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Shop Terms & Conditions
We are ICONIK TRAVELS AND EVENTS having our business address at Purok Sandiwa, Barangay Tanguiban, Puerto Princesa City, Palawan, Philippines 5300 (“Iconik”).
These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
In these Terms and Conditions:
• “Account” means the Iconik Account that you will need to register on our Platform if you would like to submit an Order;
• “Business Day” means a day from 9.00 a.m. to 6.00 p.m. in the Philippines, excluding Saturdays, Sundays, and public holidays;
• ”Order Confirmation” means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
• “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
• “Customer” means any individual who places an Order on the Platform;
• “Order” means the Order submitted by you to the Platform to purchase a Product from us;
• “Platform” means collectively ICONIK’s Website, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Platform”;
• “Website” means the ICONIK website accessed at the following address at www.iconiktravels.com.;
• “You” means the Customer or a guest;
• References to “clauses” are to clauses of these Terms and Conditions;
• Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
• 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;
•
References to “includes” or “including” or like words or expressions shall mean without limitation.
To place an Order with ICONIK you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with ICONIK only with the involvement of a parent or guardian.
You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offense under Republic Act of 10175. In the event such breach occurs, ICONIK will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
5.1 These Terms and Conditions shall apply to your use of the Platform and all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and ICONIK and supersede any and all preceding and contemporaneous agreements between us.
5.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
6.1 Personal Information
To place an Order, you must provide us with your personal information to facilitate communication regarding the Order you have placed. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
(b) You shall not misuse the Platform by creating multiple user accounts.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(b) To submit an Order, you will be required to follow the online shopping process on the Platform. After this, you will receive an Order Confirmation via email which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon the receipt of your proof of payment via bank transfer, Gcash, or Paypal. Such will be confirmed by Iconik via email and/or official social media channels on Facebook or Instagram (@iconiktravels.com).
6.3 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a) Where applicable, prices are in Philippine Peso. Delivery costs will be charged in addition where applicable; such additional charges will depend on the delivery fees available and preferred by you (ie. Grab delivery, Lalamove, etc.).
(b) We are under no obligation to fulfil your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our Platform.
(d) Promotional vouchers or codes must be entered at the check-out page online only. Promotional vouchers are only applicable in selected items on the Iconik website, posted on Iconik’s official social media pages. Any vouchers or codes acquired by other means will not be honored.
(e) Verification using Paypal adheres to all terms and conditions defined by Paypal. Your card will be debited once we have sent you the Order Confirmation.
(f) Upon authorization of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the promotional voucher or code, and have sufficient funds or credit facilities to cover the cost of the Product.
6.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please contact info@iconiktravels.com immediately. We will try our best to process your request and make the necessary changes to the Order.
6.5 Refusal of Order
We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.
7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time will depend on availability and area of delivery (as updated in the Order Confirmation you will receive via email). In the event that you would not be available to take the delivery on the said date and time, you can inform Iconik of your availability, provided that it will still be under operating hours and subject to the availability of Iconik.
7.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product, you may be required to sign for delivery. You may contact info@iconiktravels.com in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
7.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using 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.
7.5 We deliver in our standard packaging.
7.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.7 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on ICONIK in the future.
7.7 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee 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 immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 7.7 (a) above).
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
If you wish to cancel your Order, please contact us through info@iconiktravels.com. No cancellation fees shall be applicable. Once an Order has been dispatched it may not be cancelled.
9.1 If you are not completely satisfied with your purchase, you may return the Product to us within thirty (30) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable).
9.2 All items must be received by ICONIK in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
9.3 We do not honor any walk-in returns.
10.1 All Product descriptions, information and materials posted on this Platform are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
10.2 Product image as seen on the Platform may slightly differ from the actual Product that you receive.
10.3 If the item you receive is faulty, please contact us at info@iconiktravels.com and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement.
10.4 Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
10.5 ICONIK may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy subject to clause 9.
10.6 In the event the Product returned is not faulty, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11.1 You may use promotional vouchers and codes while making payment for Products on the Platform. Specific details for promotional vouchers and codes are listed below.
11.2 To redeem vouchers and codes, they must be entered before check-out.
11.3 Promotional vouchers must be entered at the check-out page online only.
11.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift cards purchase or redemption of that voucher on the Platform, we are entitled to close your Account and/or require a different means of payment.
