TERMS & CONDITIONS OF MEMBERSHIP & PLATFORM USE

1. Agreement

1.1 These Terms & Conditions of Membership and Platform Use (Terms) govern access to and use of the Little Horizons Australia platform, website, memberships, products, services, tools, content and related features (Platform).

1.2 By accessing the Platform, purchasing a membership, creating an account, or otherwise using any part of the Platform, you agree to be bound by these Terms.

1.3 If you do not agree to these Terms, you must not access or use the Platform.

1.4 We may amend these Terms from time to time by publishing an updated version on the Platform. The updated Terms take effect from the date of publication or any later date specified in the updated Terms. Your continued use of the Platform after that time constitutes acceptance of the amended Terms.

1.5 To the extent permitted by law, only statements expressly set out in these Terms, or in any written policy expressly incorporated into these Terms, are binding on Little Horizons Australia. Marketing material, social media content, interviews, public commentary, informal communications, aspirational statements or member discussions do not create legally binding obligations.

1.6 Notices and communications may be given electronically and are taken to be received when sent, unless the law requires otherwise.

2. Description of the Platform

2.1 Little Horizons Australia operates a membership-based community participation platform.

2.2 Membership fees and other revenue generated through the Platform may be used for:
(a) the operation, administration, development, maintenance and sustainability of the Platform; and
(b) initiatives, projects, support activities, merchandise, services or assistance aligned with the purpose of the Platform.

2.3 Little Horizons Australia is not, and must not be taken to be, a charity, public benevolent institution, trustee, fiduciary, financial adviser, managed investment scheme operator, crowdfunding intermediary, escrow provider, agent for members, or agent for any nominee, recipient or third party.

2.4 Membership payments are payments for access to the Platform, participation opportunities, member inclusions and related services. Unless expressly stated otherwise by us in writing, membership payments are not donations, are not held on trust, and are not tax-deductible.

2.5 Nothing in these Terms creates:
(a) a trust relationship between Little Horizons Australia and any member;
(b) a requirement that funds be held separately for any member, nominee or class of member;
(c) an obligation to apply a fixed percentage of revenue in any particular way unless we expressly state otherwise in binding written terms; or
(d) any right for a member to direct, demand, trace, recover or control how pooled funds are applied.

2.6 Membership is not offered or acquired as an opportunity for financial return, capital growth, profit share, asset ownership, repayment, interest, dividends, or any other investment benefit.

3. Eligibility

3.1 You must be at least 18 years old and legally capable of entering into a binding contract to become a member or use the Platform.

3.2 You must provide information that is accurate, current and complete when requested.

3.3 We may approve, reject, suspend, restrict or terminate any application, account or membership at our discretion, to the extent permitted by law.

3.4 You must comply with these Terms and all applicable laws when using the Platform.

4. Nature of Membership

4.1 Membership grants a limited, revocable, non-transferable right to access and use the member features of the Platform during the applicable membership period, subject to these Terms.

4.2 Depending on the membership type, membership may include access to updates, participation opportunities, community features, surveys, voting tools, feedback mechanisms, merchandise, digital content, promotional offers or other stated inclusions.

4.3 Membership does not provide:
(a) ownership, shares or equity in Little Horizons Australia;
(b) any proprietary interest in Platform assets, revenue or goodwill;
(c) any entitlement to profits, distributions, returns or financial benefits;
(d) any enforceable right to require support to be given to a particular person, project, cause or initiative;
(e) any authority to control decision-making; or
(f) any guaranteed benefit, result, allocation, outcome or frequency of initiative delivery.

4.4 Any vote, survey, poll, nomination, expression of preference or member feedback is advisory only unless we expressly state otherwise in writing.

4.5 Member benefits, inclusions, merchandise, pricing, availability, participation features or promotional offerings may be changed, substituted, suspended or withdrawn at any time, subject to any rights you may have under applicable law.

5. Management Discretion

5.1 All decisions concerning the Platform, membership structure, fees, eligibility, support activities, recipients, nominees, initiatives, timing, scale, method, logistics, implementation and public communications are made solely by Little Horizons Australia.

5.2 We may accept, reject, defer, substitute, modify, withdraw or discontinue any nominee, recipient, project, initiative, membership inclusion or proposed activity at any time.

5.3 We may depart from any member preference, voting indication or community sentiment where we consider it reasonably necessary or desirable for legal, regulatory, privacy, safety, reputational, operational, financial, ethical or logistical reasons.

5.4 No representation, warranty or assurance is given that any member-preferred outcome will occur.

5.5 Little Horizons Australia is under no obligation to provide assistance, support, funding, goods, services or benefits to any nominated individual, group, organisation or initiative.

5.6 A nomination, vote, preference, campaign, discussion or member expectation does not create any entitlement, trust obligation, enforceable promise or duty to act.

6. Accounts and Security

6.1 You may be required to create an account to access some features of the Platform.

6.2 You are responsible for maintaining the confidentiality and security of your login credentials and for all activity carried out through your account.

