Icon Cars and Clothing Terms of Service
Last Updated: April 7 2024
This website www.iconcarsandclothing.com (the “Website”) is owned and operated by
1449557 B.C. LTD. (“ICAC”, “We”, “Us”, or “Our”). These Terms of Service (the “Terms”), together with the additional terms, conditions, and policies referenced herein (including the Privacy Policy
and Contest Rules, collectively, the “Policies”) provide the terms and conditions that govern your access to, use of, and interactions with the Website and any other ICAC controlled social media pages, content, or offerings (collectively, the “Services”).
These Terms apply to all users who access and use the Website, including visitors, customers, merchants, and/or contributors of content to the Website. ICAC offers the Services to you upon your acceptance of the Terms herein. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.
We reserve the right to modify these Terms in our sole discretion at any time. We may notify you if any material changes to the Terms affect your rights. It is recommended that you check this page regularly to check for possible updates to the Terms. Your continued use of or access to the Website following the posting of any changes to the Terms constitutes your acceptance of the new Terms.
Capitalized terms not otherwise defined in these Terms have the meaning as defined in our other Policies.
By agreeing to these Terms and using the Website or Services, you agree and represent that you are at least 18 years of age or the age of majority in your jurisdiction of residence, you are located in Canada (except for Québec) or the United States (except for Florida or New York), and you are
a legal resident of Canada (except for Québec) or the United States (except for Florida or New York).
THE WEBSITE AND THE SERVICES ARE NOT INTENDED FOR PERSONS WHO ARE LOCATED OR RESIDE OUTSIDE OF CANADA OR THE UNITED STATES OR PERSONS WHO ARE LOCATED OR RESIDE WITHIN THE PROVINCE OF QUÉBEC OR THE STATES OF FLORIDA OR NEW YORK.
The Website and Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. You are solely responsible for ensuring you have the necessary tools to access the Website, including, but not limited to, a reliable internet connection and/or
telecommunications network.
We may automatically revoke your right to access and/or use the Website or Services in the event We determine or have suspicion, in Our sole discretion, that you violated or intend to violate the Terms or the Policies, use or intent to use the Website or Services for an illegal or unauthorized. purpose, or otherwise violate any applicable laws, rules, or regulations in your jurisdiction.
We may, in our sole discretion, change, modify, limit, and/or refuse to offer some or all of the Services to you, and change any of the eligibility criteria at any time. We will not be liable if all or any portion
of the Website or Services is made unavailable to you for any time or any period for any reason.
You agree that if you use the Website:
The Website, including, but not limited, all information and content on the Website including text, data, wallpaper, icons, artworks, graphics, photographs, software, and HTML (the “Materials”) used to generate the Website’s pages are the property of ICAC. You acknowledge and agree that
all copyright, trademarks, and all other intellectual property rights (“IP Rights”) in the Materials or content that is supplied as part of the Website and the Services shall at all times remain vested in ICAC. You are permitted to use the Materials only as expressly authorized by Us.
Subject to your acceptance with the Terms and for as long as you are permitted to use or access the Website and Services, ICAC grants you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Website and Services for your personal, non-commercial use only. Except as otherwise expressed herein, nothing in these Terms or Policies shall be construed to grant any rights or license to use any of Our IP Rights or any of the Materials without Our express written consent, which may be withheld in Our sole discretion.
You may not copy, download, store, reproduce, modify, reverse engineer, disassemble, sell, transmit, grant rights, exploit, or make derivative works of the Materials or any content made available on the Website or Services unless expressly permitted by Us, or for reasons that include:
To place an order to purchase merchandise or products available
for sale on the Website (an “Order”), you will be required to follow the shopping process on the Website and press the “Place Order” button to submit the Order. By clicking “Place Order”, your
Order will be subject to these Terms and the Policies.
To process your Order, We may ask you for certain Personal Information including, but not limited to, your first name, last name, email address, phone number, shipping address, and billing details. Please review our Privacy Policy [3] for more details on how, when, and why we collect your Personal Information.