11.5 We assume no liability for the loss, theft or illegibility of gift or promotional vouchers and codes.
11.6 In rare cases, ICONIK may at its sole discretion discontinue or cancel any voucher or code previously issued and will not be responsible for any losses arising therefrom.
11.7 Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers and codes that may be used only on the Platform, which we will send to you either by email or post:
(a) Promotional vouchers and codes are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies.
(b) You may redeem only ONE voucher or code per promotional campaign. ICONIK reserves to the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
(c) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(d) The credit of a promotional voucher does not accrue interest, nor does it have a cash value.
(e) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
(f) For cash vouchers stipulated for a specified sum, if you choose to return the product, you will not be refunded the value of the cash voucher. However, if you paid partly with your own funds, this portion will be refunded.
12.1 The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, ICONIK and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.2 Nothing in these Terms and Conditions shall exclude or limit ICONIK’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, hold harmless ICONIK, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions.
14.1 ICONIK shall perform its obligations under these Terms and Conditions with reasonable skills and care.
14.2 We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause 6.4 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer or supplier must generally be involved, and as such it may take longer to resolve such an enquiry or complaint.
14.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
During our relationship with you, we may collect Personal Data from you. Examples of the types of Personal Data we may collect include your name, contact details, mailing and delivery addresses, email address, birthday, network and device data (including your IP address and device or advertising identifiers), your shopping or browsing behaviors, facial image, voice recording (for customer service calls) and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us.
If you provide us with Personal Data relating to a third party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.
• By submitting your Personal Data to us when prior to check-out, or ordering any of our products and services, you are agreeing to the terms of this Policy.
• We may use and disclose your Personal Data for purposes necessary to provide you with our products as services, including to:
• register and maintain your user account and to verify your identity or age;
• process your order for our products or services, process or collect your payment for the order;
• deliver or perform the products or services you purchased, including our couriers calling or messaging you to obtain your delivery instructions;
• process your returns or refunds in accordance with our Terms of Service;
• provide you with supporting services and functions related to your user account, such as saved items in cart, wish list, brand or product notifications;
• communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our WebsiteTerms of Service, Policy or other terms and conditions, and (iii) matters relating to the operation of your account;
• personalize and improve your customer experience when you visit the Website, for example by prioritizing products and services appearing in your search results or feed;
• monitor and enforce compliance with our Terms of Service, including dispute resolution;
• comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law; and
• ensure our Website function properly and to improve their performance, by carrying out activities such as debugging, statistical analyses for optimizing our Website.
(collectively, the “Purposes”)
• In addition, we may use and disclose your Personal Data for the following purposes, to:
• send you marketing communications in relation to our sales, products, services, promotions or the Platforms;
• send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;
• deliver ads which are related to our products and services which may be of interest to you on the Platforms or other websites, apps or online platforms;
• enable businesses to deliver ads which are related to their products and services which may be of interest to you;
• provide you with our add-on or premium services;
• invite you to our private customer events;
• process your participation in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;
• process your participation in our business partners’ loyalty or point redemption programs;
• conduct market and customer research, analysis or tracking;
• promote our products and services on our Platforms;
• manage the administrative and business operations of Iconik and complying with internal policies and procedures;
• improve your customer experience across all touchpoints and training our customer experience team, such as by recording and monitoring phone calls; and
• any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page;
(collectively, the “Additional Purposes”)
We may also use your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such use does not require consent under Applicable Laws.
Note: If you withdraw your consent for us to use and process your Personal Data the Purposes or the Additional Purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.
Whom will your personal data be shared with?
In relation to our use of your Personal Data for the Purposes or Additional Purposes, we may disclose your Personal Data to our:
• employees, consultants, temporary workers;
• Iconik Marketplace sellers, who supply and deliver the products or services you ordered through the Website;
• payment processors, who process your payment on the Website;
• logistics providers, such as courier services which will deliver your order to you;
• Business partners or vendors in connection with the processing of any promotion, event or service organised by us;
• professional advisers and consultants;
• agents, contractors or service providers who provide operational services to us, such as online cloud storage and processing, marketing optimization, information technology, telecommunications, security or other relevant services which requires their collection, use or disclosure of your Personal Data; and
• any other party whom you authorize us to disclose your Personal Data to.
