Last Updated: 24th December, 2024
Melocards is owned and operated by Performers HUB!
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by Melocards. By using the website and services, you agree to be bound by these terms and conditions and our privacy policy.
In these terms and conditions, the words "website" refer to Melocards website, "we", "us", "our", and "Melocards", refers to Melocards, and "client", and "user", refers to you, the user or client of Melocards.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM MELOCARDS.
This agreement sets forth the legally binding terms for your use of the website and services offered by Melocards. By accessing and using the website and its services, you agree to abide by the provisions of this agreement. If you do not agree to these terms, you must refrain from using the website and services. We reserve the right to modify this agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services following the posting of any modifications, you agree to be bound by the updated terms; therefore, it is important that you review this agreement periodically.
Melocards reserves the right, in its sole discretion, to refuse to provide services to any user or client and to modify its eligibility criteria at any time. This provision shall be inapplicable in those jurisdictions where it is prohibited by law and, in such cases, the right to access the website and services will be revoked.
By using the website and services, you represent and warrant that you have full power, authority and capacity to enter into this agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
By providing Melocards with your email address, you agree that we may use it to send you important communications about our services, news and special content. If you do not wish to receive these emails, you can opt out by sending us your request through our contact information or by using the 'unsubscribe' option available in the emails themselves. This option may prevent you from receiving emails about our services, important news and special content.
Melocards offers unique personalized digital cards that combine animation, music and personalized messages in a modern and elegant format. These cards are an original and meaningful way to share special messages with your loved ones. Fully customisable, Melocards allow users to select every detail to suit their tastes and needs. Once designed, the card can be sent instantly via email or a shareable link. Melocards transforms the traditional concept of a card into a memorable experience that leaves a lasting impression.
Ordering on the Melocards website is a quick and easy process designed to allow you to create a personalized digital card in minutes. Each Melocard is unique and completely customisable to your preferences, from animation to message to music. Follow these steps to complete your order:
Once the recipient receives their Melocard, they can access the final design by clicking on the link, which will open in their web browser.
Important note: We do not accept cancellations. Please carefully review all details, including text, music, design and recipient details, before confirming your submission. Once submitted, the process is final and cannot be changed.
Payment for Melocards must be made at the end of the digital card personalisation process. Once the user has selected the animation, music, design, message and all other personalisation details, payment will be required to confirm the order. Users will be able to make payment using the payment methods available on the website, which will include secure and reliable options to ensure the protection of the user's data during the transaction.
All prices quoted on the website are in Australian dollars. It is the user's responsibility to ensure that the payment details provided are accurate and up to date. In the event of an unsuccessful or pending payment, the order will not be processed and the user will be required to retry the transaction or use an alternative payment method.
Once payment has been confirmed, no changes, modifications or cancellations to the order will be allowed. The amount paid is non-refundable, except in exceptional circumstances where a technical error attributable to the website has prevented the delivery of the Melocard. In such a case, the user must contact technical support to discuss a possible solution.
By making payment, you agree to the applicable terms and conditions and confirm that you have reviewed all details of your order before proceeding. Melocards reserves the right to update the accepted payment methods and related policies at any time without prior notice.
Melocards provides a digital card personalisation and delivery service designed to offer a simple and memorable experience. However, use of the website and its services is at the user's sole risk. Melocards does not warrant that the Services will be available on an uninterrupted or error-free basis, nor does Melocards warrant that the Services will meet all User expectations for personalisation, design or delivery. While reasonable efforts are made to ensure the proper functioning of the website, Melocards shall not be liable for service interruptions, delays in delivery, technical errors, or any other inconvenience beyond its control.
Melocards assumes no responsibility for errors in the details provided by the user during the personalisation and payment process. It is the user's responsibility to verify that the animation, music, message, design, recipient details and any other information entered are correct before confirming the order. Once the order has been placed, the order cannot be modified or cancelled, and Melocards will not be liable for any failure related to incorrect or incomplete information provided by the user.
Delivery of digital cards depends on the recipient's email settings or access to the digital platform used to share the link. Melocards is not responsible for problems arising from the use of third-party platforms, such as spam filters, email service failures, or recipient connectivity problems. You further agree that, if you choose to share the link yourself, you are solely responsible for ensuring successful delivery.
