By signing up for the Little Mammals service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Little Mammals under the Terms of Service include various products and services to help you create and manage an online portal for small community groups to raise money. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at http://littlemammals.com/content/little-mammals-terms-service . Little Mammals reserves the right to update and change the Terms of Service by posting updates and changes to the Little Mammals website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Little Mammals account (“Account”) by providing your full legal name, a valid email address, and any other information indicated as required. Little Mammals may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Little Mammals will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Little Mammals cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Little Mammals Account (“Site Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Little Mammals will result in an immediate termination of your services.
Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, Little Mammals will create sub domain and site. You will be required to set up, link and maintain a Stripe account in order to receive payments.
You acknowledge that Stripe will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of Australia, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Little Mammals may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Little Mammals website, available at http://littlemammals.com/content/little-mammals-terms-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the Little Mammals website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Little Mammals service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Little Mammals.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Little Mammals or Little Mammals trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to email@example.com.
You understand that your Site Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
Little Mammals does not keep credit card information in database.
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Site Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Little Mammals customer, Little Mammals employee, member, or officer will result in immediate Account termination.
Little Mammals does not pre-screen Site Content and it is in our sole discretion to refuse or remove any Site Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Little Mammals employees and contractors may also be Little Mammals customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Little Mammals retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Little Mammals reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
You expressly understand and agree that Little Mammals shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Little Mammals or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Little Mammals partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Little Mammals does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Little Mammals does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Little Mammals does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
The failure of Little Mammals to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Little Mammals and govern your use of the Service, superseding any prior agreements between you and Little Mammals (including, but not limited to, any prior versions of the Terms of Service).
We do not claim any intellectual property rights over the material you provide to the Little Mammals service. All material you upload remains yours. You can remove your Little Mammals site at any time by deleting your Account.
By uploading Site Content, you agree: (a) to allow other internet users to view your Site Content; (b) to allow Little Mammals to display and store your Site Content; and (c) that Little Mammals can, at any time, review all the Site Content submitted by you to its Service.
You retain ownership over all Site Content that you upload to a Little Mammals site; however, by making your site public, you agree to allow others to view your Site Content. You are responsible for compliance of Site Content with any applicable laws or regulations.
You retain ownership over all content that you submit to a Little Mammals site however, by making your site public, you agree to allow others to view your content.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
A valid credit card is required for payment.
The service will be billed in 30 days / yearly intervals (as per selected plans). When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your Little Mammals administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are not a resident of Australia, and not subject to Australian Goods and Services Tax (GST) in respect of your subscription to or purchase of Little Mammals products and services, you must provide us with a statement by email to firstname.lastname@example.org stating that: (i) you are not a resident of Australia.; (ii) you are not GST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Australia when Little Mammals products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Little Mammals products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Australia, you must advise us immediately by email to email@example.com.
Little Mammals does not provide refunds.
You may cancel your Account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in Little Mammals response.
Upon termination of the Services by either party for any reason:
Little Mammals will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
any outstanding balance owed to Little Mammals for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your site website will be taken offline.
If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Little Mammals Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Little Mammals may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Prices for using the Services are subject to change upon 30 days notice from Little Mammals. Such notice may be provided at any time by posting the changes to the Little Mammals Site (http://littlemammals.com) or the administration menu of your Little Mammals site via an announcement.
Little Mammals reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Little Mammals shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.