TERMS OF SERVICE

OVERVIEW

Welcome to Tropical Ice Boxes.

The terms “we”, “us” and “our” refer to Tropical Ice Boxes. Tropical Ice Boxes 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”).

Tropical Ice Boxes is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms 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 our 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 province 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 store 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 information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to provide an accurate representation of our products and services.

Please note that colours and product appearance may vary slightly depending on the device, screen settings and configuration used to view the store.

Product descriptions, specifications, colours, availability and other information may be updated from time to time.

We reserve the right to discontinue products or limit quantities where reasonably necessary.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

Tropical Ice Boxes reserves the right to accept or decline an order where reasonably necessary, including where there is a pricing error, stock issue, suspected fraud, incorrect information or another legitimate reason.

Your order is accepted once Tropical Ice Boxes confirms acceptance and payment has been successfully processed.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order has been processed or dispatched.

If we need to change or cancel an order, we will attempt to contact you using the email address, billing address or phone number provided at checkout.

Returns and exchanges are handled in accordance with our Return and Refund Policy.

Products purchased through the Services must not be purchased for unauthorised resale or export.

Approved wholesale, retailer and commercial purchases are permitted.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change without notice.

The price charged for a product or service will be the price shown at the time the order is placed and will be confirmed in your order confirmation.

Unless otherwise expressly stated, prices displayed on our Australian online store include GST.

Shipping, handling, customs, import charges or other delivery-related charges may apply in addition to the displayed product price.

Prices on our online store may differ from prices offered through physical stores, retailers, wholesale channels or third-party sellers.

Promotional offers may be subject to separate terms and conditions. If there is a conflict between promotion-specific terms and these Terms, the promotion-specific terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information.

You also confirm that you are authorised to use the payment method supplied and agree to pay all applicable charges associated with your order.

SECTION 5 - SHIPPING AND DELIVERY

Delivery timeframes provided through the Services are estimates only and may vary depending on your location, the product ordered, carrier availability and circumstances outside our reasonable control.

We are not responsible for delays caused by freight carriers, severe weather, transport disruptions, customs processing or other events outside our reasonable control.

Please ensure your delivery address and contact details are correct when placing your order.

We are not responsible for delays or additional freight charges resulting from incorrect or incomplete delivery information supplied by you.

If your order arrives damaged, faulty or incorrect, please contact Tropical Ice Boxes as soon as possible so we can assess the issue and assist with the appropriate next steps.

Shipping charges, delivery conditions and other freight information are set out in our Shipping Policy and may vary depending on the size, weight and destination of the order.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, images, graphics, product reviews, video, audio, designs and other content, are owned by Tropical Ice Boxes, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for lawful personal or business purchasing purposes.

You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use material from the Services without our prior written consent, except where permitted by law.

Nothing in these Terms grants you ownership of or rights to any Tropical Ice Boxes, Shopify or third-party intellectual property.

Tropical Ice Boxes names, logos, product names, designs and slogans are trademarks or intellectual property of Tropical Ice Boxes or its affiliates or licensors and must not be used without permission.

Shopify names, logos and related intellectual property remain the property of Shopify.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or functionality offered by third parties as part of the Services.

We may not monitor or control these third-party tools.

Access to optional tools is provided on an “as is” and “as available” basis, subject to applicable law.

Your use of third-party tools may also be subject to the terms and policies of the relevant third-party provider.

We may introduce new features, tools or resources through the Services from time to time, and those features will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites or platforms operated by third parties.

We are not responsible for the content, accuracy, privacy practices or security of third-party websites.

If you choose to access or purchase from a third-party site, you should review that third party’s terms, policies and practices before proceeding.

Questions or complaints relating to third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Tropical Ice Boxes is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are made directly with Tropical Ice Boxes.

Shopify is not the seller of Tropical Ice Boxes products and is not responsible for the fulfilment, quality or performance of products purchased from Tropical Ice Boxes.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, certain personal information may also be collected and processed by Shopify in accordance with Shopify’s own privacy practices.

Please review our Privacy Policy for more information about how we and our service providers handle personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us permission to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, promoting and improving our business and Services.

You confirm that you have the necessary rights to provide the Feedback and that it does not infringe the rights of another person.

You are responsible for the accuracy and legality of any Feedback you submit.

We may remove Feedback that we reasonably consider unlawful, offensive, misleading, abusive, defamatory, infringing or otherwise inappropriate.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability or other information.

We reserve the right to correct errors or inaccuracies, update information or cancel an order where information relating to that order was materially incorrect.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You must not use the Services:

• For any unlawful or malicious purpose

• To violate applicable laws or regulations

• To infringe intellectual property or other rights

• To harass, abuse, threaten, defame or harm another person

• To transmit false or misleading information

• To distribute spam, malicious code or other harmful material

• To impersonate another person or entity

• To interfere with the normal operation or security of the Services

You must not use robots, spiders, scraping tools, data extraction tools, automated processes or other automated means to access the Services except as expressly permitted under Section 14 - Agents.

We reserve the right to suspend or restrict access where we reasonably believe these Terms have been breached.

SECTION 14 - AGENTS

This section applies where a software service or system acts autonomously or semi-autonomously on behalf of a person or entity to access, use or interact with the Services (“Agent”).

Agents may access or interact with the Services only where they:

• Identify themselves appropriately

• Do not conceal that the interaction is automated

• Do not attempt to mimic human behaviour for the purpose of bypassing security or access controls

• Do not circumvent CAPTCHAs, robot exclusions, authentication requirements or other technical restrictions

• Comply with any technical requirements or access restrictions we apply

• Stop accessing the Services if requested to do so

We may limit or control whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached.

Any obligations or provisions that by their nature are intended to continue after termination will remain in effect.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general information purposes.

While we make reasonable efforts to ensure information is accurate, we do not guarantee that all content will be complete, current or error-free at all times.

Except where expressly stated by Tropical Ice Boxes or required by law, the Services are provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Tropical Ice Boxes and its directors, employees, contractors, service providers and affiliates will not be liable for indirect, incidental, special, punitive or consequential losses arising from the use of the Services or products purchased through the Services.

This limitation does not apply where liability cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Tropical Ice Boxes, Shopify and their respective affiliates, directors, officers, employees, contractors and service providers from claims or losses arising from:

• Your material breach of these Terms

• Your unlawful use of the Services

• Your infringement of the rights of another person

This section applies only to the extent permitted by law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law and otherwise severed from these Terms.

The remaining provisions will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

A failure by us to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms and the policies referred to within them form the agreement between you and Tropical Ice Boxes relating to your use of the Services, subject to any separate written agreement that may apply to wholesale, retailer or commercial customers.

SECTION 21 - ASSIGNMENT

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

We may assign or transfer our rights and obligations where reasonably necessary in connection with the operation, restructuring or transfer of our business.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws applicable in Queensland, Australia.

Any dispute relating to these Terms will be subject to the jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We may update these Terms from time to time to reflect changes to our Services, business practices, technology, policies or applicable requirements.

The most current version will be available on this page.

Where required, we will provide notice of material changes.

Your continued use of the Services after updated Terms take effect constitutes acceptance of the revised Terms.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Tropical Ice Boxes
Email: info@tropicaliceboxes.com
Postal address: PO Box 51, Clifton Beach QLD 4879, Australia
ABN: 81 653 946 804