You agree to provide Us with accurate order details and Personal
Information for all Orders that you make on the Website. In the event that any of your Personal Information changes, you agree to promptly update such information. If you do not update the Personal Information we need to process your Order, we may not be able to provide you with your Order or provide you with access to the Website or the Services.
You will receive an email from us acknowledging that we have received your Order (the “Order
Confirmation”). All Orders are subject to product availability and acceptance by Us, and we receive the right to cancel an Order at any time and for any reason, including after we have provided you with an Order Confirmation. If we have accepted your Order and shipped the Order for delivery, we will send you an email confirmation when the product you have purchased is shipped (the “Shipment
Confirmation”).
In the event that we make a change to or cancel an Order, we may attempt to notify you by using the email address, billing address, or phone number that was provided by you at the time the Order was made.
We make every effort to display as accurately as possible the true nature of the products and merchandise available for sale on the Website, including the colors and images of the products that appear on your device when you view the product. We cannot guarantee that your device’s display of any color or image will be accurate.
Availability of merchandise or products for sale on the Website may vary and merchandise displayed on the Website may be out of stock or discontinued. Certain merchandise or products may be limited to certain persons, geographic regions, or jurisdictions, have limited quantities, and/or be subject to return or exchanges only according to our return and exchanges policy, outlined in Section 8 of these
Terms. If an item is out of stock, We will attempt to provide this information on the Website or remove the item from the Website, at our sole discretion. Display of a product or item on the
Website is not a guarantee that the product or item is in stock or that it will be in stock at a later date. We reserve the right at any time to modify, restrict the availability, or discontinue any products or merchandise available on the Website without notice for any reason, in our sole discretion.
The price of any merchandise or products sold on the Website shall be quoted from time to time on the Website. Prices for the merchandise or products available on the Website are subject to change without notice.
It is possible that errors of prices for certain products or merchandise available on the Website may occur, including the price for shipping and taxes. If We discover an error in the price or any other terms of a product you have ordered, We will inform you as soon as possible, and will give you the option to reconfirm the Order at the updated price or cancel the Order. We reserve the right to cancel, terminate or not to process Orders (including accepted Orders) where the price or other material information on the Website is inaccurate. We shall not be liable to you or any third-party for any error, modification, price change, suspension, or discontinuance of the Website or any products or services offered on the Website or Service.
All prices listed on the Website are in Canadian Dollars (“CAD”) and are exclusive of shipping
charges and applicable taxes, and you will be charged for shipping charges and applicable taxes when you place an Order.
We can ship to Canada (excluding Québec) and the United States
(excluding Florida and New York). You will receive an approximate shipping time shortly after you place your Order and your payment is authorized, verified, and accepted. Shipping is calculated depending on the items that you intend to purchase as part of your Order and may vary if your Order includes large products. We may choose to offer free shipping on certain items to Canadian
customers. Customers located in the United States will not be eligible for free shipping. If your Order is shipped to the United States, you will also be required to pay for duties and taxes. We do our best to provide you with your shipping time and costs before you order the products in your cart, but we make no guarantees that the shipping time and costs are 100% accurate. Shipping costs are subject to change depending on the items you order and the shipping method you select.
We use all major carriers, including Canada Post and UPS. [4] We reserve the right to ship with a different method than the selected method if an alternative shipping method gets the
Order to you faster or the shipping service you selected is unavailable for any reason. If you select ground service, we may use a different carrier than what you selected. You will receive a Shipment Confirmation with a tracking number once your Order has been shipped.
All sales are final and are not eligible for cancellation or refunds.
Once an Order is placed, if applicable, your Contest entries will be automatically and immediately be submitted as an Entry into the Contest, subject to Our Contest Rules. Please see our Contest Rules [5] for more information.
You may be able to exchange an item that you purchased (“Exchange Item”) if the item is new, unused, unworn, and unwashed. We will process enquiries for exchanges on a case-by-case basis. We reserve the right to refuse to exchange an Exchange Item if We suspect it is damaged or otherwise not in satisfactory condition, which shall
be determined in Our sole discretion.
