Effective Date: 1st January 2025
These terms and conditions (hereinafter "Terms and Conditions") govern the use of our mobile application "my Icebreaker connect" which is hereinafter referred to as "the Product" and is or will be available at Google Play, Apple App Store and/or any other platform as decided from time to time.
The Product is owned and operated by my Icebreaker. These Terms and Conditions constitute a binding contract between You and Us. In connection with Your use of the Product, We may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms and Conditions, we refer to all of these items collectively as "the Items".
These Terms and Conditions will govern Your use of all pages of the Product, as well as Your use of the Items. If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms and Conditions. You acknowledge that You understand the Terms and Conditions and that You agree to be bound by the Terms and Conditions. If You do not understand the Terms and Conditions, if You do not agree to be bound by the Terms and Conditions, or if You need more time to review and consider the Terms and Conditions, then You must stop using the Product immediately.
"Australian Consumer Law" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
"Owner IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
"Content" means any content, writing, images, audiovisual content or other information published on the Product.
"Contract" means these Terms and Conditions.
"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms and Conditions, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms and Conditions.
"Effective Date" means the date that these Terms and Conditions come into force.
"Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password.
"Items" means any and all of the Product, Services, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Services or Product.
"Parties" means both You (the user of the Product) and Us (the Owner of the Product) collectively.
"Product" means the mobile application called "my Icebreaker connect" including all pages, all sub pages, all blogs, all forums, and all other connected internet content whatsoever which is available at Google Play, Apple App Store and/or any other platform as decided from time to time.
"Services" means any or all services provided by or on the Product.
"Terms and Conditions" means these terms and conditions.
"Us", "We", "Our", "Owner" and “my Icebreaker” refers to my Icebreaker Trust, a unit trust established in Queensland Australia by deed dated 01 / 07 / 2022.
"Us", "We", "Our" or "Owner" also includes any employees, affiliates, agents or other representatives of my Icebreaker.
"You", "Your" or “User” refers to the user of the Product.
"Your Content" means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
a. In these Terms and Conditions, unless the context otherwise requires, the following rules of interpretation shall apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
a. By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms and Conditions, that You understand the Terms and Conditions and that You agree to be bound by the Terms and Conditions. If You do not understand the Terms and Conditions or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms and Conditions.
b. By continuing to use the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms and Conditions.
c. By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms and Conditions.
a. In order to use the Items, You must be aged at least 8 years.
b. By using the Items, You represent and warrant that You are aged at least 8 years.
c. We accept no responsibility or liability for any misrepresentation of Your age.
a. We may provide You with certain other Items in connection with Your use of the Product.
b. Subject to these Terms and Conditions, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms and Conditions is non-exclusive, limited, non-transferable, worldwide and revocable.
c. You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.
a. We may sell Services or may allow third parties to sell Services on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.
b. Please refer to Our additional terms and conditions for sale of services as applicable.
a. The Product, Content and Materials are provided for general information only and may change at any time without prior notice.
b. You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.
c. Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Product suits Your particular purpose.
d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms and Conditions.
f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.
You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
a. We may immediately terminate these Terms and Conditions at any time, with or without cause.
b. We specifically reserve the right to terminate these Terms and Conditions if You breach these Terms and Conditions in any way.
c. These Terms and Conditions terminate automatically if we cease to operate the Product for any reason.
d. If You have registered for an account with Us, You may terminate these Terms and Conditions at any time by contacting Us and requesting termination.
e. At the termination of these Terms and Conditions, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.
a. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.
b. You further agree not to use the Product or the Items:
I. to harass, abuse, or threaten any other person or to otherwise violate any other person"s legal rights;
II. to violate any intellectual property rights of Us or of any third party;
III. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV. to commit any kind of fraud;
V. to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
VI. to publish or distribute any obscene or defamatory material;
VII. to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;
VIII. to unlawfully gather information about others.
c. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.
a. You hereby acknowledge and agree that these Terms and Conditions may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms and Conditions as varied or amended.
b. You agree to routinely monitor these Terms and Conditions and to refer to the Effective Date posted at the top of these Terms and Conditions in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms and Conditions.
c. In the event that You fail to monitor any modifications to or variations of these Terms and Conditions, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms and Conditions.
a. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Product at any time.
b. You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
c. You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.
a. The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter "Owner IP").
b. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms and Conditions amounts to a transfer of any intellectual property rights from Us to You.
c. You hereby acknowledge and agree not to use the Owner IP for any unlawful or infringing purpose.
d. You hereby acknowledge and agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
e. All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of these Terms and Conditions.
a. You may be asked to register with Us in order to use or access the Items.
b. If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Items.
c. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
d. You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
e. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
f. You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms and Conditions.
a. Through Your use of the Product or other Items, You may provide Us with some of Your personal information. By using the Product or Items, You authorise Us to use Your information in Australia and any other country where We operate.
b. We take Our privacy obligations very seriously.
c. Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.
You agree not to:
a. reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and
b. violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
You are prohibited from using the Items for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.
a. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date) and You must promptly notify Us if your payment method is cancelled (including if You lose your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorised disclosure or use of your username or password). Changes to such information can be made at Our “Membership” page. If You fail to provide us any of the foregoing information, You agree that You are responsible for fees accrued under your Billing Account. In addition, You authorise Us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
b. You agree that all payments made are final and that You will not challenge or dispute the charge with your bank. You further agree that should You have any issues relating to your payment (such as duplicate billing), You will open a support ticket through Our contacts to resolve the issue. Should a dispute be initiated with your bank, You agree that You will be held responsible for any outstanding balance owed to Us plus any dispute case fees charged by our bank. You agree that You will pay any outstanding balance You have with Us within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency and You agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that You owe.
c. In order to provide continuous service, We provide for automatic renewal. Whether it exercises the right or not, We have the right to automatically renew your Membership from month to month. UNTIL TERMINATED, WE MAY AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, You acknowledge that your account will be subject to the above-described automatic renewals. If You do not wish your account to renew automatically or if You want to change or terminate your subscription, please go to Our Membership page and follow the directions contained therein.
d. WE MAINTAIN A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ARE FINAL. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION PACKAGE YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED OR REMAINING SUBSCRIPTION OR CREDITS. (Certain exceptions to this policy apply for customers located in the European Union, European Economic Area and the United Kingdom).
e. When You deactivate Your account or if Your account is suspended for violating these Terms and Conditions or other policies, You agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused Membership subscription and credits. Further, if Your deactivated account is reinstated at a later date, You agree that neither any unused subscription or credits forfeited at the time of your account deactivation will be reinstated with your account.
f. Credits or a subscription purchased for a specific account are strictly non-transferable. You agree that any remaining or unused Membership subscription associated with an active or deactivated account will not be transferred to any other account belonging to You or to someone else.
g. We reserve the right to offer free Membership to any person(s) of its choice at any given time, for any duration, while charging other Members, at the same time. We also reserve the right to cancel the free trial period at any time, for all or any of its Members.
a. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and Conditions and the Australian Consumer Law.
b. Applicable law: Your use of the Product and the Items is subject to the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.
c. Written communication: In relation to any correspondence or notification which is required under these Terms and Conditions to be provided in writing from one party to the other party:
I. such notice is properly given if given to the other party:
A. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
B. by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
C. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
II. such notice is taken to be received:
A. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
B. if sent by facsimile, at the time shown of correct and complete transmission to the recipient"s facsimile number by the sending machine.
C. if sent by prepaid post within Australia, five (5) days after the date of posting.
D. if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.
d. No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms and Conditions without Our prior written consent.
e. Severability: If any clause or sub-clause of these Terms and Conditions is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms and Conditions shall continue in full force and effect.
f. No waiver: In the event that We fail to enforce any provision of these Terms and Conditions, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms and Conditions will not constitute a waiver of any other clause or sub-clause.
g. Headings for convenience only: Headings of clauses and sub-clauses under these Terms and Conditions are for convenience only. Headings shall not affect the meaning of any provision of these Terms and Conditions.
h. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and Conditions and the events contemplated by them.
i. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms and Conditions. These Terms and Conditions do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
You can contact Us about these Terms and Conditions using the following details:
Level 10, 19 Eagle Street
BRISBANE QLD 4000
Ph 1300 223 233
By continuing to use the myIceBreaker Connect, you agree to these Terms and Conditions.
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