Cardly Terms of Service

Last updated: October 27, 2015

Cardly provides you with access to Cardly.net subject to the following terms of service. If you access, visit or shop on Cardly.net, you accept these terms of service. Please read them carefully.

1. Privacy

  1. Use of this website is subject to our Privacy Policy. Our Privacy Policy can be viewed here.

2. Electronic Communications

  1. By placing an order online, you consent to receiving emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfillment and delivery updates.
  2. You consent to receive communications from us electronically. We will communicate with you by email. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Your Account

  1. You must provide accurate and complete information about yourself when requested by a form on this website.
  2. You are responsible for maintaining the confidentiality and security of your account and computer. All activity made under your account is your responsibility.
  3. Persons under the age of 18 may only use our website with the involvement of a parent or guardian.
  4. You agree to indemnify Cardly from any loss or damage to Cardly arising from your use of the website and any breach by you of these Terms of Service.
  5. Under no circumstances (including but not limited to any act or omission on the part of Cardly) will Cardly be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.

4. Placing of Orders

  1. In certain circumstances, we may need to reject your order, including but not limited to where requested product is not available or if there is an error in the price or the product description posted on the website.
  2. If we reject an order placed through the website, we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
  3. Each order placed for products through the website that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these Terms of Service and send you an email confirmation of that order.

5. Payment Methods

  1. We accept most major credit cards including Visa, MasterCard and American Express. We accept PayPal.
  2. Please be sure to provide your 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.
  3. Your credit card or PayPal Account will be billed as soon as your order is placed and you will be emailed a confirmation as soon as you complete your online order. This is done to protect the security of your credit card details, as as we do not store your card details at any point.
  4. In the event that we cannot fulfill your order or some items cannot be shipped, we will refund the difference back to your credit card or PayPal Account. These refunds may take several business days to appear on your statement.
  5. All transactions are settled in Australian Dollars (AUD), Pound Sterling (GBP) or United States Dollars (USD).

6. Delivery of Products

  1. 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 orders@cardly.net to ensure emails are not sent to junk mail.
  2. Our products are delivered by USPS within the USA, Royal Mail within the UK and Australia Post within Australia. We do not currently deliver to other areas.
  3. You may receive multiple deliveries for your order and these are described at the point of checkout.
  4. The shipping fee for your order depends on the option chosen at checkout. In most cases shipping is included in the quoted price.
  5. You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered, the delivery service will leave written instructions on how you can collect your order from the nearest post office.

7. Intellectual Property

  1. All material on this website and that subsisting under it (including but not limited to text, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
  2. All other trademarks not owned by Cardly or its related companies that appear on this website are the property of their respective owners.
  3. You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information on the website without our express written consent.
  4. You may not in any way commercially exploit any material obtained from the website.

8. Warranties and limitations of liability

  1. This website is provided "as is" and Cardly excludes all warranties of any kind to the fullest permissible by law. Cardly does not guarantee the accuracy or completeness of the website, any information or content on it, or that it is free of defects or viruses.
  2. To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you.
  3. Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.

9. Website Availability

From time to time downtime, either scheduled or unscheduled, may occur. Cardly will work within reason to ensure the amount of downtime is limited. Cardly will not be held liable for the consequences of any downtime.

10. Returns & Exchanges

Please contact us using the details below to discuss a return or exchange.

11. General

  1. In these Terms of Service:
    1. We, our or us, Cardly.net and Cardly means Cardly Pty Ltd ACN 605 282 255 and includes its related companies, directors, employees and agents;
    2. You or your means the person or customers using the website;
    3. Website means Cardly.net.
  2. We reserve the right to revise these Terms of Service, our Privacy Policy and any other website terms of service (including but not limited to terms and conditions of purchase) by publishing amended Terms of Service (or relevant material) online. We are under no obligation to provide you with notice of updated materials.
  3. These terms shall be governed by and construed in accordance with the laws of Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Australia, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
  4. Any failure by Cardly to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
  5. These Terms of Service will be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such law or is not invalid. If this is not possible, the term will be severed from these Terms of Service without affecting the validity of the remaining terms.
  6. These Terms of Service and our Privacy Policy consist of the entire agreement between us and you as regards the subject matter.

12. 3rd party licences & attribution

The Cardly website was made possible through the use of the following 3rd party software components:

Contact us

Any queries about these Terms of Service, our Privacy Policy, or other policy related material can be directed to our support staff by emailing support@cardly.net.