WELCOME TO LOLLICAMP!
Lollicamp LLC ("Lollicamp", “we”, “us”, or “our”) provides and operates the online listing and registration platform www.lollicamp.com through which program providers can offer camps, classes and/or other activities.
By accessing or using the Service as a Provider, you acknowledge and agree that you have read, understood, and agree to be bound by this Service Provider Agreement ("Agreement"). This Agreement applies to all visitors, users, and others who access the Service in order to create Listing that provide information about your offering of camps, classes and/or after-school programs or activities (“Provider”, “you”, or “your”), whether or not you become a registered user of the Services.
Lollicamp may amend the Agreement from time to time. Amendments will be effective upon our posting of such updated Agreement at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended.
In addition, you may have additional supplementary agreements applicable to such services that may be signed individually with us. All such agreements are hereby incorporated by reference into this Agreement.
As a Provider, you may create Listings to showcase Programs you can offer. To create a Listing, you will be asked to provide a variety of information related to the Listing, including, but not limited to, capacity, location, availability, duration, and service scope of your Program. Listing will be made publicly available via the Services and Parents will be able to make booking based on the information you provided.
You acknowledge and agree that you alone are responsible for the truthfulness, accuracy, and completeness of any and all Listings, information and content you post. You represent and warrant that (i) all your User Content shall at all times be true, accurate, and not misleading, and that you are obligated to update the uploaded information as timely as required for guaranteeing the accuracy of your User Content; (ii) that you may only offer services provided by you via the Service. You may not offer services as an intermediary or agent, unless otherwise agreed by us in writing; (iii) that the rates, availability, amenities, and restrictions for your Programs in any and all of your Listings have to be equal to or better than what you make available through your own channels or third party channels; and iv) that any Listing you post and the registration of a Program in a Listing you post will not breach any agreements you have entered into with any third parties or cause conflict with the rights of third parties, and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Programs included in a Listing you post (including having all required permits, licenses insurance and registrations). Please note that Lollicamp assumes no responsibility for a Provider's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Lollicamp reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Lollicamp, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Services.
You understand and agree that Lollicamp does not act as an insurer or as a contracting agent for you as a Provider. If a Parent registers and participates in your Program, any agreement you enter into with such Parent is between you and the Parent and Lollicamp is not a party thereto.
Notwithstanding the foregoing, Lollicamp and/or any third party authorized by us serves as the limited authorized payment collection agent of the Provider for the purpose of accepting, on behalf of the Provider, payments from Parents of such amounts stipulated by the Provider.
USE OF CONTENT
The Service may include various content management tools to upload or request changes to content that is displayed on the Service regarding your Listing. By uploading any of your or the Listing’s name(s), logos, trademarks, images, audio, video, text or other content (“User Content”), you hereby grant Lollicamp a non-exclusive, royalty free and worldwide right and license (or sublicense as applicable) to use, reproduce, process, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy, translate and make available to the public in any manner whatsoever) such User Content for the purposes of advertising, merchandising and obtaining registrations for the Listing via the Service.
THIRD PARTY PAYMENT COLLECTION AGENT
Each Provider hereby acknowledge and agree that Lollicamp may use a third-party payment agent for the purpose of accepting the Program Fees from Parents and transferring such Program Fees less any applicable Provider Fees (defined below) to your bank account, and in the event of refunds or amounts you owe to Lollicamp, providing refunds to related Parents or collecting due amounts from you.
Each Provider agrees that payment made by a Parent through the third-party payment collection agent shall be considered the same as a payment made directly to the Provider, and the Provider will make the Program available to the Parent in the agreed upon manner as if the Provider has received the Program Fees.
Each Provider further acknowledge and agree that Lollicamp is not a party to the agreement you may enter with the third-party payment agent in form of terms and conditions governing use of the third-party agent's services. Please review such terms and conditions before using the services. Lollicamp disclaims all liability in this regard to the maximum extent permitted by law.
CANCELLATIONS AND REFUNDS
Each Provider agrees that Lollicamp may, in accordance with the cancellation policy provided by the Provider and reflected in the relevant Listing, and subject to certain conditions stated below, (i) permit the Parent to cancel the booking; (ii) refund via third party payment collection agent to the Parent that portion of the Program Fees less any adjustments in Provider Discounts and/or Provider Promo Codes, and cancellation fees as specified in the applicable cancellation policy.
If, as a Provider, you cancel a confirmed registration via the Services, you acknowledge and agree that the refund of the Program Fees after adjustments for changes in Provider Discounts and/or Provider Promo Codes, may not subject to any cancellation policy.
The ability of you to cancel a confirmed registration via the Services will be limited and subject to i) whether the Program has been completed; ii) whether Program Fees have been transferred to your bank account, and iii) whether there has been any chargeback associated to the order.