Please contact Our customer support email at sales@iconcarsandclothing.com with your exchange enquiry.
If we determine that you are eligible for an exchange, you may
exchange the Exchange Item for an item or items of equal value (a “Replacement Item”), or you may purchase a Replacement Item that is of greater value than the Exchange Item and pay the balance of the Replacement Item cost. We are not able to process exchange requests for Replacement Items that would result in a refund to You. All exchanges must be initiated within 30 days after you receive your Order.
If applicable, Contest entries associated with an Exchange Item will be retained, and no further Contest entries will be afforded in the event of exchanging an Exchange Item for Replacement Items of higher value.
You are responsible for shipping the Exchange Item to Us, including the associated shipping costs (and duties and taxes if you are shipping from the United States), to the following address:
Icon Cars and Clothing attn: Exchanges
PMB 332,
407-552 Clarke Road
Coquitlam, BC, V3J 0A3
Customers in Canada will not be charged for shipping costs associated with shipping Replacement Items. Customers in the United States will be responsible for duties and taxes associated with shipping Replacement Items.
The Website and Services may provide hyperlinks to third-party
websites, products, services, information, or content (“Third Party Websites”). Third Party Websites are provided solely for convenience and ICAC makes no representations or warranties, and assumes no liability for any Third Party Websites available on the Website or through the Services. Third Party Websites are subject to the applicable terms and conditions of the third parties that offer them.
You agree that your use of any Third Party Website is at your sole risk. Under no circumstances will ICAC or its affiliates be liable for any losses or damages arising from any transaction that you make on a Third Party Website or for any information, content, services, or products that are provided by or through any Third Party Website. ICAC makes no representations or
warranties relating to the IP Rights of Third Party Websites.
You agree and acknowledge that your use of the Website and the
Services is at your own risk. The Website and all materials, information, software, facilities, services, and other content made available on or through the Website or the Services are provided on an “as is” basis for your use,
without warranties of any kind, either express or implied, including, without limitation, warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, title, custom, and those arising from course of dealing or usage of trade.
ICAC makes no warranty or representations as to the accuracy, completeness, or reliability related to the use of the Website or the Services, any content, information, or products available through the Website, the performance of the Website or Services, or any sites linked to the Website in terms of their correctness, accuracy, reliability, or otherwise, and assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, services, or other content of ICAC. It is your responsibility for verifying any information before relying on it, and use
of the Website and the Services is at your sole risk.
ICAC makes no warranties or representations that the Website or Services will meet your expectations or requirements, that you will be able to access or use the Website or Services at the time or locations of your choosing, that the operation of the Website and the Services will be
uninterrupted or error-free, that defects will be corrected, or that the services are free of viruses or other harmful components.
If the laws in your jurisdiction do not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the extent permitted by applicable law.
The Website and the Services may include platforms, boards, profiles, chat and/or comment features, that allow you to post, submit, publish, display, share, or transmit to Us or other users comments, content, or materials through or in connection with the use of the Website or the Services (“User Submissions”). User Submissions also include any emails or communications that you send to Us that include creative concepts or feedback, including, but not limited to, photographs that you have taken with Our products, suggestions to improve our products, or testimonials about a product you have received from the Website or the Services.
Any User Submission, whether posted publicly on the Website or transmitted privately to Us, is non-confidential and non-proprietary. You hereby acknowledge and agree to grant ICAC a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right and worldwide license to use,
reproduce, modify, adapt, publish, translate, creative derivative works from, distribute, display, or otherwise exploit any of your User Submissions and to use your User Submissions to promote and advertise the Website, the Services, or Our products and services in any way, and you hereby waive any moral rights to your User Submissions.
