TERMS AND CONDITIONS

1. INTRODUCTION

Last updated: August 2023

This website located at www.myikoniq.com ("Website") is operated by OMIKAMI PTY LTD, a proprietary limited company, with the registered address withheld for privacy reasons. We acknowledge your interest in the products and services on the Site and value your visit to the Site. If you have any questions or concerns regarding the Site or any of the content or materials contained within it, please contact us by email at info@myikoniq.com.

2. MODIFICATION

2.1 OMIKAMI PTY LTD reserves the right to update, modify, remove, or revise the content of this Site, including these Terms of Use, at any time. You are encouraged to review this page periodically to take note of any alterations to the Terms of Use. Continuing to use the Site following any posted changes signifies your agreement to and acceptance of the modified Terms of Use.

2.2 Please be aware that the availability of the Site, individual pages, or specific content may vary, and uninterrupted access is not guaranteed. OMIKAMI PTY LTD may deliberately suspend, limit, or withdraw the Site or portions thereof at our discretion, without prior notification.

3. TERMS OF SALE

3.1 These Terms of Use are specific to the use and access of the Site and do not govern the sale of products. Since OMIKAMI PTY LTD does not directly sell products through the Site, any purchase of our products is conducted through Amazon, where they are available for purchase. For terms and conditions related to the sale of our products, please refer to Amazon's Terms of Sale.

3.2 Please note that accessing certain services or links on the Site may redirect you to third-party platforms, such as Amazon. We encourage you to familiarize yourself with the policies and terms of those platforms as we do not control or manage them.

3.3 As there is no account registration feature on the Site, users are not required to provide personal details or be of a certain age to access information about our products.

3.4 We reserve the right, at our sole discretion, to suspend or terminate your access to the Site at any time, for any reason, without prior notice or liability.

4. INTELLECTUAL PROPERTY

4.1 All content on this Site, including text, graphics, logos, images, and links, is the property of OMIKAMI PTY LTD and is protected by international copyright laws and other intellectual property rights.

4.2 You may use links provided on the Site that direct you to third-party websites, including product pages on Amazon. However, the use of these third-party websites is entirely at your own risk. We do not assume any responsibility for the content of linked sites or the information contained within them. Links provided on the Site are for your convenience only, and their inclusion does not imply endorsement or reliability by OMIKAMI PTY LTD of the content on any third party’s website.

4.3 These Terms of Use are applicable solely to the use of this Site and do not extend to any third-party websites you may access through links on our Site. Before using such third-party websites, we recommend reviewing their terms and conditions. Any inquiries or comments regarding the content of linked websites should be directed to the respective website providers.

4.4 You are not authorized to establish links from your own websites to this Site without obtaining our prior written consent. This includes actions such as hypertext linking, deep-linking, framing, toggling, or other methods. OMIKAMI PTY LTD holds the right to grant or withhold consent at its absolute discretion.

4.5 When accessing the Site, you are prohibited from engaging in price scraping, harvesting pricing information manually, using web spiders, web robots, or other web crawling technologies to gather pricing data.

4.6 Unauthorized attempts to access the Site, our servers, or any supporting hardware, or attempts to reconfigure the Site, are strictly prohibited. Violations may result in reporting of the offense to law enforcement authorities under applicable Australian law.

4.7 Misuse of the Site, including introducing viruses, malicious programs, or other harmful materials, is strictly prohibited and may lead to legal consequences.

5. USER REVIEWS AND CONTRIBUTIONS

5.1 Users of the Site may, at our sole discretion, have the opportunity to contribute product testimonials, reviews, images, videos, and other materials ("Contributions") via the Site or other platforms such as social media. Such Contributions must adhere to the Contribution Standards outlined in clause 5.2 ("Contribution Standards").

5.2 Contribution Standards

5.2.1 The following standards apply to any and all material contributed to this Site or other platforms. Contributors are expected to adhere not only to the literal content but also to the spirit of these standards. These standards apply to each part of a contribution as well as its entirety.

5.2.2 Contributions must:
5.2.2.1 Be factually accurate where they state facts;
5.2.2.2 Reflect genuinely held opinions where they express personal views; and
5.2.2.3 Comply with applicable laws in your jurisdiction.

5.2.3 Contributions must not:
5.2.3.1 Contain any content that is defamatory, obscene, offensive, hateful, or inflammatory;
5.2.3.2 Promote sexually explicit material;
5.2.3.3 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
5.2.3.4 Infringe any copyright, database right, trademark, or other intellectual property rights of any other person;
5.2.3.5 Be likely to deceive any person or breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.2.3.6 Promote any illegal activity;
5.2.3.7 Be threatening, abuse, or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety;
5.2.3.8 Be likely to harass, upset, embarrass, alarm, or annoy any other person;
5.2.3.9 Be used to impersonate any person or to misrepresent your identity or affiliation with any person;
5.2.3.10 Give the impression that they emanate from us if this is not the case;
5.2.3.11 Advocate, promote, or assist any unlawful act, such as (by way of example only) copyright infringement or computer misuse.

5.3 Contributors warrant that their Contributions comply with these Contribution Standards, and indemnify OMIKAMI PTY LTD for any breach of this warranty.

5.4 We reserve the right to remove or edit any Contributions that do not comply with the Contribution Standards.

5.5 OMIKAMI PTY LTD shall not be responsible, or liable to any third party, for the content or accuracy of any Contributions posted by you or any other user of the Site.

6. LIMITATION OF LIABILITY

6.1 You use the Site at your own risk. We shall not be liable for any loss or damage suffered by you arising out of or in connection with your use of the Site, including any data loss, corruption, or damage caused to your computer, software, systems, or programs, and any services purchased or made available via the Site.

6.2 OMIKAMI PTY LTD does not exclude or limit its liability for:

6.2.1 Death or personal injury caused by our negligence;
6.2.2 Fraud or fraudulent misrepresentation;
6.2.3 Any breach of the terms implied by applicable consumer protection laws, which cannot be excluded or limited; or
6.2.4 Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

6.3 Subject to clause 6.2, OMIKAMI PTY LTD shall not be liable for:

6.3.1 Loss of profits;
6.3.2 Loss of business;
6.3.3 Depletion of goodwill and/or similar losses;
6.3.4 Loss of anticipated savings;
6.3.5 Loss of goods;
6.3.6 Loss of use;
6.3.7 Loss or corruption of data or information; or
6.3.8 Any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses.

6.4 Subject to clause 6.2, OMIKAMI PTY LTD's total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use or your use of the Site shall be limited to the extent permissible by law.

7. OTHER RELEVANT PROVISIONS

7.1 These Terms of Use are governed by the laws of the global user or market, and only the courts of the global user or market will have exclusive jurisdiction over any dispute arising under or in relation to these terms.

7.2 In the event that any provision of these Terms of Use is found to be invalid or unenforceable by a court, that provision will be severed from the remainder of these Terms of Use, which shall remain unaffected and in full force.

7.3 No delay or failure by OMIKAMI PTY LTD to exercise any powers, rights, or remedies under these Terms of Use shall constitute a waiver of those rights, nor shall any single or partial exercise preclude any further or other exercise of such powers, rights, or remedies.

7.4 It is important to review the terms of our Privacy Policy, as it contains vital information regarding the use of personal information you provide while using this Site.

7.5 Any competitions or promotional features offered on this Site from time to time may be subject to specific terms and conditions. Please ensure you read and accept these terms before participating.