Terms of Service

This is an agreement between you and Little Flags Social Limited and its subsidiaries and related companies (together, "Little Flags"). By accessing and using the Little Flags platform through the website [app.littleflags.org] ("Platform"), you agree to the following terms of use ("Terms of Service"), as well as all applicable laws and regulations. Please read the following terms and conditions carefully since this is a legally binding agreement between you and Little Flags. By continuing use of the Platform, you expressly acknowledge that you have read and understand all of the terms of this agreement. If you do not agree to all of these terms, please do not use this Platform and related services or any link or content contained on the Platform.

Your access to and use of this Platform and related services constitute your acceptance of and agreement to abide by each of the terms set forth below. If you are using the Platform on behalf of your organization, that organization accepts these terms.

Unless specifically indicated otherwise, for purposes of the Terms of Service, "Little Flags," "we," "us," "our," and other similar terms, shall refer to the party with whom you are contracting. "You", "Organiser", "Beneficiary", "Fundraiser", "Administrator", "Donor", or "registered member" and other similar terms are users of the Platform and services provided by us and may also be referred to individually as a "User".
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.

Your continued use of the Platform after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Platform and related services.

Other policies, such as our Privacy Policy, also apply if you use our Platform or register to use our services. The terms of such policies are hereby incorporated by reference into these Terms of Service. In case of a conflict, these Terms of Service will supersede the terms of other policies. Little Flags reserves full right and discretion in resolving any such conflicts and our decision shall be final.

Description of Services

Little Flags provides the Platform for individuals or organisations (each an "Organiser") to seek donations from donors (each a "Donor") for the benefit of one or more persons, entities or established non-government organisations, also known as NGOs (each a "Beneficiary") with a specific charitable need for funding and/or for a specific charitable purpose (each a "Campaign"). Organiser using the Platform to initiate a Campaign may incorporate a challenge to assist in raising funds for that Campaign ("Challenge"). In addition to Organisers, others designated by Organisers may also create, accept or share a Challenge to help raise funds for that Campaign (each a "Fundraiser"). Fundraisers may also help to fundraise for Campaigns either by seeking Donors to agree to increase their donations if the Organiser or Fundraiser reaches pre-set milestones laid out in a Challenge or to get Donors or third parties to agree to match specified donations upon reaching such Challenge milestones.

Little Flags facilitates Users by providing the Platform whereby details and description of a Campaign and the underlying Challenge are presented and by directing Donors to a designated bank account with a registered bank in Hong Kong held by Little Flags Culture Limited or Little Flags Foundation Limited (each an "Account Holder") as well as related services and tools ("Services"). Little Flags Culture Limited is a Little Flags affiliated company and Little Flags Foundation Limited is a company limited by guarantee started by a founder of Little Flags. Services are only available to Hong Kong residents and Hong Kong registered entities. Only Hong Kong residents or Hong Kong registered entities would be accepted by Little Flags as organisers or beneficiaries. Where a person under the age of 18 seeks to be an Organiser, written consent by a parent or guardian must be received by Little Flags before such person may be accepted as an Organiser. Where an Organiser is under the age of 18, Little Flags may impose restrictions, such as restricting the use of such Organiser's bank account for accepting Donations or withdrawing funds for Beneficiaries. Information and content provided by Little Flags relating to the Services is for informational purposes only since Little Flags only provides the Platform as an administrative tool to assist Users connect for the purpose of raising charitable donations for Beneficiaries. Users are therefore advised that information and content accessed using the Services and the Platform are at your own risk.

Little Flags simply provides the Platform and Services. We do not guarantee the completeness, accuracy or reliability of any information posted on the Platform. We do not solicit donations on our own and cannot provide any legal, financial, tax or other advice to anyone. Users are encouraged to seek appropriate professional advice before placing a Campaign on the Platform or making a donation, as the case may be.

Users of the Platform

Organisers are those who create and initiate Campaigns. They see a need to seek charitable donations for Beneficiaries and commence Campaigns to help raise funds for such Beneficiaries. They also may create and undergo Challenges, whether by themselves or through Fundraisers, as additional motivation for Donors to make donations.

