TERMS AND CONDITIONS OF USE
Welcome to the Iconz Website. The information and materials provided on the Iconz Website will be used for informational purposes only. By using, accessing or downloading materials from the Iconz Website you agree to follow the terms and provisions as outlined in this policy, which apply to all visits that you make, both now and in the future. We may at any time revise and update the Iconz Website terms and conditions (hereinafter referred to as “Terms and Conditions”). You are encouraged to periodically visit the Iconz Website to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of use, please do not use the Iconz Website. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. Any violation of the foregoing may result in civil and/or criminal liabilities.
1.1 You must be 18 or older to participate with Iconz.
1.2 You may view, download and copy information and materials available on the Iconz Website solely for your personal, non-commercial use. We are not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on third party websites that may be connected or displayed on the Iconz Website
2 LINKS TO OTHER WEBSITES
2.1 As convenience measure and to make the Iconz Website truly a service-oriented site, we have included third-party web links to compliment the Iconz Website and user experience. These third party sites are owned, operated and controlled by third parties and the Iconz Website has no role to play in their control or operation. We make no representation and are not responsible for the availability of, or content located on or through these third-party sites. A third-party web link is not an indication that we endorse such sites, or are in a manner affiliated to them. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all measures to guard against viruses or other destructive elements. In using the IconzWebsite, you agree that the Iconz Website and any affiliates. shall not be liable for any damages whatsoever (including financial, indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information) arising from your use of any third party websites linked or referred to on the Iconz Website or third-party information provided on the Iconz Website.
2.2 Links do not imply that the Iconz Website is legally authorized to use any trademark, trade name, logo or copyright material displayed on the Iconz Website. With respect to any trademark, logo or copyright material, displayed on the Iconz Website, ownership of which belongs to third parties, the Iconz Website acknowledges and gives full credit of ownership to respective third parties.
3.1 All comments, feedback, information or materials submitted to the Iconz Website through or in association with this website shall be considered non-confidential and our property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Iconz Website of worldwide rights to use, copy, modify, display and distribute the submissions. The Iconz Website may use such comments, information or materials in any way it chooses in an unrestricted basis.
4 ORDER AND PAYMENTS
4.1 When the customer places an order, the customer is accepting an offer for the costume selected, including the size ordered by the customer.
4.2 The Seller is unable to offer refunds or exchanges in respect of costumes purchased.
4.3 Upon placing the order, you acknowledge that the Seller is unable to make changes to the costume
ordered, including but not limited to the size, add-ons or any other feature of the costume selected by you.
4.4 The Seller will acknowledge your order. The acknowledgment is to confirm that we have received your order by email. The confirmation will provide details of what you have ordered, the price that will be charged as well as other information about the progress of your order and estimated dispatch and delivery information.
4.5 Upon placing the order, you agree to pay no less than 50% of the total cost of the costume reflected in the order.
4.6 You further agree to make full and final payment to the Seller by April 15th, 2019. Where you fail to make full and final payment by April 15th, 2019, the Seller may exercise their right to sell the costume to a third party without notice to you. No refunds will be granted.
5 PRICE OF GOODS
5.1 We try our best to display accurate and up to date prices on the Iconz Website, however, we cannot state the definite price until we send you the confirmation email.
5.2 You agree to pay all charges including the price of the costume and any applicable shipping fees (if necessary). We reserve the right to correct any error or mistakes in pricing even if we have requested or received payment.
5.3 When you place an order online you authorise the Seller to charge your chosen payment provider for any such amounts, you specify on your order for the amount of the order at the time we send the confirmation email.
6 CANCELATION BY SELLER
6.1 The Seller reserves the right to cancel the contract between both parties if the Seller has insufficient stock to deliver the goods you have ordered; or one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
6.2 If we cancel your contract, we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7 EVENTS BEYOND OUR CONTROL
7.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, the breakdown of systems or network access, flood, fire, explosion or accident.
8.1 The Iconz Website team strives to provide you with useful, accurate, and timely information on the Iconz Website. Accordingly, we have attempted to provide accurate information and materials on the Iconz Website but assume no responsibility for the accuracy and completeness of that information or materials.
8.2 We may change the content of any information or materials available at the Iconz Website, or to the products or services described in them, at any time without notice. We do not warrant that the information contained on the Iconz Website is accurate or complete or accurate, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.
8.3 We further assume no liability for the interpretation and/or use of the information contained on the Iconz Website, nor does it offer a warranty of any kind, either expressed or implied. Hurley’s Media Limited and the Iconz Website is not responsible for and makes no representations or warranties about, the contents of the Iconz Website to which links may be provided on the Iconz Website.
8.4 We make no commitment to update the information or materials on the Iconz Website which, as a result, may be out of date.
8.5 Information and opinions expressed in bulletin boards or other forums are not necessarily those of Hurley’s Media Limited and/or the Iconz Website. Neither us, nor our officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Iconz Website and we reserve the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding upon you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of the Iconz Website.
8.6 All information and materials available at the Iconz Website are provided “as is” without any warranties of any kind, either express or implied, and Hurley’s Media Limited and the Iconz Website disclaims all warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, infringement of intellectual property or arising from a course of dealing, usage or trade practice, whether by using the Iconz Website or by using third-party websites displayed on our site. In no event shall Hurley’s Media Limited and/or the Iconz Website be liable for any damages, loss or theft whatsoever, that a user may incur (including, without limitation, financial, credit card theft or misuse, phishing, indirect, special, consequential or incidental damages or those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Iconz Website, any websites linked to this website, or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information on the Iconz Website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
8.7 We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Iconz Website, or websites linking to the Iconz Website. Such sites are not under the control of the Iconz Website and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein.
8.8 Your participation, correspondence or business dealings with any third party found on or through the Iconz Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Iconz Website shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
8.9 Iconz Cayman discount promotions are not applicable to Aria, our section partners costumes. Selected discounts are applicable to Iconz T-shirt section.
9 TERMINATION OF USE
9.1 Hurley’s Media Limited and/or the Iconz Website may, in its sole discretion, terminate or suspend your access to all or part of the Iconz Website, for any reason, including without limitation, breach of these Terms and Conditions. In the event this agreement is terminated, the restrictions regarding materials appearing on the Iconz Website and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
You agree to defend, indemnify and hold harmless Hurley’s Media Limited and/or the Iconz Website, its affiliates, owners, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney fees) arising out of or related to any user content that you use, or otherwise transmit on or through the Iconz Website, your use or inability to use the Iconz Website, your breach or alleged breach of the Iconz Website terms or of any representation or warranty contained herein, or your violation of any rights of another.
11 LIMITATION OF LIABILITY
11.1 The Seller is not responsible for any loss, injury or damage, howsoever caused, to the costume after the costume is collected by you or any representative sent by you.
11.2 You assume all responsibility and risk with respect to your use of the Iconz Website , which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via the Iconz Website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, noninfringement, merchantability or fitness for a particular purpose. We do not warrant that the Iconz Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that the Iconz Website or the servers that make the Iconz Website available are free of viruses or other harmful components.
11.3 The use of the Iconz Website is at your sole risk and you assume full responsibility for any costs associated with your use of the Iconz Website. We will not be liable for any damages of any kind related to the use of the Iconz Website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, the Iconz Website or the content or material or functionality through the Iconz Website, even if we are advised of the possibility of such damages.