LittleUrchin Pty Ltd
Terms and Conditions
Last updated: March 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website, www.littleurchin.com.au (“Website”) is a website operated by LittleUrchin Pty Ltd (ACN 604 367 937 ).
For the purposes of these Terms and Conditions, “us”, “our”, “we” and “Little Urchin” refers to LittleUrchin Pty Ltd and “you” and “your” refers to you, the client, visitor, Website user or person using our Website.
These Terms and Conditions, govern your use of the Website, and Little Urchin mobile and social media applications that link to these Terms and Conditions (together, the “Services”).
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS.
You must be over 18 years of age to use this Website, including to purchase any goods or services from this Website.
Our product prices (including our wholesale prices) may vary from time to time.
We list up-to-date product prices on our Website.
Prices are in Australian dollars and are inclusive of Goods and Services Tax where that Tax is applicable. Additional delivery charges will apply.
By purchasing any product from us, you agree to our product prices as published at the time of your purchase.
Payments may be handled by third party payment providers. By making a purchase, you agree to be bound by the terms and conditions of any relevant third party payment providers.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our Website, then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and our rights and obligations to each other.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time, and from time to time, to remove, delete, alter or amend any content on the Website, or to suspend, withdraw, or modify the Website at any time without notice. We shall not be liable to you or any third party for any suspension, withdrawal or modification.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
You may only use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
Additionally, you agree not to:
MONITORING AND ENFORCEMENT
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS LITTLE URCHIN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LITTLE URCHIN/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LITTLE URCHIN, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
USER GENERATED CONTENT
You may be invited to provide personal information, custom screen names, icons and other profile information (collectively, "Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, commentaries, reviews, testimonials, concepts, techniques, and other information and materials, which may include (without limitation) uploading files, participating in chat sessions, providing Profile Information and engaging with other users of the Services (collectively, and together with Profile Information, "User Generated Content").
Little Urchin does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by Little Urchin prior to posting or at any time. If Little Urchin chooses, in its sole discretion, to monitor any forums, Little Urchn nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
By providing information or posting Content through the Services, you hereby grant Little Urchin a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. Little Urchin does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.
By submitting User Generated Content on or through the Services, you represent to Little Urchin that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to Little Urchin the rights described herein. You acknowledge that Little Urchin has relied upon this representation. Accordingly, you further agree to defend and hold harmless Little Urchin, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the "Little Urchin Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by any third party against the Little Urchin Parties in connection with your User Generated Content and reimburse the Little Urchin Parties for any loss, damage or costs incurred as a result.
SECURITY OF ACCOUNT DETAILS
If you choose, or are provided with a user identification code, password or any other information as part of our security or account login procedures you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that someone other than you knows your identification code or password, you must promptly notify us at email@example.com.
Our products are all made with natural and organic ingredients. Any products you purchase through our Website should be used as directed on the product container or packaging. As everyone has different skin, body and medical conditions which may react to an allergen at any given time, any product could cause a negative skin reaction or react differently to various treatments, even natural products. Actual results may vary.
We are not responsible if such a reaction should occur as a result of any consumer using our products. If you develop a skin sensitivity to any product, you should stop using it immediately and consult your physician. Remember, you should never use new products on broken or irritated skin and discontinue using any product that causes any of the following: redness, scaling, itching, burning, soreness, blisters, irritation or other similar reactions.
You should not rely solely on the information contained in this Website as it does not purport to be comprehensive or specific to your personal needs or requirements. Please contact us if you require a list of product ingredients. Ultimately it is the responsibility of the consumer to research product information. And if you are uncertain, check with your health or cosmetics practitioner prior to using any of our products.
Our products should not be consumed by humans or animals. Consumption of our products could result in illness, poisoning, serious injury or death.
Our products must be kept out of reach of children.
