ICE Information Now!
Terms and Conditions
Last Update: 28 April 2020
1. ICE Information Now (referred to as “ICE-Info-Now!”, “the Site”, “we”, “our”, “us” or “Company”) provides private, user selected information in response to a user's registered ICE-Info-Now! Code being sent to our service. We are aware of the importance of security and privacy for the information that we store and provide.
3. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New Zealand which shall have exclusive jurisdiction over any disputes.
About these Terms and Conditions of Use
4. By using the ICE-Info-Now! service you agree to be bound by these Terms and Condition of Use which take effect immediately upon registration. This right is non-exclusive and non-transferable and limited by these Terms. If you do not agree to be bound by all of these Terms and Condition of Use please do not access or use ICE-Info-Now! and close your account.
5. ICE-Info-Now! may change these Terms and Condition of Use from time to time and the date of the most recent update will be displayed. You should check these Terms and Condition of Use regularly. ICE-Info-Now! is not responsible for notifying users of changes to the Terms and Condition of Use beyond the date of the changes being noted.
Use of ICE-Info-Now! and your obligations
6. ICE-Info-Now! is for personal use only. Users must be 18 years of age or older unless they have been registered by their authorized parent or guardian.
7. You agree in using ICE-Info-Now! that you will:
- keep all access details including passwords secret;
- comply with the Terms and Condition of Use and other policies;
8. You authorise ICE-Info-Now! to send messages related to our services to your registered email address and/or cell phone via SMS text. These messages will not contain any of your personal or health information. All messages sent to your account will be assumed to have been read.
9. If registering for an event, you authorise ICE-Info-Now! to send your details to the event organizer who manages all information related to events. ICE-Info-Now! has no role whatsoever with specific events beyond providing a service to event organisers.
10. ICE-Info-Now! is provided on an "as-is," "with all faults" and "as available" basis.
11. The content information available from or on ICE-Info-Now! is not intended to address any specific circumstances. It is the user’s responsibility to ensure the quality and accuracy of the information stored on ICE-Info-Now!.
12. To the extent permitted by law, ICE-Info-Now! excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
13. ICE-Info-Now! does not guarantee the timeliness, completeness or performance of the ICE-Info-Now! services. It should particularly be noted that the transmitting and receipt of SMS text messages is not 100% reliable and so the service should not be considered as the only mechanism for receiving information.
14. ICE-Info-Now! does not warrant that the servers hosting ICE-Info-Now! will be available, free of viruses or bugs, that the functions available on ICE-Info-Now!will be uninterrupted or error free, or that defects in ICE-Info-Now! services will be corrected in a timely manner.
15. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to ensure safe computing.
Limitation of Liability
16. You can recover from ICE-Info-Now! only direct damages up to any amount you pay ICE-Info-Now! for using its services. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. This applies even if this remedy does not fully compensate you for any losses, even if ICE-Info-Now! knew or should have known about the possibility of the damages.
17. ICE-Info-Now! accepts no liability whatsoever for any issues arising from event registrations as these are provided as a service to event organisers and any disputes are between yourself and the event organiser.
18. You agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the extent contracting out is permitted by that Act.
19. ICE-Info-Now! shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
- loss of data;
- damages arising from failure of ICE-Info-Now! to transmit information;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of ICE-Info-Now! regardless of the form of action.
20. You agree to release, indemnify and keep indemnified ICE-Info-Now! from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by ICE-Info-Now! from any person arising out of or in connection with your failure to comply with these Terms and Condition of Use or your use of ICE-Info-Now!.
Limits on use or services
21. ICE-Info-Now! may change the range of ICE-Info-Now! services or remove features at any time and for any reason.
22. Without limiting any other rights and remedies available to ICE-Info-Now!, ICE-Info-Now! may, at its sole discretion, limit your activities on ICE-Info-Now! or refuse to provide you access to ICE-Info-Now! or any part of it if you:
- breach these Terms and Condition of Use;
- breach any ICE-Info-Now! policy;
- at the request of an event organiser; or,
- where ICE-Info-Now! considers any of your conduct, in its sole discretion, to be inappropriate.
23. In such an event, your account will be closed and your information will be permanently removed from ICE-Info-Now!.
24. We do not allow minors (persons under the age of 18) to use our site unless they have been registered by their authorized parent or guardian. Any accounts found in violation of this term will be terminated without a refund and all information pertaining to that user account will be erased.
25. You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms and Condition of Use ("Dispute") unless you have first complied with this Disputes Resolution section.
26. Where any Dispute arises, you (or your representative) and a representative of ICE-Info-Now! will negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion. If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.
27. Nothing precludes a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
28. If any of these Terms and Condition of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country or area in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
29. These Terms and Condition of Use, the Privacy Statement and Code of Conduct supersede any and all prior oral or written communication on the subject matter contained in them.
30. Notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered:
- Personally – when they are received; or,
- By email – upon confirmation of receipt;
31. ICE-Info-Now! may assign its interest in ICE-Info-Now! at any time and for the purposes of this agreement references to ICE-Info-Now! shall include any person or organisation to which it has licensed or assigned its rights and obligations.