Caboodle provides customers with a wide variety of internet and email printing services, online tools and other services to create customised printed communication products, as well as shipping of finished products collectively, the Services. The use of this site is governed by the terms and conditions set forth below. Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions. Caboodle reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
You referred to herein as You Yours or User agree that Your use of such Services is at Your own risk. The Content as defined below, and Caboodle proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by Caboodle or its suppliers. Caboodle is a trading name of Print Kiosk (ABN 31 116 501 314)
All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by Caboodle collectively called the Content, and the collection, arrangement and assembly of the Content, is the property of or licensed by Caboodle or its suppliers and service providers and is protected by international copyright laws. The Content on all pages of the Caboodle website is provided solely for the use of Caboodle customers to interact with Caboodle and may not be used by You, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or works made for hire with Caboodle in or regarding such content Content.
When using any Services provided via the Caboodle website, You may elect to upload or otherwise submit materials to the site collectively, Materials. Caboodle does not supervise the uploading of any User-provided Materials to this site, although it reserves the right to do so. You agree, represent anCd warrant that in using the Services, You will not upload, submit or otherwise transmit to Caboodle:
Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person's privacy or further the commission or concealment of a crime;
Materials that are not lawfully Yours to transmit;
Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity;
Materials containing software viruses or other harmful computer code; or Materials that in any way interfere with or disrupt the Services or any servers or networks connected to or used with the Services any of the foregoing, Unauthorized Materials.
Caboodle takes no ownership in any Materials uploaded to the Caboodle website, except Caboodle retains its rights in and to the Content that is present on the site or that may be created and/or supplied by or for Caboodle.
You also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online for printing or processing, and agree to defend, indemnify and hold Caboodle, its parent and its parent's subsidiary companies and their respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by Caboodle in defending against such suit, demand or claim.
All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by Caboodle collectively called the Marks are proprietary to Caboodle or other respective owners that have granted Caboodle the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content.
Limitations and Disclaimers
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE Caboodle WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN AS IS BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Caboodle DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Caboodle DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER Caboodle NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW I ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; II FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; III FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; IV FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED Caboodle OF THE POSSIBILITY OF SUCH DAMAGES.
**NEITHER Caboodle NOR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OR THE LESSER OF $100.00 OR THE AMOUNT PAID TO Caboodle FOR THE SUBJECT PRINTED PRODUCTS PLUS SHIPMENT FEES, IF ANY.
In no event will Caboodle, its parent, or its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services any of the foregoing, Service Failure to the extent caused by or resulting from:
Your acts, defaults or omissions;
Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using Caboodle standard virus-detection procedures;
Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems;
Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the printed products used or stored by Caboodle;
The nature of the shipment, including any defect, characteristic or inherent vice of the shipment;
Your failure to provide an accurate shipping address or other information that You are asked to provide in connection with the provision of services;
Acts, defaults or omissions of any person or entity other than Caboodle, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
Our failure to notify You of any delay, loss or damage in connection with Your printed products or shipment or any inaccuracy in such notice;
Our release of shipments without obtaining a signature if a signature release is on file;
Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
All claims, whether they regard printing services or shipping services, should be resolved by contacting Caboodle. Failure to contact Caboodle directly will cause a delay in the processing of any claim and will result in a delay in processing Your claim, which could cause You to lose the ability to receive compensation for loss involving shipping or printing services as provided in these terms and conditions.
If a shipment containing Your printed products is refused by the recipient, or is damaged, the shipment will be returned to You if possible. If You refuse to accept the returned shipment or it cannot be returned because of damage, You are responsible for and will reimburse Caboodle for all costs and fees of any type connected with the return shipment and legal disposal of the shipment; Caboodle DOES NOT GUARANTEE THE SHIPMENT, AND DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, Caboodle DOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED FILINGS. Subject to the limitations listed above, Caboodle will provide a refund of shipping costs paid or will re-perform printing services and shipping services if any printed products are lost, damaged, not delivered, misdelivered or delivered late, to the extent caused by Caboodle or its third-party shipper. See Claims Procedure below.
PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO ANY PRINTED PRODUCT OR SERVICE.
Performance of any Services will not cause us to be deemed Your, or anyone's, agent for any purpose.
