As part of the terms of use, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:
(a) use our Platform for unlawful or unauthorized purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
(l) conduct surveys, contest, or pyramid schemes, or promote or advertise products or services without appropriate authorization;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(o) violate the letter or spirit of our terms of use;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.
1.1 These are the terms and conditions on which we provide online services known as “e-Greeting” and “Brek-The-Ice” (BTI) and supply gift items for use in our services (collectively, “Products”) to you through our Platform.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
1.4 These terms and conditions shall be read in conjunction with BrekTheIce’s Terms of Use. In the event of any inconsistency, these terms and conditions shall prevail insofar as they apply to online sale of products.
2.1 You may place orders with us as instructed on our Platform. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we are unable to accept your order, we will let you know in writing and will not charge you for the Product ordered. This might be due to, but not limited to, the following:
(a) the Product ordered is out of stock;
(b) there are unexpected limits on our resources which we could not reasonably plan for; or
(c) we have identified an error in the price or description of the Product.
2.3 We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
3.1 The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Products that you purchase may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown in images on our Platform.
3.3 If we are making the Products according to measurements or specifications you have given us you are responsible for ensuring that these measurements or specifications are correct.
4.1 If you wish to make a change to the Product you have ordered, please contact us. We have full discretion whether or not to accept the changes. We will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7 – Your rights to end the contract).
5.1 We may make minor changes to the Product from time to time in order to:
(a) reflect changes in relevant laws and regulatory requirements; and
(b) implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
5.2 If we make significant changes to these terms or the Product, we will notify you and you may then contact us to end the contract before the changes take effect.
6.1 The gift items for sale on the Platform are for exclusive redemption by the intended gift recipient pursuant to our “Brek-The-Ice” (BTI) online service, and they are to be redeemed and to self-collect in-person or to be consumed (whichever is applicable) by the recipient at the selected vendor outlet or location of respective participating event or venue as specified on the Platform.
6.2 The supply and delivery of the actual gift item on successful redemption by the intended gift recipient is to be performed and fulfilled by the relevant vendor (business partner of BrekTheIce) as specified on the Platform. The gift item is non-exchangeable for cash and cannot be exchanged for another item and is valid for one-time redemption only. The recipient of the gift item must redeem the gift prior to the expiry of the respective “Brek-The-Ice” offer as specified in the order.
6.3 Apart from the terms and conditions stipulated on this agreement, the supply and delivery of Products are also subject to any other terms and conditions stated in the description of the Products on the Platform.
6.4 If the supply of the Products is delayed by an event outside our control, we will not be liable for delays caused by the event.
6.5 For subscription of “Premium Account”, we will provide the relevant Products at such time and location as agreed until the subscription expires or you end the contract as described in Clause 7 or we end the contract by written notice to you as described in Clause 8.
6.6 A Product will be your responsibility from the time the Product is delivered or supplied to you or from the time you collect the Product from the specified vendor, whichever is applicable.
6.7 You own a Product once we have received payment in full.
6.8 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our Platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 8 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.9 We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Product as requested by you or notified by us to you (see Clause 5).
6.10 We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency.
6.11 If you do not pay us for the Products when you are supposed to (see Clause 10.3), we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see Clause 10.4). We will not charge you for the Products during the period for which they are suspended.
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
(a) if what you have bought is faulty or misdescribed you may have a right to end the contract or to get the Product repaired or replaced or to get some or all of your money back, see Clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
(c) In all other cases, see Clause 7.4.
7.2 If you are ending a contract for a reason set out below the contract will end immediately, and we will refund you in full for any Products which have not been provided:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 5.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) you have a legal right to end the contract because of something we have done wrong; or
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one (1) month.
7.3 Even if we are not at fault, you can still end the contract before it is completed (i.e. when the Product is paid for and delivered to you or collected by you) by giving us notice in writing, provided that you will pay us reasonable compensation for the net costs we will incur as a result of your ending the contract. In such case, the contract will end immediately. We will refund any advance payment you have made for Products which will not be provided to you.
7.4 To end the contract with us, please email our customer service at contact@brektheice.com.
8.1 We may end the contract for a Product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(b) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
(c) you do not make any payment to us when it is due and you still do not make payment within two (2) days of us reminding you that payment is due.
9.1 We warrant that on delivery, the Products will:
(a) be of merchantable or satisfactory quality;
(b) be fit for purpose held out by us;
(c) be free from material defects in design, material and workmanship; and
(d) conform with their description given on our Platform in all material aspects.
9.2 Any warranty given by us under this clause does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) willful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
(c) your failure to operate or use the Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
(d) any alteration or repair by you or by a third party; or
(e) us following any of your specification or requests.
9.3 If you become aware of any defect in all or part of the Products delivered, you must:
(a) give notice in writing to us as soon as practicable; and
(b) return the allegedly defective Products to us by posting the Products to us.
9.4 Where the Products returned under Clause 9.3 are found to be defective we will, at our option, repair or replace the defective Products, or refund the price of such defective Products in full, and this is subject to agreement or consent from the vendor (applicable for gift items purchased). We have no further liability to you for defective Products upon replacement, repair or refund of the defective Products.
9.5 If you have any questions or complaints about any Product, please email our customer service team at contact@brektheice.com.
10.1 The price of the Product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, please see Clause 10.2 for what happens if we discover an error in the price of the Product you order.
10.2 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If the correct price of the Product at your order date is less than the price stated to you, we will charge the lower amount, but if it’s higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.3 You must pay for the Products before we dispatch or supply them.
10.4 If you think an invoice is wrong, please contact us promptly to let us know.
11.1 Subject to clause 11.2:
(a) all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
(b) we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
(c) our total liability to you for all losses arising from or in connection with the provision of the Products shall be limited to the total sums received by us for the Products.
11.2 Nothing in these terms will limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
When you register or otherwise use our Platform, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy which is accessible at https://brektheice.com/index.php/privacy-policy/. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
13.1 These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.
13.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
Last updated: 15th August 2023
Copyright © 2023 BrekTheIce. Brought to you by Xperience Creation Pte. Ltd. (UEN: 202106049Z)
Copyright © 2023 BrekTheIce. Brought to you by Xperience Creation Pte. Ltd. (UEN: 202106049Z)