The Business Kard King

Terms Of Use

These Terms of Use (these "Terms") represent an agreement between you and The Business Card King (Aust) P/L and govern your use of the website at www.businesscardking.net, including any products or services offered from time to time by means of the website (this "Site"). By using this Site, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.

  1. OUR SERVICE. The Business Card King provides designs for business cards incorporating content provided by users ("User Content"), together with design elements and/or other content that we provide ("Our Content"). CERTAIN PRODUCTS AND SERVICES ARE FREE; OTHERS ARE AVAILABLE ONLY FOR PURCHASE. You may use this Site to generate a business card or logo ("design") that you may review and edit at no cost. You will then be offered the opportunity, for a fee, to purchase the business card or logo which includes the right to copy and use the design for your business along with certain other products or services as specified on this Site. Use of our services is subject to all of the provisions of these Terms and such other requirements and conditions, including payment terms, as may be set forth on this Site when you use this Site.
  2. LICENSES. The Business Card King grants you a non-exclusive, revocable right and license to access and use this Site to create, modify and review Designs. If you purchase a "design", The Business Card King will in addition grant you a non-exclusive right and license to use the Design in your business, provided that any use of Our Content shall be permitted only to the extent incorporated in a Design. If you have not purchased a Design, you are expressly prohibited from copying, downloading or otherwise using the Design other than for purposes of reviewing or editing it on this Site as set forth above. All rights that we do not expressly grant in these Terms are reserved by us. You grant to The Business Card King and its affiliates, successors, assigns and/or sublicensees a perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, non-exclusive right and license to reproduce, display, transmit, modify, publish, create derivative works from and otherwise use any User Content that you provide, in any formats or media now known or hereafter devised, for the purposes of providing you with and/or promoting our services. If we believe at any time, in our sole discretion, that your use of any of Our Content or a Design could give rise to legal liability, we have the right, at any time, to require that you cease to use the applicable Design, in which event we shall, at your option and as our sole liability in connection therewith, provide you with the opportunity to create a new Design or refund to you any fees that you paid to create the original Design.
  3. USER CONDUCT. In using this Site, you agree that you will not:
    1. violate any international, federal or state laws, regulations or rules;
    2. submit any User Content or use this Site to create any Design that is unlawful, harmful, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another's right of privacy or publicity or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
    3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information when signing up for a service;
    4. violate or attempt to violate the security of this Site;
    5. reverse engineer, decompile or disassemble any portion of this Site;
    6. "scrape" information from this Site by automated means; or
    7. retain, copy, distribute, publish, or use any Design or Our Content except as expressly provided in these Terms.
  4. PROPRIETARY RIGHTS. The Business Card King and/or its licensors own this Site, including any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising this Site. The foregoing ownership rights include all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights (collectively, "Intellectual Property Rights") inherent in or appurtenant to this Site. You own any User Content that you contribute. Subject to your ownership of your User Content, and any licenses expressly granted by us to you hereunder, we and/or our licensors shall retain all right, title and interest in and to the Design and Our Content, including all Intellectual Property Rights therein.
  5. LINKS. This Site may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
  6. REPRESENTATIONS AND WARRANTIES. You represent, warrant and covenant (a) that you and Your Content will comply with all of the requirements set forth in these Terms, (b) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content to this Site for use in creating a Design and as otherwise contemplated herein, and (c) that you are at least eighteen (18) years old.
  7. INDEMNITY. You hereby indemnify, defend and hold harmless The Business Card King and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the "Indemnified Parties") from and against any and all liability and costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of Your Content/Design, your use of a Design, or any breach by you or any user of your account of these Terms or any representation or warranty herein. You shall cooperate as fully as reasonably required in the defense of any such claim. The Business Card King reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
  8. DISCLAIMERS; LIMITATIONS OF LIABILITY.
