Shipping and Handling

All orders placed (other than those placed in peak periods) will be dispatched from our Sydney warehouse within 3 business days (based on New South Wales, Australia time). In peak periods, please allow for more time (up to 6 business days) for dispatch.

Deliveries will be made to the shipping address that you have provided. Please ensure that the address you provided is complete and accurate. It is your sole responsibility to provide your details accurately.

ICON Whitening are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses, or correct addresses. In the event that a product is lost in transit, ICON Whitening will help as much as can be reasonably expected to trace a missing parcel. Orders may end up being returned to us for various reasons including, non-payment of fees, duties or taxes, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will need to email help@iconwhitening.com to arrange redelivery. In this event you will also have to pay for any and all postage costs, duties, fees etc as applicable.

Risk in the products purchased will transfer to you once delivery has been made to the address you provided. Please direct any shipping related inquiries to help@iconwhitening.com.

Fees, Taxes and Duties

Fees, duties, import/export and excise taxes, as well as other fees or assessments may be levied by any National, State, or Local Government, their Departments or Subdivisions in relation to the products and shipment ordered by you. Any and all of these (Fees, Taxes and Duties) charges are not included in the original shipping charge, or product price. If Fees, Taxes and Duties are levied on your shipment of products, these charges must be paid by you in addition to the amounts stated on our website.

You will not be entitled to payment or reimbursement by ICON Whitening for those charges. If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us, we will provide you with a refund for the returned products minus the return delivery costs. ICON Whitening will not be liable for the payment of any of these Fees, Duties or Taxes.
If you are unsure of the charges and whether you will be affected, please contact your local customs office.

Returns

If you consider that an item is defective and you are entitled to a replacement or a refund, you must first email help@iconewhitening.com, with a description of your problem.

Results will vary greatly from person to person, depending on the type of teeth or conditions and or teeth stains the user has. It may take a number of months to completely rid your teeth of tough stains. ICON Whitening is not able to refund purchases unless the product is defective or you qualify for a refund in accordance with our Money Back Guarantee.

Subject to the below paragraph, ICON Whitening will offer a refund for defective items only if the defective product is returned to us, or you provide us with a video proving (to our satisfaction) that the product is defective, within 30 days of receipt of the same. We will review your claim as soon as we can and, if we are satisfied that your product is defective, we will provide you with a refund for the defective product.

We offer a two (2) year warranty for our LED lights. If, at any time within two (2) years following your receipt, the LED light (with fresh/charged batteries) no longer works when used in accordance with our instructions, we will provide you with a replacement LED light free of charge. To make a claim under this warranty, you can either return the LED light to us, or provide us with a video demonstrating how the LED light is no longer working, within two (2) years from the date that you received it. We will review your claim as soon as we can and, if we are satisfied that the LED light is no longer working, we will send you a new LED light. Ensuring you have correctly inserted, charged batteries is your responsibility.

If you elect to return the defective product to us, it is your responsibility to pay for shipping costs upon return. Refund will be limited to the cost of the item being returned via regular post, not express. An item returned via express is the responsibility of the user and a partial refund of only the actual regular mail will be refunded. It is the user’s responsibility to be aware of this.

Limited Liability

To the maximum extent permitted by the applicable law:

ICON Whitening do not make any warranties or representations other than those expressly set out in these Terms and Conditions; and all terms, representations and warranties that may be excluded by law regarding our products and the provision of them are expressly excluded from these Terms.

If any legislation implies into these Terms and Conditions any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under, that term or warranty, is deemed to be included in these Terms and Conditions.

To the maximum extent permitted by the applicable law, we expressly exclude liability for any: indirect, special, incidental, or consequential loss or damage suffered by you which may arise in connection with these Terms and Conditions, or the provision of our products, their use, or in respect of other equipment or property; loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third-party service provider; and loss of profit, business, revenue, goodwill or anticipated savings.

If any legislation or law implies into these Terms and Conditions any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, ICON Whitening’s liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:

• Supplying the products again; or
• Payment of the cost of having the products supplied again.

To the maximum extent permitted by law, if for any reason we are directly or indirectly liable to you in respect of any products provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those products.

Disputes

Unless otherwise specifically provided in these Terms and Conditions, a party to these Terms and Conditions must not commence court proceedings, save for proceedings seeking interlocutory relief, in respect of a dispute arising out of these Terms and Conditions unless it has complied with the provisions of the below dispute resolution process.

If the dispute is not resolved within ten (10) business days of delivery of the dispute notice, the parties must, within two (2) business days, appoint a mediator approved by both parties or a mediator appointed by the President of the New South Wales Law Society. The parties must ensure that the mediation is held and concluded within 15 days of the appointment of the mediator. Evidence of anything said or done in the course of attempting to settle a dispute is not admissible in any subsequent proceedings.
During the dispute resolution process the parties must continue to act in accordance with these Terms and Conditions.

If the dispute is not resolved by mediation within 30 days of the delivery of the dispute notice then either party may terminate the mediation.
Costs associated with the appointment of a mediator shall be borne equally between the parties to the dispute. Subject to the above paragraph, each party must pay its own legal costs and disbursements connected with the dispute.

Intellectual Property

ICON Whitening owns all Intellectual Property Rights existing in our website, products and branding. ICON Whitening in no way grants any right or entitlement of any nature in respect of our Intellectual Property Rights to you or any other 3rd party.

ICON Whitening reserves all rights, and Intellectual Property Rights.

For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, copyright and neighbouring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.

General

With the exception of those terms provided on the ICON Whitening website, these
Terms contain the entire agreement between the parties hereto and no representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document or subsequent to the date hereof in writing and signed by a proper and duly authorised representative of the party to be bound thereby.

