Terms & Conditions

Last updated: April 14, 2024

Agreement

These Terms and Conditions, together with our Privacy Policy and Returns Policy, apply to your use of Cardly’s ("we", "our" or "us") website located at https://www.cardly.net ("Site").

By browsing or using the Site, you agree that these Terms and Conditions, together with our Privacy Policy and Returns Policy (collectively, the "Agreement") are binding on you and an agreement is formed between us and you. If you do not agree with the terms of the Agreement, you must not access, browse or use this Site and refrain from making an Order.

1. Interpretation

In this Agreement:
1. "Agreement" has the meaning in clause 1.2;
2. "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
3. "Business Day" means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Queensland, Australia;
4. "Business Customer" means a business that has applied to an account via https://www.cardly.net/business/signup and has had such account approved and authorised by Cardly.
5. "Consumer Guarantee" has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
6. "Customer" means the person or legal entity issuing a valid Order;
7. "Delivery Cost" means the costs associated with delivery and handling of Products or Services as specified in an Order, including, without limitation, transport, freight or shipping charges, insurance costs, import and export taxes and duties;
8. "Intellectual Property" means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, patent applications, patentable inventions, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information, including modifications and improvements to same;
9. "Material" means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
10. "Order" means an offer made by a Customer on, or via, the Site in accordance with the terms of this Agreement;
11. "Privacy Policy" means our privacy policy available at https://www.cardly.net/privacy-policy;
12. "Products" means the products, goods or items listed or advertised on the Site for sale or otherwise;
13. "Services" means the services listed or advertised on the Site for sale or otherwise;
14. "Site" means the website located at https://www.cardly.net;
15. "you" or "your" means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer or Business Customer.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

2. Site Use

To become a member of the Site you must open a membership account with us ("Account") by providing your name, a valid email address and nominating a password ("Password"). By purchasing any of the Products and Services listed or advertised on the Site, you automatically open an Account. Account registration is free. If you do not provide accurate and complete details we may not be able to activate your membership, supply Products or provide the Services to you. You agree to keep your Account and membership details current at all times by updating these details via your Account on the Site or by contacting us at support@cardly.net.
You will receive an email confirming registration with us shortly after you have created your Account via the Site.
You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time.
You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
You represent, warrant and agree that you will not:
1. Post unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable User Content;
2. Post any sexually explicit User Content;
3. Use language or user conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
4. Post any unsolicited or unauthorised advertising, "spam," or junk mail, including "chain messages" and "pyramid schemes";
5. Submit any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property;
6. Post User Content originally posted by another user without permission or attribution;
7. Submit User Content designed to deceive or trick a user of the Site;
8. Submit material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
9. Supply unauthorised private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
10. Submit any misleading, inaccurate or false personal information;
11. Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
12. Create an account, post or upload any content if the person is not over 13 years of age;
13. Use or attempt to use another user’s account without their authorisation or Cardly;
14. Modify, adapt, hack or emulate the Site;
15. Use any interface not provided by us to access the Site or to extract data;
16. Develop any third-party applications that interact with User Content or the Site without our prior consent;
17. Avoid or attempt to avoid any filtering, security measures or other features designed to protect the Site or third-parties;
18. Infringe upon/violate the rights of Cardly, our users or any third-party; or
19. Permit viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service.
You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable cause and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.

3. Legal Capacity

You must be eighteen (18) years of age or over to register as a member of the Site or to Order and/or purchase Products or Services on, or via, the Site. If you are under the age of 18 years ("Minor"), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to create an Account in accordance with clause 4.3 of this Agreement. If you are found to be a Minor, we are entitled, at our absolute discretion, to cancel or terminate any Order and/or purchase of Products or Services made on, or via, the Site.
Any Order and/or purchase made by you using this Site and your continued use of the Site is an acknowledgement by you that:
1. you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account; and
2. you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.
If you are a parent or guardian permitting a Minor to create an Account, you agree to:
1. exercise supervision over the Minor’s use of the Site;
2. assume all risks associated with use of the Site as outlined in this Agreement;
3. ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
4. assume all liabilities resulting from the Minor’s use of our website and their Account;
5. ensure the accuracy and truthfulness of all information submitted by the Minor;
6. provide the consents contained in this Agreement on behalf of the Minor.
We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use this Site.
We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.

