Terms of service

OVERVIEW

Welcome to ICKYSTIX! The terms "we", "us" and "our" refer to ICKYSTIX. ICKYSTIX 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"). ICKYSTIX 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 and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

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 dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores 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 represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely 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 stores. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not guarantee that colours or visual appearance will be identical to how products appear on your screen. This does not affect any rights you may have under the Australian Consumer Law.

All descriptions of products are subject to change at any time without notice at our sole discretion. 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.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ICKYSTIX reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until ICKYSTIX confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as ICKYSTIX may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was made.

Your purchases are subject to our Refund Policy, in addition to any rights and remedies available to you under the Australian Consumer Law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise stated, prices are displayed in Australian dollars. Applicable taxes that are required to be included in the displayed price will be included. Shipping, customs, import duties and other charges, where applicable, may be charged separately and will be disclosed where required.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. 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 stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law if products are not supplied within an agreed or reasonable time.

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 ICKYSTIX, its affiliates or licensors and are protected by Australian and applicable international 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 or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of ICKYSTIX, Shopify or any third party.

Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by ICKYSTIX.

ICKYSTIX's names, logos, product and service names, designs and slogans are trademarks of ICKYSTIX or its affiliates or licensors. You must not use such trademarks without the prior written permission of ICKYSTIX.

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 nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, except to the extent that such warranties, representations or conditions cannot lawfully be excluded.

Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion, and 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, including the release of new tools and resources. 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 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.

To the extent permitted by law, we are not liable for harm or damages related to your access of third-party websites, or your purchase or use of products, services, resources or content on third-party websites.

Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

ICKYSTIX 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 ICKYSTIX.

By using the Services, you acknowledge and agree that Shopify is not the seller of products purchased from ICKYSTIX. Nothing in this section limits any rights you may have against ICKYSTIX under applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our 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 may be transmitted to and shared with Shopify and third parties, including parties located outside Australia, 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 referred to as "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 commercial use.

We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that you own or have all necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with your submission of Feedback, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates another party's intellectual property or these Terms.

You are solely responsible for Feedback you submit 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 relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information. Where an error affects an order that has already been submitted, we will act in accordance with applicable law and notify you where required.

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 applicable laws or regulations;
(c) to infringe our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, threaten, defame or harm another person;
(e) to transmit false or misleading information;
(f) to upload or transmit material that does not comply with these Terms;
(g) to transmit spam, junk mail or similar unsolicited promotional material;
(h) to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits anyone else's use or enjoyment of the Services or may harm ICKYSTIX, Shopify or users of the Services.

You also agree not to upload or transmit malicious code, reproduce or exploit any portion of the Services without permission, unlawfully collect personal information, interfere with security measures, or use automated tools to access the Services contrary to restrictions we have implemented.

We reserve the right to suspend, disable or terminate access to the Services if we reasonably determine that you have violated these Terms.

SECTION 14 - AGENTS

14.1 This section applies if you deploy or use an autonomous or semi-autonomous software agent to access, use or interact with the Services.

14.2 An Agent must identify itself and comply with any technical or access requirements we reasonably impose.

14.3 We may use technical measures to limit whether and how Agents access or interact with the Services.

14.4 Agents must not conceal their automated nature, bypass CAPTCHAs or security controls, misrepresent themselves as human users, or circumvent measures intended to restrict automated access.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where permitted by law, including where you breach these Terms.

You remain responsible for any amounts properly owing up to the date of termination.

Any provisions which by their nature should continue after termination will remain in effect, including provisions relating to Intellectual Property, Feedback, Privacy, Limitation of Liability, Severability and Governing Law.

AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 16 - DISCLAIMER OF WARRANTIES

Except for guarantees, warranties and rights that cannot lawfully be excluded, the information presented on or through the Services is made available for general information purposes.

We do not guarantee that use of the Services will be uninterrupted, timely, secure or error-free.

To the extent permitted by law, the Services are provided "as is" and "as available".

Nothing in this section excludes, restricts or modifies any rights or guarantees under the Australian Consumer Law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, ICKYSTIX and its service providers will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services.

This limitation does not apply to liability that cannot lawfully be excluded or limited, including liability arising under the Australian Consumer Law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify ICKYSTIX, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against losses, liabilities or claims arising from:

your breach of these Terms;
your violation of applicable law or the rights of a third party; or
your unlawful use of the Services.

Nothing in this section requires you to indemnify us for loss caused by our own unlawful conduct or to the extent such indemnification is prohibited by law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law and the unenforceable portion will be severed.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the agreement between you and us in relation to your use of the Services, subject to any rights that cannot lawfully be excluded.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations under these Terms where permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service are governed by the laws of Queensland, Australia.

You and ICKYSTIX submit to the jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

Nothing in this section limits any rights you may have under the Australian Consumer Law or other applicable laws.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace parts of these Terms by posting updates and changes to our website.

Where required by law, we will notify you of material changes. Changes will take effect from the date specified in the notice or, where no date is specified, from the date they are published.

Changes will not retrospectively remove rights you have in relation to orders already placed where doing so would be unlawful.