Welcome to THE ICONIC. The website http://www.theiconic.com.au/ and https://www.theiconic.co.nz/ and its associated features and mobile applications (“Site") is owned and operated by Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) (“THE ICONIC”, "we", "our", "us").
1. ACCESS AND USE OF THE SITE
1.1 You must only use the Site in accordance with these Terms and any applicable law.
1.2 You must not (or attempt to):
(a) interfere with or disrupt the Site or the servers or networks that host the Site;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere with security-related or other features of the Site.
1.3 To access some features of the Site, such as creating wishlists, you must register an account with us (“Account”). To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 13 years old.
1.4 To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian - we do not sell products for purchase by children.
1.5 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.6 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Customer Service immediately and take immediate steps to re-secure your Account (including by changing your password).
1.7 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
1.8 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
1.9 If you are a stylist, blogger, or influencer -- we kindly ask that you utilise our services via our exclusive PR forum. Please email firstname.lastname@example.org, for collaboration opportunities or wardrobe loans via our showroom.
2. INFORMATION ON THIS SITE
2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to THE ICONIC.
2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
3. ORDER AND FORMATION OF CONTRACT
3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told at the checkout the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.
3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.
3.4 By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
3.5 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.
3.6 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
(b) we suspect that you might on-sell our products to other consumers;
(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or
(d) if there has been an error in the imagery, price or product description on the Site,
(e) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
3.7 Subject to 3.8 below, until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.
3.8 THE ICONIC, through THE ICONIC marketplace, also operates a marketplace platform that allows third party partner sellers who abide by our marketplace program to list and sell their products on our Site (“Marketplace Partner/Seller”). If products on the Site are being sold by a third party, the Marketplace Partner/Seller is responsible for delivery of those products, and THE ICONIC will display delivery details specific to those products at the checkout. In the event you wish to cancel your Order from a Marketplace Seller, you acknowledge there may be some instances where we are unable to promptly refund any payment already made to you to your original payment method as the Order may have already been accepted by the Marketplace Seller. We will of course refund the Order once received by you in accordance with clause 8 of these Terms, For the avoidance of doubt, by buying a Marketplace Seller’s products, you are transacting directly with THE ICONIC..
4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out here although such information is indicative only, and does not include Orders shipped by our Marketplace Partner/Sellers.
4.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
4.3 We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
4.4 By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or
(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
4.5 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.
5.2 If you wish to cancel your Order, please contact our Customer Service Team. Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.
6. NEW ZEALAND GST, CUSTOMS CHARGES, DUTIES AND FEES
As we are based in Australia and you are buying from an Australian company, we therefore charge you for your Order in Australian dollars. The actual price charged to New Zealand customers will be subject to: (i) New Zealand GST; and (ii) the exchange rate applied by the payment provider you have used. You can find out more information at https://www.classic.ird.govt.nz/campaigns/2018/gst-policy-update-nz-consumers.html. New Zealand GST is subject to change in accordance with changes to NZ law. Please note Orders shipped to NZ valued at more than NZ$1000 may incur duties, customs charges and fees (including GST on duty / freight) charged by the NZ Customs Service once the Order reaches its destination port. These amounts must be paid by you directly to the NZ Customs Service or its authorised service provider. Separate Orders placed on the same day may still be subject to the duties, customs charges and fees, as if they were the one order. You can calculate these expected duties, customs charges and fees using NZ Custom Service duty estimator. Note that the GST on the goods has already been collected at checkout. We are not responsible for and will not reimburse any of these duties, customs charges or fees. You should Contact your local NZ Customs office or you can find out more information at NZ Custom Service GST and Duty FAQs. Thresholds and rates are subject to change in accordance with changes to NZ law. Additionally, your financial services provider or payment provider may charge currency conversion and administration fees on purchases and any refunds we provide. The exchange rate used to determine the quantum of the refund (in NZ dollars) shall be the prevailing rate at the time the refund is made (not the original exchange rate).