4. Pricing

All prices listed on the Site are in Australian Dollars, US Dollars, Great British Pounds, Euros, New Zealand Dollars, Canadian Dollars and include tax (where applicable or otherwise specified). Pricing includes standard postage (unless otherwise specified).
All prices displayed on the Site are subject to change without notice and we reserve the right to correct, to the maximum extent permitted by law, any errors published on the Site. Prices for items in an Order are those set out in your Order once that Order has been confirmed and accepted by us in writing. Subsequent price changes either up or down will not be retroactively applied to confirmed and accepted Orders unless we have agreed otherwise in writing.
Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount. We may withdraw such discounts at any time at our absolute discretion.
You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.
International Delivery Costs do not include insurance or any taxes or duties which may be applied by customs at the destination country, and any duties or taxes incurred are the responsibility of the person who placed the Order. Where withholding taxes apply to any Order, we reserve the right to gross-up such Order so that we receive the same amount as if withholding taxes had not applied, and Customer will pay the additional amounts associated with such withholding taxes as a precondition of us fulfilling the relevant Order.
In accordance with Australian export regulations we are required to declare the exact value of all items and identify the Order as dutiable "merchandise". We are also prohibited by law from identifying an Order as a "gift" for export purposes, even if you have placed the Order with the intention of delivery to a gift recipient.
To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer or Business Customer.

5. Product Specifications

Although we endeavour to provide accurate and complete information on the Products and Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.
Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products or Services on the Site are not included.
All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only.

6. Orders

You may place an Order by completing the Order form on the Site and clicking the "confirm" button.
An Order is not accepted and legally binding on us until we confirm by email (to your nominated email address as listed in your Account) that:
1. payment has been received for the Order, the Delivery Costs and all other applicable fees, taxes and charges; and
2. the Order has been processed.
To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us, unless as otherwise set out in clause 6.10.
We operate an online business and we will communicate with you and visitors to our Site who make an enquiry primarily via email. It is your responsibility to therefore ensure that the correct contact details are provided and that the nominated email address is regularly checked for correspondence.
Each Order (once confirmed and accepted by us in writing) represents a separate agreement between the parties (and each separate Order placed by you on, or via, the Site will be subject to this Agreement).
We reserve the right, at our absolute discretion, to:
1. refuse to sell or to cancel Orders from Customers that request commercial quantities of Products or Services; or
2. reject and/or cancel your Order at any time prior to dispatch of the Products, or the provision of the Services, to you.
If an Order has been cancelled, refused or cannot be met due to unavailability of Products and/or Services, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable to the account from which payment was made. You will be provided with email acknowledgement of the cancellation and refund.
We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to our internet connections or our computer systems.
Where you have provided an incorrect or incomplete delivery address for your Order and your Order is returned to us, we may redeliver the Order at your request and charge a redelivery fee for each subsequent delivery attempt.
We do not guarantee the availability of any Products or Services displayed or ordered on, or via, the Site.
After ordering online, you will receive an email confirmation from Cardly containing an order reference and order details. However, on account of the email communication and the various filters that mail systems use, we cannot guarantee receipt of the order confirmation email. If you have email whitelisting functionality, please add the Cardly email address support@cardly.net to ensure emails are not sent to junk mail.
Our products are delivered by USPS within the USA, Royal Mail within the UK, Canada Post within Canada and Australia Post within Australia. We post to European countries from the UK and to Asia Pacific countries from Australia.
You may receive multiple deliveries for your order and these are described at the point of checkout.

7. Payment

You can pay for your Order using any of the methods specified on the Site. A surcharge may apply to payments made by credit card or third party payment providers depending on the credit card or service used. We will notify you of such surcharge at the time of payment.
You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.
This clause applies if you are using Stripe. Payment processing services for Orders and/or Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By placing an order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
Customers must provide their exact billing address and telephone number to our credit card processor - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your Order.

8. Gift Cards

You are responsible for the use, safety and security of your Gift Card. Gift Cards should be safely stored and secured by you as if they were cash. Do not share your Cardly account with anyone. If you believe your account has been compromised please contact us at support@cardly.net as soon as possible so we can put a hold on your account. If someone has already spent your Gift Card, code and/or voucher unfortunately we are unable to assist you.
We have no obligation to replace or refund value for lost, stolen, damaged or deleted Gift Cards except where we have breached any condition or warranty implied under the Australian Consumer Law that cannot be excluded in these terms and conditions.
Our Gift Card Terms of Sale set out in clause 10 apply when you purchase Gift Cards from Cardly. These are subject to change at any time at our discretion, and so the Terms of Sale should be reviewed each time a purchase is made.

