CREATORS TERMS AND CONDITIONS

THESE ARE THE TERMS AND CONDITIONS

BETWEEN LITTLE KIDS BUSINESS AND SMALL BUSINESSES WISHING TO SELL THROUGH THE LITTLE KIDS BUSINESS MARKETPLACE

Thank you for your interest in selling your Creation on the Little Kids Business Marketplace.

It is very important that you read and understand these terms and conditions before entering into an agreement with Little Kids Business Pty Ltd (Little Kids Business, Us, or We).

Little Kids Business operates a website platform which facilitates sales of products for small businesses. When an order is placed through Little Kids Business, customers are placing an order with the Creator or Importer of the Product (the Creators or You) and not with Little Kids Business.

Little Kids Business facilitates the negotiation of the sale of the Creators products (the Products) between purchasers of the Products (the Customers) and Creators through the use of the Little Kids Business Marketplace and Little K’Mail an email newsletter, both operated and managed by Little Kids Business (the Services).

These terms and conditions apply between You and Little Kids Business in connection with the provisions of the Services by Us to You.

Terms and conditions will commence to apply once Little Kids Business has received a completed Application form from (the Application) and We advise You of our acceptance in writing of the Application (Commencement).

It shall be at the absolute discretion of Little Kids Business to accept, approve or disprove an Application. In the case where we feel you are not the right fit for us We are happy to give You a reason and We ask You to be polite, understanding and respectful.

When You accept an email confirmation of a Customer Order an agreement is formed between You and the Customer. This means that the Customer has rights directly and only against You as the Creator and not against Little Kids Business.

We are happy to provide you with the following SERVICES

The Little Kids Business Marketplace provides a platform to allow You and other creators to offer for sale Products directly to Customers. Our Services includes:

  • Operating, managing and maintaining the Little Kids Business Marketplace and Little K’Mail email newsletter;
  • Providing a CMS to each Creator so that they may manage a Creator Storefront and associated transactions on the Little Kids Business Marketplace;
  • Facilitating placement of orders for Product advertised on the Little Kids Business Marketplace by the Creator;
  • Notifying the Creator of orders placed for their Product;
  • Managing the Returns and Refunds Procedures.

You authorise Us to communicate with potential customers via the Little Kids Business Marketplace and Little K’Mail to bring about a Customer Order for Your Product.

Following Commencement of this agreement, Little Kids Business will:

  • Provide a password so that You may set up a Storefront within the Little Kids Business Marketplace;
  • Provide the Services in an accurate, friendly and professional manner; and
  • Do our very best to act quickly to try to restore any faults in the Little Kids Business Marketplace and the Content Management System. You acknowledge that at times there may be instances outside the control of Little Kids Business.

By entering into this agreement with Us You acknowledge that it may be technically impossible to provide the Services entirely free of fault at all times.

As part of providing the Services, We wish to make it clear that:

  • Any contract to sell and buy Products is made only between the Creator and Customer.
  • Products offered for sale through the Little Kids Business Marketplace are not owned nor do they come into the possession of Little Kids Business at any time.

CUSTOMER FEEDBACK

The Little Kids Business Marketplace provides a system of Customer Feedback, which may be obtained and/or facilitated by a third party service provider selected by Little Kids Business.

By using the Little Kids Business Marketplace and Services, the Creator agrees that:

  • Little Kids Business and/or the Third Party may, in its discretion, post feedback on the Creators relevant Product Page;
  • The Creator will ensure that any information is true and accurate and does not contain any material that may be construed as offensive, defamatory or unlawful;
  • Little Kids Business may choose not to post, any response that Little Kids Business and/or the Third Party consider, in their sole discretion, to be offensive, defamatory, unlawful or otherwise inappropriate. We will discuss this feedback with you however it will not be made live on the Little Kids Business Marketplace.

BY ENTERING THIS AGREEMENT WE REQUEST THE FOLLOWING FROM YOU

The Creator hereby undertakes:

  • To establish and maintain access to the internet at their own cost, through use of a computer and modem or other access device;
  • To ensure that information supplied electronically to Little Kids Business and to the Little Kids Business Marketplace is submitted free from viruses.

