THESE ARE THE TERMS AND CONDITIONS BETWEEN LITTLE KIDS BUSINESS AND THE PARENTS/GUARDIANS OF BRAND REPS WISHING TO BE LISTED ON THE LITTLE KIDS BUSINESS MARKETPLACE
Thank you for your interest in applying to become a Brand Rep 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. When a Brand contacts you ( The Brand Rep ) as a direct result of your Little Kids Business Brand Reps Listing, this is now an independent conversation and agreement between You (The Brand Rep and the Brand)
Little Kids Business facilitates the promotion of Brand Reps to the Brands who sell through the Little Kids Business Marketplace 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 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 from a Brand via the Little Kids Business Marketplace an agreement is formed between You and the Brand. This means that the Brand has rights directly and only against You and not against Little Kids Business.
LITTLE KIDS BUSINESS IS NOT RESPONSIBLE FOR ANY CONTRACTS MADE BETWEEN THE BRANDS AND TE BRAND REPS
We encourage you to enter into a legally binding contract with the Brand/ Brand Rep
BY AGREEING TO LIST ON THE BRAND REP DIRECTORY IT IS UNDERSTOOD THAT WE WILL NOT SHOW CHILDREN WHO ARE
- Not clothed, baring any nudity.
- Displayed in a way that would enable them to be easily identified – for example, in a school uniform, directly outside their house with a number or street sign showing, or showing their full name.
By applying to the Little Kids Business Brand Reps Directory you must be the Childs parental/guardian and give consent via a tick box.
If we decline your application we ask that you politely accept our decision. Any feedback given will not pertain to the physical appearance of your child, merely the quality or style of the photography.
WE WILL ONLY SHOWCASE PHOTOS ALREADY ON DISPLAY THROUGH YOUR PERSONAL INSTAGRAM ACCOUNT
You must have a Public Instagram account/profile with the photos which you wish to publish on the Little Kids Business Directory currently available to be seen by the public on your Instagram account/profile. If at any time these photos are removed, you must immediately notify Little Kids Business.
If at any time your Instagram account is closed you must also notify Little Kids Business and we reserve the right to remove your Brand Rep Directory listing.
WE ARE COMMITTED TO CHILD SAFETY
In our Statement of Commitment to Child Safety, Little Kids Business Management would like you to know that we have zero tolerance for child abuse and we actively work to listen to and empower children. We are committed to promoting cultural safety for Aboriginal children, cultural safety for children from culturally and/or linguistically diverse backgrounds, and do not discriminate against children with a disability.
There are laws that protect the identity (e.g., names and images) of children and young people involved in child protection, family court, or criminal proceedings and you must disclose if your child is in this situation and accept that we will decline your application.
Little Kids Business Management chooses to represent only children aged between 3 Months and 14 years. If your child is not within this age group you must disclose the correct age of the child that you are a Parent/Guardian of whom you have registered to be seen in the Little Kids Business Directory.
BY ENTERING THIS AGREEMENT YOU AGREE TO SHARE ONLY PHOTOS THAT YOU HAVE TAKEN OR HAVE THE RIGHT TO SHARE
As always, you own the content you post on the Little Kids Business Brand Reps Directory. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post. Learn more about intellectual property rights.
Under some laws copyright in a photograph is the property of the person who presses the shutter on the camera — not the person who owns the camera, and not even the person in the photo, so if you did not take the photo that you wish to upload we ask that you seek permission from the person who took the photo. If you have any concerns as to whether you have permission to post a photo, please do not post it on the Little Kids Business Brand Rep Directory. If we are contacted by someone claiming to have taken a photo that is published, stating that we do not have permission to showcase this photo. The photo in question will immediately be removed from the Directory and the Parent/ Guardian of this listing will be contacted.
BY ENTERING THIS AGREEMENT WE REQUEST THE FOLLOWING FROM YOU
The Brand Rep hereby undertakes:
- To establish and maintain access to the internet at their own cost, through the use of a computer and modem or another 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 Brand Rep also agrees and acknowledges that:
- Little Kids Business has no responsibility to provide support and maintenance of any of the Brand Reps hardware or software used to provide the Brand Rep 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 Brand Reps 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 Brand Rep 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 Brand Reps Directory listing on the Little Kids Business Marketplace and information on it, including positioning, content, and location;
- When the Brand Reps listing 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 Brand Rep 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 Listing page presentation may result in the de-activation of the Brand Rep listing from the Little Kids Business Marketplace until such times as the standards have been improved in the opinion of Little Kids Business.
An Annual Joining Fee per Brand Rep is payable by the Brand Rep to Little Kids Business at the time of setting up the Brand Rep listing. This Joining Fee may be waived by Little Kids Business at any time at our own discretion.
The Brand Rep agrees that if this fee is not paid Little Kids Business have the right to refrain from switching on the Brand Reps Directory listing in the Little Kids Business Marketplace.
The Joining Fee is non-refundable and will only ever be charged once per year.
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).
No, the Little Kids Business Brand Rep Directory is merely an avenue of introduction. If no Brands choose to contact you then this is in no way a reflection of the Directory service provided by Little Kids Business. At all times we will uphold our obligations to you as stated with the listing category you have chosen.
If no Brands choose to contact you then this is in no way a reflection of the Directory service provided by Little Kids Business. At all times we will uphold our obligations to you as stated with the listing category you have chosen.
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 Brand Rep to bear the costs of any promotion or marketing activities, the Brand Rep shall inform Little Kids Business in writing whether or not it wishes to participate in the relevant marketing and promotion.
The Brand Rep 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 Brand Rep’s Photos in order to increase exposure to Kids Brands. If the Creator does not own the photograph and we are not permitted to use it, we ask that it is not supplied to Little Kids Business.
USE OF LITTLE KIDS BUSINESS INTERNAL MARKETPLACE INFORMATION
The Brand Rep 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 Brand Rep 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.
The Brand Rep will conduct itself at all times in its relations with Little Kids Business and Little Kids Business’ staff, Customers and other Brands 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 terminate this agreement in the event of any breach by the Brand Rep of this clause.
The Brand Rep will maintain at all times, at its own expense and with reputable insurers appropriate insurance in relation to its business.
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 Brand Rep 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 Brand Rep 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 promoting the Services.
The content management system and any and all software and/or documentation provided by Little Kids Business to the Brand Rep will remain the absolute property of Little Kids Business.
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:
- The Brand Rep fails to pay any Charges payable to Little Kids Business within seven Working Days of its due date for payment; or
- The Brand Rep changes their Directory listing photos and thy no longer comply with our Curation Policy.
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.
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 Brand Rep 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 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:
“Brand Ambassador” A Brand ambassador is someone who presents a company Brand to a larger audience. These people have many Instagram followers and promote the Brand on their photos through hashtags. Naturally, this kind of Brand advocacy helps attract more followers on the company’s own profile, and they then convert those people to customers.
“Brand Rep” Brand reps (representatives) are people that may receive free or discounted products in exchange for them taking pictures and posting them on their Instagram account. These people have many Instagram followers and promote the Brand on photos through hashtags. Naturally, this kind of Brand advocacy helps attract more followers on the company’s own profile, and they then convert those people to customers.
“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 a 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, trademark, design, patents, confidential information howsoever it may be recorded, stored or embodied (including in an electronic or transient medium).
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: 12 March 2019