Terms and conditions
These Terms of Use (‘Terms’) apply to all Subscribers to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for the subscription, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time.
DEFINITIONS
“Services” means our monthly project gift boxes delivery service for children.
“Subscriber” means a subscriber to the Services on this website.
“the website” means ourlittlefoxes.com.
“We”, “our” and “us” means ourlittlefoxes.com, which includes its directors, employees, contractors and affiliates.
“You” means the Subscriber to our services and by doing so, agree to these Terms.
SUBSCRIPTIONS
You must register and pay your subscription fee in advance in order to sign up to our website Services for both yourself and any child you may wish to register as a recipient of our Services as well as to receive our newsletters, information and any associated services. You need to first fill in your registration details that are required in the online form to gain access as well as pay the annual subscription fee in advance or alternatively provide payment details for the monthly plan.
By providing your credit card details, you authorise us and agree to the monthly subscription fee being automatically deducted from your credit card or other nominated payment method at the beginning of each month unless you or we cancel the subscription in accordance with the below Cancellation terms.
AGREEMENT FOR SUBSCRIPTION SERVICES
To be eligible to subscribe to our website Services, you acknowledge and agree to the following:
• You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
• You are 18 years of age or older to be eligible to subscribe to our Services;
• You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
• We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information; and
• We are providing you (or the child you have nominated to receive our project boxes) with products that may be dangerous if ingested, misused, could cause accidental injury or are otherwise able to cause damage. You agree to abide by our recommendation to ensure children using the Services will be supervised at all times.
GENERAL PRODUCT DISCLAIMER
Warning: Some of the project boxes contain small parts that are a choking hazard or may be toxic if ingested. Our project boxes specify the appropriate age groups for use and enjoyment but children should always be supervised by an adult, parent or guardian while using or playing with the products contained in the project boxes.
You acknowledge and agree that the products are not designed, manufactured or intended for use by small children under 2 years of age and all children, irrespective of age, should be supervised when doing any projects or using the products contained in the project boxes.
Ourlittlefoxes.com, including its employees, directors, contractors and all third party affiliates shall not be liable to you or any third party, directly or indirectly for any loss, liability, injury, damage, death or any claim which may arise from use of our products or Services.
CANCELLATION, REFUND AND TERMINATION
TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription You must cancel in writing by notifying us at [email protected]
If you have purchased the annual subscription and wish to cancel, any refund will be calculated on a prorata refund at the monthly subscription fee rate and not the annual subscription fee rate.
If you have purchased a monthly subscription, we require a minimum of 7 days notice in writing prior to the monthly payment date (21st of each month) to ensure you are not charged for the next month. If we do not receive your cancellation notice 7 days prior to the next monthly payment date, you will be charged an extra month fee.
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.
SHIPPING AND RETURN POLICY
Products will be shipped in accordance with the shipping method you have chosen. Any delivery dates provided by us are estimates only. You need to check directly with the courier or postal service you have chosen for your order.
Returns are made in accordance with Australian Consumer Law(‘ACL’). If your project box is damaged, faulty, or otherwise does not function as we have advertised, please contact us to discuss how we may assist you to return the product and we will provide a replacement or refund at our discretion and refund any shipping costs. We do not, however, provide refunds for change of mind or products that have been opened, used, or damaged by you.
LIABILITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any of the items and products contained in our project boxes. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
Certain legislation including the ACL, the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of products and services by us to you which cannot be excluded, restricted or modified.
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our products and Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ourlittlefoxes.com.
All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.
You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
GOVERNING LAW
These Terms of Use are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.