6.3 You must notify us promptly if you become aware of any unauthorised access to or use of your account.

6.4 We may suspend or disable access where we reasonably suspect unauthorised use, misuse, fraud, security issues or breach of these Terms.

7. Payments, Renewals and Billing Authority

7.1 Membership fees and any other charges are payable in the amounts, at the intervals, and on the terms displayed at the time of purchase or renewal.

7.2 Unless expressly stated otherwise, memberships renew automatically at the end of each billing cycle.

7.3 By purchasing a membership, you authorise us and our payment processors to charge your nominated payment method for:
(a) recurring membership fees;
(b) applicable taxes; and
(c) any other charges you expressly authorise.

7.4 If payment fails, is reversed, is declined, or remains outstanding, we may retry the payment, suspend access, cancel benefits, or terminate the membership.

7.5 We may change membership fees or pricing structures by giving prior notice on the Platform or by email. Any fee change will apply from the next renewal date unless otherwise stated.

7.6 You are responsible for ensuring your payment details remain current and valid.

7.7 You agree to contact us first regarding any billing concern before initiating a chargeback or payment dispute, so that we can attempt to resolve the issue. We may suspend or terminate membership where a chargeback is initiated in circumstances not permitted by law.

8. Allocation and Use of Funds

8.1 All membership payments and other Platform revenue may be pooled.

8.2 Pooled funds may be applied, in our discretion, to any lawful purpose connected with operating, maintaining, protecting, promoting or developing the Platform and its activities, including without limitation:
(a) administration;
(b) staffing and contractors;
(c) technology and software;
(d) marketing and communications;
(e) compliance and governance;
(f) accounting, legal and professional services;
(g) banking and payment processing;
(h) logistics, storage, packaging and delivery;
(i) reserves, contingencies and working capital;
(j) merchandise and member inclusions; and
(k) initiatives, support activities, projects or assistance aligned with the Platform’s purpose.

8.3 We may publish updates, summaries, examples, stories or general information for transparency purposes. However, unless required by law, we are not obliged to provide detailed accounting, audited reporting, recipient identification, line-by-line fund tracing, or confidential operational information.

8.4 To the extent permitted by law, members acknowledge that Platform revenue is controlled by Little Horizons Australia and is not held for any member as beneficiary, investor, co-owner or trust beneficiary.

9. Nominations, Third-Party Information and Member Submissions

9.1 The Platform may allow members to submit nominations, stories, recommendations, requests, feedback, comments or other material.

9.2 If you submit information about another person, you represent that you have the right or permission to provide that information, or are otherwise permitted by law to do so.

9.3 You must not submit unlawful, misleading, defamatory, threatening, harassing, abusive, discriminatory, invasive or otherwise inappropriate content.

9.4 We may remove, redact, refuse to publish, review, investigate or report any submission at our discretion.

9.5 We may contact a nominee or third party to verify information, confirm consent, assess eligibility, prevent misuse, or administer any initiative.

9.6 Submission of a nomination or other material does not oblige us to act, respond, provide support, publish content or maintain confidentiality beyond what is required by law and our Privacy Policy.

10. Cancellations and Refunds

10.1 You may cancel your membership at any time by using the cancellation process made available by us or by contacting us using the contact details published on the Platform.

10.2 Unless otherwise stated, cancellation stops future renewals only. Your membership will usually remain active until the end of the current paid billing period, after which it will end.

10.3 Payments already made are non-refundable except where required by the Australian Consumer Law or any other non-excludable law.

10.4 To the extent permitted by law, refunds will not be given for:
(a) change of mind;
(b) dissatisfaction with voting outcomes, nominations, initiatives or decisions;
(c) inactivity or failure to use the membership;
(d) platform modifications or feature changes;
(e) benefit substitutions or withdrawn inclusions; or
(f) suspension or termination due to your breach of these Terms.

10.5 If a payment is processed in error after a valid cancellation has been received and confirmed by us, we will correct or refund that overpayment as required by law.

11. Member Conduct

11.1 You must use the Platform lawfully, honestly and respectfully.

11.2 You must not:
(a) misuse the Platform;
(b) interfere with its security, operation or availability;
(c) impersonate another person;
(d) submit false or misleading information;
(e) infringe intellectual property or privacy rights;
(f) engage in abusive, threatening, hateful or harassing conduct; or
(g) use the Platform in a way that may expose us or others to legal, reputational or operational harm.

11.3 We may investigate conduct, moderate content, restrict access, suspend participation or terminate membership where we reasonably consider it necessary.

12. Intellectual Property

12.1 Unless otherwise stated, all intellectual property rights in the Platform, including text, branding, names, logos, graphics, software, systems, layouts, media, documents and content, are owned by or licensed to Little Horizons Australia.

12.2 We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for your personal, non-commercial use during your membership or use of the Platform, subject to these Terms.

12.3 You must not copy, reproduce, adapt, distribute, commercially exploit, reverse engineer or create derivative works from the Platform or its content except as permitted by law or with our prior written consent.