By using the Services and placing Campaigns on the Platform, each Organiser warrants and undertakes that:

  1. the Organiser has conducted necessary and appropriate due diligence regarding all information placed on the Platform regarding a Campaign and specific Beneficiary and that all such information is truthful, correct, complete and not misleading before using the Services and placing Campaigns on the Platform;
  2. all donations received will be used solely for the specific Beneficiary for the intended purpose as described in the Campaign;
  3. all relevant applicable laws and regulations relating to the Campaign will be complied with and that timely, complete and accurate accounting of donations and disbursement of the Campaign is made for the duration of a Campaign to the Platform; and
  4. where personal information is collected and shared, the Organiser is required to and will have obtained appropriate written consent from such persons in accordance with relevant personal privacy and data protection laws and regulations in all jurisdictions governing a Campaign, Fundraisers, Organisers, Donors or a Beneficiary and use of such personal information is strictly in accordance with the applicable laws and regulations.

Fundraisers are those who assist Organisers create, accept or share in meeting Challenges and/or assisting in other aspects of fundraising for Campaigns.

Administrators. Organisers may, but is not required to, assign individuals as administrators (each an "Administrator") to help manage a Campaign. Where an Administrator is assigned to a Campaign, Organiser shall register required information of the Administrator, such as name and contact information, with Little Flags. Organiser shall be fully responsible for all actions of Administrators.

Beneficiaries are those for whom charitable donations are intended by Campaigns. They may be individuals, entities or NGOs and the reasons for the need for donations for the Beneficiaries are specified in the descriptions of the Campaigns on the Platform.

Donors are those who make donations to the Beneficiaries via the Campaigns. Donors are advised that all donations are made at your own risk and it is incumbent on Donors to take the initiative to understand and verify the nature and purpose of a Campaign and to make such investigation as they and their professional advisors considered advisable regarding reliability and trustworthiness of Organisers, Fundraisers and Beneficiaries before making any donation. Little Flags will not and cannot verify the information that Organisers provide about Campaigns and we cannot give assurance that donations are used in accordance with the stated purpose of a Campaign or in accordance with relevant and applicable laws.

Account Holder. Little Flags is not a charity entity and does not provide tax receipts for donations. Little Flags does not collect or hold donations in its own bank accounts. Donations for a Campaign are deposited in a bank account ("Bank Account") held by Account Holder. When withdrawal of funds is requested by an Organiser in accordance with the terms of the Campaign, donated funds for that particular Campaign will be released from the Bank Account and distributed to that particular Beneficiary accordingly. Organisers, Donors and Beneficiary agree to the use of and sharing of information with Account Holder as a requirement for using the Services.

Financial Processor. Donations are made by Donors by depositing donations to the Bank Account directly or through a financial processor where such financial processor will deposit donations made by credit card or other similar means of transfer into the Bank Account. However, any service charge imposed by the financial processor will reduce the amount of donation actually deposited into the Bank Account.

Other Users. You must be registered as a user to use any Services, including making comments or reporting on the Platform.

Administration Fees

Account Holder may charge up to 5% of donations actually received in the Bank Account for administrative fees.

Financial processors may also charge Donors for processing donations for depositing to a Bank Account. Where refunds are made, financial processors may also impose a charge to Donors. Financial processor charges are not included as part of the administrative fees charged by Account Holder.

Registration

If you intend to use the Services, such as initiating and posting a Campaign or act as Fundraiser, making donations or making comments or complaints about a Campaign or Challenge, you must register with the Platform. Failing to do so will result in your inability to use the Services.

When registering, you must provide accurate, current and complete information that may be reasonably verifiable. Little Flags may confirm some onboarding information when you register. You agree to update information whenever there is a relevant change to keep such information up to date. Information relating to a Campaign and Beneficiary must include the real names and basic information of individuals who are Beneficiaries. Organisers must also provide their real names, contact information and Hong Kong bank account information (for withdrawal of donations). Organisers must first obtain consent from Beneficiaries before placing such information on the Platform. Organisers and Donors must agree that we may share their information with Account Holder or any third party requiring such information for the fulfillment of the Campaign or for legal compliance purposes.

Donors should be aware that they may be requested by Organisers to share their personal data on the Platform to help promote and report on a Campaign. When such consent is granted, Donors' personal data, such as names and amount of donation and other information, may be posted on the Platform and Organisers may otherwise share such information with Little Flags, Account Holder and third party service providers to the Platform.

