Information about us
Hallmark.com.au is operated by Hallmark Cards Australia Limited, a company registered in Australia under ABN 85 004 058 646 and our address is 10 Caribbean Drive Scoresby, Victoria, 3179. If you have any questions, concerns or comments about this Website please reach out via our contact form on the website.
Services offered on the Website may include competitions (“Services”) which you may need to register with us in order to benefit from some of the Services and to place orders. Further details are available on the pages of the Website relevant to these Services. Once registered, you will become a member of the site (“Site Member”).
Use of the Website
- We have made this Website available to you for your own personal non-commercial use.
- We may modify, withdraw or deny access to the Website at any time.
- The Services are only available to you if you submit certain requested information to Hallmark, including (but not limited to) your name and a valid email address.
- When you access the Website and/or use the Service, you acknowledge and agree that all content (whether private or public) that is uploaded on the Website is the sole responsibility of the person who submitted it. Moreover, you understand that by viewing the Website, you may be exposed to content you may consider offensive and you take sole responsibility for such exposure. You also acknowledge that neither Hallmark.com.au guarantees in any way the accuracy, quality or appropriateness of content available on the Website. In no event shall either Hallmark.com.au (including their respective officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Website including (without limitation) errors or omissions in such content and loss or damage incurred as a result of such use of such content.
- You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the Website. You also agree that in using the Website you will not:
- use it in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
- use the Website for any purpose other than your personal use;
- email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive, offensive, distressing or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other basis;
- advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email;
- transfer files that contain viruses, Trojans or other harmful programs, code or content which may compromise the Website or the Services;
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures or disrupt the normal flow of dialogue on the Website; and
- email, transmit or otherwise disseminate any content including any content provided to us in order for us to provide goods and/or services to you which infringes the intellectual property rights of any other person including without limitation any copyright or trade mark (whether registered or unregistered).
Please be aware that we may review, delete, move and edit content uploaded onto the Website for any reason at any time without notice and may suspend, restrict or terminate your access to the Services offered on this Website at any time without notice at our discretion.
You confirm to us that:
- all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time by amending your account details) and
Disclaimers and Limitation of Liability
1.1 personal injury or death resulting from our negligence;
1.2 fraud or fraudulent misrepresentation;
1.3 any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Subject to the above:
2.1 we accept no liability for any damage or loss that occur during any use of or inability to use our products or services or use of this Website where such damage, loss or injury is not reasonably foreseeable to you and us when you enter into this agreement;
2.2 we accept no liability for any Website content uploaded by other users or made available to you through the Services or for unauthorised access to or alterations of your transmissions by third parties;
2.3 we accept no liability in any circumstances for any business losses that you may incur, including but not limited to lost data, loss of income or revenue, loss of business, loss of anticipated savings, lost profits, waste of management or office time or business interruptions; and
2.4 our total liability to you for any loss or damage arising in connection with this agreement shall be limited in respect of each claim to the total price of the products or services that you purchase in any one calendar year.
- Subject to the exclusions above, we will not be responsible for any damage or loss caused to you where you are not entering into this agreement as a consumer.
- We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. We do not guarantee that the use of this Website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the Website. We do not guarantee that this Website will be available all the time or at any specific time and we reserve the right to withdraw or modify this Website at any time.
- Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Website itself will be free from errors or omissions.
- Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. In such circumstances, we will use reasonable endeavours to fix such system failure or expedite such maintenance or repair.
Product Information Disclaimer
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on this site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Hallmark reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.
Disclaimer of Warranties
The materials in this site are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Hallmark disclaims all warranties, express or implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose and non-infringement. Hallmark does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available are free of viruses or other harmful components. Hallmark does not warrant or make any representation regarding the use of the results of the use of the materials in this site in terms of their correctness, accuracy, reliability or otherwise. You (and not Hallmark) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
- You do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, licence or otherwise use the Website Content without our written permission.
- No graphics are used separately from accompanying text; our copyright and trademark notices appear in all copies and you acknowledge this Website as a source of the material; and the person to whom you are providing these materials are made aware of these restrictions.
- You may not use, transfer, copy or reproduce any part of the Website Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
- We monitor the market for infringements of our intellectual property rights and reserve the right to take any action we deem appropriate to protect our rights.
Contributions to the Website
- Further to the previous paragraph, by submitting your contribution to the Website, you confirm to us that your contribution:
- is your own original work and that you have the right to make it available to Hallmark for all the purposes specified above and have obtained all necessary licences and/or approvals;
- is accurate (where it states facts) and genuinely held (where it states opinions);
- is not defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive, offensive, distressing or hateful or otherwise degrading or intimidating to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason; and
- does not infringe any law.
- You agree that you will fully compensate Hallmark against all legal fees, claims, damages and other expenses that may be brought against or incurred by Hallmark in relation to your breach or suspected breach of the above warranties.
- You agree to waive any moral rights in your contribution for the purposes of the submission of your contribution to and publication on the Website and the purposes specified above.
Links to and from other Websites.
- We may provide links to other websites from time to time (via advertising or otherwise). Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked website or any link contained in a linked website. The use of third party websites is entirely at your own risk. These links are provided for your ease of reference and convenience only and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
- You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.
- You may not link to our Website using an I frame or similar technique without our prior written consent.
- You may establish links to the Website provided: (a) You do not remove or obscure anything on the Website including advertisements, the copyright notice or other notices on the Website; (b) You do not link in a way that is defamatory or misrepresents Hallmark in any way or offers services or products that we do not provide; (c) You give us 28 days’ notice of such link by sending an message via the Contact Us form via the Website which we will approve prior to the link being posted, and (d) You immediately stop providing links to the Website if notified by Us.
- From time to time, Hallmark may run competitions and promotions. Promotions are available to all Australian residents. Unless specified, promotions exclude luxury personalised card, cannot be used in conjunction with multi-buy discounts, require a voucher code to be entered at the basket check out, are only redeemable once per account and postage is chargeable at normal rates. Hallmark reserves the right to withdraw competitions and promotions at any time.
- The failure of Hallmark to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.