Solity Care Cards - Terms & Conditions

Terms and Conditions

Please read these Terms and Conditions carefully before using the  Solity Care Cards website and Facebook page operated by Solity Care Cards.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. 

You warrant that you are at least 18+ years of age and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. 

Purchases

If you wish to purchase any service or product made available through Solity Care Cards, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.

You represent and warrant that: 

i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that

ii) The information you supply to Solity Care Cards is true, correct and complete. 

By submitting such information, you grant Solity Care Cards the right to provide the information to third parties for purposes of facilitating the completion of the Service. 

Solity Care Cards reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to service availability, errors in description or price of the service, error in order or other reasons. 

Solity Care Cards is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any services, nor does it provide proof of conditions. We advise you to exercise caution and do your own due diligence in conducting any transactions through Solity Care Cards. 

Availability, Errors and Inaccuracies

Solity Care Cards are constantly updating our offerings of service and products. The services available may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the service and in our advertising on other websites. 

Refunds are not available. In the instance of specific illness non-availability, a Blank Front Care Card and free product will be provided in place of your specified product. Solity Care Cards must notify you in this instance. 

We do our best to ensure information regarding the services and products provided is accurate, however there may be a delay in updating new costings due to expense increases. Solity Care Cards reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 

The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non‑infringement.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotion made available through Solity Care Cards may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. 

Content

Solity Care Cards allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material. You are responsible for the Content that you post to Solity Care Cards, including its legality, reliability and appropriateness. 

By posting content to Solity Care Cards, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through Solity Care Cards. You retain any and all of your rights to any Content you submit, post or display on or through Solity Care Cards and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of Solity Care Cards, who may also use your Content, subject to these Terms. 

You represent and warrant that:

i) The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and 

ii) The posting of your Content on or through Solity Care Cards does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 

Further, you warrant that:

i) The Content will not cause you or Solity Care Cards to breach any law, regulation, rule, code or other legal obligation;

ii) The Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

iii) The Content will not be unsolicited, undisclosed or unauthorised advertising;

iv) The Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and 

v) The Content does not bring Solity Care Cards into disrepute

You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon reasonable request. We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time. 

You acknowledge and agree that all Content you provide Solity Care Cards will be publicly available information and you bear the risks involved with such public disclosures. 

Accounts

When you create an account with Solity Care Cards, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes breach of the Terms, which may result in immediate termination of your account on the Service. 

You are responsible for safeguarding the password that you use to access Solity Care Cards and for any activities or actions under your password, whether your password is with Solity Care Cards or a third-party service. 

You agree not to disclose your password to any third-party. You agree to be fully responsible for activities that relate to your account or password. You must notify Solity Care Cards immediately upon becoming aware of any breach of security or unauthorised use of your account. 

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. 

Intellectual Property

The Service and its original content (excluding Content provided by users) features and functionality are and will remain the exclusive property of Solity Care Cards and its licensors. The Service is protected by copyright, trademark and other laws of both Australia and foreign countries. Solity Care Cards' trademark and trade address may not be used in connection with any product or service without the prior written consent of Solity Care Cards. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. 

You are permitted to use the Service only as authorised by Solity Care Cards. As a user, you are granted a limited, non‑exclusive, non-revocable, non‑transferable right to use the Service to create, display, use, play and download Content subject to these Terms. 

Solity Care Cards' Intellectual Property must not be used in connection with a product or service that is not affiliated with Solity Care Cards or in any way brings Solity Care Cards in disrepute. 

You must not modify the physical or digital copies of any Content you print off or download in anyway, you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Any opinions, advice, statements, services, offers or other information, or content expressed or made available by any other users are those of the respective authors or distributors and not of Solity Care Cards. 

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Solity Care Cards. 

Solity Care Cards has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Solity Care Cards shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or any reliance on any such content, goods or services available on or through any such websites or services.

Solity Care Cards only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. 

Solity Care Cards strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. 

Termination

Solity Care Cards may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. 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.

Solity Care Cards shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension, or any other actions taken by Solity Care Cards in connection therewith. If applicable law requires Solity Care Cards to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that Solity  Care Cards has for you on record. 

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify Solity Care Cards and it's successors and assignees for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of, or related to your access to and use of the Service, or your breach of these Terms and any applicable law or the rights of another person or party. 

This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends. 

Limitation of Liability

You agree that Solity Care Cards shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service. In no event shall Solity Care Cards be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. 

In no event shall Solity Care Cards be liable for any claims by a third-party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to any misleading statements made and/or incorporated into any Content provided by third-parties, such as manufacturers and wholesalers, and users of the Service. It is solely your responsibility to ensure the accuracy of the data inputted. 

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re‑run time, inaccurate instruction, work delays or lost profits resulting from the use of Service. You must not assign or otherwise dispose of your account to any other person. 

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid to you by Solity Care Cards.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non‑infringement or course of performance.  

Solity Care Cards, its subsidiaries, affiliates and its licensors do not warrant that:

a) The Service will function uninterrupted, secure or available at any particular time or location

b) Any errors or defects will be corrected

c) The Service is free of viruses or other harmful components 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorised access, or alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action. 

Solity Care Cards make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 

Solity Care Cards disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of the Service will be uninterrupted or error-free. Solity Care Cards is not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia without regard to its conflict of law provisions. 

Solity Care Cards' failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements held between you and Solity Care Cards regarding the Service. 

Changes

Solity Care Cards reserves the right, at sole discretion, to modify or replace these Terms at any time. If a revision is material, Solity Care Cards will try to provide at least 30 days' notice prior to any new terms taking effect. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof. 

Contact Us

If you have any queries or complaints about Solity Care Cards' Terms and Conditions, please contact:
 office@carecards.com.au