TERMS & CONDITIONS of Use – makemeiconic

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TERMS & CONDITIONS of Use

Updated April 2019

1. Agreement to Terms & Conditions of Use

This site is owned and operated by Make Me Iconic Pty Ltd ABN 82142387657. (Herein after referred to as ‘we’, ‘us’, ‘our’. "MMI" or ‘it’). We reserve the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these Terms and Conditions from time to time for such changes. They explain a number of things including, for example, the rules covering your use of this site as well as other information regarding your rights. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. These Terms & Conditions of Use may change from time to time and, if they do, the up-to-date version will always be available on our website. We will indicate at the top of these Terms & Conditions of Use when they were last updated.

2. Intellectual Property

The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials including the look and feel, and names, logos and trade marks (collectively known as “content”), are the property of Make Me Iconic and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material in any way (including mirroring) to any third party or to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Make Me Iconic's express prior or written consent.

Save for the above, and unless expressly granted, Make Me Iconic does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Make Me Iconic website or in the user interface of the Make Me Iconic website.

3. Content

Make Me Iconic does not make any warranty as to the accuracy, completeness or currency of the content. While Make Me Iconic endeavours to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. As a user of this website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it. To the extent permitted by law, Make Me Iconic and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the content whether or not this is caused by a negligent act or omission. Make Me Iconic and each party providing content to the website are limited in its liability to the extent permitted by law, to the resupply of the content. Make Me Iconic does not accept responsibility for any liability in respect of access to other content through the use of this website.

4. Your Use of the Website

While utilising our Website, you must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Make Me Iconic Website.

You may not trace or seek to trace any information of any user or customer of Make Me Iconic, including any Make Me Iconic account not owned by you to its source. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Make Me Iconic or others.

5. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to the purchase of goods or services and to specific portions or features of the website, including contests, promotions or other similar features. All additional terms form part of these Terms of Use. You agree to abide by such additional terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the additional terms and conditions posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall have authority with respect to your use of that portion of the website or the specific service.

6. Change of Mind

Exchanges or refunds for change of mind cannot be offered.

7. Cancellation Policy

Our order process is automated to distribute products quickly and accurately. Cancellation or modification requests must be received within 1 hour of placing your order. Cancellations or modifications made after 1hr of placing an order cannot be processed, and as such are ineligible for a refund. Cancellation requests must be emailed to sales@makemeiconic.com and titled ‘Cancel Order’ in the subject field. Please include your full name and order number in the body of the email.

8. Product Descriptions and Colours

We have done our best to display as accurately as possible the colours of the products shown on this website. Occasionally, prototype samples are photographed. Production models may vary slightly. You will always receive the latest model. The colours you see will depend on your monitor and, so we cannot guarantee that your monitor’s display of any colour will be accurate.

9. Correction of errors and limitations

Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase, please see our returns policy for details on how to obtain a refund.

10. Promotional codes & Discount Offers

Promotional Codes and discount offers are strictly limited to 1 per person, per order and do not apply to discounted products, sets or refills and whilst stock lasts. Only one promotional code can be used at one time.

11. Returning items from a stockist

Products purchased from an Make Me Iconic stockist are bound by the terms and conditions of that stockist. It is the customers responsibility to be aware of and understand the return policy of the stockist from which they made an Make Me Iconic purchase as these terms may vary. It is also the customers responsibility to notify the stockist from where the Make Me Iconic product was purchased of any issues they may have.

12. Delivery Costs

We offer FREE SHIPPING within Australia if your purchases total $100 AUD or more. For purchases less than $100 AUD a shipping cost of $10-$15+ AUD will be charged depending on the options you have selected at checkout (including stock items).

SHIPPING TIMES

Make Me Iconic will use reasonable endeavors to arrange dispatch of your items ASAP of you submitting your purchase with us. If you need it sooner, just contact us and we will do our best to fast track your purchase. The delivery time will vary depending on your location.

