UCards Terms & Conditions
This website is owned and operated by UCards Holdings Pty Ltd trading as “UCards”. Throughout the site, the terms “we”, “us”, “our” and “UCards” refer to UCards Holdings Pty Ltd. UCards offers this website, including all information, tools, products and services available from ucards.com.au, 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 any additional terms, conditions and policies referenced in them or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any of our services.
Any new features, products or tools added to the current site are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms 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.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010(Cth)) or any other law that cannot lawfully be excluded or limited.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years of age, or that you have the consent of a parent or legal guardian to use this site and to place orders through it. Where you place an order relating to a child (for example, a card featuring a child’s photograph), you represent that you are the parent or legal guardian of that child, or that you have the express permission of the parent or legal guardian.
You may not use our products for any illegal or unauthorised purpose, nor may you, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of these Terms may result in the immediate termination of your access to the Service.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any lawful reason, at any time.
You understand that your content (not including payment card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any content on the website, without our express written permission.
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of it) without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent that liability cannot be excluded under the Australian Consumer Law.
SECTION 5 — PRODUCTS AND PERSONALISED GOODS
UCards produces custom-made, personalised display cards across a range of sports and occasions — including football, AFL, netball, basketball, dance, birthdays and other categories offered on the site from time to time. Each card is manufactured to order using the photograph, names, statistics, messages and other details that you supply.
Made to order. Every card is made specifically for you after your order is placed. Cards are not held in stock and cannot be resold by us. This has important consequences for cancellations, returns and refunds — see Section 9.
Materials and specifications. Unless stated otherwise on the relevant product page, cards are printed on premium 4mm foam board with a high-gloss finish and are supplied with a wall-mount kit. Sizes vary by product and are shown at the point of sale. Product specifications, materials and suppliers may change from time to time; we will not make a change that materially reduces the quality of the product you ordered without contacting you first.
Colour and appearance. We have made every effort to display the colours, finishes and images of our products as accurately as possible. We cannot guarantee that your device’s display of any colour will be accurate, and minor variation between the on-screen preview and the printed card (including in colour, tone, trim and positioning) is normal and is not a defect.
Design preview. The preview generated on the website is an indicative representation of your card only. Our design team reviews, trims, enhances and adjusts every design — including background removal and image correction — before printing, and the finished card may differ in small respects from the on-screen preview as a result.
Image quality. The quality of your printed card depends significantly on the quality of the photograph you upload. We recommend a JPEG, PNG or TIFF image of at least 1600px on the longest edge. We are not responsible for print quality issues that result from a low-resolution, blurry, heavily compressed or poorly lit image you supply. If we consider that an image is not suitable for print, we will contact you using the details on your order to request a better version. If we do not receive a usable replacement within a reasonable time, we may cancel the order and refund you.
Availability. We reserve the right, but are not obliged, to limit the sale of our products to any person, geographic region or jurisdiction, and to limit the quantities of any products we offer. We may exercise this right on a case-by-case basis. All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
SECTION 6 — PRICING, GST AND PAYMENT
All prices displayed on our website are in Australian Dollars (AUD) and, unless stated otherwise, are inclusive of GST where GST applies. Shipping charges are calculated and displayed at checkout and are additional to the product price unless expressly stated to be included.
Payments are processed by our third-party payment provider, Stripe. We do not store your full payment card details. Your use of Stripe’s services is subject to Stripe’s own terms and privacy policy.
Where you are ordering from outside Australia, you are responsible for any import duties, taxes, customs charges or brokerage fees imposed by the destination country. These are not included in the price you pay us and are not refundable by us.
Discount codes, coupons and promotional offers are subject to any conditions published with them, may be withdrawn at any time, cannot be exchanged for cash, and may not be used in conjunction with other offers unless expressly stated.
SECTION 7 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address. Orders may also be refused or cancelled where a promotion, discount code or offer has been used in a way that was not intended, does not apply to the products purchased, or where a pricing or promotional error has occurred. In the event that we change or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed, and we will refund any amount you have paid for the cancelled order.
You are responsible for the accuracy of the personalisation details you submit — including the spelling of names, team and club names, positions, statistics, dates, messages and any other text. Because each card is printed exactly as supplied, we are not able to offer a refund or free reprint for errors in the information you provided. If you notice a mistake, contact us immediately at support@ucards.com.au and we will do our best to correct it before your card enters production.
If you create an account, you agree to provide current, complete and accurate purchase and account information, and to promptly update your account information — including your email address and delivery address — so that we can complete your transactions and contact you as needed. You are responsible for maintaining the confidentiality of your account password and for all activity that occurs under your account.