You are solely responsible for any User Submission that you post on the Website or the Services or transmit to Us. You agree and warrant that your User Submissions will not violate any right, including, but not limited to, any IP Right, personality right, confidentiality right, or proprietary right of any third-party. You further agree that by posting any User Submission publicly or transmitting a User Submission privately to Us that such User Submission is not:
We, in our sole discretion, may post, refuse to post, delete, or cause you to delete any User Submission on the Website or the Service. We shall not be responsible or liable to you or any third-party for the removal, deletion of, or the failure to remove or delete any of your User Submissions
that you publicly post on the Website or Service. If you would like to delete your User
Submission from the Website or Services, you may be able to delete any such User Submission. We are not responsible or liable for the failure to store or maintain any User Submissions that you post on the Website or the Services. If you wish to preserve any User Submissions that you have publicly posted on the Website or transmitted privately to Us, you are solely responsible to take measures to preserve any User Submissions that you have posted publicly or transmitted privately to Us.
We do not undertake and may not review all User Submissions before they are posted on the Website or the Services. We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Submission or endorse any opinions expressed by users. We assume no liability or responsibility to anyone for any action or inaction taken by you or third-parties related to User Submissions. Any reliance that you place on User Submissions of others is at your own risk.
We do not guarantee that other users or third-parties will not use or reproduce the User Submissions that you publish publicly on the Website or the Services. If you have creative concepts that you wish to remain confidential or do not want Us to use, do not post them publicly or provide them to Us.
ICAC assumes no liability or responsibility for any (i) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Website and the Services, (ii) any unauthorized access to or use of the Website or Services and/or any and all Personal Information stored therein, (iii) any interruption or cessation of transmission to or from the Website or Services, (iv) any bugs, viruses, trojan horses, or similar technologies which may be transmitted to or through our Website or the Services by us or any third party, (v) any errors, mistakes, inaccuracies, or omissions of any User Submission, or any loss or damage of any kind incurred as a result of the use of any User Submission posted, emailed, transmitted, or otherwise made available through the Website or the Services, and/or (vi) any damage to your devices or other equipment or technology, including, without limitation, damage from any security breach or from any bugs, virus, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer or network failure, or any other technical malfunction.
In no event shall ICAC, its affiliates, service providers, sub-contractors, directors, officers, employees, or agents, be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, losses, or causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way related to the use of, or the inability to use, or the performance of, the Website or the Services, or any functionality on or accessed through the Website or the Services including without limitation, loss of revenue, loss of anticipated profits, or lost business, data or sales, or any other type of damage, whether tangible or intangible, even if ICAC has been advised of the possibility of such damages.
Notwithstanding the foregoing, in the event that ICAC is found liable in respect of any loss or damage arising out of or in connection with (i) any feature or functionalities of the Website, the Services, or its content, ICAC’s liability shall not exceed one-hundred Canadian dollars ($100 CAD), or (ii) any product through the Website or Services, ICAC’s liability shall be strictly limited to the sale price of that product.
In addition to any other prohibitions or restrictions outlined in these Terms, you agree that you should not use the Website or the Service: (a) for any unlawful purpose that does or may violate any international, federal, provincial, or state laws, rules, or regulations, including, but not limited
to, impersonation or misrepresentation of your identity or affiliation with any person or entity; (b) to solicit others to perform or participate in any unlawful acts (c) to use the Website or the Services for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or the Policies; (d) to infringe upon or violate our IP Rights or the IP Rights of third-parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate others for any reason, including, but not limited, due to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including Personal Information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or the Services in any way; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) to collect or track the Personal Information of others; (j) for any obscene or immoral purpose, which shall be determined in Our sole discretion; (k) to interfere with or circumvent the security features of the Website or the Services or any related service (l) send any unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters, or any other form of solicitation to the Website, the Services, or any users of the Website or Services; (k) post any User Submission publicly or transmit any User Submission privately, or engage in any activity that: (I) infringes, misappropriates, or violates a third-party’s IP rights, or rights of publicity or privacy; (II) violates any applicable law or encourages others to violate applicable law; (III) is fraudulent, false, misleading, or deceptive; (IV) is defamatory, obscene, pornographic, vulgar, or offensive; (V) exploits minors; (VI) promotes illegal or harmful activities or substances; (VII) is violent or threatening or promotes violence or threats against any person, animal, entity, or group; or (VIII) encourages or enables any person or entity
to do any of the foregoing or to otherwise violates the Terms or the Policies.
