{"id":303,"date":"2023-08-25T09:19:09","date_gmt":"2023-08-25T09:19:09","guid":{"rendered":"https:\/\/brektheice.com\/?page_id=303"},"modified":"2024-06-19T08:10:30","modified_gmt":"2024-06-19T08:10:30","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/brektheice.com\/index.php\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"\t\t
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TERMS OF USE<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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1. THESE TERMS<\/b><\/h4>\n1.1<\/span> These terms of use govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our online social media accounts, our notifications and any information or content appearing therein (collectively our \u201c<\/span>Platform<\/b>\u201d).<\/span>\n\n1.2<\/span> By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor.\u00a0 If you are using our Platform as a representative or an entity, you are agreeing to these terms on behalf of that entity.\u00a0<\/span>\n\n1.3\u00a0<\/span>By using our Platform, you represent, acknowledge and agree that you are at least 18 years of age or, if you are under 18 years of age (a \u201c<\/span>Minor<\/b>\u201d), that you are using the Platform with the consent of your parent or legal guardian and that you have received your parent\u2019s or legal guardian\u2019s permission to use the Platform and agree to these Terms of Use. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms of Use and to hold us harmless if the Minor breaches any of these Terms of Use.<\/span>\u00a0<\/span>\n\n1.4<\/span> You should also read our Privacy Policy which sets out how we collect and use your personal information; Appendix A: Acceptable Use Policy; and Appendix B: Terms and Conditions for Online Sale of Products, which <\/span>sets out the terms by which we sell our products to customers online.<\/span>\n\n\u00a0<\/span>\n

2.<\/b> ABOUT US AND HOW TO CONTACT US<\/b><\/h4>\n2.1<\/span> We are Xperience Creation Pte. Ltd., a company registered in Singapore, trading as BrekTheIce.\u00a0 Our Unique Entity Number is 202106049Z and our registered office is at 8 Burn Road #08-10 Trivex, Singapore 369977.<\/span>\n\n2.2<\/span> For any questions or problems relating to our Platform, our products or services, or these terms, you can contact our customer service team via email at <\/span>contact@brektheice.com<\/span><\/a> or write to us at 8 Burn Road #08-10 Trivex, Singapore 369977.\u00a0<\/span>\n\n2.3<\/span> Please refer to our Privacy Policy which is available at https:\/\/brektheice.com\/index.php\/privacy-policy\/ for information about what personal data we collect and what we do with it.\u00a0 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.\u00a0\u00a0<\/span>\n\n2.4 <\/span> If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.\u00a0<\/span>\n\n2.5<\/span> When we use the words \u201cwriting\u201d or \u201cwritten\u201d in these terms, this includes emails.\u00a0<\/span>\n\n\u00a0<\/span>\n

3. <\/b> CHANGES OF TERMS\u00a0<\/b><\/h4>\nWe may amend these terms from time to time by posting the updated terms on our Platform.\u00a0 If we make material changes, we will notify you of the changes before they become effective.\u00a0 By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

4.<\/b> AVAILABILITY OF OUR SERVICES<\/b><\/h4>\n4.1<\/span> We are constantly changing and improving our Platform and the products or services we provide.\u00a0 We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.\u00a0 If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.\u00a0\u00a0<\/span>\n\n4.2<\/span> We may release products, services, functionalities or features that we are still testing and evaluating.\u00a0 We will label such services as \u201cbeta\u201d, \u201cpreview\u201d, \u201cearly access\u201d or \u201ctrial\u201d or any words or phrases with similar meanings.\u00a0 You understand that these beta services are not as reliable as other products or services we offer.\u00a0\u00a0<\/span>\n\n4.3 <\/span> We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.\u00a0<\/span>\n\n4.4<\/span> We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous.\u00a0 Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.\u00a0<\/span>\n\n4.5<\/span> You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform.\u00a0 We do not guarantee that our Platform will be free from bugs or viruses.\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