We will either refund or credit at our option the charges You actually paid for the Services including shipping charges, if applicable if we fail to properly provide the Services or the printed products or to properly ship the printed products, subject to limitations described in the Section above entitled Limitations and Disclaimers. In order to qualify for a refund or credit due to Service Failure, the following limitations apply:
To obtain a refund or credit, at our option, for a Service Failure, You must notify us within fifteen 15 days of the earlier of i the date of invoice or ii the date of shipment or the date picked up from a Caboodle retail location by You or Your agent.
For any claim related to damage of a printed product during shipping if the shipping services are provided through Caboodle, You must notify us in writing within seven 7 days after delivery of such printed products.
For all other claims, including claims arising out of any nondelivery, misdelivery or late delivery, You must notify us within thirty 30 days of the shipment date.
In the case of a claim concerning any defective printed products, You must return the defective printed products to Caboodle where the product was produced, by calling us at 1300 780 462 or by sending an email message to [email protected]
In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, You must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection.
Any claim against Caboodle under any cause of action arising from or related to the provision of Services or printed products or shipment of any printed products shall be extinguished unless an action is brought within one 1 year of the date of order. We will send Your refund to the billing address on Your account.
A service failure will not be deemed to have occurred if within 30 calendar days after Your notify us, we provide You with:
a. Proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the shipment or signature release information;
b.Service exception information reflecting that the failure to timely deliver resulted from circumstances described under Limitations and Disclaimers.
8. We are not obligated to respond or provide any credit or refund if Your have not paid for Services or shipping costs, if applicable; or when Your request is not received within the time limits stated above.
Caboodle will use commercially reasonable efforts to satisfy customer claims, subject to the limitations set forth in these Terms and Conditions.
Only one refund or credit is permitted per package. In the case of multiple-package shipments, this return policy will apply to every package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package.
A refund or credit will not be given for shipments delayed due to incorrect addresses or ZIP codes or the unavailability or refusal of a person to accept delivery or sign for the package or any of the causes described under Limitations and Disclaimers. In addition, for shipments to and from International destinations, no refund or credit will be given if failure to timely deliver is the result of tax authority or customs or other regulatory delays.
This refund policy does not apply to undeliverable or returned shipments.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. Caboodle reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide services exists between Your and Caboodle until Caboodle exercises the authorization to charge Your credit card, and the charge is validated and accepted by Your credit card company.
Because this site is viewable internationally, not all products and services mentioned will be available in Your country.
In the event that Caboodle learns of, or has reasonable grounds to suspect, that Your registration information is inaccurate, or that activity in violation of these Terms & Conditions has occurred within Your account, we can suspend or terminate Your access to Your account or the Services without notice and refuse to authorize its future use. Repeated violations of these Terms & Conditions will result in immediate termination. In addition, Caboodle reserves the right to discontinue the Services at any time without reason or advance notice to You.
These Terms and Conditions are governed by the laws of the State of Victoria, without giving effect to any principles or conflicts of law. Any litigation concerning these Terms & Conditions or other uses of this site shall be brought in Melbourne, Victoria, and Your consent to the exercise of personal jurisdiction over Your by such courts. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of Caboodle, and Caboodle is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, Caboodle does not monitor nor review the content of such sites, and You expressly understand that You access by link to such sites is at Your own risk.
Registration on caboodle.com.au
You may choose to register on printkiosk.com.au to access interactive features or update Your commercial account information. The availability of these services varies by country. In the future, Caboodle may add other features that may be accessed through printkiosk.com.au Login. In such event, previously registered users will not be required to re-register.
By registering on caboodle.com.au , You agree to provide accurate and current information about Yourself as prompted by the printkiosk.com.au Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
Some Services are being made available to customers based in some countries and not others. You agree to register only for printkiosk.com.au services offered on the caboodle.com.au website for the country in which Your account is based. For example, if Your Caboodle account is based in Japan, You will register for services offered on printsuperstore.jp and not for services offered on caboodle.com.au.
When Your register using caboodle.com.au Login Registration, Your will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and You are responsible for all activities that occur under Your password and user ID. You agree to a immediately notify Caboodle of any unauthorized use of Your user ID and password, and b ensure that Your exit from your session at the end of each visit.
You agree to indemnify, defend and hold Caboodle, its officers, directors, employees, shareholders, agents, affiliates. subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses including but not limited to attorneys' fees that arise directly or indirectly from; a Your breach of any provision of these Terms & Conditions; b any allegation that any Materials Your provided constitute Infringing Materials; or c any of Your activities conducted in connection with this site.
No Other Relationship
The use of this site creates no relationship, contractual or otherwise, between You and any other entity, supplier or service provider, other than Caboodle.