9. Gift Cards Terms Of Sale

Cardly is a re-seller of digital Gift Cards. We do not re-sell plastic Gift Cards. To use this service you need to create an account with Cardly or checkout as a guest. To buy a Gift Card, code and/or voucher you will need to use a valid VISA, MasterCard or American Express. Access to Cardly is provided with your email.
Features include (but are not limited to) buying, sending and redeeming Gift Cards. Cardly processes payment transactions on your behalf each time a payment is made. We use a third party processor; we do not hold any financial information or credit card details. Cardly provides users with a platform to purchase digital Retailer Gift Cards. The issuer of the Gift Card is the Retailer for the applicable Gift Card and the terms governing use of such card as set out on our Site for such Retailer Gift Card and the relevant Retailer’s website is deemed incorporated by reference into this Agreement.
Each time you send a Gift Card and the Gift Card has been posted and redeemed, Cardly no longer accepts responsibility for this Gift Card, code and/or voucher. If you have entered the wrong mailing address and the Gift Card has already been redeemed we are unable to assist with this request.
If chosen, it is possible to send a Gift Card and allow the recipient to swap for Retailer Gift Card(s) of their choice to the equal value of the original Gift Card. The redemption of a Gift Card is valid for 3 years. By swapping the Gift Card for another Retailer Gift Card, the user agrees to the Gift Card Terms and Conditions set by the Retailer. Please check Retailers’ Terms and Conditions before you perform the swap. Once a Gift Card has been swapped or partially swapped, it cannot be reverted back to the original Gift Card.
In no instance can a Gift Card, Retailer Card, swapped Gift Card or Gift Card balance be refunded or redeemed for cash.

10. Gift Card Account

When redeeming a Gift Card we will automatically create an account for you. This is where all your Gift Cards are stored and where you can check balances of Gift Cards, view Retailer terms and conditions and Redeem your Gift Cards.

11. Redemption of Gift Cards

To redeem a Gift Card you must first navigate to https://www.cardly.net/redeem and pass the required security checks and validation. Upon completion the chosen retailer gift card will be emailed and added to your account.
To redeem the retailer voucher follow the instructions provided.
To redeem in store, print out or store the gift card PDF on your device. Simply present the print out or the PDF on your device to the retailer at the time of purchase.
To redeem online, at checkout, on the retailers website, paste the code from the Gift Card into the designated code area on that Retailers website. Please note: not all Retailers Gift Cards are available for purchasing their respective goods online. Please check each Retailer’s Terms and Conditions before you purchase a Gift Card.

12. Business Customers

This clause 13 only applies if you are an approved Business Customer.
To be viewed as a Business Customer and offered access to a business account the following process applies:
1. please submit your details to https://www.cardly.net/business/signup; and
2. Cardly will review your application, and notify you of the outcome of our review.
We reserve sole and exclusive right to determine Business Customers.
Business Customers will be offered the ability to purchase credits which will allow them to pre-pay for Products at the rates notified by Cardly at the time of purchase ("Credit").
Each Credit can be used by a Business Customer to Order a single card or a single letter offered as a Product on the Site and, unless otherwise notified by Cardly, includes the cost of postage of such single item to the US, UK, CA or AU.
A Credit includes the cost of artwork supplied by Cardly or its third party artists, unless otherwise notified.
Once used to Order a Product, the used Credit expires.
To the maximum extent permitted by law, Credit:
1. are only valid for 12 months from date of purchase and any unused Credit will expire on the first anniversary of their purchase date;
2. will not be refunded by Cardly; and
3. are not transferable, nor redeemable for cash.
Where a Business Customer has insufficient Credit to complete an Order, the cost of such Orders will be the full price advertised on the Site.
Business Customers will be offered the ability to purchase gift credits which will allow them to pay for gift cards at the rates notified by Cardly at the time of purchase ("Gift Credit").
Gift Credit can be used by a Business Customer to Order gift cards on the Site and, unless otherwise notified by Cardly.
Gift Credit has the same momentary value as the Business Customer’s currency of choice.
Once Gift Credit is used to Order a gift card, the used Gift Credit expires.
To the maximum extent permitted by law, Gift Credit:
1. is only valid for 12 months from date of purchase and any unused Gift Credit will expire on the first anniversary of their purchase date;
2. will not be refunded by Cardly; and
3. is not transferable, nor redeemable for cash.
Where a Business Customer has insufficient Gift Credit to complete a gift card order, the cost of such orders will be the full price advertised on the Site.