The Creator also agrees and acknowledges that:

  • Little Kids Business has no responsibility to provide support and maintenance of any of the Creators hardware or software used to provide the Creator with access to the internet or the Little Kids Business Marketplace.
  • It shall ensure that the content management system (CMS) and its content remains confidential, and that no other person outside of the Creators employ has access to this information.
  • Little Kids Business reserves the right to suspend access to the CMS if at any time Little Kids Business considers that there is or is likely to be a breach of security.

In the event of suspension of access, Little Kids Business will notify the Creator of the suspension in writing and via phone.

LITTLE KIDS BUSINESS  Determines

Little Kids Business has the freedom in its discretion to determine:

  • The look, feel and content of the Little Kids Business Marketplace;
  • The presentation of Creators Storefronts on the Little Kids Business Marketplace and information on it, including positioning, content, and location;
  • When the Storefronts can be turned on and viewed; and
  • Remove any Product from the Little Kids Business Marketplace if there is a breach of any of the other terms and conditions of this agreement.

The Creator will comply with any directions from Little Kids Business if they decide to refresh our look and feel of the Little Kids Business Marketplace at any time.

Any failure to maintain suitably high standards of Product Page presentation may result in the de-activation of the Product from the Little Kids Business Marketplace or the de-activation of the Creators Storefront until such times as the standards have been improved in the opinion of Little Kids Business.

YOU AND YOUR PRODUCTS

The Creator is expected to be truthful at all times in its dealings with Us and Customers.

We will be forced to deactivate Your store if the information You have provided to Us is:

  • False, inaccurate, misleading, offensive, pornographic, abusive or defamatory;
  • In breach of any applicable law;
  • Likely to adversely affect the reputation of Little Kids Business or other Creators;
  • Likely to or does contain any Virus or cause the Little Kids Business Marketplace’s functionality to be interrupted, damaged or impaired in any way.

GIFT CARD SERVICES

These Terms and Conditions specifically refer to services accessed via the Little Kids Business website.

A Service Voucher from Little Kids Business this is a non-refundable item unless in the event that the customer contacts you ( the Creator ) and you choose to allow a refund.

If the Little Kids Business Gift Voucher is subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them.

  1. The voucher is still valid and has not yet been exchanged or used.
  2. Proof of purchase has been provided : either as an order number, purchaser’s full name or email address.
  3. Little Kids Business is able to correctly verify the person seeking a new voucher as the original recipient.

Please note is it the  voucher recipient’s responsibility to obtain the Little Kids Business Gift Voucher with all of the required verification. Failure to do so will mean that no replacement voucher can be issued.

Little Kids Business Vouchers must be booked and used within 12 months of purchase. Once a voucher has expired Little Kids Business is under no obligation to offer an extension, however, in exceptional circumstances, we assess such requests as a case by case basis in conversation with you ( the Service provider )

  • Gift Vouchers are sold by Little Kids Business as an agent for the businesses that provide lifestyle services
  • Little Kids Business is not a provider of such services or experiences
  • The service provider provides the service directly with customers.
  • Little Kids Business makes no warranty or representation regarding the standard of the service being provided.
  • All Little Kids Business vouchers are issued subject to the terms and conditions of the service provider and these terms and conditions.

LITTLE KIDS BUSINESS LIABILITY

Little Kids Business has:

  • No liability for any act,omission, or default, whether negligent or otherwise of any experience provider or third party.
  • No liability for loss or damage occasioned by any negligent act or commission by any experience provider or third party.
  • Where Little Kids Business liability cannot be excluded, such liability is limited to the value of the Gift Voucher purchased.

PERSONALISED ITEMS

In the case where a Product is a personalised Product, the Creator will:

  • State clearly that a Product is a personalised item and advise delivery times with accuracy; and
  • Clearly communicate that this order cannot be cancelled or returned (Uncancellable).

PRODUCT MUST BE IN STOCK

The Creator is required to accurately display stock availability for all Products.

