Terms of Use

Updated 1st October 2015

1. Agreement to Terms & Conditions of Use

These Terms & Conditions of Use (the "Terms of use") apply to the Make Me Iconic website located at www.makemeiconic.com (the "website"). We, Make Me Iconic Pty ltd ("MMI", "we" or "us"), ask that you take the time to read these Terms & Conditional of use carefully. 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. 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.

7. 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.

8. 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:

  1. the URL of the website that you seek to establish a link from
  2. a brief description of your website
  3. 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.

9. 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.

10. 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:

  1. 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
  2. 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:

  1. Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
  2. Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
  3. 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.

11. Indemnity

You must indemnify and hold harmless Make Me Iconic, its employee's contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
a) any breach by you of these Terms & Conditions of use; or
b) reliance by you on any information obtained through the Make Me Iconic website.

12. 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 where you are located.

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