13. Subscriptions

Business Customers will be offered the ability to subscribe to extra features and functions at the rates notified by Cardly at the time of purchase ("Subscriptions").
To the maximum extent permitted by law, Subscriptions:
1. are only valid for the period of subscription;
2. will not be refunded by Cardly; and
3. are not transferable, nor redeemable for cash.
The term of Subscription shall automatically renew for the same term period as the term indicated when purchased, unless the Business Customer notifies Cardly of their intent not to renew prior to the expiration of the then-current term.
Upon termination of a Subscription, the Business Customer shall no longer access the features and functions of the Subscription and shall not circumvent any security mechanisms contained therein.
One Subscription is required per Business Customer account

14. Address Validation

A Business Customer can request Cardly to validate addresses if they have a current Subscription and the relevant Subscription tier ("Address Validation").
Cardly uses best endeavours to validate the accuracy of addresses provided by a Business Customer and that validation is reliant on external data source and 3rd parties.
It is the responsibility of the Business Customer to review the results of Address Validation and perform additional validation where Cardly is unable to determine a final address.
Address Validation must not be abused and Cardly reserves the right, to the maximum extent permitted by law, to prevent abuse and excessive use of Address Validation. This includes, but is not limited to, placing limits on the Address Validation usage.

15. File Storage

A Business Customer can request Cardly to transfer and store their data via a file transfer function if they have a current Subscription and the relevant tier ("File Storage").
Data stored using File Storage remains the property of the Business Customer.
The Business Customer can delete data stored via File Storage at any time at their discretion.
Cardly uses best endeavours to store and secure File Storage data using encryption.

16. Credit Expiry Extension

A Business Customer’s credits will extend beyond the limits detailed in clause 12.8(a) if they have a current Subscription and the relevant tier ("Credit Expiry Extension").
A Business Customer must maintain a continuous Subscription at the relevant tier to qualify for a Credit Expiry Extension.
A period of 1 month after a Subscription has expired will be provided as a grace period to re-enable the Subscription and continue to extend credits from their original expiry.

17. Gift Credit Recovery

A Business Customer can recover an agreed percentage of the original Gift Credit used for gift cards that are not redeemed after 18 months if they have a current Subscription and the relevant tier ("Gift Credit Recovery").
A Business Customer must maintain a continuous Subscription at the relevant tier to qualify for a Gift Credit Recovery.
The percentage of Gift Credit recovered, is the percentage outlined in the relevant subscription tier, and is multiplied against the original value of Gift Credit used in the original purchase.
Gift Credit recovered will be added back to the Gift Credit of the Business Customer. Gift Credit is not transferable, nor redeemable for cash.

18. White Glove Support

A Business Customer is able to access and receive support using Cardly if they have a current Subscription and the relevant tier ("White Glove Support").
White Glove support will include support with artwork, templates, contact lists, campaigns, automations, user management and other support as requested. Cardly will actively perform tasks as requested, assist with training and other types of support that are reasonable.
Support will be provided during Business Hours.
Support requests from Business Customers with White Glove Support will be responded to in no less than one business day.
White Glove Support must not be abused and Cardly reserves the right, to the maximum extent permitted by law, to prevent abuse and excessive use of White Glove Support. This includes, but is not limited to, placing limits on the hours of support provided.

19. US Mail Tracking

A Business Customer is able to see where US mail is within the delivery process if they have a current Subscription and the relevant tier ("US Mailing Tracking").. This includes whether the item has entered the mailstream, which location the item was last processed in and estimated delivery dates.
US Mail Tracking is supported by a USPS service known as Intelligent Mail.
US Mail Tracking is only available within the US if products are sent via USPS.
Cardly has no control over USPS or the quality, accuracy, reliability of the data provided by the Intelligent Mail service.
US Mail Tracking is only available with a current Subscription and the relevant tier and where barcodes have been enabled. If barcodes are not enabled, no tracking will be provided.
US Mail Tracking will not work if barcodes are damaged or unreadable after Cardly has posted the products and they have entered the mailstream.