If the Creator is out of stock of a particular Product, then the Creator must place their store on holiday mode. If there is no stock for a particular Product for a period longer than 8 weeks then Little Kids Business reserves the right to remove that item completely from the Little Kids Business Creators Storefront and cease business dealings in relation to that Product.

If a Customer places an order for a Product that is out of stock and which is showing as available, the Customer will receive a refund and the Creator will be charged a $5 Office Administration Fee.

PRICING YOUR PRODUCTS

The Creator must advertise their Product at the recommended retail price plus the fee for normal postage. Express post is an option incurring a higher charge. To calculate the express post charge You must minus the standard shipping charge and only advertise the difference between these two prices as your express post price.

The Creator understands that Little Kids Business does not agree to the inflation of prices to support ‘phoney discounts’ or non-genuine pricing and will not display over inflated prices on the Little Kids Business Marketplace.

The Creator is required to gift wrap Products ( if they have offered this service ) for the set amount of $3 per item and all Products so wrapped must be presented beautifully.

The Creator will ensure that a single Product may appear only once on the Creators Storefront. Variations of a Product such as colour or size do not constitute separate products and will not be accepted.

The Creator will not make use of keyword spamming to try and rank higher on google.

WHAT YOU MUST DO WHEN YOU RECEIVE AN ORDER NOTIFICATION

You agree as the Creator with a Storefront on the Little Kids Business Marketplace to check daily for alerts of new Product Orders to ensure they are processed by You.

Little Kids Business will email to You a notification that a Product Order has been placed by a Customer. Following receipt of such notification, the Creator will, within a maximum of two  Working Days, and as a matter of best practice within twenty-four hours of receipt of the notification, confirm its acceptance or rejection of each and every order using the CMS, and provide an estimated dispatch date. The Creator shall use its best endeavours to accept every order.

The Creator will through the Little Kids Business Marketplace notify the Customer promptly of:

  1. Receipt of Product Order notification;
  1. Dispatch the Order with an expected delivery date.

The Creator will also answer any enquiries relating to the Product Order promptly.

The Creator will include all orders with the appropriate Little Kids Business co-branded dispatch letter and such additional documentation or material as may be required and/or provided by Little Kids Business.

In the event that orders are regularly late to dispatch, Little Kids Business reserves the right to remove the Product for sale from the Little Kids Business Marketplace and cease a business relationship with the Creator including termination of this agreement.

COMMUNICATING WITH CUSTOMERS

The Creator will communicate with Customers through the CMS and ensure that any and all correspondence with any Customer:

  1. Presents as its professional best;
  1. Will be solely for the purposes of processing and/or progressing a Customer Order; and
  1. Will not include any reference to the Creators own website, email address, other correspondence address or any other promotion of services outside those offered through or by Little Kids Business.

The Creator shall respond to any Customer enquiries or Customer complaints promptly and courteously in the first instance within one Working Day and will advise Little Kids Business of any escalated unresolved Customer enquiries as soon as reasonably practicable.

RETURNS AND REFUNDS –  only 2% of total sales are cancelled/returned

The Creator shall ensure that returns and refunds to the Customer will be processed in accordance with the following terms and conditions.

After receiving a request for a refund or return by a Customer the Creator will initiate the refund in accordance with the Returns & Refunds Procedures, as displayed on the Little Kids Business Marketplace.

Subject to the terms of the Returns & Refunds Procedures, Little Kids Business will approve the refund request and the Single Fee Commission retained in respect of the refunded Products will be returned to the Creator by Little Kids Business. Little Kids Business will provide Customers a full refund, including delivery charges within 30 days of receipt.

The Creator must not at any time issue refunds by cheque or other means.

The Customer may not cancel, return or obtain a refund in relation to Non-Cancelable items unless such Product is faulty.

For a Product purchased from a gift registry list by a Customer, the recipient of such Cancellable Product will have a maximum period of 56 days following the date of purchase of the Product to return them to the Creator for a refund or replacement. The return must be initiated by the Customer who has purchased the Product and not the person who has set up the gift registry.

Little Kids Business will cover the cost to return an item that is refunded in the event that it is faulty however if the Customer advises an incorrect address or a courier is unable to deliver due to no fault of their own, the Customer will pay to have the Product resent.