If any provision of these Terms and Conditions are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

These Terms and Conditions are governed by and is to be construed in accordance with the law applicable in New South Wales, Australia.

Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.

Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given.

You must not assign your rights or obligations pursuant to these Terms and Conditions to any other person without ICON Whitening’s prior written consent.

Privacy Policy

ICON Whitening provides Teeth Whitening and Oral Beauty Products. References to “ICON Whitening”, “we”, “us” and “our” in this Privacy Policy refer to ICON Whitening and our parent company Ian Hance Pty Ltd.

ICON Whitening is bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). The APPs are designed to protect the confidentiality of information and the privacy of individuals by regulating the way personal information is collected, used, disclosed and managed. Personal information is, generally speaking, information or an opinion relating to an identified, or reasonably identifiable, individual.

This policy explains the types of personal information that we may collect and hold, how that information is used and with whom the information is shared. It also sets out how you can contact us if you have any queries or concerns about this information.

Why do we collect personal information?

We collect personal information about our customers, suppliers, contractors, job applicants and other contacts to understand and meet their needs, to conduct our activities and meet legal obligations.

What personal information do we collect?

The types of personal information we may collect include contact information (such
as your name, address, email address, and phone number), your newsletter preferences, comments you submit by way of Public Comment/Product Reviews and any feedback that you provide to us about our products and services, our website, or other matters.

Sometimes our activities require us to collect sensitive information. For more details, see the section ‘Sensitive information is subject to greater restrictions’, below.

What other information do we collect?

Personal information may be collected by way of forms filled out by individuals (including via on-line forms), surveys, emails, phone conversations, on-line user-generated content and market research, face-to-face meetings and interviews. Where necessary and with your consent, we may supplement the information we receive from you with information from third party sources.

You may in some circumstances have the option of not identifying yourself or using a pseudonym when you deal with us. However, if you choose not to provide the information we need to fulfill your request for a specific product or service we may not be able to provide you with the requested product or service or we may not be able to allow you to participate in our activities.

ICON Whitening also collects statistical information about visitors to our website using web analytics and session recording technology provided by third party service providers such as (but not limited to) Google Analytics and others. These services use Cookies to assist us in understanding how visitors access and utilise our site. Generally this information cannot be used to identify particular individuals. However, in some circumstances it may include a visitor’s internet protocol (IP) address, which could be linked to an individual.

In addition, ICON Whitening collects information on each unique visitor through their many interactions with our site. This information provides a more accurate picture of visitor journeys and use of our services and website. Web analytics data and Cookies do not contain personally identifiable information such as your name or email address and therefore cannot be used to identify you.

How might ICON Whitening use your personal information?

Generally, ICON Whitening may use and disclose your personal information for a range of purposes, including to:

• Provide you with our products or services that you have requested;
• Respond to your queries or feedback;
• Analyse and improve all aspects of our business including, but not limited to, our business systems, processes, outcomes, communication, website, engagement and performance;
• Provide you with any communications or publications in which we think you might be interested, or which you have requested;
• Let you know about developments in our procedures, products, services, activities and programs that might be useful to you;
• Facilitate your participation in forums, social, promotional events and offers.
• For use in our own marketing activities

Disclosure of personal information to other parties

ICON Whitening may disclose your personal information to third parties such as, our external service providers that provide services to us (such as freight, distribution of newsletters, publications and market research), government, statutory or regulatory bodies and other. We may disclose your personal information for the purposes set out above.

We may also disclose your personal information if it is required or authorised by law, or where we are otherwise permitted by the Privacy Act.

We do not sell or license your personal information to third parties.

Sensitive information is subject to greater restrictions

Some of the information we collect may be ‘sensitive information’, including information or an opinion, health information passed to us by you, or personal information, among other things.

Security and management of personal information

ICON Whitening will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. The ways we do this include:

• Limiting physical access to our premises;
• Limiting access to the information we collect about you (for instance, only those of our personnel who need your information to carry out our business activities are allowed access;
• Requiring any third party providers to have acceptable security measures to keep personal information secure; and
• Putting in place physical, electronic, and procedural safeguards in line with industry standards.
• If we no longer require your personal information and are not legally required to retain it, ICON Whitening will take reasonable steps to destroy or permanently de-identify the personal information.

Links from our website to other websites

Our website may contain links to third party websites. We do not operate these websites and therefore are not responsible for the collection or handling of personal information by the operators of these websites.

Accessing the information we hold about you

Under the APPs, you may be able to obtain a copy of the personal information that we hold about you. The APPs provide some exceptions to your rights in this regard. To make a request to access this information, please contact us in writing. We will require you to verify your identity and specify what information you require. We may charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested.

Updating your personal information

ICON Whitening endeavours to ensure that the personal information we hold about you is accurate, complete and up-to-date. Please contact ICON Whitening at the contact address set out below if you believe that the information we hold about you requires correction or is out-of-date.

This Privacy Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment.
If you are concerned that we have not complied with your legal rights or applicable privacy laws, you may bring a complaint internally through our complaints process or you may decide to make a formal complaint with the Office of the Australian Information Commissioner (www.oaic.gov.au) (which is the regulator responsible for privacy in Australia).

We will deal with complaints as follows:

Step 1: let us know
If you would like to make a complaint, you should let us know by contacting us.
Step 2: investigation of complaint
Your complaint will be investigated by us.
A response to your complaint will be provided in writing within a reasonable period.
Step 3: contact OAIC
We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also contact the Office of the Australian Information Commissioner as follows: www.oaic.gov.au