User Agreement

User Agreement

The use of this website and any Select content on social media sites (including but not limited to Facebook, Instagram and Twitter) (‘the Site’) is subject to the following terms and conditions, the Select Website Privacy Policy, the Select Application Terms and Conditions, Delivery Terms and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Site from time to time (‘Terms and Conditions’). Please read the Terms and Conditions carefully before using the Site. The Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through the Site.

By using any of the Site, you agree to be bound by the Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site and the Internet. If you do not agree to the Terms and Conditions in their entirety please leave the Site.

Operator of the Site

The Site is owned and operated by Select Australia Pty Ltd, Unit 8, 53 Myoora Road, Terrey Hills, NSW, 2084 (Select) ABN 49 003 881 052.

Content on the Site

All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software, (Content) is owned by Select or its affiliated companies, Select' licensors and/or its content providers. The Site including, but not limited to, the general design and the Content, is protected by copyright, moral rights, trade marks and other intellectual property rights. Except as explicitly permitted by applicable copyright laws or under the Terms and Conditions or another agreement between you and Select, no portion or element of the Site or its Content may be copied or reproduced in any form or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Select or its affiliated companies or Select' licensors unless otherwise expressly agreed. All such rights are reserved.

Copyright and Trademarks

The copyright in all Content is owned by Select. Except as may be otherwise indicated on the Site or authorised under applicable copyright laws, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. Otherwise, except as permitted by applicable copyright laws, you may not modify any Content, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, and you may not reuse any Content without first obtaining the consent of Select. For purposes of the Terms and Conditions, the use of any Content on any other website or networked computer environment is prohibited unless prior written approval is received from Select. You will not remove any copyright, trade mark or other proprietary notices from Content found on the Site.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by Select. Select does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Select and/or its licensors retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos and trade names which appear on products of Select, product packaging and/or on the Site, whether registered or not (including but not limited to: the word mark "Select", "Select logo" (the Trade Marks) remain the exclusive property of Select. are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Select' prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Select.

Disclaimer of warranties

The Site and the Content are free of charge and provided 'as is' and, except to the extent required by law, without any warranties of any kind. The information on the Site is for general information purposes only and does not constitute advice.

Except to the extent required by law, Select does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, Select will not provide for specific IT infrastructure or connectivity. Thus Select cannot represent or warrant the Site will be uninterrupted or error free. Except to the extent required by law, Select does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of liability

Your use of the Site is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Select limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law, neither Select, nor any of its employees, officers, directors or any of its agents, contractors or any other party involved in creating, producing or delivering the Site or any Content will be liable for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, the Site or Content or any other material or product provided to you via the Site, including damage caused by viruses or any incorrectness or incompleteness of the information on the Site, or relating to the performance of the products obtained via the Site or otherwise arising out of or in connection with the Site or the Terms and Conditions, even if Select has been advised of the possibility of any such loss or damage.

The limitations and exclusions set out in this section do not apply to any liability of Select for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).

Links to third parties

For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Select’ service and off the Site and are beyond Select’ control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The sites you can link to may have their own separate terms and conditions as well as a privacy policy. Select is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.

Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

Misuse of the Site

You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Select may deny you access to the Site at any time in its sole discretion, and which shall include situations where Select believes that your use of the Site is in breach of any of the Terms and Conditions and/or applicable laws.

You are also prohibited from using the Site to advertise or perform any commercial solicitation.

User Generated Content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Select shall have the non-exclusive, royalty-free, right and licence to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world.

You acknowledge and agree that Select only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content, accuracy of or for any offensive, unlawful or objectionable content you may encounter on the User Generated Content. Select shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Select be under an obligation to do so. Without limiting the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Select. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the licence as stipulated in this paragraph. You agree to indemnify Select and keep Select indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Select or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.

Select reserves the right at its sole discretion to block ,remove (in whole or part) or restrict any User Generated Content posted or transmitted by you and which Select believes is not in accordance with the Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Select without notice, and without liability to you or anyone else.

You warrant that your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Select a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

You agree to promptly notify Select in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches the Terms and Conditions. You agree to provide to Select sufficient information to enable Select to investigate whether such User Generated Content (or other Content) breaches the Terms and Conditions. Select agrees to make good faith efforts to investigate such complaint and shall take such action as Select in its sole discretion decides. However, Select does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

Unsolicited ideas

Select maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Select business (including without limitation cards, memorabilia or other collectibles or services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to Select. You should therefore not post any Materials on the Site or send these to Select by e-mail or otherwise.

How you can contact us

If you have any questions or comments about the Site or the Terms and Conditions or in the event that you wish to make a complaint regarding the Site (or its Content), then please contact us. The contact details are:

Select Australia Pty Ltd,

ABN 49 003 881 052

Unit 8, 53 Myoora Road,

Terrey Hills,

NSW, 2084

Australia

email: info@selectaustralia.com.au

Customer Service: +61 2 9486 3286

Delivery

At the time of making a purchase, the shipping cost will be added. A flat shipping fee (Postage & Handling) of between $9.00 - $18.00 is charged for all orders. The fee is dependent upon the delivery location.

Currently Select will only ship to addresses within Australia including post office boxes. Please allow 3 to 7 working days for delivery. All parcels are shipped from Select’s warehouse facility. Parcels carry a unique identification number and a signature is required upon delivery. Select takes no responsibility for lost or stolen items. Should the delivery address be unattended, an 'Attempted Delivery' card will be left and the parcel will be taken to the closest Post Office for collection.

At this time Select will only deliver to international addresses by prior arrangement with Select. A separate delivery charge will be incurred in such instances. International orders may be subject to additional taxes and import duties. These are the responsibility of the customer and Select has no obligation to pay for such fees or taxes. International customers please make appropriate enquiries before ordering.

Changes to the terms

Select reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to the Terms and Conditions will mean you accept those changes.

Severance

Each provision of the Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of the Terms and Conditions.

Purchases

If you want to order products via the Site, please also read the Delivery Terms.

Applicable Law and Jurisdiction

The User Agreement and the Terms and Conditions shall be governed by the laws of Victoria, Australia, and you and Select hereby submit to the jurisdiction of the courts of Victoria.

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