5. <\/b> YOUR ACCOUNT AND PASSWORD<\/b><\/h4>\n5.1<\/span> In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself.\u00a0 You should choose a strong and secure password.\u00a0 You must keep your password secure and confidential.\u00a0<\/span>\n\n5.2<\/span> You agree not to share your account credentials or give others access to your account.\u00a0 If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.\u00a0\u00a0\u00a0<\/span>\n\n5.3<\/span> We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.\u00a0\u00a0\u00a0<\/span>\n\n5.4<\/span> You agree to follow and accept our Acceptable Use Policy as set out under Appendix A, and the Terms and Conditions for Online Sale of Products as set out under Appendix B, which can be found at the end of these terms.\u00a0\u00a0\u00a0\u00a0<\/span>\n\n5.5<\/span> You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.\u00a0<\/span>\n\n\u00a0<\/span>\n

6. <\/b> USE OF THE PLATFORM<\/b><\/h4>\n6.1<\/span> You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.\u00a0\u00a0\u00a0<\/span>\n\n6.2<\/span> We give you a personal worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer.\u00a0 This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as<\/span> provided by us and in the manner<\/span><\/i> as permitted by these terms.\u00a0\u00a0<\/span>\n\n6.3<\/span> This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.\u00a0\u00a0\u00a0<\/span>\n\n6.4\u00a0<\/span>Access and use of applications and services on our Platform that are exclusive to \u201cPremium Account\u201d users are subject to payment of applicable fees.\u00a0\u00a0\u00a0<\/span>\n\n6.5<\/span> You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.\u00a0<\/span>\n\n\u00a0<\/span>\n

7. <\/b> YOUR RIGHTS<\/b><\/h4>\n7.1<\/span> You retain your rights to any information or content you submit, post or display on or through the Platform (\u201c<\/span>Your Content<\/b>\u201d).\u00a0 By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub-license) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.\u00a0\u00a0<\/span>\n\n7.2<\/span> You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties.\u00a0 We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.\u00a0\u00a0<\/span>\n\n7.3<\/span> You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.\u00a0<\/span>\n\n7.4<\/span> If you believe your intellectual property rights have been infringed, please contact our customer service team via email at <\/span>contact@brektheice.com<\/span><\/a> or write to us at 8 Burn Road #08-10 Trivex, Singapore 369977.<\/span>\n\n\u00a0<\/span>\n

8.<\/b> OUR RIGHTS<\/b><\/h4>\n8.1<\/span> All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us.\u00a0 All rights under applicable laws are hereby reserved.\u00a0 You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.\u00a0\u00a0<\/span>\n\n8.2<\/span> We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform.\u00a0 We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties.\u00a0 We do not endorse or support any views expressed by any users on our Platform.\u00a0\u00a0<\/span>\n\n8.3<\/span> Our name \u201cBrekTheIce\u201d and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

9. <\/b> INTEGRATIONS<\/b><\/h4>\n9.1<\/span> We integrate with third-party software to provide a full suite of functionalities to our users.\u00a0 We are not responsible for any issues or loss arising from the use of any third-party software.\u00a0 Your access and use of the third-party software is governed by the terms of service or user agreements of that software.\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

10.<\/b> FEEDBACK<\/b><\/h4>\n10.1<\/span> We value and welcome feedback on our Platform.\u00a0 You agree that we are free to use, disclose, adopt and\/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.\u00a0\u00a0<\/span>\n\n10.2<\/span> You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and\/or modification of any of your feedback.\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