Please note our shipping days are Mondays, Wednesdays and Fridays at this time of year and Monday to Friday during the busy Christmas periods September-December. Orders placed after 1pm will be processed the next business day. Please allow extra time for processing and delivery at peak times like Christmas and Easter and during our season sales. Orders are not processed or dispatched on weekends or Australian public holidays. Delivery times exclude the dispatch day. Generally most orders (both local & international) are sent with Australia Post and are therefore bound by Australia Post's delivery times. You can view these by visiting www.auspost.com.au

Once your order has been dispatched you will receive an email notifying you of your tracking information or this information can also be found in your 'My Account' section if you have set-up an account with us.

Delivery or tracking enquiries are the responsibility of the customer and can be made at www.auspost.com.au by quoting your tracking number or by other means if we have selected other delivery options for you.

DELIVERY OF YOUR ORDER

Make Me Iconic shipping and processing charges costs are calculated to compensate us for the cost of processing your order, handling and packing the products you have purchased and delivering them to you via our shipping methods. All orders over $100 will be shipped FREE of charge within Australia and will be deducted at check-out. Large or bulky shipments in areas such as WA or QLD may not be subject to our standard shipping charges. In these instances, we will contact you with a revised shipping quote before dispatching your order and you will be given the option to cancel. FREE, Express Post and Standard shipping options do not include insurance cover; in the event of loss or damage during transit, Make Me Iconic will not be liable. All parcels are dispatched from Melbourne, Australia.

SHIPPING METHODS

Delivery of products within Australia we use a combination of Australia Post, Fastway Couriers, Couriers Please and the online services of Sendle. Make Me Iconic does not accept any responsibility for shipping times, and we cannot refund items that arrive later than required.

Australia wide - all deliveries must be signed for. Risk and title in the product will pass upon you, or any other person in attendance at the delivery address, signing for receipt of the product. If there is no one at the delivery address to receive the product, the product will be taken by the courier company and a calling card will be left on your doorstep. The courier company may attempt further delivery of the product to you. As this may not always happen, we advise you to keep track of your delivery through the tracking number that can be found online in your Make Me Iconic account and/or was emailed to you. Our courier providers will return your order to us if you do not arrange to pick it up promptly. Should this happen, you will be required to pay a $10 re-postage fee for re-delivery of your parcel. Make Me Iconic does not accept any responsibility for goods once they have been collected including any loss or damage in transit. No re-imbursement will be made by Make Me Iconic in such cases, unless you have chosen our Insured Post or Priority Shipping options, which include insurance for your goods. In this case, we will submit an investigation and your goods will be replaced or reimbursed on completion of this investigation. Postage will not be reimbursed.

INTERNATIONAL SHIPPING

Make Me Iconic uses Australia Post services to deliver products outside of Australia (internationally). Just remember that you may be liable for customs duties in your own country. International shipping is available to selected countries and it may come up ridiculously expensive at the time of checkout because these are not our postal charges. We are really sorry, but these are the charges set by Australia Post based on weight, height and packing of the products you have chosen at check-out and are calculated automatically via some fancy code our web designer has set up linking to the Australia Post website. We would love it if the prices were cheaper to send our things overseas, but unfortunately there is nothing we can do about their prices. But we do however feel that our products are worth it to send overseas based from all the lovely feedback we have had from our customers who received some of our stuff.

We currently cannot deliver goods to North America (USA and Canada) from our website due to potential legal reasons and insurance (we blame it on Suits crazy legal battles). Thank you for your understanding and we are working on this to change in the future and will keep you updated on this progress.

Customs Fees: Some countries (UK, the E.U., and Canada in particular) charge Customs fees or import duties on merchandise ordered from overseas. Please be aware that these charges are the customer's responsibility and are beyond our control and your delivery charge with us does not include any applicable import taxes and customs duties for your order. We advise that you contact the relevant government body in your country (e.g. Customs & Excise) for information on what these charges might be. In compliance with Australian export regulations, we must declare the exact value of all products ordered and mark them dutiable as "merchandise". The law prohibits us from marking any order as a "gift" even if you are placing an order with the intention of sending a gift to a recipient. It is a criminal offence for us to make a false Customs declaration, and we are unable to misrepresent your goods for the reduction of import duties/tax fees. Customs inspections may also result in Delivery Estimate delays. 