SECTION 8 — ORDER PROCESS, PRODUCTION AND DELIVERY
When you place an order, you make an offer to purchase. Your order is accepted, and a contract is formed, when we send you an order confirmation email. Where an order cannot be accepted, we will notify you and refund any payment taken.
Indicative timeframes. Our current indicative timeframes are approximately 2–3 days for design review, 3–4 days for printing, 2–3 days for packing and dispatch, and 2–5 days in transit — approximately two weeks from order to delivery. These timeframes are estimates only and are not guaranteed. They may be affected by order volumes, public holidays, image quality issues, and factors beyond our control including carrier delays.
Delivery. We deliver using third-party carriers. Delivery timeframes, availability and charges are shown at checkout. Risk in the goods passes to you on delivery to the address you provide. It is your responsibility to provide a complete and correct delivery address; we are not responsible for orders delivered to an incorrect address supplied by you, and a re-print or re-delivery in those circumstances may be charged to you.
If your order has not arrived within a reasonable time after the estimated delivery window, contact us at support@ucards.com.au and we will investigate with the carrier.
SECTION 9 — CANCELLATIONS, RETURNS AND REFUNDS
Your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in this section limits those rights.
Change of mind. Because every UCard is custom-made to your specifications and cannot be resold, we are not able to offer refunds or exchanges for change of mind, including where you have changed your mind about the design, photograph, text, statistics or size selected.
Cancelling an order. You may request cancellation of an order by emailing support@ucards.com.au. If your order has not yet entered design review or production, we will cancel it and refund you in full. Once design work or printing has commenced, cancellation may not be possible, or may be subject to a deduction reflecting the work already performed and materials already committed.
Faulty, damaged or incorrect items. If your card arrives damaged, faulty, or materially different from the design you approved, contact us at support@ucards.com.au within 14 days of delivery with your order number and clear photographs of the item and packaging. Where we are satisfied that the item is faulty, damaged in transit, or incorrect due to our error, we will provide a replacement or a refund in accordance with the Australian Consumer Law. Please do not dispose of the item until your claim has been resolved.
Not a fault. The following are not defects and are not grounds for a refund: minor colour, tone or trim variation between the on-screen preview and the printed card; print quality limitations caused by a low-resolution or poor-quality image you supplied; spelling or factual errors in details you submitted; and delays caused by third-party carriers.
Refunds are made to the original payment method and may take several business days to appear, depending on your financial institution.
SECTION 10 — YOUR CONTENT AND LICENCE TO US
“Your Content” means any photograph, image, logo, name, signature, statistic, text, message or other material that you upload to, or submit through, the site.
Your warranties. By uploading or submitting Your Content, you represent and warrant that:
• you own Your Content, or you have all necessary rights, licences and permissions to submit it and to allow us to use it as described in these Terms;
• where Your Content includes an image or likeness of a person, you have that person’s consent to use their image on a printed product, and where that person is under 18, you are their parent or legal guardian or have the consent of their parent or legal guardian;
• Your Content does not infringe the copyright, trade mark, privacy, personality, moral or other rights of any third party;
• Your Content does not contain defamatory, obscene, discriminatory, offensive or otherwise unlawful material; and
• the information you provide in connection with Your Content is accurate and not misleading.
Licence. You retain ownership of and all intellectual property rights in Your Content. By submitting Your Content, you grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to store, reproduce, modify, adapt, crop, enhance, remove backgrounds from, and otherwise process Your Content for the purpose of producing, printing, fulfilling, supporting and delivering your order, and for internal quality-control and record-keeping purposes.
Marketing. We will only use Your Content, or an image of your finished card, in our marketing, advertising, samples, social media or promotional materials with your prior consent. You may withdraw that consent at any time by contacting support@ucards.com.au, and we will stop using Your Content in new materials, although we may be unable to remove it from materials already printed or distributed.
Removal and moderation. We may, but are not obliged to, review, refuse, edit or remove any of Your Content that we consider in our reasonable opinion to be unlawful, offensive, infringing, or otherwise in breach of these Terms. We may cancel and refund any order associated with such content. We reserve the right to refuse to print any design at our discretion.
Retention. We retain Your Content for as long as reasonably necessary to fulfil your order, provide reprints and support, and meet our record-keeping obligations, in accordance with our Privacy Policy.