7. FAULTY PRODUCT RETURNS
7.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our Customer Service as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
7.2 If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate. If the product is found not to have a defect or deemed out of warranty, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
7.3 It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
8. CHANGE OF MIND RETURNS
8.1 In addition to your rights in relation to faulty products in clause 7, and subject to the restrictions set out in 8.2, you can return any product:
(a) as long as the return is initiated in your Account and the return is placed in the post within 30 days of receipt of shipment confirmation email (or longer promotional return period, if applicable);
(b) unworn and unused and in a saleable condition with the original tags still attached;
(c) in the original packaging, which must be in the original condition, including sealed boxes, branded dust bags and shoe boxes (you don’t need the clear plastic packaging, except for products sealed for hygiene reasons - see below); and
(d) it has not been specifically excluded from the change of mind returns policy, such as ‘Final Sale’ items. The exclusion will be noted on the relevant product page on our Site.
8.2 Please note that products sealed for hygiene reasons (e.g. jewellery, watches, swimwear, hair accessories, earphones, beauty and grooming products) can only be returned under change of mind returns policy if the seal is intact excluding underwear and earrings (which cannot be returned, unless deemed faulty). Beauty products cannot be returned if they are opened and/ or used (unless faulty).
8.3 To ensure these returns are assessed and processed swiftly, you must follow the instructions set out under ‘How do I return an item’.
8.4 Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 8.1, we will either:
(a) refund the price of the product returned to your original payment method;
(b) provide you with a store credit worth 110% of the price of the product returned (for the avoidance of doubt, the store credit is the amount of your paid price plus 10% extra); if you have used store credit or gift cards to pay for the full price, we will only reinstate the original amount of store credit. If you have used store credit or gift cards to pay for part of the price, we will reinstate the original amount of store credit you have used and offer you with additional store credit that is worth 110% of the non-store credit or non-gift cards payments you have made for the product returned); or
(c) exchange the product for another size, subject to availability.
8.5 We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us. If the return, in our reasonable opinion, is not in compliance with clause 8.1, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.
8.6 We offer a flexible change of mind returns policy to streamline your shopping experience. We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders.
8.7 Nothing in this clause is intended to exclude any rights in clause 7 or any of your statutory rights as a consumer under Australian Consumer Law.
9. VOUCHERS, GIFT CARDS AND STORE CREDIT
9.1 You may use vouchers/promo codes or gift cards as payment for certain products on the Site. Vouchers are available electronically or via selected retailers. Promo codes are available onsite or through marketing partners. Only one voucher or promo code can be used per Order, but multiple gift cards can be used per Order. We may email vouchers and electronic gift cards to you or to your selected recipient. We accept no Liability for errors in the email address provided to us. You are responsible for the use and safety of your vouchers and gift cards - you should treat them like cash. We assume no Liability for the loss, theft or illegibility of vouchers or gift cards, including if gift cards used without permission, if your email is hacked or subject to unauthorised used. We monitor the issuance and redemption of vouchers or gift cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or gift cards, we may close or block access to your Account and/or require a different means of payment. We may block gift cards if notified by law enforcement that a giftcards have been fraudulently obtained.
9.2 Conditions for the redemption of vouchers/promo codes include:
(a) From time to time we may release vouchers/promo codes that may be used on the Site. Vouchers/promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special Terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one voucher/promo code can be used per Order, and some vouchers/promo codes may only be used once per voucher/promo code. Vouchers/promo codes cannot be used in addition to another voucher/promotion code.
(b) Certain products may be excluded from voucher/promo code promotions, and unless specifically stated are not applicable to shipping costs.
(c) Vouchers/promo codes cannot be redeemed for cash or to buy gift cards. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you. If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer).
(d) We will apply vouchers/promo codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a Voucher/promo codes, we will only refund the final price you paid for that item.
(e) We actively monitor misuse of vouchers/promo codes and reserve the right to deactivate vouchers/promo codes or block any person that is not using a voucher in accordance with its Terms.
9.3 Conditions for the redemption of gift cards include:
(a) You may purchase gift cards for use on the Site by you or other customers. Gift Cards can be redeemed at the checkout or added to your Account. Once redeemed, gift cards cannot be transferred. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them.
(b) Gift card purchases may be subject to security checks from time to time, resulting in a longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our gift card program.
(c) Gift cards are valid for 36 months from purchase date. Any unredeemed balance that remains on the Gift Card after the 36 months will be voided and will not be available for use.
(d) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the gift card instructions for use.
(e) If you place an Order less than the value of the gift card, the residual credit will be stored to your Account and can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher per Order.
