask that all users are respectful of one another and remember the spirit of this Website. Happy Family hereby reserves the right to remove any Submission that falls into one or more of the above categories or other inappropriate content as Happy Family may determine in its sole discretion. Happy Family reserves the right in its sole discretion to decide whether or not a Submission shall be posted. Happy Family reserves the right at any time to terminate, temporarily or permanently, the acceptance of some or all Submissions made by you, with or without notice, in its sole discretion.

Privacy

Our Privacy Policy which is incorporated into these Terms by this reference, further describes the collection and use of information on this Website.

Your Account

You may need to register a Happy Family account (“Account”) to use certain features of the Website, and you may be required to be logged in to the Account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password. We may contact you via the email address you provide for any issues relating to your Account. It is important that you keep your information current with an accurate email address that you regularly check.

No Medical Advice

The Website is for consumer educational use only. Happy Family is not a medical organization and our staff, employees and/or representatives, including Happy Mama Mentors, cannot give you medical advice or diagnosis. Nothing contained in this Website is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and any information on it does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

Product Descriptions and Prices

Happy Family attempts to be as accurate as possible in its product descriptions and pricing information. However, Happy Family does not warrant that product descriptions, colors, packaging images, prices, or other content on the Website is accurate, complete, reliable, current, or error-free. Prices and availability are subject to change without notice. Unless otherwise noted, prices for items ordered on the site do not include shipping costs or applicable taxes. Prices for products available at other retailers may vary from the prices listed on the Website.

Online Orders

Online orders for shipment within the United States may be placed through the Website. We are unable to ship outside of the United States, or to Puerto Rico, Guam, the U.S. Virgin Islands, P.O. Boxes or to Military APO/FPO addresses at this time.

Happy Family sells products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. If there is no other payment method available to us, we may cancel your order.

Quantities are limited, and in some cases we may be unable to fulfill your order. If we are unable to fulfill an order after it is placed, please allow five to ten business days to receive a refund.

Orders may arrive in multiple shipments. Please allow at least five to ten business days to receive your product. Happy Family aims for you to receive your order as soon as possible, but we do not guarantee shipping times. All purchases of physical items from Happy Family are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. However, if you have any problem with your order, including delivery, please contact us to see if we can assist.

Return Policy

As part of our Happy Family, we want you to be 100% satisfied with your purchase and will help you if you are not! We are committed to offering the best value and experience to our Happy Customers. Every return or issue is carefully handled by one of our customer service team members to ensure our customers are happy with the outcome!

For Happy Bundles and Happy Store purchases, we will refund or exchange all products that are not up to our customer’s standards, subject to the below details. Please reach out to shop@happyfamilybrands.com for all refund/exchange inquiries. You can expect a response within 3-5 business days but will do our best to respond to you sooner!

In the unlikely event that the product was damaged or spoiled during transit or delivered after the expiration date, Happy Family will be happy to refund such items, including the amount you paid shipping. If you’d like a replacement product, please place a new order.

For returns for any other reason, Happy Family Brands will accept returns of unopened product within 30 days of receiving your product. We will credit the amount paid for the returned product, but the refund will not include any shipping and handling costs/fees related to the original purchase or the return.

All refunds will be credited to the Payment Method you used to make the original purchase. Please note, Happy Family Brands does not control when a specific credit card or payment method company processes a chargeback transaction. To find out the average amount of time it takes for the charge to appear and if you have any questions regarding the status of the chargeback, please contact your Payment Method company.

For product exchanges, Happy Family will exchange your unopened product within 30 days of delivery. Please note, Happy Family will not be responsible for the shipping and handling costs/fees related to any exchange. To make sure that you are satisfied with the product you receive, please inspect the contents as soon as your order arrives and contact us at shop@happyfamilybrands.com.