Once we review and accept information you provide and you are registered, an account will be open for you on the Platform. You will be responsible for all activities relating to such account. You are responsible for log in information, such as password, to your account and Little Flag shall not be responsible for any loss or damage resulting from use of your account or loss of log in information.

The profile which you upload to the Platform may include personal information such as your name, public email address, biography or other information you provide. Sensitive medical and/or personal information about a Beneficiary may also be posted at the Platform. Since the Platform is assessable by others using the Platform, when you upload, post or share your content, such as text, music, sound, video, images and other graphics and materials, onto the Platform, anyone having access to them can reproduce, transmit, display and share such content outside the Platform. As such, care and diligence should be exercised and only such information as may be necessary or as authorised by Beneficiaries or copyright owners should be uploaded, posted or shared on the Platform. Little Flags will not be responsible or liable for any claim resulting from disclosure of personal or sensitive information or infringement of intellectual property rights on the Platform or elsewhere.

When you wish to start a Campaign as an Organiser, you must provide a full description of the purpose and reason for the fundraising, its objective, information about the Beneficiary, the Challenge you or the Fundraiser wish to undertake, the duration of the Campaign, as well as the content you wish to place on the Platform. Upon approval by us, the Campaign will be launched on the Platform. Thereafter, you are expected to report regularly on the Campaign for its duration (or extension).

Little Flags reserves the right to modify, temporarily suspend or terminate completely the Services entirely or to a specific registered account in the event that breach of these Terms of Services are not rectified by a registered account holder. After a registered Organiser or Campaign is temporarily suspended or terminated, collected donations (i) may be given to Beneficiaries even if a Campaign or Organiser is suspended or terminated from the Platform and Services or (ii) returned to Donors in Little Flags' sole discretion. Little Flags will not be liable for any claims, loss or damages as a result whether from you or any third party as a result of such modification, suspension or termination.

Code of Conduct

You are solely responsible for compliance with all relevant and applicable law in relations to your actions on the Platform and use of the Services. You are also responsible for all contents uploaded, posted or shared from your account. You agree to cooperate with Little Flags or its representatives in responding to request for information in a timely, accurate, complete and forthright manner so that we may verify your compliance with our Terms of Service. We reserve the right in our sole discretion, to ban a User or an account, remove offending content, suspend or terminate a user account, stop payment to Campaigns related to such User or account and withhold payment of donations for breach of our Terms of Service which we consider appropriate and reasonable. We reserve our right to report violators to law enforcement authorities or otherwise take such appropriate legal action as we deem appropriate.

When using the Platform or the Services, you will not:

  • provide false, inaccurate or misleading information;
  • publish content or Campaigns that are fraudulent, misleading, inaccurate, dishonest or involves dangerous Challenges;
  • take any illegal actions, violate or otherwise fail to comply with relevant laws and regulations;
  • publish, post, upload, or share inappropriate content or material that violates the rights of others or that is abusive, harmful or threatening to others;
  • spread terrorist content, hate speech, or call for violence or discrimination against others;
  • share or use copyrighted works without proper authorisation or otherwise infringe on the intellectual property rights of others;
  • upload software that contains viruses or data designed to interrupt, destroy or limit the functionality of any computer software or hardware or other equipment;
  • violate the privacy of others;
  • engage in any harvesting or collecting of personally identifiable information of others or doxxing.

While we will not intervene in the use of the Platform or the Services except in situations where we reasonably suspect a serious breach of the Terms of Service, we reserve the right to review posted content and other aspect of a Campaign or a donation and take action as we deem appropriate and reasonable.

Any User with relevant and reliable information that an Organiser, Fundraiser, Beneficiary, Campaign or Challenge may be suspicious, abusive, inappropriate, fraudulent, acts unlawfully or in serious breach of these Terms of Service, may file a report to notify us of such concern. Where justified, we will conduct an investigation. If upon investigating, we find the report as valid, we will suspend or terminate the User, Campaign or Challenge in question. Our decision is final.

Should you create a user account for a legal entity, you must have the due legal authorisation from such entity to register on its behalf.

Your account cannot be transferred to someone else or a legal entity. You are solely responsible for the safety of the account data and will be held responsible for all the actions related to such account.