Where the Customer has chosen to cancel an order prior dispatch Little Kids Business shall refund the Creator the Single Commission Fee.

If a Customer rejects a Product because it is faulty, the Creator shall follow the relevant provisions of the ‘Returns and Refunds Procedure’.

The Creator shall advise an address to which a Customer may return a Cancellable Product.

USE OF LITTLE KIDS BUSINESS INTERNAL MARKETPLACE INFORMATION

The Creator will not:

  • Use Little Kids Business Website beyond the scope of use set out in this agreement; or
  • Access the CMS unlawfully, modify or make derivative works based on the CMS nor attempt to reverse engineer or access the CMS with the intention of creating a competitive product or service nor to copy or build any concepts, features, functions or graphics based on the CMS.

The Creator acknowledges that damages may not provide an adequate remedy for breach of this clause and that Little Kids Business will be entitled to seek injunctive relief to prevent the occurrence or continuance of any alleged breach of this clause.

BEHAVIOUR

The Creator will conduct itself at all times in its relations with Little Kids Business and Little Kids Business’ staff, Customers and other Creators in accordance with a  principle of respect and mutual cooperation.

In no circumstances will any impolite or abusive communications via any channel be tolerated and Little Kids Business reserves the right to immediately suspend a Creators’ Storefront and/or terminate this agreement in the event of any breach by the Creator of this clause.

MARKETING AND PROMOTIONS

Little Kids Business will undertake marketing and promotional activities from time to time at its own discretion.

Where Little Kids Business requires the Creator to bear the costs of any promotion or marketing activities, the Creator shall inform Little Kids Business in writing whether or not it wishes to participate in the relevant marketing and promotion.

The Creator shall otherwise, permit, comply and co-operate with all activities undertaken by Little Kids Business to promote, sell or market the Creators Products.

Little Kids Business will use any photography supplied in our Marketing of the Creator’s product in order to increase sales. If the Creator does not own the photograph and we are not permitted to use it, we ask that it is not supplied to use for Marketing and Promotional purposes.

CHARGES PAYABLE

For each sale of Product by the Creator, a Single Commission Fee is calculated as a percentage of the value of a Product, including the delivery charges applying to that Product is payable as set out below.

The Refund Fee referred to in this agreement is the total sum paid for the Product, including the amount of the Single Fee Commission if an item is returned by a Customer for a Refund.

The Currency Conversion Fee will differ per currency and is the fee charged by an overseas merchant to convert transactions into dollars (or whatever your currency is).

HOW DO WE PAY YOU

Payment for Product(s) will be made directly by a Customer to Little Kids Business following the Creator confirming its acceptance of an order to Little Kids Business.

Little Kids Business shall pay the Creator for the relevant transaction less the Single Commission Fee on the 20th of the month following the sale of the Product.

Unless otherwise agreed by Little Kids Business and the Creator, any payments made to the Creator will be in the domestic currency of the region where the Creators bank account nominated to receive such payments is held and which may also be subject to the Currency Conversion Fee.

If a Customer has contacted the Creator regarding a refund and Little Kids Business has approved a refund, We may retain a portion of the payment due to the Creator in order to provide for the refund.

The Creator shall provide their banking details in order that payment may be processed to the Creator in respect of any Products sold. The Creator is responsible for ensuring the banking details are kept up-to-date and will notify Little Kids Business immediately of any changes. The Creator shall be responsible for paying any banking charges or other administrative expenses incurred by Little Kids Business as a result of any inaccuracies in any such information.

Disputes and Chargebacks

Disputes are an unfortunate aspect of accepting payments online and the best way to manage them is to prevent them from happening at all. Our dispute and fraud prevention strategy uses a number of methods that are best suited for our business while keeping any customer burden—and losses—to a minimum.

The good thing is that chargeback account for less than 1% of total sales 

Many chargebacks occur when a customer does not recognise the sale on their credit card statement so in order to assist ourselves not receiving chargebacks, for this reason, we will show on a customers credit card statement as Little Kids Business.