11.<\/b> LIMITATION ON LIABILITIES<\/b><\/h4>\n11.1<\/span> Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.\u00a0\u00a0<\/span>\n\n11.2<\/span> To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representative, partners and licensors (collectively, \u201c<\/span>Our Entities<\/b>\u201d)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:\u00a0<\/span>\n\n(a) <\/span> we provide the Platform and any products or services we offer on an \u201cas is\u201d an \u201cas available\u201d basis, and your access to or use of our Platform is at your own risk;\u00a0<\/span>\n\n(b) <\/span> we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;<\/span>\n\n(c) <\/span> we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;<\/span>\n\n(d) <\/span> we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);\u00a0<\/span>\n\n(e) <\/span>we are no responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and\u00a0<\/span>\n\n(f) <\/span> we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).\u00a0\u00a0<\/span>\n\n11.3<\/span> To the fullest extent permitted by law, Our Entities are not liable to you or others for:\u00a0<\/span>\n\n(a) <\/span> any indirect, incidental, special, exemplary, consequential or punitive damages; or\u00a0<\/span>\n\n(b) <\/span> any loss of data, business, opportunities, reputation, profits or revenues,\u00a0<\/span>\n\n(c) <\/span> relating to the use of our Platform or any products or services we offer.\u00a0\u00a0\u00a0<\/span>\n\n11.4<\/span> We do not exclude or limit our liability to you where it would be illegal to do so.\u00a0 This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.\u00a0\u00a0<\/span>\n\n11.5<\/span> If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer.\u00a0 In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.\u00a0\u00a0<\/span>\n\n11.6\u00a0<\/span>Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.\u00a0<\/span>\n\n\u00a0<\/span>\n

12. <\/b> YOUR REPRESENTATION<\/b><\/h4>\n12.1<\/span> If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy, Terms and Conditions for Online Sale of Products, and other documents referred to herein) on behalf of that entity.\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

13.<\/b> INDEMNITY<\/b><\/h4>\n13.1<\/span> You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and\/or (iii) any misrepresentation made by you.\u00a0<\/span>\n\n13.2<\/span> You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.\u00a0<\/span>\n\n\u00a0<\/span>\n

14.<\/b> TERMINATION<\/b><\/h4>\n14.1<\/span> These terms will continue to apply until terminated by either you or us as follows:\u00a0<\/span>\n\n14.2<\/span> You may stop using the Platform any time by deactivating or deleting your account.\u00a0<\/span>\n\n14.3<\/span> We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:\u00a0<\/span>\n\n(a) <\/span> you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);<\/span>\n\n(b) <\/span> you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;<\/span>\n\n(c) <\/span>we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or\u00a0<\/span>\n\n(d) <\/span> our provision of the Platform to you is no longer possible or commercially viable.\u00a0<\/span>\n\nIn any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.\u00a0\u00a0<\/span>\n\n14.4<\/span> Upon termination of your access, these terms will also terminate except for Clause 11 to 19.\u00a0\u00a0<\/span>\n\n14.5<\/span> Where we consider necessary or appropriate, we will report any breach of these terms (including the Acceptable Use Policy; and Terms and Conditions for Online Sale of Products) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.\u00a0\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

15.<\/b> ENTIRE AGREEMENT\u00a0<\/b><\/h4>\n15.1<\/span> These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform.\u00a0 These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.\u00a0\u00a0\u00a0\u00a0<\/span>\n\n15.2<\/span> 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.\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

16. <\/b> OTHER IMPORTANT TERMS<\/b><\/h4>\n16.1<\/span> We may transfer our rights and obligations under these terms to another organization.\u00a0 We will contact you to let you know if we plan to do this.\u00a0 If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.\u00a0\u00a0\u00a0<\/span>\n\n16.2<\/span> You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.\u00a0\u00a0<\/span>\n\n16.3<\/span> If a court finds part of this contract illegal, the rest will continue in force.\u00a0 Each of the paragraphs of these terms operates separately.\u00a0 If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.\u00a0\u00a0\u00a0<\/span>\n\n16.4<\/span> Even if we delay in enforcing this contract, we can still enforce it later.\u00a0 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.\u00a0 For example, if you miss a payment and we do not chase you but we continue to provide the products or services, we can still require you to make the payment at a later date.\u00a0\u00a0\u00a0<\/span>\n\n\u00a0<\/span>\n

17.<\/b> CONTACT\u00a0<\/b><\/h4>\nIf you have any questions about these terms, or the Acceptable Use Policy or the Terms and Conditions for Online Sale of Product, please contact us via email at <\/span>contact@brektheice.com<\/span><\/a>.\u00a0<\/span>\n\n\u00a0<\/span>\n

