Little Lot may amend or update these Terms and the Services it provides at any time with or without notice to Users, and may also add new features to the Website or Services that will be subject to the Terms. Any User who continues to use the Website or Services after any changes are made will be deemed to have agreed to those changes.
In order to register to use the Services, Users will need to provide certain information about themselves, as prompted by the Application or Website (Registration Information). All Users agree to provide true, accurate and current Registration Information.
Downloading the Application
Users may install the Application onto any number of smartphones, tablets or computers (whether for personal or business use) (Devices), which will enable Little Lot to distribute advertisements, promotions and other images (Branded Wallpapers) for display in the Application or on the lock-screens or desktop backgrounds of their relevant Devices (Display Space). Little Lot may release new versions of the Application from time to time, and require all Users to download and use the latest version.
Little Lot currently provides the Application and Services free of charge, provided that each User’s normal carrier rates and fees (such as for downloading and using the Application and Services) will still apply.
Cancellation and suspension of accounts
Users are entitled to cancel their account with Little Lot at any time by deleting or removing the Application on their Devices. Little Lot may cancel or suspend a User's account at any time (whether or not the User is in breach of these Terms) and shall have no liability to any Users if it elects to do so. Little Lot may also refuse to provide Services to Users for any reason and at any time. All cancellations of accounts will result in the deactivation or deletion of the User's account.
Use of the Application
The Application may only be used in connection with the Services and in accordance with these Terms. Users must not (and must not attempt to) reproduce, modify, adapt, reverse-engineer or decompile the Application in any way.
Users agree that a Branded Wallpaper will be automatically downloaded onto the Display Space of any Device which has the Application installed onto it when that Device connects to the internet each day (provided that the connectivity is adequate). The Application has functionality that enables the User to request a new Branded Wallpaper.
Little Lot takes all reasonable steps to ensure that all Branded Wallpapers will be appropriate for display on Devices and will not be offensive or objectionable, provided that it makes no warranties or representations in respect of, and accepts no liability for, the content of the Branded Wallpapers that it distributes.
Users acknowledge and agree that Little Lot’s partner charities (as identified on the Website or in the Application) (Partner Charities) do not necessarily endorse or support any of the products or services advertised by Little Lot.
Little Lot commits to paying 75% (including GST) of the advertising revenue it receives for each Branded Wallpaper downloaded through the Application to the Partner Charity selected by the User through the Application (the Selected Charity). Users are not entitled to receive any consideration in return for using the Application or Services.
Malfunctions and technical support
Little Lot takes all reasonable steps (during normal business hours) to ensure that the Application will function as intended once it is installed by Users. However, neither Little Lot nor its related companies or Partner Charities shall be liable in any respect (including for negligence) if at any time the Website or Application malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Website, Application or Services.
Each User will be responsible and liable for any activity that it causes through its use of the Website, Application and Services. Neither Little Lot nor its related companies or Partner Charities will be liable if a User suffers any loss or damage as a result of its use of the Website, Application or Services.
Each User indemnifies, and will keep indemnified, Little Lot and its related companies and Partner Charities against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Little Lot and/or its related companies and Partner Charities may incur or be subject to or suffer as a result of the User's use of the Website, Application and Services.
No illegal use
No User may use the Website, Application or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.
No malicious use
Users may only access the Website, Application and Services through the interface provided by Little Lot, and must not use the Website, Application or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any User, Partner Charity or advertiser affiliated with Little Lot or any related company of Little Lot.
All Users agree that Little Lot Holdings Limited (company number 2360599) (Little Lot Holdings) owns all of the intellectual property rights existing in the Website, Application and the Services and any improvements, enhancements, modifications and any adaptations to the same, provided that Little Lot Holdings claims no intellectual property rights in relation to the advertisements published by advertisers or Partner Charities through the Website, Application and the Services.
No User may publish or use Little Lot Holdings' brand, branding or logos except with Little Lot Holdings' prior written consent.
Users are responsible for maintaining the security of their account and password on the Website and in the Application. Users must promptly notify Little Lot if they suspect or become aware of any unauthorised or fraudulent use of their account.
No User may assign or transfer or purport to assign or transfer any of its rights or obligations under these Terms without the prior written consent of Little Lot.
If any provision of these Terms is found by a court or other competent authority to be void or unenforceable, such provision will be deemed to be deleted from these Terms and the remaining provisions will continue in full force and effect.
These Terms constitute the entire agreement and understanding relating to the matters dealt with in them, and supersede and extinguish any prior agreements, assurances, warranties, representations and understandings (whether written or oral) relating to such matters.
Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with by New Zealand law, and all Users irrevocably submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.