SECTION 11 — INTELLECTUAL PROPERTY AND NO AFFILIATION
Our IP. All card templates, layouts, artwork, graphics, fonts, design elements, text, software and other material on this site (other than Your Content) are owned by or licensed to UCards and are protected by Australian and international intellectual property laws. You may not reproduce, distribute, modify or create derivative works from our designs or site content without our express written permission. Purchasing a card gives you ownership of the physical item only; it does not transfer any intellectual property rights in the underlying design.
No affiliation or endorsement. UCards products are novelty, fan-made personalised display items created from content supplied by customers. UCards is not affiliated with, endorsed by, sponsored by or licensed by any sporting league, club, association, governing body, broadcaster, video game publisher, or any professional athlete or celebrity, including without limitation the AFL, NRL, FIFA, Football Australia, Netball Australia, EA Sports, or any of their related entities. Any club, team, league or competition name supplied by a customer is used solely to identify that customer’s own team and does not imply any association. All third-party trade marks remain the property of their respective owners.
Third-party marks and likenesses. You must not submit official club crests, league logos, sponsor marks, broadcast imagery, professional photography, or images or likenesses of professional athletes or public figures, unless you own the rights or hold a valid licence to do so. We may refuse or cancel any order that we reasonably believe involves such material.
Reporting infringement. We take intellectual property seriously and seek to comply with the Copyright Act 1968 (Cth) and other applicable intellectual property laws. If you believe your work has been reproduced on our site or on a product in a way that constitutes infringement, or that your intellectual property rights have otherwise been violated, please send a written notice to support@ucards.com.au containing:
• a specific description of the copyrighted work or other intellectual property you claim has been infringed;
• a specific description of where the allegedly infringing material is located (including a URL or screenshot) sufficient for us to locate it;
• your name, address, phone number and email address;
• a statement that you have a good faith belief that the use is not authorised by the rights holder, its agent or the law;
• a statement that the information in your notice is accurate and that you are the rights holder or are authorised to act on the rights holder’s behalf; and
• your electronic or physical signature.
On receipt of a valid notice we may remove or disable access to the material, and may cancel any related order. A notice that does not comply with the above requirements may be disregarded. Knowingly making a material misrepresentation in a notice may expose you to liability.
SECTION 12 — PROHIBITED USES
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or territory regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 13 — USER COMMENTS, FEEDBACK AND REVIEWS
If you send us creative ideas, suggestions, proposals, plans, reviews, competition entries or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send us. We are under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.
You agree that your comments will not violate any right of any third party, will not contain defamatory, unlawful, abusive or obscene material, and will not contain any virus or malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
SECTION 14 — THIRD-PARTY TOOLS, LINKS AND SERVICES
We may provide you with access to third-party tools and services (including payment processing, delivery, image processing, analytics and email services) which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, and we have no liability arising from or relating to your use of optional third-party tools, except to the extent liability cannot be excluded under the Australian Consumer Law. Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure you are familiar with the terms on which those tools are provided.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites, and we do not warrant and will not have any liability for any third-party materials or websites. Complaints, claims or questions regarding third-party products should be directed to that third party.
SECTION 15 — PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
SECTION 16 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order). Where we cancel an order for this reason, we will refund you in full.
We undertake no obligation to update, amend or clarify information in the Service, except as required by law.
SECTION 17 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
This section applies subject to, and does not limit, your rights under the Australian Consumer Law and any other rights that cannot lawfully be excluded.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
To the maximum extent permitted by law, the Service and all products delivered to you through the Service are provided “as is” and “as available”, without any representation, warranty or condition of any kind, express or implied.
To the maximum extent permitted by law, in no case shall UCards, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special or consequential damages of any kind — including without limitation lost profits, lost revenue, lost savings, loss of data or replacement costs — whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product purchased through it.
Where liability cannot be excluded but can be limited, our liability is limited, at our option, to the resupply of the goods or services, or the payment of the cost of resupplying the goods or services. In any event, our total aggregate liability to you in connection with an order is limited to the amount you paid us for that order, except where such a limitation is not permitted by law.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless UCards and our related bodies corporate, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law, or your infringement of the rights of a third party — including any claim arising from Your Content.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is deemed severed from these Terms. Such a determination does not affect the validity and enforceability of the remaining provisions.
SECTION 20 — TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If in our reasonable judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part of them).
SECTION 21 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 22 — GOVERNING LAW
These Terms, and any separate agreements whereby we provide you Services, are governed by and construed in accordance with the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.
SECTION 23 — CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes. The Terms in force at the time you place an order will govern that order.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms & Conditions should be sent to us at:
UCards Holdings Pty Ltd trading as UCards
Email: support@ucards.com.au