18. <\/b> GOVERNING LAW AND DISPUTE RESOLUTION\u00a0<\/b><\/h4>\n18.1<\/span> These terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore.\u00a0<\/span>\n\n18.2<\/span> Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.\u00a0 If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.\u00a0 You can submit a complaint to Singapore Mediation Centre (SMC) via their website at <\/span>https:\/\/www.mediation.com.sg<\/span><\/a>.\u00a0 Singapore Mediation Centre (SMC) will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.\u00a0If you are in the market for clothes<\/a>, our platform is your best choice! The largest shopping mall!\u00a0<\/span>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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ACCEPTABLE USE POLICY\n<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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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: <\/span><\/p>\n

(a) <\/span> use our Platform for unlawful or unauthorized purposes;<\/span><\/p>\n

(b) <\/span> re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;<\/span><\/p>\n

(c) <\/span> probe, scan, or test the vulnerability of any system or network;<\/span><\/p>\n

(d) <\/span> breach or otherwise circumvent any security or authentication measures or service use limits;<\/span><\/p>\n

(e) <\/span>access, tamper with, or use non-public areas or parts of the Platform;<\/span><\/p>\n

(f) <\/span> 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;<\/span><\/p>\n

(g) <\/span> 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;<\/span><\/p>\n

(h) <\/span> access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, \u201cscraping\u201d or creating accounts in bulk) or attempt to do so;<\/span><\/p>\n

(i) <\/span> send unsolicited communications, promotions or advertisements, or spam;<\/span><\/p>\n

(j) <\/span> forge any TCP\/IP packet header or any part of the header information in any email;<\/span><\/p>\n

(k) <\/span> send altered, deceptive, or false source-identifying information, including \u201cspoofing\u201d or \u201cphishing\u201d;<\/span><\/p>\n

(l) <\/span> conduct surveys, contest, or pyramid schemes, or promote or advertise products or services without appropriate authorization;<\/span><\/p>\n

(m) <\/span> abuse referrals or promotions;<\/span><\/p>\n

(n) <\/span> 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;<\/span><\/p>\n

(o) <\/span> violate the letter or spirit of our terms of use;<\/span><\/p>\n

(p) <\/span> violate applicable laws or regulations in any way; or <\/span><\/p>\n

(q) <\/span> violate the privacy or infringe the rights of others. <\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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APPENDIX B:<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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TERMS AND CONDITIONS FOR ONLINE SALE OF PRODUCTS<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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1.<\/b> These terms<\/b><\/h4>\n

1.1<\/span> These are the terms and conditions on which we provide online services known as \u201ce-Greeting\u201d and \u201cBrek-The-Ice\u201d (BTI) and supply gift items for use in our services (collectively, \u201c<\/span>Products<\/b>\u201d) to you through our Platform.  <\/span><\/p>\n

1.2<\/span> 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. <\/span><\/p>\n

1.3<\/span> 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.      <\/span><\/p>\n

1.4 These terms and conditions shall be read in conjunction with BrekTheIce\u2019s Terms of Use.  In the event of any inconsistency, these terms and conditions shall prevail insofar as they apply to online sale of products.<\/span><\/p>\n


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2.<\/b> Our contract with you<\/b><\/h4>\n

2.1<\/span> 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.  <\/span><\/p>\n

2.2 <\/span> 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: <\/span><\/p>\n

(a) <\/span> the Product ordered is out of stock;<\/span><\/p>\n

(b) <\/span> there are unexpected limits on our resources which we could not reasonably plan for; or<\/span><\/p>\n

(c) <\/span>we have identified an error in the price or description of the Product. <\/span><\/p>\n

2.3<\/span> We will assign an order number to each order.  Please tell us the order number whenever you contact us about your order. <\/span><\/p>\n


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3.<\/b> Our products<\/b><\/h4>\n

3.1<\/span> 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\u2019s display of the colours accurately reflects the colour of the Products.  Products that you purchase may vary slightly from those images. <\/span><\/p>\n

3.2<\/span> The packaging of the Products may vary from that shown in images on our Platform.  <\/span><\/p>\n

3.3<\/span> 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.<\/span><\/p>\n


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4.<\/b> Your rights to make changes<\/b><\/h4>\n

4.1<\/span> 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 \u2013 Your rights to end the contract).  <\/span><\/p>\n


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5.<\/b> Changes to our products or these terms <\/b><\/h4>\n