20. US Automatic Address Corrections

Cardly can provide change-of-address and undeliverable-as-addressed information directly to the Business Customer if they have a current Subscription and the relevant tier ("US Automatic Address Corrections").
Where a known change of address has been provided, Cardly will update the Business Customer’s records to reflect the new address, as well as provide this information to them to update their own CRM.
For undeliverable mail, Cardly will note the attempted delivery address and the reason indicated for non-delivery, where possible.
US Automatic Address Corrections is supported by a USPS service known as ACS.
US Automatic Address Corrections is only available within the US if products are sent via USPS.
Cardly has no control over USPS or the quality, accuracy, reliability of the data provided by the ACS service.
US Automatic Address Corrections is not a guaranteed service and is provided by a third party. A Business Customer may still receive returned mail.
US Automatic Address Corrections is only available with a current Subscription and the relevant tier and where barcodes have been enabled. If barcodes are not enabled, no tracking will be provided.
US Automatic Address Corrections will not work if barcodes are damaged or unreadable after Cardly has posted the products and they have entered the mailstream.
US Automatic Address Corrections must not be abused and Cardly reserves the right, to the maximum extent permitted by law, to prevent abuse and excessive use of US Automatic Address Corrections. This includes, but is not limited to, placing limits on the service.

21. UAA Mail Secure Destruction

Cardly can automatically and securely destroy the item with certified providers where undeliverable mail is encountered for the Business Customer if they have a current Subscription and the relevant tier ("UAA Mail Secure Destruction").
UAA Mail Secure Destruction is supported by a USPS service known as Secure Destruction.
Cardly has no control over USPS or the quality, accuracy, reliability of the Secure Destruction service.

22. Signatures & Handwriting

Cardly can convert a Business Customer’s Signatures & Handwriting for use on the Site if purchased, credited to their account or qualified for as a bonus with a current Subscription and the relevant tier.
Uploading, posting, transmitting or otherwise making available a Signature or Handwriting is subject to Clause 28.3
Credits for Signatures & Handwriting are non transferable are not transferable, nor redeemable for cash.

23. Minimum Discount

Business Customers can access a minimum discount on the purchase of Credit subject to having a current Subscription and the relevant tier ("Minimum Discount").
A Business Customer is only qualified for the Minimum Discount tier whilst they have a current and valid Subscription or until they have purchased enough Credits to qualify for the discount outright.
If a Business Customer does not qualify for the Minimum Discount and no longer have a valid Subscription their discount will revert to the level that they do qualify for based on their Credit usage.

24. QR Code Reporting

Business Customers can choose to add personalised QR codes to the products they send and the scanning of these QR codes will be tracked via reporting on the Site.
QR codes scans and their reporting is subject to product delivery and being scanned by recipients.
Cardly makes no guarantee about the accuracy of reporting.

25. User Management / Access Control

Business Customers can invite other users to access their account using controls made available on the Site.
Access and control of the account remains the responsibility of the Business Customer.
The Business Customer is responsible for all data, site usage and actions taken by users they give access to the Site.
The Business Customer is responsible for training their users.
The Business Customer is responsible for providing and removing access for their users.
The Business Customer and their users are subject to all terms and conditions of this agreement.

26. Delivery and Ownership of Products

We will use reasonable endeavours to ensure that all Products or Services are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.
Delivery Costs will vary depending on the Order you have made, the method of delivery, the location for delivery and any taxes or duties that may be charged in relation to delivery of the Order.
Orders, Delivery Costs and all applicable fees and charges must be paid in full before delivery can be made.
You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced parcels or for delivery of any Order to an unintended recipient as a consequence of incorrect details.
You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature:
1. any and all included insurance cover (if any) will be voided; and
2. title and risk in the Products pass to the Customer on delivery of the Products to Customer’s nominated delivery address.
The nominated courier will deliver the Products on a Business Day.
We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with our nominated courier company in relation to date of delivery and to make themselves available to take delivery at the nominated time for delivery. Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.