9.4 Conditions for using store credit include:
(a) Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.
(b) We will automatically apply store credits against future purchases before asking you for additional payments.
(c) Store credit is valid for 12 months. Any balance that remains after the 12 months will be voided and will not be available for use.
(d) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items - you will not be able to refund or return those further items for cash.
9.5 If you cancel or return items purchased using a gift card or store credit:
(a) the refund value of an item is the final price you paid for that item; and
(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards or store credits. For example, where total Order price is paid:
(i) entirely by gift cards or store credits - refunds are offered as store credit only;
(ii) entirely by ‘cash’ - refunds offered as 110% store credit or ‘cash’ (at your election); or
(iii) 20% gift cards or store credits and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value, with the remaining 80% of the refund value offered as 110% store credit or ‘cash’(at your election).
9.6 If you cancel or return only certain items purchased in bundle deals or multi-buy promotions, any items you don’t return will be charged at full price, and the refund amount will be reduced accordingly.
10. PRICE MATCHING
10.1 We strive to match our prices with other online retailers who stock the same items. If you see the same item online cheaper (including the full price for the goods, applicable taxes, and any other additional charges, including delivery charges for the item to be shipped individually to the same customer address), let us know, and we will do our best to match the price by offering a voucher for such difference in price (for one item only, per customer, per competitor, per day). Notwithstanding the above, for NZ, the relevant price for the purposes of this clause is the price on the Site that is exclusive of NZ GST. We reserve the right to determine who is a comparable online retailer when making a determination on the eligibility for a price match voucher. Simply send us a link or image of the item from our Site, and the other online retailer for us to review, and we will make a determination on the eligibility for a price match voucher. A few guidelines include:
10.2 We do not offer ‘price matching’ or ‘price protection’ in respect of items appearing on our own Site. For example, if you buy an item that later goes on sale, we do not offer refunds to your original purchase price to discount it to the sale price.
11 SPECIFIC PROMOTIONS
11.1 From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill. These promotion-specific terms will be presented below.
11.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).
11.3 We also undertake joint promotions with third party partners from time to time. You should consult the terms of those programs for full details of such specific joint promotions.
12. DISCLAIMER AND LIABILITY
12.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms or the entering into or performance of these Terms.
12.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied or guaranteed by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
12.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
12.4 Subject to clause 10.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.
(f) Despite any other provision of these Terms to the contrary and to the extent permitted by law, in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
15. DISPUTE RESOLUTION
In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.
16.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.
16.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
16.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
16.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
16.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
16.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of THE ICONIC, its subsidiaries, any holding companies of THE ICONIC, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
16.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
16.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
16.9 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
17. DEFINITIONS AND INTERPRETATION
In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;
Breach of Duty means the breach of any:
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and
“THE ICONIC”, "we", "our", "us" means Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.
These Terms were last updated on 20 August 2019.
20% OFF HEAD-TO-TOE LOOKS
Offer starts at 7:00am 18th February 2020 AEDT and ends 11:59pm 24th February 2020 AEDT. Discount applies at checkout. This offer is valid on selected styles and colours listed on the following page:
