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wildkard™ Terms and ConditionsWhat is a wildkard™ ?
This wildkard™ service allows you to order wildkard™ cards with your personal contact details on them. On your wildkard™ will also appear the image or brand of one of our many wildkard ™ sponsors.
Where can you get a wildkard™ ?
You can obtain a wildKard™ through our website or on the website of one our sponsors.
IMPORTANT: Please read these terms and conditions
Before using this website, please read the following terms and conditions.
In these terms and conditions a reference to:
“Agreement” means the legal agreement between us and you formed when:
(a) you use this website; and/or
(b) we accept an order from you.
“us” and we” means WildMedia & Marketing Pty Ltd ABN 55 108 109 893 P.O. Box 640 Edgecliff NSW 2027 at info@wildkard.com.au; and
“working days” means Monday to Friday (excluding any public holiday) in Sydney; and
“writing” includes email in a form legible to the recipient.
If you use this website or place an order, you will:
(a) be deemed to have read, understood and consented to the following terms and conditions; and
(b) enter into a legal and binding contract with us in accordance with these terms and conditions.
If you do not wish to be bound by these terms and conditions then you should not use this website.
Use of this website
How can you use this website?
At all times when using this website you agree that you will:
(a) only use this website for your personal use and not for any commercial purpose;
(b) not use this website for any unlawful or harmful manner;
(c) not use this website in any manner that could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website;
(d) not create harassing, abusive, threatening, obscene, pornographic, defamatory, libelous messages or images;(e) not send viruses or other harmful, disruptive, or destructive files; and
(f) not attempt to conceal or misrepresent the identity of the creator or sender.
We can terminate or restrict your access to this website
We may terminate or suspend your access to this website at any time, with or without cause, with or without notice.
Upon such termination or suspension, your right to use this website will immediately cease.
Protection of our Copyright And Trademarks
All contents of this website are Copyright © 2004 WildMedia & Marketing Pty Ltd ACN 108 109 983 and/or its sponsors or suppliers. All rights reserved.
wildkard™ and/or other WildMedia & Marketing products and services referred to in this website may also be either our trademarks or registered trademarks. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
You are not authorised to use, copy or disseminate any information, trademarks or material contained on this website without our prior written consent.
To the full extent permitted by law, you have no rights unless expressly granted under these terms and conditions including without limitation any rights to intellectual property contained on this website.
Collection of Personal information
We will collect personal information and will hold, use and disseminate that personal information in accordance with our Privacy Policy. To view our Privacy Policy click here.
Links and other business relationships
Other than as required by law, we make no representations or warranties whatsoever about any other websites which may be accessed through this website. Links are provided as a courtesy only and in no way should be interpreted as an endorsement.
We make no representations or warranties and accept no responsibility for the accuracy, completeness, content or use of the information accessible from any website with which this website is linked.
In no event will we be liable to any party for any direct, indirect, special or other consequential damages from any use of this website, or on any other linked website even if we are expressly advised of the possibility of such damage or loss.
Linking to this website
Linking to this website will only be permitted with our express written permission. Any links if allowed, must link directly to this website’s homepage and none of the other pages within unless we otherwise agree to in writing.
Ordering a wildKard™
How to order wildKard™ from this website
To obtain a wildKard™ from this website you must complete the registration form in full or as specified on this web site.
Unless advised by you in writing you represent that you are at least 18 years of age and that any information that you submit is accurate and not misleading in any manner.
When and where will your wildKard™ be supplied?
We are not bound to supply wildKard™ until we inform you in writing (including by email) that your request has been accepted by us.
We have the right to refuse any order
We have the right to refuse a wildKard™ order. If a wildKard™ order is not accepted, we will notify you within fourteen days of receipt of the order request.
Can you cancel an order?
You can only cancel an order at any time prior to the time when we notify you that we have accepted your order.
When do you get delivery of the product or service?
You should allow at least 10 working days after we inform you that your order has been accepted for the wildKard™ to be delivered to you.
We will be deemed to have delivered the wildKard™ to you when we post the envelope with the Australia Post mail system.
To the full extent permitted by law, we will not be responsible or liable to you or any person for any delay in the delivery of the wildKard™ to you or for any loss or damage that you or any person may suffer because of the delay.