CHANGE OF ADDRESS

Change of address requests must be received within 2 hrs of placing your order by emailing sales@makemeiconic.com, and must be titled ‘Change of Address’ in the subject field. Please include your full name, order number and corrected shipping address in the body of the email. Orders returned because of incomplete or incorrect address information will incur an additional postage fee of $15 to resend.

Make Me Iconic reserves the right to refuse to exchange or credit any requests.

13. Confidentiality

Make Me Iconic does not guarantee that your use of this website will be confidential although we will use best endeavours to make it as secure as we possibly can. Make Me Iconic is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this website. Use of personal information has been documented within Make Me Iconic's Privacy Policy, which can be accessed through the website main page.

14. Privacy

Make Me Iconic is committed to adopting the highest standards to safeguard our customers' personal information. Please refer to our Privacy Policy which sets out how and why we collect, use and disclose your personal information.

15. Links to other websites and to the Make Me Iconic Website

This website may contain links to other independent third-party websites ("Linked Websites"). These linked websites are provided solely as a convenience to our visitors and customers. Such linked websites are not under Make Me Iconic's control, and Make Me Iconic is not responsible for and does not endorse the content of such linked websites, including any information or materials contained on such linked websites. You will need to make your own independent judgment regarding your interaction with these linked websites.

If you wish to establish a link to our website you must first seek approval from Make Me Iconic. The following information will be required to assess your request:
  • the URL of the website that you seek to establish a link from
  • a brief description of your website
  • the reason that you wish to establish a link.

If Make Me Iconic agrees to your proposed link, you must comply with any terms and conditions imposed by Make Me Iconic as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Make Me Iconic and provide a new description of your website.

16. Security

Make Me Iconic will take all reasonable steps to ensure the security of your personal information. Please refer to our Privacy Policy for further information on how Make Me Iconic has endeavoured to ensure the security of Personal Information.

Make Me Iconic notes that some components of the website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.

Make Me Iconic is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. Make Me Iconic requests that you promptly report any unauthorised use of the password to us.

17. Disclaimers

Make Me Iconic makes no representations or warranties of any kind, express or implied as to the operation of this Website or the information, Content, materials or products included on this Website. You expressly agree that your use of this Website is at your own risk.

To the maximum extent permitted by law Make Me Iconic excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website, Content and the use or performance of the Make Me Iconic Website.

Where the law implies a warranty into these Website Terms of Use which may not lawfully be excluded Make Me Iconic’s liability for breach of such a warranty shall be limited at its option, to any one or more of the following:

in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

Make me Iconic does not warrant that the Website, its servers or email sent from Make Me Iconic is free of viruses or any other harmful components.

You assume total responsibility for your use of the Website and any Linked Websites. Your sole remedy against Make Me Iconic for dissatisfaction with the Website or any Content is to stop using the Website or any such Content.

This limitation of relief is a part of the agreement between the parties. Make Me Iconic reserves the right to do the following, at any time, without notice:

Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;

Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and

To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

18. Indemnity

You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these Terms and Conditions. If you have to indemnify us under this Section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

LIMITATION OF LIABILITY WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WE DO NOT WARRANT THAT OUR WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS AND CONSEQUENTIAL DAMAGES.

Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.

19. Applicable Law

The Website (excluding any Linked Websites) is controlled by Make Me Iconic. These Terms of Use are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Website Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Although this Website can be accessed throughout Australia and overseas, Make Me Iconic does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place

20. Communications from Us

As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications so each one of these communications will contain a clear link to unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

21. Submissions

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

22. Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Placing an order with Make Me Iconic means that you have read and accepted these 'Terms & Conditions' as outlined below, and that you have accepted our Delivery Terms which can be viewed here.

Unless otherwise specified, all prices quoted, and sales transactions are in Australian Dollars. GST is included in sales to Australian and New Zealand customers.

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