    1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. THIS SITE, OUR CONTENT, AND ANY DESIGNS GENERATED THEREWITH ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, THE BUSINESS CARD KING PROVIDES NO WARRANTY THAT ANY DESIGN CREATED USING THIS SITE WILL NOT INFRINGE, OR BE SUBJECT TO A CLAIM OF INFRINGING, THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY. THE BUSINESS CARD KING DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE USE OF ANY DESIGN.
    2. OTHER CUSTOMERS USE OUR CONTENT TO CREATE DESIGNS. THEREFORE, WE CANNOT GUARANTEE THAT YOUR DESIGN WILL NOT BE THE SAME AS, OR SIMILAR TO, DESIGNS THAT HAVE BEEN, OR WILL BE, CREATED BY OTHERS, OR THAT YOUR DESIGN DOES NOT OR WILL NOT INFRINGE ON ANYONE ELSE'S TRADEMARK OR OTHER RIGHTS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF A DESIGN DOES NOT INFRINGE ON ANYONE ELSE'S TRADEMARK OR OTHER RIGHTS.
    3. IN NO EVENT SHALL THE BUSINESS CARD KING OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITE OR ANY DESIGN. THE BUSINESS CARD KINGs' LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THE BUSINESS CARD KINGS' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
    4. PRIVACY. Your use of this Site is subject to THE BUSINESS CARD KINGS' privacy policy, the provisions of which are incorporated herein by this reference. By using this Site, you acknowledge and consent to THE BUSINESS CARD KINGS collection and use of information as set forth in the Privacy Policy.
  9. CHANGES TO TERMS. THE BUSINESS CARD KING may modify these Terms at any time by posting changes on the Site; however, (i) these changes will only become effective and binding with respect to you after THE BUSINESS CARD KINGs provides notice on the site that these Terms have changed and you first use this Site following the date of such posting, (ii) the changes will only apply with respect to your use of this Site after such changes become effective, and (iii) any imposition or change of fee obligations will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access this Site.
  10. MISCELLANEOUS.
    1. Relationship. No joint venture, partnership, employment or agency relationship exists between you and THE BUSINESS CARD KING as a result of these Terms and/or your use of this Site.
    2. Authority. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. The parties agree that these Terms shall be effective as of the date accepted by you.
    3. Entire Agreement. These Terms represent the entire agreement between you and THE BUSINESS CARD KING with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Services.
    4. Assignment and Waiver. THE BUSINESS CARD KING may assign these Terms at its discretion. You may not assign these without our consent, which we will not unreasonably withhold. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
    5. Equitable Relief. In addition to money damages, THE BUSINESS CARD KING shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms.
    6. Severability. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent.
    7. Construction. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to "including" and variations thereof shall be deemed to mean, "including, but not limited to." All references herein to "we," "our" or variations thereof shall be deemed to refer to THE BUSINESS CARD KING. All references herein to "you," "your" or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity.
    8. Notices. Notices required or permitted hereunder that are intended for you personally and not all users of this Site shall be made to you at the most recent email address on file with THE BUSINESS CARD KING. Notices to THE BUSINESS CARD KING shall be sent by email to info@businesscardking.net or in writing to The Business Card King (Aust) P/L Attn: THE BUSINESS CARD KING Customer Support, PO BOX 7256 Geelong West, VIC Australia 3218.
  11. REFUND POLICY
    · At THE BUSINESS CARD KING, we strive to provide the highest level of customer service. In most cases, we are able to satisfy clients by simply making changes as needed to the products purchased or by offering complimentary products and services. We will reprint or refund the cost of any product that fails to meet our customers quality expectations within 30 days of purchase. However, we cannot take responsibility for typing, image, or design errors introduced by customers in the document creation process.

Our customers say:

Yes got them and they are what I expected which is great. Thank you. Would definitely recommend your service

Asta, NSW
got the cards & they are great

Otto, VIC
Thanks, yes they arrived well in time and I am happy with final product. Thanks!

Heather, WA
Yea got them. Thought I sent you a message the other day to say thanks. All good. Looking forward to the magnets and stickers.

Duane, VIC
Hi,
got the cards and happy with them
thanks for your help
cheers

Matt, NSW
Just arrived. Look great thank you. Top job

Sean, NSW
Hi, I did, they arrived safely and were just what I wanted. Great service, and thanks for the follow-up.

Steve, VIC
Many thanks very pleased with the cards and they arrived early! Great service.

Michael, VIC
Hi,
We received our business cards today – they look great and were amazingly fast. Thur afternoon order, Tues morning delivery. Wow
Thanks

Matt, NSW
G'day, the cards are great mate. 1000% better then vistaprint rubbish. Gave a couple to the manager of my local electrical wholesaler and he said they're one of the best cards he's seen. Will be in touch soon to order some u.v stickers. Cheers.

Jason, QLD
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