We will endeavour to advise you as soon as practicable of any delay in the delivery of the wildKard™.
What to do if your wildKard™ has a defect
When a wildKard™ is delivered to you, you should examine the wildKard™ to confirm that there are no mistakes on it.
You should notify us in writing at
info@wildkard.com.au and state your concerns if there are any mistakes. This should be done within 5 working days of delivery. We will not be held responsible for these mistakes, however we will take reasonable endeavours to rectify them.
Endorsement of Products
We do not endorse or recommend any particular product or service of our sponsors, including financial products or services. Nothing contained in this website is intended to constitute professional advice, including but not limited to, investment or tax advice.
Errors in orders or communications
Unless we have been grossly negligent or intentional breach these terms and conditions, we will not be liable for any order details being misunderstood, mutilated, delayed or not properly transmitted as a result of using the internet or any other means of communication between you and us, or between us and third parties (to the extent that this has a bearing on the relationship between you and us).
General
Who can use wildkard ™
wildKards™ can be ordered only by persons located in Australia; and New Zealand dependent on the campaign.
We can change the terms and conditions from time to time We reserve the right to change these terms and conditions from time to time. You should regularly review these terms and conditions.
Your continued use of this website after the effective date of a change will indicate that you accept and agree to the change.
You indemnify us
You indemnify and will keep us (including our directors, employees, agents and assigns) indemnified to the fullest extent permitted by law from all claims, demands, actions, suits, proceedings, judgments, fines, penalties, harm, loss, including consequential loss, damage, charges, costs or expenses of any nature (including legal fees on a full indemnity solicitor to client basis) in connection with and arising out of:
(a) the inaccuracy of the information supplied to us; or
(b) any breach of the terms and condition.
The indemnity is a continuing indemnity and survives the termination of this Agreement.
We make no representations and warranties to you
To the maximum extent permitted by applicable law, we:
(a) make no representations, warranties or conditions, express or implied;
(b) disclaim any and all warranties or conditions, express, statutory and implied, including without limitation:
(i) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, no encumbrances, and non-infringement;
(ii) warranties or conditions arising through course of dealing or usage of trade; and
(iii) warranties or conditions that access to or use of this website will be uninterrupted or error-free.
We have no liability unless imposed by law or agreed to under this agreement
To the extent permitted by law, and unless otherwise specified in this clause, we exclude all liability in tort (including negligence), contract or otherwise for any loss, damage, cost or expense (including loss of profits or anticipated savings, economic loss or any special, indirect, incidental or consequential damage), incurred by you or a third party in connection with any act or omission by us in relation to this Agreement.
You have not rely on implied representations and warranties
You acknowledge and agree that in entering into this Agreement or in the performance of your obligations, you have not relied on or acted on any representation or warranty by us or any person on our behalf except those representations and warranties expressly set out in these term and conditions.
When are we liable?
We will only be liable to you where:
(a) we have breached an express representation, warranty or obligation under this Agreement; or
(b) we are not otherwise permitted to exclude liability under this Agreement.
What may we do when we are liable?
If we are liable to you in connection with this Agreement for any reason then, unless the law provides otherwise, we may (at our sole option and discretion) fully satisfy its liability to you, by:
(a) re-supplying or paying for the re-supply of services;
(b) repairing or replacing the property; or
(c) paying the cost of having the goods repaired or replaced
Waiver
Any of our rights under these terms and conditions may only be waived by us in writing and no other conduct will be deemed to constitute a waiver of any of our rights or a release of any of your obligations under these terms and conditions.
Assignment
You are not permitted to sell, transfer, assign, licence, franchise or otherwise part with possession of or mortgage, charge or otherwise encumber any right or obligation under these terms and conditions or any Agreement without our prior written consent.
Entire Agreement
These terms and conditions express and incorporate the entire agreement between you and us and supersede and exclude any prior or collateral negotiation, understanding, communication or agreement by or between you and us in relation to this agreement.
What laws govern this agreement?
These terms and conditions are subject to and will be construed in accordance with the laws of New South Wales.
You agree that any issue or dispute concerning this Agreement or these terms and conditions will be adjudicated and heard by the courts of New South Wales and you agree to submit to the exclusive jurisdiction of those courts.