Melocards shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the Website, including, without limitation, loss of data, business interruption or any other economic loss. This limitation applies even if Melocards has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Melocards limits any liability to the amount paid by the user for the services purchased. By using Melocards' website and services, the user accepts this limitation of liability provision as a condition of use of the website and services. This disclaimer does not exclude or limit liability that cannot be lawfully excluded or limited under applicable law.
All content present on the Melocards website, including but not limited to designs, animations, music, graphics, text, logos, source code and any other material, is the exclusive property of Melocards or is used under licence with rights duly granted by third parties. This content is protected by copyright, trademark and other applicable intellectual property laws. Any unauthorised reproduction, distribution, modification, display, transmission, stream or use of this content without the prior written consent of Melocards or the respective rights holders is strictly prohibited.
In addition, certain elements available on the website, such as certain animations, designs or sound effects used in Melocards, have been obtained through licences granted by third parties. These elements are subject to the copyrights of their respective owners and are used in accordance with the terms of such licences. Melocards users do not acquire any rights to third party content by using the services offered on the website.
Any misuse of protected content may constitute copyright infringement and will result in appropriate legal action. Melocards reserves the right to take action against any unauthorised use or infringement of intellectual property rights related to the website and the services it offers. By using the website, the user acknowledges and agrees to respect these intellectual property rights.
Melocards will respond to all enquiries, complaints and claims relating to alleged infringements for breach or violation of provisions contained in Australian and international copyright and intellectual property laws and regulations. Melocards respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:
Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.
The following activities are prohibited:
Due to the nature of the internet, Melocards provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Melocards for any loss or damage caused as a result.
Melocards shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, iInternet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject to the foregoing, to the fullest extent permitted by law, Melocards excludes all liability for any loss or damage of any kind which may arise, including without limitation any direct, indirect or consequential loss arising out of your use of the website and our services.
Melocards shall have no liability to pay any compensation of any kind, including without limitation any liability in connection with:
Melocards will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorised human action, including errors or mistakes.
You agree to defend and indemnify Melocards from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
This agreement together with the privacy policy and any other legal notices published by Melocards, shall constitute the entire agreement between you and Melocards concerning and governs your use of the website and the services.
Melocards shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.
In the event of any dispute, claim or controversy relating to the interpretation, performance or enforcement of these terms and conditions, or the services provided by Melocards, both parties agree to attempt to resolve the dispute amicably and in good faith through a mediation process. The mediation will be facilitated by a neutral mediator selected by mutual agreement of the parties. The costs associated with the mediation process will be shared equally by both parties, unless otherwise agreed. The mediation will be conducted in a mutually acceptable language and at a location agreed by the parties, preferably virtual to ensure accessibility.
If, after a reasonable period of time, mediation does not lead to a mutually satisfactory solution, any outstanding dispute shall be resolved by binding arbitration. The seat of arbitration shall be Australia. The arbitration shall be conducted in the English language, unless otherwise agreed by both parties, and the arbitral award shall be final and binding on both parties. The parties expressly waive any right of appeal or recourse, except as permitted by applicable Australian law.
The parties also agree that each party shall bear its own legal costs related to the arbitration, unless the arbitrator determines otherwise in his award. Melocards and the Client acknowledge that arbitration shall be the exclusive remedy for resolving disputes that are not resolved by mediation, and waive the right to bring any claim in court, except to the extent necessary to enforce the arbitration award or to seek injunctive relief prior to or during the arbitration proceeding.
By agreeing to these terms, both parties confirm their commitment to resolve any dispute efficiently, confidentially and fairly in accordance with the principles set out in this clause.
These terms and conditions shall be governed by and construed in accordance with the laws of Australia. Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia. This applies unless binding arbitration is agreed in the relevant section below.
Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorisation to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.
In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
If you have questions or concerns about these terms, please contact us using the contact information below:
We're not yet big enough to offer support, so you may not get a reply from the following email address. Make sure to check if we've anticipated your question in our FAQs.
Email: contact@melocards.com
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