PayPal Seller Protection safeguards merchants against losing money to chargebacks and reversals related to “Unauthorized Transaction” or “Item Not Received” claims. We are aware that to be eligible for coverage, a transaction must meet a number of basic requirements, as well as conditions for the specific type of claim.

Stripe uses Radar, a  fraud prevention toolset, which is built directly into the payment flow and combines a customisable rules engine with powerful machine learning algorithms. This process detects patterns across payments processed with Stripe, assessing the risk level of each. Some disputes are lost because only the minimum information was required during checkout and this is why we ask for information such as:

  • Customer name, Customer email address, CVC number, Full billing address and postal code, Shipping address (if different from billing address)

Stripe provides the CVC, postal code, and billing street address for them to verify. The card issuer checks this against the information they have on file for the cardholder. If the provided information doesn’t match, the Stripe the verification check fails.

AfterPay has no chargebacks. An order accepted by AfterPay is always paid to us.

If in the unfortunate event that there is a chargeback through anyone and we lose the dispute Little Kids Business with divide the total out of pocket cost by 2 and together we share 50% of the expense. 

When shipping physical goods to customers, we ask that you use carriers and services that provide online tracking and delivery confirmation whenever possible. We have formed priority arrangements with both Sendle and Shippit to assist with this. We also ask that you provide this information to your customers as soon as it’s available.

COMMUNICATION WITH OUR CUSTOMERS

At all time you are required to communicate with our customer solely through the note portal. If the customer has placed an order and has an account the notes will be displayed to them. There are legal ramifications of conversing privately especially if there should be a disagreement. At all times we require conversations regarding an order in the system so that the Little Kids Business office staff can access these at all times.

UPHOLDING THE LAW

The Creator shall comply at all times with all applicable laws and regulations including:

  • Product safety laws and regulations:
  • Trading Standards requirements in respect of the manufacture, packaging, marking, and certification.

The Creator shall comply with Little Kids Business’s’ reasonable instructions relating to any product recall and in any event Little Kids Business reserves the right to remove a recalled item from the Little Kids Business Marketplace.

INSURANCE REQUIREMENTS

The Creator will maintain at all times, at its own expense and with reputable insurers appropriate insurance in relation to its business.

CONFIDENTIAL INFORMATION

Neither You or Us may, without the prior written consent of the other, use or disclose the others Confidential Information unless expressly permitted by this agreement or required by law or any regulatory authority to do so.

We may use Your Confidential Information for the purposes of complying with Our obligations and exercising Our rights under this agreement.

We may disclose the Confidential Information to Our personnel or advisers to the extent necessary for them to know the information for the purposes related to this agreement.

You must each implement and maintain effective security measures to prevent unauthorised use and disclosure of Our Confidential Information whilst it is in Your possession or control.

You must return, or at Our option destroy, all Confidential Information in Your possession or control, on the earlier of Our request or on termination of this agreement for any reason.

INTELLECTUAL PROPERTY RIGHTS

The Creator acknowledges that the Intellectual Property Rights (IPR) in the Little Kids Business name, logo or branding are owned entirely by Little Kids Business, and agrees that it may only use the Little Kids Business name, logo or branding on any promotional material or packaging with the prior written consent of Little Kids Business.

Little Kids Business hereby grants to the Creator a non-exclusive, non-transferable revocable and limited licence for the duration of this agreement to use the CMS and any software or documentation comprising it for the sole purpose of receiving the Services.

The content management system and any and all software and/or documentation provided by Little Kids Business to the Creator will remain the absolute property of Little Kids Business.

TERMINATION

Termination of this agreement will not affect any accrued rights or liabilities of either party.

Certain circumstances may force Us to immediately terminate our business relationship with You, including:

  1. The Creator fails to pay any Charges payable to Little Kids Business within seven Working Days of its due date for payment; or
  1. The Creator is the subject of a bankruptcy order, becomes insolvent, makes any arrangement with creditors or goes into voluntary/compulsory liquidation.

