Terms of service

OVERVIEW
Welcome to Icon Footwear! The terms "we", "us" and "our" refer to Icon Footwear. Icon Footwear operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Icon Footwear is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://iconfootwear.au/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where these Terms are inconsistent with those rights, those rights prevail.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You agree that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.
Product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
This does not affect your rights under the Australian Consumer Law, including the guarantees that goods are of acceptable quality and match their description.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Icon Footwear reserves the right to accept or decline your order at its discretion. Your order is not accepted until Icon Footwear confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will notify you using the email, billing address and/or phone number provided with the order, and refund any amount paid for items we cannot supply.
Returns and exchanges are handled in accordance with our Returns & Exchanges policy (https://iconfootwear.au/policies/refund-policy) and your rights under the Australian Consumer Law.
You agree that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
All prices are in Australian dollars and include GST. Shipping costs are shown at checkout before you pay. Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Prices in our online store may be different from prices in our Hobart store or in stores operated by third parties. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You confirm that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method for the purchase, (iii) charges incurred by you will be honoured by your card provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping charges.

SECTION 5 - SHIPPING AND DELIVERY
We ship within Australia only, via Australia Post. Shipping costs, dispatch times and estimated delivery times are set out in our Shipping Policy (https://iconfootwear.au/policies/shipping-policy). Delivery times are estimates based on Australia Post's service standards. If your order is delayed or doesn't arrive, please contact us and we'll help resolve it.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Icon Footwear, its affiliates or licensors and are protected by Australian and foreign copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Icon Footwear, Shopify or any third party. All rights not expressly granted herein are reserved by Icon Footwear.
Icon Footwear's names, logos, product and service names, designs and slogans are trademarks of Icon Footwear or its affiliates or licensors. You must not use such trademarks without the prior written permission of Icon Footwear. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
Subject to the Australian Consumer Law, we provide access to such tools "as is" and "as available" without any endorsement, and any use by you of optional tools is at your own discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
Please review the third party's policies and practices carefully before you engage in any transaction with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Icon Footwear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Icon Footwear. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Icon Footwear, including any injury, damage or loss resulting from purchased products and services, and you release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Icon Footwear. This does not affect any rights you have against Icon Footwear under the Australian Consumer Law.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy (https://iconfootwear.au/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You confirm that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene material, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate (including after you have submitted your order). If we cancel an order for this reason, we will notify you and provide a full refund of any amount paid.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state or territory laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Icon Footwear, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect any order we have already accepted or your rights under the Australian Consumer Law.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
Subject to the Australian Consumer Law and your rights under it:
The information presented on or through the Services (other than product information and pricing) is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of this general information.
To the extent permitted by law, we do not guarantee that your use of the Services (meaning our website and online tools) will be uninterrupted, timely, secure or error-free. Any warranties or conditions that are not set out in these Terms and that are not guaranteed by the Australian Consumer Law are excluded to the extent permitted by law.

SECTION 16 - LIMITATION OF LIABILITY
Subject to the Australian Consumer Law and your rights under it:
To the extent permitted by law, Icon Footwear, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, will not be liable for any indirect, incidental, special or consequential loss or damage, including lost profits, lost revenue, lost savings or loss of data, arising from your use of the Services.
Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, it is limited, at our option, to replacing or repairing the goods, supplying equivalent goods, or paying the cost of replacing or repairing the goods.

SECTION 17 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Icon Footwear, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services. This indemnity is reduced to the extent that any loss was caused by our own act or omission.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms of Service. This will not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us regarding your use of the Services, superseding any prior versions of the Terms of Service.

SECTION 20 - ASSIGNMENT
You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations, provided this does not reduce your rights under these Terms or the Australian Consumer Law.

SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of Tasmania, Australia, and you submit to the non-exclusive jurisdiction of the courts of Tasmania.

SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We may update, change or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Changes will not apply to orders placed before the change takes effect. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at icon@iconfootwear.com.au.
Icon Footwear
117 Collins Street, Hobart TAS 7000
Phone: (03) 6224 7688
Email: icon@iconfootwear.com.au
Icon Footwear is operated by A.C.N. 686 219 027 PTY LTD (ABN 42 686 219 027)