20% OFF SPORTS RUNNING
Offer starts at 7:00am 18th February 2020 AEDT and ends 11:59pm 24th February 2020 AEDT. Discount applies at checkout. This offer is valid on selected styles and colours listed on the following page:
VALENTINE'S DAY VOUCHERS
Valid on Selected Full Priced Items only until 11.59pm on 14.05.2020 AEST. Excludes Kids brands, Sale, R.M. Williams, Ivy Park, Maison Scotch, Ralph Lauren, Freaky Nation, Manning Cartell, Bec & Bridge, Tigerlily, ACACIA Swimwear, One Teaspoon, Assembly Label, M.I.H, AG Adriano Goldschmied, Marysia Swim, Adidas, Le Coq Sportif, Hurley, Paul Smith, Armani, BOSS, Hackett, HUGO, Nikben, Outerknown, Ted Baker, Tommy Hilfiger, Lacoste, Wood Wood, Edwin, NN.07, Les Basics, Reigning Champ, Folk, Knowledge Cotton Apparel, Lilybod, Converse, Le Specs, Rip Curl, Levi's, Armani Exchange, Incu Collections, Billabong, Saturday NYC, Norse Projects, MONUMENTAL by Karen Walker, rag & bone, Scotch & Soda, Windsor Smith, Nixon, Ray-Ban, Versace, Burberry, Nike, Camilla, Emporio Armani, Seafolly, Oakley, Cambridge Satchel Company, Hugo Boss, Tommy Jeans, Alexander McQueen, Ginger&Smart, Loeffler Randall, Karen Walker, The Horse, ATP, D&G, Huxbaby, Karl Lagerfeld, C&M ,Whistles, Lulu Guinness, Moschino, Michael Kors, NEO-PREEN, Saint Laurent, Tom Ford, Marc Jacobs, Jerome Dreyfuss, Miu Miu, Gucci, Stella McCartney, alice McCALL, Jac+Jack, Paige, Amuse Society, Fjallraven, Filson, Nudie Jeans, Vilbrequin, Garmin, Montblanc, SIR THE LABEL, Cecilie Copenhagen, Maggie Marilyn and items sent separately from a partner brand. Exclusions subject to change.Cannot be used with any other code or offer.Conditions apply: www.theiconic.com.au/terms-of-use/#voucher
SPEND & SAVE
*Ends 11:59PM AEDT on 17.02.20. Selected styles and colours listed. Discount applied at checkout. Subject to terms and conditions. Offer is valid on the following page:
25% OFF SELECTED QUAY SUNGLASSES
*Ends 11:59PM AEDT on 17.02.20. Selected styles and colours listed. Discount applied at checkout. Subject to terms and conditions. Offer is valid on the following page: https://www.theiconic.com.au/all?campaign=lp-25off-quay
20% OFF WET WEATHER SAVIOURS
*Ends 11:59PM AEDT on 10.02.20. Selected styles and colours listed. Available on APP only. Discount applied at checkout. Subject to terms and conditions.
35% OFF SELECTED RELIQUIA JEWELLERY
*Ends 11:59PM AEDT on 14.02.20. Selected styles and colours listed. Discount applied at checkout. Subject to terms and conditions. Offer is valid on the following page: https://www.theiconic.com.au/womens-all?campaign=lp-w-35off-selected-reliquia-f20
20% OFF WORKWEAR
*Ends 11:59PM AEDT on 10.02.20. Selected styles and colours listed. Discount applied at checkout. Subject to terms and conditions. Offer is valid on the following pages:
30% OFF SWIM STYLES & ACCESSORIES
*Ends 11:59PM AEDT on 03.02.20. Selected styles and colours listed. Discount applied at checkout. Subject to terms and conditions. Offer is valid on the following pages:
30% OFF SUMMER EXCLUSIVES
*Ends 11:59PM AEDT on 03.02.20. Selected styles and colours listed. Discount applied at checkout. Subject to terms and conditions. Offer is valid on the following page: https://www.theiconic.com.au/womens-all/?campaign=lp-30off-exclusives-j20
20% OFF LONG WEEKEND
*Ends 11:59PM AEDT on 27.01.20. Selected styles and colours listed. Discount applied at checkout. Subject to terms and conditions. Valid on the following pages:
ALL IN - Australian Red Cross Disaster and Recovery Relief Fund
*Ends 11:59PM AEDT on 09.01.2020. 100% of profits will go to the Red Cross Australia Disaster and Recovery Relief Fund.
HEELS $25 & UNDER
*Ends 11:59pm AEDT on 13.01.20. Selected styles and colours listed. Prices as marked. Valid on the following page: https://www.theiconic.com.au/all?campaign=lp-w-heels-25andunder-j20
20% OFF SUMMER STYLES
*Ends 11:59PM AEDT on 30.12.19. Selected styles and colours listed. Discount applied at checkout.
UP TO 70% OFF SALE
*Selected styles and colours listed. Prices as marked. Subject to terms and conditions. Valid on the following pages:
UP TO 50% OFF SALE
*Selected styles and colours listed. Prices as marked. Subject to terms and conditions. Valid on the following pages:
Free express shipping thanks to OPTU5G
Starts 09:00 AEDT on 16 December 2019. Ends 21:59 AEDT on 19 December 2019. Applies to postcodes in the following metro areas only: Sydney, Melbourne, Brisbane, Adelaide, Perth. For more information on shipping, see here. Free delivery will be applied when customers select the OPTU5G Express Delivery option at checkout. Valid on orders over $50. Excludes items shipped by a partner.