We disclaim any liability whatsoever which may result from consumption of our products or failure to keep our products out of reach of children.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our Website that you agree and accept that Little Urchin is not legally responsible for any loss or damage you might suffer related to your use of the Website (whether from errors or from omissions in our documents or information). This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable, and that to the extent permitted by law your will be solely responsible for any damage to you or your property, any third party or their property arising from the use of the services of the content.
You agree and accept that to the maximum extent permitted by law, Little Urchin is not legally responsible for any loss or damage you might suffer related to your use of any products or services that we offer, whether due to illness, injury, death, property damage, or any other loss or damage.
It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our liability for any breach of these terms is limited to: the re-supplying of the goods or services to you; the replacement of the goods; or a refund.
We shall not be responsible for shipping or fulfilment delays, the cancellation of any transaction or the unviability of any product.
To the fullest extent permitted by law we shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any loss of profits, lost revenue, lost data equipment downtime, or any indirect, consequential, special, incidental, punitive or exemplary damages or losses arising out of your purchase or use of the products or inability to use the services or any content including but not limited to interruptions or delays in transmission regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of damage or loss.
To the fullest extent permitted by law, our maximum aggregate liability shall not exceed the amount that you have paid for the goods or services to which the liability relates. To the fullest extent permissible by law, if you are dissatisfied with the services, fulfilment of any order, do not agree with any part of this agreement or have any other dispute or claim with or against us or any of our related entitled, related to the services or content your sole and exclusive remedy is to discontinue use of the services.
You agree to defend, indemnify, and hold harmless Little Urchin, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorised in these Terms, or your use of any information obtained from the Website.
DELIVERY OF GOODS
Unless otherwise agreed in writing or as indicated on our Website, none of our product prices include delivery.
Delivery costs may be published on our Website at the time that you make your purchase. By making a purchase, you agree to any published delivery costs, in addition to our product prices.
Title and risk in the products transfers from us to you from the time that the products are collected from our premises for delivery.
Products may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for products that are damaged in transit or not received. You fully release us from any liability for losses that occur as a result of delivery including but not limited to delays and/or lost or damaged products during delivery. Replacement of items damaged or lost in transit is made at our discretion.
RETURNS AND REFUNDS
We handle returns and process refunds in accordance with the Australian Consumer Law and any other relevant consumer protection legislation.
We do not offer any returns or refunds for change of mind.
If you purchased our products directly from us, and you believe that you are entitled to a return or refund because the products are faulty or damaged, please notify us within 7 days of purchase with a valid reason for return. In the event that you are entitled to a replacement or refund, the replacement or refund will be processed promptly and payment for any refund will be made by the same method that you made payment. All refunds are made at our discretion, unless otherwise required by law.
If you purchased our products from a third party such as a retailer or wholesaler, you must contact them to request any refunds or returns. If, after making a genuine effort to resolve the matter directly with that relevant third party, you are not satisfied with their handling of the matter then you may contact us to notify us about the matter.
LINKING TO OUR WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS TO OTHER WEBSITES
We may from time to time provide links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Our Website may contain information or advertisements provided by third parties. We accept no responsibility whatsoever for any information or advice provided to you by third parties. We refer to any information or advertisements for your information purposes only and we are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the our products, information or services will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, and high quality products, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in the Website or as to their correctness, suitability, accuracy, reliability, or otherwise.
To the extent permitted by law, it is your sole responsibility, and not the responsibility of Little Urchin, to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar products, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Little Urchin. We expressly exclude and do not permit you to use or access our Website, our products or our services, or to download any documents or information from our Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This Website contains material which is owned by, or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website.
The Little Urchin name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Little Urchin or its affiliates or licensors. You must not use such marks without the prior written permission of Little Urchin. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Little Urchin expressly reserves all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These Terms represent the whole agreement between you and Little Urchin concerning your use and access to our Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this Website are subject to the laws of New South Wales . If there is a dispute between you and Little Urchin that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.
You may contact us about these Terms at firstname.lastname@example.org.