27. Refunds and Returns

Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the "Acts") where to do so is unlawful.
To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.
To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Products or Services purchased by you on, or via, the Site where:
1. the Products are damaged through misuse, accident or abnormal use; or
2. the Australian Consumer Law or any manufacturer’s warranty does not apply.
Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.
Please see our Refund Policy for further details about our returns and refund practices.

28. Intellectual Property

You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
You may access and use the Site (including Intellectual Property Rights contained therein) for your personal and non-commercial use only unless otherwise agreed by us in writing. You must not:
1. Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Site, Services or the Cardly Content;
2. Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Site, Services or Cardly Content;
3. Modify, alter or otherwise make any derivative uses of the Site, Service or the Cardly Content, or any portion thereof;
4. Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Site, Services or Cardly Content;
5. Use any data mining, robots or similar data gathering or extraction methods;
6. Download (other than page caching) any portion of the Site, Services or the Cardly Content, except as expressly permitted via the Services and
7. Use the Site, Services or the Cardly Content other than for their intended purposes.
8. Designs are the intellectual property of artists. We do not own or claim to own the Intellectual Property for these designs.
By uploading, posting, transmitting or otherwise making available any content or material via the Site ("Your Content"), you:
1. grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form;
2. consent to us, our assignees, successors in title and any person authorised by us carrying out any activity, including any acts or omissions to act, in respect of the Your Content, the performance or non
3. performance of which would otherwise infringe your moral rights; ; and
4. represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the
5. Site and our use of the Your Content will neither violate these Terms nor violate any rights of, or cause injury to, any person or entity.
We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.
"Cardly" is a registered trademark. "Cardly", the logo and any other Cardly product or service names are Cardly’s intellectual property and may not be copied, imitated or used, whether in whole or part, without the prior written consent of Cardly. All other trademarks and names mentioned in the Service are the property of their respective owners and cannot be used without the permission of the relevant holder.

29. Linking to the Site

You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Site from any website that is not owned by you.
This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.

30. Indemnity

You agree to indemnify us and our officers, directors, employees, agents, advisors and contractors (collectively, the "Indemnified") and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with:
1. your access to or use of, the Products, Services, Materials or the Site; or
2. any breach by you of this Agreement.

31. Liability

To the maximum extent permitted by law, we exclude liability for any and all:
1. conditions, guarantees or warranties expressed or implied by law; and
2. any liability to you or to any third person however arising (and whether arising under statute, contract, equity, tort, under an indemnity or otherwise) for:
  1. any personal injury or death to you or any third person;
  2. for any special, direct, indirect or consequential loss or damage; or
  3. loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of, or corruption of, data, loss of use, loss of privacy or loss of goodwill),
  under, or in connection with, this Agreement or in connection with access and/or use of the Material, the Site, or any Products or Services Ordered on, or via, the Site, and even if Cardly has been advised of the possibility of such loss or damage.
Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability to you for all actions and claims under, or in connection with, this Agreement exceed the value of the Products or Services Ordered by you on, or via, the Site in the 6 months prior to the most recent action or claim. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us may be subject to correction at any time without any liability on our part.
We will not be liable for any failure or delay in performing any of our obligations under this Agreement if such failure or delay is caused by circumstances beyond our control, including but not limited to failure of, or interruption in, the provision of essential services such as electricity supply, bank payment systems or postal or delivery services or for any act or omission by you or any third party.

32. Privacy

We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

33. General

We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site. Your continued use of the Site following such amendment of the Agreement will represent an agreement by you to be bound by the Agreement as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our authorised third parties.
Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
Any provision of this Agreement which is void or unenforceable may be severed from this Agreement or read down without affecting the enforceability of other provisions and such provision will be deemed to be restated to reflect the original intentions of this Agreement as nearly as possible in accordance with applicable law.
A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
This Agreement is governed by, and must be construed according to, the laws of Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
All parties to this Agreement are independent contractors, and this Agreement will not be construed as constituting either party as partner, joint venturer or fiduciary of the other or to create any other form of legal association that would impose liability on us for your, or a Customer’s, acts or failures to act or as providing you or any Customer with the right, power or authority (express or implied) to create any duty or obligation on us.
This Agreement (including any schedules or exhibits referred to and attached, each of which is incorporated, as applicable, by this reference for all purposes) constitute the full and complete statement of the agreement of the parties with respect to the subject matter and supersedes any previous agreements, proposals, understandings or communications, whether written or oral, relating to such subject matter.

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