COMPETITIONS & SURVEYS
VISUALISE & APP FEEDBACK SURVEY COMPETITION
THE ICONIC SUSTAINABILITY SURVEY COMPETITION
Win With Mastercard Competition
Full T&Cs here.
Winner: Arizona N.
Win $1000 to spend on THE ICONIC when you pickup with Parcelpoint (25 Nov 2019 to 2 Dec 2019) (COMPETITION)
2. The Promoter is Internet Services Australia Pty Limited (“THE ICONIC”) ABN: 50 152 631 082
3. Level 18, 338 Pitt Street Sydney, NSW 2000.
4. The competition commences at 09:00 AM AEST on 25/11/2019 and ends at 11:59pm AEST on 02/12/2019 (Competition Period).
5. Entry is open to residents of Australia who are aged 18 years or over (Eligible Entrants) excluding those residents based in Tasmania and the Northern Territory where the Promoter does not utilise ParcelPoint
6. Directors, management, employees and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this competition are ineligible to enter.
7. To enter, Eligible Entrants must, during the Competition Period: Select ParcelPoint pick-up as a delivery method when completing an order on THE ICONIC website or mobile app.
8. A limit of one entry applies per person.
9. All valid entries will be included in the draw.
10. The draw will take place at 12:00 AEST on 03/12/2019 at Level 18, 338 Pitt Street Sydney, NSW 2000. (Prize Draw Date).
11. The first valid entry drawn will be the winner of the prize (Winner).
12. The Prize will be announced and distributed in accordance with clauses below. Winning is not contingent on being present at the draw.
13. The Prize Draw will be scrutinised by an independent person, unless an exemption is granted by a regulatory authority.
14. The Prize is $1000 account credit to be spent at THE ICONIC within 12 months of issue, valued at $1000. (Prize). The prize will be credited to the account of the Winner. Account credit is not transferable or redeemable for cash.
15. All taxes (excluding GST), which may be payable as a consequence of receiving the prize, are the sole responsibility of the winner.
16. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winner(s) accepting and/or using the Prize, except for any liability which cannot be excluded by law.
17. Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as arising from, or in connection with the Prize supplied by the prize supplier, or the conduct of the prize supplier.
18. Prizes will be delivered, paid or transferred to the winner within 28 days after the Prize Draw Date.
19. Winners will be notified about how the prize will be delivered (or may be collected) within 14 days of the draw.
20. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority.
21. Winners will be notified within 48 hours of the Prize Draw Date.
22. Winners will be notified in writing by email to the email address associated with their THE ICONIC account.
23. The names of winners of the Prize will be published on the Promoters website for a minimum of 28 days on and from 04/12/2019.
24. The Prize will be distributed during or after the close of the Competition.
25. The Promoter will make reasonable efforts to identify and locate the Prize winner.
26. If any Prize (other than perishable prizes) remains unclaimed within three months after Prize Draw, an unclaimed prize draw will be held at Level 18, 338 Pitt Street Sydney, NSW 2000 on 03/03/2020 at 12:00 PM AEST subject to the approval of any necessary regulatory authority (Unclaimed Prize Draw).
27. Winners of the Unclaimed Prize Draw will be notified in the same manner as set out in clause clause 21-22 above. Winners names will be published in the same manner as set out in clause clause 23 above.
28. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.
29. Personal information including Eligible Entrant’s name, address, telephone number, email and nominated bank account details will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing) (Purpose).
30. By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose.
32. By entering this Competition, Eligible Entrants license the Promoter to use the content of their entry in any way the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the Eligible Entrant of royalties or compensation.
33. By entering this Competition, Eligible Entrants consent to the Promoter dealing with their entry content in any way that may otherwise infringe the Eligible Entrants moral rights and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.
34. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights.
35. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
36. The Promoter’s decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
37. Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to Promoter.
38. The Promoter reserves the right to request verification of the social media profile of eligible entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this promotion. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
39. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Competition has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition.
40. The Winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:
a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b. any theft, unauthorised access or third party interference;
c. any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
d. any variation in market value to that stated in these terms and conditions;
e. any tax implications; or
f. the Prize [OR Major Prize and Minor Prize] or use of the Prize [OR Major Prizes and Minor Prize].