12.4 If you submit content to us, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, publish, communicate and store that content for operating, promoting and administering the Platform, subject to our Privacy Policy and any rights you have under law.

13. Availability, Changes and Third Parties

13.1 We may modify, suspend, withdraw, replace or discontinue any aspect of the Platform, including membership features, voting tools, surveys, products, merchandise, initiatives or digital systems, at any time.

13.2 We do not guarantee uninterrupted availability, error-free performance, timely delivery, or freedom from bugs, outages, delays, inaccuracies or third-party failures.

13.3 The Platform may rely on third-party providers, including payment processors, hosting providers, fulfilment services, logistics providers, software vendors and communication tools. To the extent permitted by law, we are not responsible for delay, disruption or failure caused by third parties outside our reasonable control.

13.4 We are not responsible for the conduct, acts, omissions or outcomes of any nominee, recipient, member, supplier, charity, organisation or third party involved in or connected with any initiative or support activity.

14. Privacy

14.1 We handle personal information in accordance with our Privacy Policy.

14.2 You acknowledge that operation of the Platform may involve collection, use and disclosure of personal information, including through third-party service providers such as e-commerce, payment, communications, analytics or hosting providers.

14.3 Where you provide personal information about another person, you must ensure you are authorised to do so.

15. Disclaimers and No Reliance

15.1 To the maximum extent permitted by law, the Platform and all related content, tools, communications and participation features are provided on an “as is” and “as available” basis.

15.2 We do not guarantee:
(a) any particular recipient, initiative, project or outcome;
(b) any minimum frequency or value of support activity;
(c) that any nomination will be acted upon;
(d) that any vote or member preference will be implemented;
(e) any personal, financial, emotional, reputational or legal benefit to you; or
(f) that the Platform will meet your expectations or remain unchanged.

15.3 You acknowledge that you have not relied on any statement, promise, forecast, representation or expectation not expressly set out in these Terms.

15.4 Nothing on the Platform constitutes legal advice, financial advice, investment advice, tax advice, medical advice or professional advice of any kind.

16. Limitation of Liability

16.1 To the maximum extent permitted by law, Little Horizons Australia excludes all liability for any indirect, special, incidental, exemplary or consequential loss, including loss of revenue, loss of profit, loss of opportunity, loss of goodwill, loss of data, business interruption, emotional distress or reputational harm.

16.2 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Platform, membership, any initiative, or these Terms is limited to the total amount of membership fees actually paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

16.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

16.4 Where a non-excludable guarantee applies and the law permits us to limit our liability, our liability is limited, at our option, to:
(a) resupplying the relevant services; or
(b) paying the cost of having the relevant services supplied again.

ACCC guidance confirms that contract terms cannot take away consumer rights that exist under the ACL, which is why this carve-out matters.

17. Indemnity

17.1 To the maximum extent permitted by law, you indemnify and hold harmless Little Horizons Australia and its officers, employees, contractors and agents against loss, damage, cost, expense or claim arising from:
(a) your breach of these Terms;
(b) your misuse of the Platform;
(c) your unlawful conduct;
(d) your infringement of any third-party rights; or
(e) information or material you submit through the Platform.

17.2 This indemnity does not apply to the extent that the loss was caused by our own negligence, fraud or wilful misconduct, or where the law does not permit the indemnity to apply.

That limitation helps reduce unfair-contract-term risk in a consumer setting. ACCC says standard form consumer contracts cannot override consumer rights, and unfair terms can be challenged.

18. Suspension and Termination

18.1 We may suspend, restrict or terminate your access to the Platform or your membership immediately if:
(a) you breach these Terms;
(b) payment is overdue, reversed or disputed;
(c) we reasonably suspect fraud, misuse, unlawful conduct or security risk; or
(d) we decide to discontinue the Platform or relevant membership offering.

18.2 Termination does not affect any accrued rights, outstanding obligations or provisions intended to survive termination.

18.3 Clauses relating to payments, refunds, intellectual property, privacy, disclaimers, liability, indemnity, dispute resolution, governing law and any other clauses which by their nature should survive, continue after termination.

19. General

19.1 Failure by us to enforce any right or provision does not waive that right or provision.

19.2 If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision is to be read down to the extent necessary or severed, and the remainder continues in full force.

19.3 These Terms constitute the entire agreement between you and Little Horizons Australia in relation to the subject matter they cover, unless otherwise expressly stated in writing.

19.4 You must not assign, transfer or sublicense your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms as part of a business restructure, sale or transfer of the Platform.

19.5 These Terms are governed by the laws of Australia and, to the extent applicable, the laws of the State or Territory from which Little Horizons Australia operates. The parties submit to the non-exclusive jurisdiction of the courts of that place and any Australian appellate courts.

20. Contact

Questions, notices, cancellation requests and complaints may be directed to:

Little Horizons Australia
Email: [littlehorizonsaustralia@gmail.com]