You acknowledge and agree that in any and all situation when cancellation is made available via the Services, you will not directly accept cancellations of registration from a Parent outside of the Services. In case cancellation of a confirmed registration is no longer available via the Services, you will provide such services directly to the Parent.
If a Parent or you cancel a confirmed registration or Lollicamp decides that it is necessary to cancel a confirmed registration via the Services, and Lollicamp issues a refund to the Parent in accordance with the applicable cancellation policies, you agree that in the event you have already received the transfer of Program Fees, Lollicamp shall be entitled to recover the amount of any such Parent refund from you, including by subtracting such refund amount out from any future Program Fees due to you.
FINANCIAL TERMS FOR PROVIDERS
Providers will set prices or rates for Programs in their Listing for Parents to pay and register (“Program Rates”). Providers represent and warrant that the Program Rates offered via the Services are lower or equal to the rates offered by Providers directly to any Parents. If you offer Programs or enter into an agreement to provide Programs through or to a third party (including without limitation through any distribution channel, such as coupons, deal-of-the-day or flash sale websites) for a lower price or rate to Parent or under a lower pricing or rate arrangement or formula (including without limitation for no fee) than the then-current Program Rates provided to Lollicamp, then Provider will promptly notify us and provide to us such lower price or rate or pricing or rate arrangement or formula retroactively as of the date first provided to such other third party. If Supplier fails to comply with this provision, we shall have the right, in our sole discretion, to either suspend Provider’s access to the Services.
As a Provider, you may elect to use the Services only to list your Programs, and have registration requests to your Programs redirected to the registration platform of your own to complete registration and payment (“Redirect Services”). You acknowledge and agree to make payment to Lollicamp for such Redirect Services by the end of each month based on the register click count in your Provider account.
If you elect to use the Services to accept registration and payment from Parents, you acknowledge and agree that Lollicamp via third-party payment collection agent will initiate transfer of the Program Fees, less the fees Lollicamp charges a Provider for the use of the Services (“Provider Fees”) which is calculated as a percentage of the applicable Program Fees, to the Provider (“Payout”), if not otherwise collected in the form of annual subscription or stipulated in a supplementary agreement, on the first available Friday fourteen (14) business days after the payment on the confirmed registration was received subject to the completeness and accuracy of the Payout information. Should Payout information be incomplete or inaccurate, Lollicamp will only initiate Payout when such information becomes complete and accurate. The time it takes for the Provider to receive Payouts may depend upon the Payout method chosen by the Provider. You understand and agree that Lollicamp will not be responsible for delays in receiving Payouts, which can vary based on the related bank and the Payout method you have chosen.
The Provider Fees Lollicamp charge a Provider may be adjusted to the benefit of the Provider as a promotion of the Services or based on i) the number of registrations purchased with and through the Provider in a past period as specified, at our sole discretion, by Lollicamp, in Programs which have been delivered and completed; and ii) the ongoing fulfillment of certain requirements. Lollicamp reserves the right to check from time to time on the ongoing fulfillment of such requirements. You acknowledge and agree that if Lollicamp has come to the conclusion, at our sole discretion, that the ongoing fulfillment of the requirements are not met, Lollicamp may remove the favorable adjustments on Provider Fees. You further acknowledge and agree that if your Provider Fees are adjusted favorably as a promotion, such favorable adjustments will be removed upon the expiration of the promotional period.
You acknowledge or agree that if you owe or agree to pay any amount to Lollicamp (whether as a result of refund, chargeback or otherwise), then Lollicamp is entitled to (but is not obliged to) charge you in debit Payout transfer or withhold the amount owing to Lollicamp from any Payout amounts due to you as a Provider, and use the withheld amount to offset the amount owed by you to Lollicamp. If Lollicamp does so, then your obligation to pay Lollicamp will be extinguished to the extent of the amount charged or withheld by Lollicamp, and Lollicamp will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. Any amount you owe to Lollicamp will become due when it becomes available via our third-party payment collection agent or when the next Payout time is scheduled, whichever is earlier. In addition to the amount due, if your account is delinquent and/or you otherwise have chargebacks or other amount you owe to Lollicamp on your account which is more than what can be withheld to offset your liability, you may be charged fees that are incidental to our collection of these delinquent or owed amounts. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone. Such communication may be made by Lollicamp or by anyone on its behalf, including but not limited to a third party collection agent.
Please note that Lollicamp does not currently charge fees for the creation or translation of Listings. However, you acknowledge and agree that Lollicamp reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation or translation of Listings. Lollicamp will provide notice of any such fees prior to implementing such fees.
You understand and agree that you are solely responsible for determining your tax liability to any related tax authority and for including any applicable taxes to be collected or obligations relating to applicable taxes in your Listings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you.
Tax regulations may require us to collect appropriate tax information from our Providers, or to withhold taxes from Payouts to Providers, or both. You as a Provider are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Provider fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all Payouts to you until resolution, to withhold such amounts as required by law, or to do both.
Last modified on 05/06/2018