Terms & Conditions

Last updated: April 14, 2022

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. You agree that you will not use the Site or Service for any unlawful or otherwise prohibited activity.
   
4. Persons under the age of 18 may only use our website with the involvement of a parent or guardian.
   
5. 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.
   
6. You agree to notify Cardly if you discover or suspect that your account has been subject to hacking or unauthorised use by emailing us at support@cardly.net
   
7. By signing into Cardly and creating an account, any misleading, inaccurate or false personal information will result in Cardly reserving the right to de-activate your account and ban you from using our service in the future.
   
8. 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), Canadian Dollars (CAD), New Zealand Dollars (NZD), Euros (EUR) 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, Canada Post within Canada and Australia Post within Australia. We post to European countries from the UK and to Asia Pacific countries from Australia.
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. Gift Cards

Gift Cards should be treated like 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.

Our Gift Card Terms of Sale 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.

13. 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.

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 2 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 redeemed for cash.  

14. 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.

15. Redemption of Retailer Gift Cards

Redeeming in a physical store: To redeem a Gift Card 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.

Redeeming online: At checkout, on the retailers website, paste this 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.

16. Links for Third Party Sites and Services

Any links to other third-party websites that are not owned or controlled by Cardly. Please be aware that we are not responsible for the privacy or other practices of such websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit.

Cardly can provide links to third-party websites, apps, mobile services or other third-party services and may also display, link to or make available third-party content, data, information, events, apps or materials on the Service. This does not indicate that Cardly endorses or controls, or makes warranties or representations of any kind in relation to third-party services or materials. All users are deemed to accept and understand that access to any third party website (including social media) is entirely at their own risk. Cardly takes no responsibility for any legal issues or otherwise that may result from your use of the third-party services of materials, nor the loss, damage or harm that may be incurred as a result of your use of such services. Your access to these services is not governed by Cardly’s terms and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for third-party services are solely between you and the service provider and not Cardly.

17. Intellectual Property and Limited License

Unless otherwise indicated, the Services and all content and other materials are the proprietary property of Cardly or our licensors or users and are protected by Australia, USA, European, Canadian and United Kingdom intellectual property legislation.

Cardly grants you a limited, non-exclusive license to access and use the Services and Cardly content only for the purpose of purchasing, sending or managing Gift Cards or receiving other services under these Terms. The license is subject to these terms and you are not permitted to:

1. Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Cardly Content;
2. Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or Cardly Content;
3. Modify, alter or otherwise make any derivative uses of the 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 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 Services or the Cardly Content, except as expressly permitted via the Services and
7. Use the Services or the Cardly Content other than for their intended purposes.
8. Greeting cards are the intellectual property of artists. We do not own or claim to own the Intellectual Property for these designs. 

Any use of the Services or the Cardly Content other than what is specifically referred to in these Terms of Service is prohibited and any license granted will be terminated. Unauthorised use may also breach intellectual property laws and intellectual property rights. The license is revocable at any time.

18. Trademarks

"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.

19. Repeat Infringer Policy; Copyright Complaints

Cardly has a policy of terminating - in appropriate circumstances and at Cardly’s sole discretion - users who are deemed to be repeat infringers. Cardly may also limit access to the Services and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes upon any intellectual property, which you own or control, a notification may be filed by emailing support@cardly.net If you knowingly misrepresent in your contact with us that the material or activity is infringing, you will be liable for any damages, costs or legal fees incurred by us or the alleged infringer as the result of our relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

20. User Content

The user is solely responsible for all content posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Service ("User Content"). This content must comply with the rules set out below. They do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

We reserve the right to cancel a user account at any time for any reason at our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service content, which falls under any of the following:

If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to support@cardly.net. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether the Terms have been violated and to determine what, if any, action should be taken.

While Cardly does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, Cardly reserves the right to remove, screen or edit any content posted, stored or uploaded onto the Service at any time for any reason without notice. You are solely responsible for backing up your content and replacing any content you post, store or upload onto the Service at your own costs and expense. We take no responsibility or liability for any content.

Other than for feedback provided with respect to the Services, you retain ownership of any content you post, store or upload onto the Service. You therefore allow Cardly and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any manner or media, on or off the Service.