We may also disclose your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such disclosure does not require consent under the Applicable Laws.
We do our best to minimize the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose. Our disclosure of your Personal Data shall be in accordance with Applicable Laws. In this regard, you hereby acknowledge, agree and consent that we are permitted to disclose your Personal Data to such third parties (whether located within or outside the Philippines) for one or more of the above Purposes and Additional Purposes, and for the said third parties to subsequently collect, use, disclose and/or process your Personal Data for one or more of the above Purposes and Additional Purposes.
REQUEST TO WITHDRAW CONSENT
If you wish to withdraw your consent for us to send you sales, marketing or promotional information, please inform us as follows:
• to withdraw consent from receiving SMS promotions: please unsubscribe by emailing us at info@iconiktravels.com
• to withdraw consent from promotional emails, please email us through the email address stated above;
Your rights and freedoms as a data subject in accordance with the Applicable Laws shall be respected. Once we receive notification that you wish to withdraw your consent for receiving marketing or promotional materials or communications, it may take up to thirty (30) days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials or communications during this period.
If you withdraw your consent to receive marketing or promotional materials through a specific communication mode (e.g. SMS), we may still contact you for other purposes in relation to the products and services via other communication modes you have subscribed to (e.g. email).
You may withdraw your consent for the collection, use and/or disclosure of any of your Personal Data in our possession or under our control by submitting a written request via email to info@iconiktravels.com. Note that, depending on the nature of the consent withdrawal, we may not be able to continue to provide you with some or all of our products or services. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.
ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
Your rights and freedoms as a data subject in accordance with the Applicable Laws shall be respected. We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organization is accurate and complete. However, you should update us of any changes in your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of changes.
We will also put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. This includes putting in place reasonable security measures to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Data. However, we will not be responsible for any unauthorized use of Personal Data by third parties which is attributable to factors beyond our control.
When Personal Data in our possession is (i) no longer required for any reason connected to the purpose it was originally collected, (ii) retention by us is no longer necessary for any other legal or business purposes, or (iii) ordered blocked, removed, or destroyed by you, we will exercise measures to ensure such Personal Data is either destroyed or anonymized.
If Personal Data is transferred out of the Philippines, we will comply with Applicable Laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under Applicable Laws or any other laws, and (ii) executing the necessary data sharing or outsourcing agreement, unless an exception exists under Applicable Laws, and (iii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the Applicable Laws.
THIRD PARTY COOKIES
Iconik uses the services of third party vendors, who may implement cookies on the Website. Advertisements on the Website may be provided by third party agencies. These advertisements may also generate cookies, for example, to track how many people have viewed the advertisement. The collection, use, and disclosure of information, including Personal Data, collected by such third party cookies are subject to the privacy and data protections policies of the third party vendors and are not under our control.
You may reject third party cookies through the settings on your browser. Note that this may result in the loss of Website functionality, restrict your use of the Website, or delay or affect the way in which the Website operates.
GOVERNING LAW
This Policy and your use of this Website shall be governed in all respects by the laws of the Philippines.
UPDATES ON DATA PROTECTION POLICY
As part of our efforts to ensure that we properly manage, protect and process your Personal Data, we will be reviewing our policies, procedures and processes from time to time. In this regard, ICONIK may update this Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements. We reserve the right to amend the terms of this Policy at our absolute discretion.
Subject to your rights at law, you agree to be bound by the prevailing terms of the Policy as updated from time to time on our Website. Any amended Policy will be posted on our website and can be viewed at www.iconiktravels.com.
You are encouraged to visit the above Website from time to time to ensure that you are well-informed of our latest policies in relation to Personal Data protection.
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
16.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
16.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
16.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Malaysia.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
18.1 All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of ICONIK or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by ICONIK and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
18.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of ICONIK in Malaysia and other countries. ICONIK’s trademarks may not be used in connection with any product or service that is not provided by ICONIK, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ICONIK. All other trademarks not owned by ICONIK that appear on the Platform are the property of their respective owners.
18.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
18.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event ICONIK becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
18.5 If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ICONIK or its licensors.
19.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.2 You must not establish a link from any Platform that is not owned by you.
19.3 This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Philippines. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Philippines. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Platform and be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.