41. If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, unless to do so would be prohibited by law.
42. The Promoter reserves the right to cancel, terminate, modify or suspend the Competition or amend these terms and conditions, subject to any directions from a regulatory authority.
43. Authorised under NSW Permit No LTPS/19/40105
Consumer Event | Summer Show ‘19 Giveaway
1. The promoter is Internet Services Australia Pty Limited ("THE ICONIC") of Level 18, 338 Pitt St, Sydney, NSW 2000, ACN 152 631 082.
2. Entry into the competition constitutes acceptance of these Terms and Conditions.
3. Entry into the competition is free (excluding internet charges) and is only open to entrants who are 18 years or over.
4. Employees and other personnel (and their immediate families) of THE ICONIC and its related entities are ineligible to enter.
5. The promotion is open to residents of Queensland, Australia only.
6. The promotion commences at 12:00 pm AEST on Wednesday, 20 November 2019 and ends at 11:59 pm AEST on Friday 22 November 2019 (Competition Period).
7. To enter the promotion, entrants must fill out all fields required in the ballot entry form during the Competition Period.
8. Multiple entries are not permitted. A limit of one entry applies per person.
9. The draw will take place at Internet Services Australia 1 Pty Ltd, Level 16, 338 Pitt St Sydney NSW 2000 at 11:00 am AEST on Saturday, 23 November 2019. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
10. Winners will be notified in writing by email by 5:00 pm Saturday, 23 November 2019 and their names will be announced online at https://www.theiconic.com.au/summer-comp/. The winners must respond by 5:00 pm on Monday 25 November 2019 or will be deemed to have forfeited their prize and an unclaimed prize draw will occur.
11. Should any winners remain uncontactable, a second chance winner/s will be selected for the unclaimed prize at 11:00 am on Tuesday, 26 November 2019 at Internet Services Australia 1 Pty Ltd, Level 16, 338 Pitt Street, Sydney, NSW 2000.
12. Any second chance winners shall be notified by 5:00 pm AEST on Tuesday, 26 November 2019 in writing by email. Winners of the unclaimed prize draw will be notified, and their names will be published, in the same manner as set out in clause 10 above.
13. The fifty (50) winners will receive 1 of 50 rooms at The Calile Hotel, 48 James St, Fortitude Valley QLD 4006 for a one night stay for two people on Wednesday, 27 November 2019. The check-in time is not before 4:00 pm and the check-out time is 9:00 am (instead of 11:00 am) on Thursday, 28 November 2019. Please note that the pool will be closed for the duration of the stay. The prize is subject to The Calile Hotel’s terms and conditions.
14. The prize is the room only. The Prize does not include travel, incidentals (e.g. mini-bar, room service, food & beverages) or the room deposit, which will be approx AUD$100 and will need to be placed on a credit card. These will be the responsibility of the Winner.
15. The Promoter will not be liable for the failure of the winner to meet travel schedules or cancellations and no cash or other prizes will be awarded if the winner [or the companion] cancels for any reason.
16. The total recommended retail price prize pool value is $18,450 AUD ($369 AUD x 50)(exclusive of GST) (Prize).
17. Except as specified in these Terms and Conditions, each Prize is non-transferable, non-refundable, non-exchangeable, non-replaceable and non-redeemable for cash. Each Prize must be taken as offered. No modifications or exchanges will be possible, except as set out in these Terms and Conditions. The clause does not set out to limit any rights under the Australian Consumer Law.
18. THE ICONIC expressly reserves the right to resolve any discrepancies, disputes or otherwise unforeseen circumstances as it deems fit and THE ICONIC's decision will be final and binding upon every person who enters. No correspondence will be entered into. THE ICONIC expressly reserves the right to change or alter these Terms and Conditions at any time.
19. THE ICONIC accepts no responsibility for incomplete, incorrectly submitted, delayed, misdirected or illegible submissions.
20. THE ICONIC shall not be liable for any loss or damage whatsoever that is suffered by any entrant or winner (including but not limited to indirect or consequential loss), or for any personal injury suffered or sustained as a result of taking any prize, except for any liability that cannot be excluded by law.