You represent and warrant that you will not use, reproduce, modify, post or upload onto the Service:

1. 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. Any sexually explicit User Content;
3. 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. Posting any unsolicited or unauthorised advertising, "spam," or junk mail, including "chain messages" and "pyramid schemes";
5. Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property;
6. Posting User Content originally posted by another user without permission or attribution;
7. User Content designed to deceive or trick the user of the Service;
8. Material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
9. Private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
10. 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 otherwise represent and warrant that:

1. You own and control all of the rights to the content that you post, store or upload on the Service or that you have the right to make available such content via the Service;
2. The User Content posted, stored or uploaded onto the Service is accurate and not misleading; and/or
3. Cardly’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.

21. User Conduct

You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Service, and you agree that you will not permit anyone using your account to conduct any of the following in connection with the Services:

1. Use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Service or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms of Service;
2. Flag content or report abuse for improper purposes or without good reason;
3. Use the Service for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity;
4. Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
5. Create an account, post or upload any content if the person is not over 13 years of age;
6. Use or attempt to use another user’s account without their authorisation or Cardly;
7. Modify, adapt, hack or emulate the Services;
8. Use any interface not provided by us to access the Services or to extract data;
9. Develop any third-party applications that interact with User Content or the Services without our prior consent;
10. Avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
11. Infringe upon/violate the rights of Cardly, our users or any third-party.

Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with Cardly. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.

22. Feedback

We welcome your feedback. Feedback submitted through the Service or otherwise is non-confidential and becomes the sole property of Cardly. We own the intellectual property rights in and to such feedback, and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.

23. Disputes

For any technical issues with our Service please contact support@cardly.net for us to review the problem. We will take all measures to rectify the issue as soon as possible. Cardly will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process.

Please follow the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made through the use of our Services:

1. Notify Cardly via email at support@cardly.net about the complaint you may have.
2. Cardly reserves all rights to conclude and offer, if warranted and applicable, a reasonable remedy for your complaint. In the event your complaint violates the Usage Policy, the Terms & Conditions for our website, any other policy not herein, or any and all applicable state and federal laws, we will dismiss your complaint and take reasonable action to procure a judgment against you.
3. We have no obligation to resolve any dispute between you and any other recipient or Retailer. Users may resolve a dispute directly with each other or with the applicable Retailer.
4. Cardly reserves the right to cancel any order at any time for any reason, per our discretion.

24. Disclaimers

Cardly is a marketplace that provides users access to Gift Cards offered by third parties. As an intermediary, we are not responsible for the creation or redemption of Gift Cards provided by third parties, nor can we be held responsible for transactions on third party websites. Use of third party logos and trademarks in no way constitutes an affiliation between Cardly and a third party.

You expressly acknowledge and agree that your use of the Service and Cardly content is at your own risk. Cardly disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Service, including any:

1. Implied warranties of merchantability;
2. Implied warranties of fitness or suitability for any purpose; and
3. Warranties of non-infringement or condition of title.

Cardly does not warrant that the functions contained in the Service will be accurate or meet your requirements, that the operation of the services will be uninterrupted or error-free.

25. Indemnification

In your use of the Service, you agree, at your own expense, to defend, indemnify and hold us, our service providers and consultants from any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by or arising out of your use of the Service, your violation of these Terms or any content you post, upload or transmit through the Service.

26. Limitation of Liability

In no event will Cardly be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Service and content contained, including but not limited to the Gift Cards, gift promotions, related products and services (this includes but is not limited to the redeemability of Gift Cards, codes and/or vouchers or gift promotions), user content, Cardly content, third party services and/or materials, however caused, regardless of the liability and even if Cardly has been advised of the possibility of such damages. 

27. Applicable Law

Our Service is subject to the laws of Australia. We make no representations or warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations.

28. Termination of Service

Your account with Cardly and any access to the products and services is and shall remain at the sole and absolute discretion of Cardly. Cardly will reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. In no event will Cardly be held liable for the removal of or disabling of access to any part or feature of the Service.

29. Severability

Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

30. Waiver

Enforcement of the Terms is solely at our discretion and Cardly’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

31. Assignment

Cardly can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Cardly’s successors and assignees. You may not assign these Terms to another person or entity.

32. Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a United Kingdom or United States Government embargo, or that has been designated by the United Kingdom or United States as a "terrorist supporting" country; and (ii) you are not listed on any United Kingdom or United States list of prohibited or restricted parties.

33. 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.