This website is operated by cardsync. Throughout the site, the terms “we,” “us,” and “our” refer to cardsync. cardsync offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2.1 The terms of service (Terms of Service) set forth below apply to all visitors to and users of our Site (whether you are a registered cardsync.com.au application account holder or not, and whether you pay for a subscription to any of our services; or are using our services as a non‑paying user; or on a free trial basis). The Terms of Service govern your use and access to our services, including our website (cardsync.com.au), online and offline applications or application plug‑ins running on any platform or device (Applications), application programming interfaces (APIs), and email notifications (collectively referred to as Services), and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as Content).
2.2 By accessing and using the Service, you signify your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
2.3 In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor, or Application user, and "we," "us," "our," and "cardsync.com.au" refer to CARDSYNC ABN 37 606 031 558.
2.4 If you are entering into these Terms of Service on behalf of a company, partnership, sole proprietorship, or other legal entity, you represent that you have the legal authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or you do not agree with these Terms of Service, you must not use this Site, our Applications, or any of our services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
2.5 OUR SERVICES ARE NOT INTENDED FOR MINORS. YOU AGREE THAT BY USING THE SITE, APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
2.6 cardsync.com.au reserves all rights and final decision in case of dispute.
We may amend the Terms of Service from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Terms of Service periodically. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments. If you do not agree to the Terms of Service, now or at any time, please do not use the Site or any Applications.
These Terms of Service refer to the following additional terms, which also apply to your use of our Services: (a) our Privacy Policy Statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Sydney, Australia, and/or other countries for storage, processing, and use by cardsync.com.au. [As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your cardsync.com.au application account, which you may not be able to opt-out from receiving]; and
(b) our Payment Terms, which set out the additional terms for users of our paid and subscription-based services.
The services of cardsync.com.au include but are not limited to an application for designing profiles, a backend for setting up your account, and displaying your profile.
6.1 Because the Services that we provide are always evolving, their form and nature may change from time to time, and we may not be able to give you prior notice. In addition, we may stop (permanently or temporarily) providing features within the Services to you or to users generally. Wherever possible we will try to provide you with prior warning of a disruptive event.
6.2 We may offer certain Services as closed or open beta services (Beta Service or Beta Services) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that cardsync.com.au will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.
7.1 Passwords (a) To access certain features of our applications and services, you must register for a cardsync.com.au application account. During account registration, you will be asked to provide details, including your email address and a preferred password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You must use 'strong' passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. cardsync.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
(b) We have the right to disable any password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Service.
(c) If you know or suspect that anyone other than you knows your password, you must promptly notify us at contact@cardsync.com.au.
8.1 Non-paying users cardsync.com.au gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive, and revocable license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by cardsync.com.au, in the manner permitted by these Terms of Service.
8.2 Paying users and subscribers (a) As a paying user or subscriber to any Subscription Plan, we authorize you to use our Content for which you agree to pay us in accordance with the relevant subscription fee in accordance with our Payment Terms.
9.1 All intellectual property rights subsisting in respect of the Services belong to cardsync.com.au or have been lawfully licensed to cardsync.com.au for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit, or distribute in any way any component of the website itself or create derivative works with respect thereto, as our Site is copyrighted under applicable laws.
9.2 You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments concerning our use, disclosure, adoption, and/or modification of any or all of your Feedback.
You retain your rights to any Content you submit, post, or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, for example, through submissions made in the profile setting backend, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed), except as otherwise provided in our Privacy Policy Statement. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
Please read this section carefully since it limits the liability of cardsync.com.au and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, cardsync.com.au Entities). We give you no warranty or assurance about this Site, our Applications, or Content. Each of the subsections below only applies up to the maximum extent permitted under applicable law.
10.1 THE SITE, APPLICATIONS, AND ALL CONTENT, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN 'AS IS,' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CARDYNC.COM.AU ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
10.2 WHILE WE MAKE EVERY EFFORT TO ENSURE QUALITY, CARDYNC.COM.AU MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR APPLICATIONS WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS.
10.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CARDYNC.COM.AU ENTITIES EXCEED THE AMOUNT PAID TO CARDYNC.COM.AU, IF ANY, IN THE PRECEDING 12 (TWELVE) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
10.4 The cardsync.com.au Entities do not guarantee that: (a) any Content presented in our Services is free of defect, error, omission, virus, or anything that may change, erase, add to, or damage your software, data, or equipment; (b) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay, or loss; (c) access to the Services will be available or uninterrupted; (d) use of the Services will achieve any particular result; or (e) defects in the Services will be corrected.
10.5 Without limiting the generality of the foregoing, in no event will the cardsync.com.au Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, arising out of any use or inability to use the information or the services, even if any of the cardsync.com.au Entities have been advised of the possibility of such loss or damages.
10.6 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. It is your responsibility to ensure that your use of the information and the Services complies with all applicable legal requirements.
10.7 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us as set out in these Terms of Service or otherwise, you are advised to contact us at contact@cardsync.com.au. No such lack of response shall be deemed to constitute any acquiescence or waiver.
10.8 The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
11.1 When accessing the Site, any Applications, or using our Services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any content that:
(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; or
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable laws or regulations.
11.2 cardsync.com.au will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
12.1 We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
12.2 If you wish to terminate your account, you may simply discontinue using the Service.
12.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to indemnify and hold cardsync.com.au and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the cardsync.com.au Entities) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, Applications, or Services, your violation of these Terms, or your violation of any rights of another.
14.1 Governing Law and Jurisdiction These Terms of Service and any dispute or claim arising out of, or in connection with, it, its subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of NSW, Australia.
14.2 Limitation of Actions You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.3 Force Majeure cardsync.com.au shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
14.4 Miscellaneous You agree that these Terms of Service are for the benefit of the cardsync.com.au Entities. Therefore, these Terms of Service are personal to you and not assignable, transferable, or sublicensable by you. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.
14.5 Electronic Communications The communications between you and cardsync.com.au use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from cardsync.com.au in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that cardsync.com.au provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14.6 No Waiver No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and cardsync.com.au's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
14.7 Entire Agreement These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
14.8 Questions or Concerns Please contact us at contact@cardsync.com.au to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.