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Terms & Conditions


Introduction

It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.

Legal Agreement

All visitors (“user”, “you”, “your”) to the Card & Caboodle website at www.CardandCaboodle.com.au (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and Card & Caboodle Pty Ltd ACN 006 675 252 (“Card & Caboodle”, “we”, “us”, “our”) and use of this website indicates acceptance of this agreement.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Card & Caboodle or by displaying information about the changes on our home page, or both. Either way, your continuing use of the Card & Caboodle website will be taken to be acceptance of the new terms.

Members

A user can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select an email account and password when registering to become a member. You can choose to become a member or checkout as an anonymous guest. Card & Caboodle reserves the right to refuse any person that it decides at its sole discretion from becoming a member.

We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.

Passwords

You are responsible for actions made on the website using your password, including any products purchased or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

Purchasing a product on Card & Caboodle

Users can purchase products on the Card & Caboodle website using a valid credit card.

You do not have to be a member to purchase a product.

The price you pay is fixed at the time of ordering.

You may not cancel an order once it has been submitted.

It is the customer’s responsibility to ensure the product delivery address is correct. Card & Caboodle takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

Card & Caboodle may cancel orders

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and the customer’s credit card has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer’s credit card for the amount in question.

Delivery

Delivery will be made by postal or courier service and will be paid for by the customer at the price indicated at time of purchase. Card & Caboodle will also charge a handling fee, which will vary depending upon the size and price of the product. Please see our delivery policy for more information.

Damaged Goods

If a product is delivered to a customer and is damaged in some way (for example, a framed print has cracked, or there are loose or torn pages in a book) Card & Caboodle will happily issue a refund or replacement copy of the product.

Please email Card & Caboodle customer service immediately and return the damaged product(s) to us within 7 days of receiving the product. We will arrange to credit your credit or debit card or arrange for a new product(s) to be sent to you at our cost. Please see our returns policy for further information.

Specific warnings

You must ensure that your access to this website and the Card & Caboodle service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the Card & Caboodle service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Card & Caboodle service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Card & Caboodle service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.

Intellectual Property Rights and license

All intellectual property rights in this website and the Card & Caboodle service (including the software and systems underlying the Card & Caboodle service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:

  • use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

  • commercialize any information, products or services obtained from any part of this website,

without our written permission.

Trade marks

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

Linked websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the Card & Caboodle service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Card & Caboodle service or these websites will be uninterrupted.

You acknowledge that the Card & Caboodle service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods:

    • the replacement of the goods or the supply of equivalent goods;

    • the repair of such goods;

    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or

    • the payment of the cost of having the goods repaired; and

  2. if the breach relates to services:

    • the supplying of the services again; or

    • the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Privacy policy

Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information through the use of secure socket layer technology (SSL certificate), however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

This agreement is governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Arbitration

Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.