21. THE ICONIC shall not be responsible for any entries that are not received or are otherwise interfered with due to problems with the internet or telecommunications services. Automated entry software or spamming that allows an entrant to enter multiple times is prohibited and all entries submitted by that entrant will be deemed invalid.
22. If this promotion is not capable of running as planned due to any reason, including unauthorised intervention, fraud, or any other causes beyond the control of THE ICONIC, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, THE ICONIC reserves the right (subject to any applicable law) in its sole discretion to cancel the competition or to disqualify any individual who has tampered with the entry process.
23. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority.
25. Winners in this competition agree that their identity may be disclosed in winner announcements and promotional material.
1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
3. The Promotion will be conducted during the Promotion period.
4. The Prize/s are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
7. All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
8. Entrants agree to comply with any conditions which accompany the Voucher.
9. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
10. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
11. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
12. The time of entry will be deemed to be the time the entry is received by the Promoter.
13. Entrants may submit up to the Maximum number of entries (if applicable).
14. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly
submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
15. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
16. The winner does not need to be present at the draw unless expressly stated to the contrary.
17. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
18. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
19. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
20. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
21. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to
any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
22. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
23. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
24. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
25. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
26. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
28. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
29. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
31. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
32. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
33. Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, or Snapchat; and to release Facebook, YouTube, Instagram, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, or Snapchat.
BRAND LOGO SURVEY
GARMIN INSTINCT™ WATCH GIVEAWAY FOR INSTAGRAM @THEICONICSPORT
GARMIN INSTINCT™ WATCH GIVEAWAY FOR INSTAGRAM @THEICONICSPORT
NEWSLETTER SIGN UP OFFER
Our newsletter offer is valid for 30 days from issue date and is only valid one time per person. The offer cannot be used in conjunction with any other offer or voucher on site and is subject to voucher conditions stated above.
NEW CUSTOMER OFFERS
Our new customer offers are valid for 6 months from issue date, is valid one time per person, has a minimum order value of $99.00 and can only be applied on the first order placed per person. The offer is only applicable on full price items, cannot be used in conjunction with any other promotional code on site and is subject the voucher conditions stated above.
THE ICONIC REFER-A-FRIEND OFFER
Refer A Friend credit will only be issued if the below criteria is met:
Refer a friend voucher:
The voucher expires 12 months after issue date, has a minimum spend of $99.00 and is valid one time per person. The offer is only applicable on full price items, cannot be used in conjunction with any other promotional code on site and is subject the voucher conditions stated above.
Note: Our self-referral program is monitored and THE ICONIC reserves the right to remove credit gained from self-referral.
Excludes Kids brands, Sale, R.M. Williams, Ivy Park, Maison Scotch, Ralph Lauren, Freaky Nation, Manning Cartell, Bec & Bridge, Tigerlily, ACACIA Swimwear, One Teaspoon, Assembly Label, M.I.H, AG Adriano Goldschmied, Marysia Swim, Adidas, Le Coq Sportif, Hurley, Paul Smith, Armani, BOSS, Hackett, HUGO, Nikben, Outerknown, Ted Baker, Tommy Hilfiger, Lacoste, Wood Wood, Edwin, NN.07, Les Basics, Reigning Champ, Folk, Knowledge Cotton Apparel, Lilybod, Converse, Le Specs, Rip Curl, Levi's, Armani Exchange, Incu Collections, Billabong, Saturday NYC, Norse Projects, MONUMENTAL by Karen Walker, rag & bone, Scotch & Soda, Windsor Smith, Nixon, Ray-Ban, Versace, Burberry, Nike, Camilla, Emporio Armani, Seafolly, Oakley, Cambridge Sachel Company, Hugo Boss, Tommy Jeans, Alexander McQueen, Ginger&Smart, Loeffler Randall, Karen Walker, The Horse, Ripcurl, ATP, D&G, Huxbaby, Karl Lagerfeld, C&M ,Whistles, Lulu Guinness, Moschino, Michael Kors, NEO-PREEN, Saint Laurent, Tom Ford, Marc Jacobs, Jerome Dreyfuss, Miu Miu, Gucci, Stella McCartney, alice McCALL, Jac+Jack, Paige, Amuse Society, Fjallraven and items sent separately from a partner brand. Exclusions subject to change.Cannot be used with any other code or offer.