Any unauthorized use of the Website, the Services, or the Materials shall automatically terminate any licenses that We have granted to you, with or without notice to you, and we shall reserve the right to terminate your use or access to the Website or the Service.
ICAC may transfer, assign, charge, sub-contract, or otherwise dispose of any of our rights and obligations under these Terms and the Policies at any time with or without your consent. You may not assign, transfer, or otherwise dispose of your rights or obligations under these Terms or the
Policies without Our express written consent, and any unauthorized assignment by you shall be null and void.
ICAC and its affiliates shall not be liable in any way for your use of the Website, the Services, and the Materials in violation of the Terms, the Policies, or applicable laws, including, without limitation, in connection with any content or User Submission you disclose, submit, or offer to ICAC. You will be solely responsible for and agree to defend, indemnify, and save and hold harmless ICAC, and its parents, subsidiaries, affiliates, contractors, sub-contractors, service providers, and the directors, officers, employees and agents of each of the foregoing, from any and all claims, costs, expenses, and liabilities, including but not limited to negligence and damages of any kind, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of IP Rights, property damage, or death or personal injury, arising from, related to, or in connection with (i) your use or misuse of the Website or the Services and its Materials, (ii) your actual or alleged violation of these Terms or any of the Policies, including, but not limited to any breach or alleged breach of any representation or warranty by you in these Terms, (iii) your violation of any applicable law, rule, regulation, or rights of third-parties in connection with your use of the Website and the Services, or (iv) infringement, violation, or misappropriation of any copyright, trade secret, or any other IP Right, or the violation of any property or privacy right arising from any User Submission that you post on the Website or on the Services.
No failure of ICAC to enforce any of its rights or remedies under these Terms or the Policies shall constitute a waiver of such right or remedy.
No waiver by ICAC shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. The express waiver by ICAC of any provision, condition, or requirement of these Terms and the Policies shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
If any provision of these Terms or the Policies are determined by a competent authority to be unlawful, void, invalid, or unenforceable to any extent by applicable law, such provision will be enforceable to the fullest extent permitted by the applicable law, the unenforceable portion shall be deemed severed from the Policies, and such determination shall not affect the validity and enforceability of the remainder of the Policies.
ICAC will not be liable for any failure or delay in performance under these Terms for causes beyond Our reasonable control, and not caused by Our fault or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or labor problems, computer or malicious attacks on our software, including attacks through the internet, any internet service provider, telecommunications or hosting facility.
Subject to applicable law, any disputes arising out of or relating to the Terms, the Policies, the Website, the Services, or the products or services offered or sold through the Website and Services shall be resolved in accordance with the laws of the province of British Columbia without regard to
its conflicts of law rules. Subject to applicable law, any such disputes must be brought before the courts of the Province of British Columbia, and you irrevocably consent to the exclusive venue and jurisdiction of such courts.
These Terms and any document expressly referred to herein (including, without limitation, the Policies, Order Confirmations and Shipping Confirmations), represent the entire agreement between you and Us in relation to the subject matter of these Terms or any such document or policy referred to herein, and supersede any prior agreement, understanding, or arrangement between you and Us, whether oral or in writing. You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by the other or implied from anything said or
written in negotiations between you and Us prior to such Terms or any such document referred to herein, except as expressly stated in these Terms.
All notices given by you or required under these Terms shall be in writing and addressed to:
Icon Cars and Clothing
PMB 332,
407-552 Clarke Road
Coquitlam, BC, V3J 0A3
Any questions that you have about these Terms, the Policies, or the Website can be sent to: sales@iconcarsandclothing.com