INDEMNITY

You will indemnify and hold US harmless against all costs (including legal costs), expenses, damages, accounts or other losses or liability, including those from any actions, suits, proceedings, claims or demands made against or suffered by Us in connection with the provision of the Services and any failure by You to meet Your responsibilities described in this agreement. This includes any and all claims made against Us by Customers or by any third party alleging that Your Product infringes any Intellectual Property Rights or Moral Rights or any person or otherwise breaches any law.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, We:

  • Exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
  • Exclude all liability in respect of loss of data, interruption to business (including without limitation caused by our website being non-operational for periods of time) or any consequential or incidental damages arising out of or in respect of a provision of the Services or the performance of our Website and systems.

This agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, We limit its liability in respect to any claim to, at our option, in the case of the Services to supply of the Services again; or the payment of the cost of having the Services supplied again.

GENERAL

Nothing in this agreement constitutes Us as an employee, partner, joint venture partner or agent of You.

You may not assign any rights or benefits under this agreement without Your prior written consent.

This agreement is the entire agreement and understanding between You and Us on everything connected with the subject matter of this agreement and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.

An amendment or variation to this agreement is not effective unless it is in writing and signed by all the parties, except that Little Kids Business has the right to amend these terms and conditions and will notify You of any changes by posting the amended version on the Little Kids Business Marketplace in the terms and conditions section. The Creator acknowledges that it is their responsibility to check the Little Kids Business Marketplace to stay informed of any change. If Little Kids Business deems the change to be significant then Little Kids Business will include the clause altered/added in an internal communication between Little Kids Business and You.

Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force.

Upon Request, The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Little Kids Business Terms of Service available in another language, the most current English version of the Terms of Service will prevail.

MEANINGS –  the following words will have the following meanings:

“Customer” means a person(s) who enter into a transaction to purchases Product(s) from the Creator through the Little Kids Business marketplace.

“Creator “ refers to the people who Create the item for sale or import the item to sell on the www.littlekidsbusiness.com.au.

“Creator Information” refers to information, data or content provided by the Creator in any form or medium, whether or not such information is owned by the Creator, contained in the Application Form, uploaded to their Storefront.

“Little Kids Business Website/Marketplace refers to the following URL http://www.littlekidsbusiness.com.au.

“Account Management Fee” is the percentage of each sale retained by Little Kids Business.

“Joining Fee” refers to the fee charged by Little Kids Business when a Creator applies to sell through the Little Kids Business Marketplace. This fee is a nonrefundable fee charged per Creator, not per item sold on the Little Kids Business marketplace

“Application Form” means the form available on the Little Kids Business Website to a prospective Creator which must be completed by the prospective Creator as a part of the application process.

“CMS” means the content management system provided by Little Kids Business to each Creator so that they may manage their Storefront and associated transactions. A CMS is the computer application that supports the creation and modification of digital content.

“Currency Conversion Fee” refers to the fee incurred when changing currencies.

“Products” refers to the goods, services or information that Creators wish to promote and sell through the Little Kids Business Marketplace.

“Product Page” refers to the particular web page on the Creators Storefront on which an individual Product is displayed and the relevant information relating to that Product is provided.

“Returns & Refunds Procedures” refers to the procedures set out in the Returns and Refunds section on the Little Kids Business Marketplace.

“Storefront” refers to an area of the Site dedicated for use by the Creator to promote itself and its Products

“Virus” refers to any computer virus designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or network

“Working Day” refers to any day other than a Saturday or Sunday in Australia.

“Confidential Information” refers to any information that is regarded as confidential in relation to the business, customers, clients, suppliers, plans, operations, processes, product information, know-how, designs, trade secrets or software of either party.

“IPR” refers to all the intellectual property rights deemed by the law of any country in relation to any invention, literary work, artistic work, copyright, database, trade mark, design, patents, confidential information howsoever it may be recorded, stored or embodied (including in an electronic or transient medium).

INTERPRETATION

Grammatical forms of defined words or phrases have corresponding meanings.

If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day.

Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

References to a party are intended to bind their executors, administrators and permitted transferees.

References to a person include an individual, company, corporation, firm or partnership.

Words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender.

Last amended: 22th November 2017