Happy Family retains the right to not provide a refund or exchange for a request that is received by Happy Family Brands more than 30 days after the date of delivery. We also do not provide a refund or exchange for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. Please reach out to shop@happyfamilybrands.com for all refund/exchange inquiries. This policy applies to purchase from our website; for returns and purchases of our products made at any other retailer, please consult the return and exchange policy at that retailer.

Happy Bundles

The Happy Bundles program is a subscription program that provides convenient monthly deliveries of Happy Family products, based on the due date, birthday, or other preferences you input when enrolling in the program. To enroll, you must create an Account with a valid email address and payment method. By enrolling in the Happy Bundles program, you authorize an automatic, recurring charge to your chosen method of payment each month. After enrolling, you will receive your first Happy Bundle 5-10 business days after your purchase. For the recurring bundles, you will receive your bundle 5-7 business days after your credit card is processed each month. We cannot guarantee delivery on any specific day.

You may cancel or pause your subscription at any time, as long as we receive your request before the next credit card processing date. Please view your options at your Account page. If your card has been charged and you wish to pause or cancel, please contact us at shop@happyfamilybrands.com and we will make our best efforts to process this request before your Bundle is shipped, although we cannot guarantee that this will be possible.

If any problems arise with your Happy Bundle, or with the shipping address or payment method associated with your order, and Happy Family is unable to resolve the problem, we may notify you via e-mail using the address associated with Account. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your Happy Bundle that Happy Family cannot resolve, your order may be cancelled and any future Happy Bundle delivery may not be processed until the problem has been resolved.

The price of your Happy Bundle each month will be the total price indicated upon your enrollment in the subscription, except in limited circumstances. If the amount charged for your Bundle will change for any reason, we will provide at least 45 days’ notice to you by email and provide you with an opportunity to pause or cancel your subscription.

Sweepstakes and Contests

Any sweepstakes, contests, games and/or promotional offers accessible on this Website are governed by the official rules, specific rules and/or terms and conditions for the applicable sweepstake, contest, game or promotional offer. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of any such conflict.

Disputes Between Users

You understand and agree that you are solely responsible for your interactions with other users on this Website. Happy Family is not responsible to monitor disputes between you and other Website users and is not liable for any loss or damage you may incur resulting from any interaction with other Website users. As a result of any such dispute or interaction in violation of these Terms, Happy Family may choose, in its sole discretion, to terminate your access to the Website.

Links to Other Sites and Content

The Website may contain links to other websites operated by other companies. Happy Family does not endorse, monitor or have any control over such websites. Happy Family is not responsible for the content or policies of such third-party websites and you understand and agree that you access such websites at your own risk.

Limitation of Liability and Disclaimers

The contents on this Website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Happy Family does not warrant or represent that this Website will be error free or that access to it will be uninterrupted. Happy Family expressly disclaims any duty to update or revise the materials on the Website, although Happy Family may modify the materials on the Website at any time without notice. Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. Happy Family shall not be liable for any damages of any kind, including but not limited to direct, special, indirect, or consequential damages such as lost profits or data, related to your use of the Website.

Indemnification

You agree to indemnify and hold Happy Family, our parent and affiliates, and each of our respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities and/or damages (including attorneys’ fees and court costs) arising out of: (i) your use of the Website; (ii) your breach or alleged breach of these Terms; (iii) your use of any third-party Submission; (iv) any Submission posted by you; or (v) your alleged violation of the rights of any third party, including but not limited to claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right.

Severability

If any provision in the Terms is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule or law, such provision shall be deemed reformed or deleted by only to the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Terms shall remain in full force and effect.

Governing Law

This Website is based in the State of New York, United States of America. The content of this Website is solely for the purpose of promoting our products and/or programs available in the United States (including its territories). We make no representation that the content of our Website is appropriate or available for use in other countries or locations. If you access the Website from locations other than the United States, you are responsible for compliance with any applicable local laws. These Terms are governed and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms, with the exception of arbitration, shall be an appropriate state or federal court located in the State of New York.

Other Terms

Happy Family reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in its sole discretion.