Campaigns

Organisers must undertake that:

  • all information regarding a Campaign or Beneficiary is accurate, complete, and not likely to be misleading;
  • all donations contributed to a Campaign after deduction of financial processor charges and Account Holder's administrative fees, will be used solely as described in the materials that you post or otherwise provide;
  • all Donations will be given to and/or spent on behalf of the Beneficiary;
  • Challenges of a Campaign will not be dangerous or otherwise endanger the life, health and physical and mental wellbeing of participants, any animals or anyone else and will not infringe the rights of others or any animals;
  • you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting and asset disclosures for your Campaign;
  • if others act as Administrators or Fundraisers for any part of the Campaign or participate in a Challenge, you will be responsible for any act or omission of such Administrator or Fundraiser; and
  • to the extent you share with us any personal data of any third party, such as a Beneficiary, for any purpose, including the names, email addresses and personal contact information, you have the authority (including any necessary prior written consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared such personal data with us.

You authorise Little Flags, and Little Flags reserves the right to, provide information relating to you, your Campaign to Fundraisers, Donors, Beneficiary to law enforcement.

Withdrawal of funds

Collected funds for a Campaign may be withdrawn following the completion date of the Campaign.

Organisers may also withdraw funds raised in a Campaign at anytime. However, if an Organiser makes a request for withdrawal of funds, no further donations will be accepted for the Campaign.

When a request is made, collected donations will be deposited with the bank account registered by the Organiser when the Campaign commenced. This may be the account of the Organiser or the Beneficiary. After registration of the bank account, an Organiser may not change the account without justifiable reason. We will not send funds to any third-party account, including those of service providers for the Beneficiary.

We will stop accepting donations when accepted donations exceed the target set by the Organiser at the commencement of a Campaign by twenty percent (20%). For example, if a Campaign sets a target at HK$10,000, we will stop accepting donations when HK$12,000 has been deposited into the Bank Account.

If on the Campaign completion date, the targeted amount is not raised, Organisers have the option to withdraw donated funds or extend the duration of the Campaign. If the Campaign is extended, withdrawal may only be made at the end of the extended period. If a withdrawal request is made before the extended period ends, no additional donations will be accepted once a withdrawal request is made.

If a complaint is reported against a Campaign, Organiser, Beneficiary, Fundraiser or Administrator and the complaint is accepted by Little Flags for investigation, no additional donation or withdrawal of donated funds will be allowed until the investigation is completed and the complaint is dismissed. If Little Flags considers the complaint as valid, we will notify Donors and financial processors, as applicable, and donations will be refunded to Donors using the same process as the making of the donation. Where a financial processor is used, administrative charge may be deducted by the financial processor in the amount of refund returned to Donors. Donor should check with financial processors prior to using their services for handling donations.

General Disclaimer

Little Flags has no control over the conduct of, or any information provided by, a User of the Platform or the Services. We will not be responsible for any liability for any content placed on the Platform or its accuracy or any action of a User of the Platform or the Services and we disclaim all such liability to the fullest extent as permitted by applicable law.

We do not endorse any Campaign or User nor do we guarantee that a Campaign will obtain any amount of donation or that it will be successful or will achieve any result whatsoever. We do not represent or guarantee that any donation will be used in accordance with any fundraising purpose described by a Campaign or Challenge or in accordance with applicable laws.

Donors bear sole responsibility for any donation made. Donors are responsible for whether to make a donation to a Campaign. Little Flags is not responsible for any donation, the amounts raised or its use by a Campaign, Organiser, or Beneficiary. We are not responsible for any offers, promises, rewards or promotions made or offered by an Organiser, Fundraiser, Campaign or Challenge. We do not and cannot verify information that Organisers, Fundraisers, Campaigns or Challenges provide on our Platform. Organisers are solely responsible for all aspects of their Campaigns, including Challenges and the acts or omissions of Fundraisers and Administrators for their Campaigns. Little Flags will not be responsible or liable for any claims, loss or damages arising out of or in relations to any Campaign or Challenge, including any activities relating thereto.

Organiser is solely responsible for any content posted on the Platform relating to their Campaign, including any links to third-party websites and activities provided by any user of the Platform relating to the Campaign on their behalf.

Neither Little Flags nor its agents, Account Holder and/or legal representatives is liable for any indirect damages, including financial losses to Organisers for any claim relating to a Campaign.

