http://www.blindselect.com.au (Website) and form a binding contractual agreement between you, the user of the
Website and us, Marvel Lifestyle Pty Ltd T/As BlindSelectcom.au.
1.2 You should take the time to carefully read through these Terms, which may change from time to time. You may
contact us about any queries or concerns you may have with these Terms. Our contact details are set out in
the General section of these Terms.
1.3 By using the Website you acknowledge that you have read and agree to be bound by these Terms and by any
other documents, policies and conditions referred to within them. If you do not agree with these Terms, please
do not continue to access or use the Website.
2. What you can do on our Website
2.1 In relation to the Website, you may (Express Rights):
a. browse the website for general information concerning us, our products and/or our services. All
information on the Website is provided for general informative purposes only and does not constitute in any
way, specific advice about your circumstances or requirements;
b. download, copy, print and/or reproduce any portion of the Website for your own private and domestic (that is,
non-commercial) use, provided you do not remove any intellectual property rights notices applied or attached
to, or contained on the material in the process;
c. place orders and pay (by credit card) for our products and/or services;
d. subscribe to our newsletter e-mail list to receive periodic information regarding our products and/or services;
e. enquire about our products and/or services through our “Contact Us” facility.
2.2 Except for the Express Rights, you must not:
a. use the Website, or any aspect of the Website, for any purpose, including to:
i. download, copy, print and/or reproduce any aspect of the Website;
ii. distribute, re-transmit or communicate any material through the Website without first obtaining our
written permission to do so;
iii. “framing” any portion of the Website within any other website;
iv. bring us, or the Website, into disrepute;
v. infringe the intellectual property rights or other rights of any person; or
vi. breach any law, regulation, rule, code or other legal obligation;
b. modify or copy:
i. the layout of the Website; or
ii. any software or code contained in or constituting the Website;
c. use any data mining tools, robots, webcrawlers or any other similar data gathering and extraction device on or in relation
to the Website;
d. use, as meta tags or other "hidden text", any aspect of the Website;
e. change, modify, add to, remove, deface, hack, reverse-engineer, tunnel, or attempt to do any of those things in relation
to, or otherwise interfere with, the Website or any aspect of Website.
3. Your Account
3..1 To place orders for products or access some services made available through the Website you must first
create an account with us.
3.2 On completing and submitting the appropriate form, we will issue you with a username and a temporary password. You
will need to log into your account through the Website using this temporary password to complete the account creation process,
which will require you to change the temporary password we issue to you.
3.3 Once an account is created, you can place orders for products.
3.4 You are responsible for maintaining the confidentiality of your username and password and all activities occurring
through he Website using your username or password. We will not be responsible for any loss or damage you suffer due to your
lost, forgotten or stolen username or password.
3.5 If you are below 18 years of age, you may only use the Website with the express consent and under the supervision of
a parent or guardian.
4. Intellectual Property Rights
4.1 Use of this Website does not grant you any implied license for any purpose other than that specified under
these Terms. In particular, no express or implied right is granted for you to sell, license, transmit or communicate
any portion of the Website to any other person without obtaining our prior written permission to do so.
4.2 Nothing in these Terms constitutes a transfer of any intellectual property rights to you.
5. Disclaimers, Warranties and Limitation of Liability
5.1 From time to time the Website or certain aspects of the Website:
a. may not be accessible from time to time due to periods of maintenance, updates and upgrades, acts of
God or otherforce majeure events. We accept no responsibility for your inability to access the Website
as a result of these causes.
b. may contain links to other websites that are operated by others who are not under our control or influence
(Linked Websites). Unless expressly stated, we do not endorse the contents of, or have an association
with the owners or operators of, these Linked Websites. We accept no responsibility for the contents or
conduct of any Linked Websites.
c. may change without notice. While we have taken all reasonable care and effort to ensure that the
Website is accurate and updated regularly, you should make enquiries with us directly to ensure the
accuracy and currency of the material you seek to rely on.
5.2 We do not warrant, expressly or otherwise, the accuracy, completeness, currency or legality of the
Website. In particular, to the extent permitted by law and without limitation, we do NOT warrant that the
Website is or will be:
a. free of error or omission; or
b. free from any malicious software (including viruses, Trojan programs or the like).
5.3 We accept no responsibility for any loss or damage incurred as a consequence of:
a. your use of the Website or the contents of any Linked Websites;
b. your reliance on any information contained on the Website or any Linked Websites;
c. any delays to, interruptions of or cessation of access to the Website.; or
d. any defamatory, offensive or illegal conduct of any person using the Website.
5.4 By using the Website you accept the full cost of repair or modification of your computer software or
hardware which may be required for you to use the Website.
5.5 To the extent permitted by law, all warranties regarding the Website and content and material contained
on the Website is excluded, including any implied warranties of merchantability and fitness.
5.6 These Terms do not exclude any warranties or conditions that are mandated by law. In the event that we
are found liable for any breach of any such statutory condition or warranty, our liability will be limited, at
our option, to any one or more of the following:
a. in the case of goods, to any of the following:
i. replacement of the goods or the supply of equivalent good
ii. repair of the goods;
iii. payment of the cost of replacing the goods or acquiring equivalent goods; or
iv. payment of the cost of having the goods repaired; and
b. in the case of services, to either supplying the services again or payment of the cost of having the
services supplied again.
6. General Terms
6.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of
Western Australia, Australia. In the event that a dispute involving these Terms, you agree to irrevocably submit
to the non-exclusive jurisdiction of the Courts situated in that State and any courts of appeal from them.
6.2 The website is intended for use by Australian residents only. We do not accept orders for or deliver to products
or provide services for any person located outside Australia.