Little Flags will not be responsible or liable for any loss or damage in the event that the Platform or the Services is delayed or interrupted for any reason whatsoever.

All Users of our Services must register with us and agree to the Terms of Service in order to be able to benefit from our services. If Little Flags or Account Holder at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or applicable law, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party service providers is integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

Organisers are responsible to determine what, if any, taxes apply to the donations received through the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Modifications to Services: Little Flags reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Little Flags will retain data relating to any account or Campaign only for as long as is required by relevant law, regulation or pursuant to ours recordkeeping policy. Little Flags reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

Intellectual Property Rights

The "Little Flags" name and logo are trademarks held by Little Flags. Nothing in these Terms of Service should be construed as granting any right or license to the use of any such trademarks unless specifically authorised by us. All goodwill attached or which shall become attached to the trademarks in connection with the Campaigns shall inure solely to Little Flags' benefit.

Under no circumstances will Little Flags be liable in any way for any content or materials of any third parties or any content posted by Users on any Campaign. Little Flags does not pre-screen such content which is the sole responsibility of Organisers and therefore, Little Flags will not be liable for any claim, loss or damage of any kind incurred as a result of the use of any such content by anyone. Organisers shall defend and indemnify Little Flags for any claim, loss or damage resulting from the use of such content.

Organisers verify that they own all right, title and interest in and to, or otherwise have all necessary rights and consents to copyright, trademark and any other intellectual property right of content posted in relations to the Campaign including the right to upload and share such content. Organisers further grant Little Flags, its affiliates and users of the Platform a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use such content, including the name, image or likeness of any person shown, in connection with the operation of the Services or promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

Indemnity

You shall indemnify, protect and save Account Holder, Little Flags and their representatives harmless from all claims, demands, suits or actions (including legal advisors' fees incurred in connection therewith) that may be asserted against Account Holder, Little Flags or their representatives relating to (i) any alleged or actual, direct or contributory infringement of intellectual property rights, arising from the use of the Platform and Services relating to your Campaign or donation, (ii) acts of negligence or willful conduct by the Organiser, Fundraiser or Donor or their representatives or (iii) your breach of these Terms of Service. These indemnification obligations shall continue in full force and effect notwithstanding the termination of your account or use of the Platform or Services.

Disclaimer of Warranties

Little Flags does not represent that your use of the Platform or the Services will be secure, timely, un-interrupted or error free, or that the Platform or the Services will meet your requirements or that all errors on the Platform or in the Services will be corrected or that the system that makes the Platform available will be free of viruses or other harmful components or the Platform will operate in combination with any hardware, software, systems or data used by you or the operation of the Platform will be secure or that Little Flags and a third party vendors will be able to prevent third parties from accessing your data or your confidential information, or any errors will be corrected or any stored personal data will be accurate or reliable. There is no warranty or condition, express or implied, including without limitation, those of merchantability or fitness for a particular purpose. The Platform and the Services are provided to you on an "as is" and "as available" basis. You assume all responsibility for determining whether the Platform or the Services or the information generated or provided thereby is accurate or sufficient for your purpose.

Limitation of Liability

You expressly understand and agree that, to the fullest extent permitted by applicable law, neither Little Flags nor its affiliates will be liable for any

  • indirect, incidental, special, consequential, punitive or exemplary damages
  • damages for loss of profits
  • damages for loss of goodwill
  • damages for loss of use
  • loss or corruption of data, or other intangible losses (even if little flags has been advised of the possibility of such damages)

whether based on contract, tort, negligence, strict liability or otherwise, resulting from

  • the use or inability to use the Platform or the Services
  • the cost of procurement or substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform or the Services
  • promotions and related prizes or rewards made available through the Platform or the Services
  • unauthorised access to or alteration of your transmissions or data
  • statements or conduct of any third party on the Platform or
  • any other matter relating to the Platform or the Services.

To the fullest extent permitted by applicable law, in no event will Account Holder or Little Flags' total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed the amount of HK$100.

DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to these Terms of Service, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.

TERMINATION

You agree that Little Flags, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Platform and the Services and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

PRIVACY POLICY

At Little Flags, we respect the privacy of our users. For details please see our Privacy Policy. By using the Platform or the Services, you consent to our collection and use of personal data as outlined therein.

 

Updated last on: 28th June 2021