5.1<\/span> We may make minor changes to the Product from time to time in order to: <\/span><\/p>\n

(a) <\/span> reflect changes in relevant laws and regulatory requirements; and <\/span><\/p>\n

(b) <\/span> implement minor technical adjustments and improvements, for example to address a security threat.  These changes will not affect your use of the Product. <\/span><\/p>\n

5.2<\/span> 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. <\/span><\/p>\n


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6. <\/b> Providing the Products  <\/b><\/h4>\n

6.1 <\/span> The gift items for sale on the Platform are for exclusive redemption by the intended gift recipient pursuant to our \u201cBrek-The-Ice\u201d (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.  <\/span><\/p>\n

6.2 <\/span> 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 \u201cBrek-The-Ice\u201d offer as specified in the order.<\/span><\/p>\n

6.3<\/span> 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.<\/span><\/p>\n

6.4 <\/span> 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.      <\/span><\/p>\n

6.5 <\/span>For subscription of \u201cPremium Account\u201d, 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. <\/span><\/p>\n

6.6<\/span> 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.  <\/span><\/p>\n

6.7 <\/span> You own a Product once we have received payment in full. <\/span><\/p>\n

6.8<\/span> 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.   <\/span><\/p>\n

6.9<\/span> We may have to suspend the supply of a Product to: <\/span><\/p>\n

(a) <\/span> deal with technical problems or make minor technical changes;<\/span><\/p>\n

(b) <\/span> update the Product to reflect changes in relevant laws and regulatory requirements; or <\/span><\/p>\n

(c) <\/span>make changes to the Product as requested by you or notified by us to you (see Clause 5). <\/span><\/p>\n

6.10<\/span> 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.  <\/span><\/p>\n

6.11<\/span> 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.   <\/span><\/p>\n


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7.<\/b> Your rights to end the contract <\/b><\/h4>\n

7.1<\/span> 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.  <\/span><\/p>\n

(a) <\/span> 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;<\/span><\/p>\n

(b) <\/span> 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;<\/span><\/p>\n

(c) <\/span>In all other cases, see Clause 7.4.<\/span><\/p>\n

7.2<\/span> 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:      <\/span><\/p>\n

(a) <\/span> we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 5.2);<\/span><\/p>\n

(b) <\/span> 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;<\/span><\/p>\n

(c) <\/span>you have a legal right to end the contract because of something we have done wrong; or <\/span><\/p>\n

(d) <\/span> 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.   <\/span><\/p>\n

7.3<\/span> 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.      <\/span><\/p>\n

7.4 <\/span> To end the contract with us, please email our customer service at <\/span>contact@brektheice.com<\/span><\/a>. <\/span><\/p>\n


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8.<\/b> Our rights to end the contract <\/b><\/h4>\n

8.1<\/span> We may end the contract for a Product at any time by writing to you if: <\/span><\/p>\n

(a) <\/span> 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;<\/span><\/p>\n

(b) <\/span> you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or <\/span><\/p>\n

(c) <\/span>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.   <\/span><\/p>\n


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9.<\/b> Product defects <\/b><\/h4>\n

9.1<\/span> We warrant that on delivery, the Products will: <\/span><\/p>\n

(a) <\/span> be of merchantable or satisfactory quality;<\/span><\/p>\n

(b) <\/span> be fit for purpose held out by us;<\/span><\/p>\n

(c) <\/span>be free from material defects in design, material and workmanship; and <\/span><\/p>\n

(d) <\/span>conform with their description given on our Platform in all material aspects.  <\/span><\/p>\n

9.2<\/span> Any warranty given by us under this clause does not apply to any defect in the Products arising from: <\/span><\/p>\n

(a) <\/span> fair wear and tear;<\/span><\/p>\n

(b) <\/span> willful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;<\/span><\/p>\n

(c) <\/span>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;<\/span><\/p>\n

(d) <\/span>any alteration or repair by you or by a third party; or <\/span><\/p>\n

(e) <\/span>us following any of your specification or requests. <\/span><\/p>\n

9.3<\/span> If you become aware of any defect in all or part of the Products delivered, you must:<\/span><\/p>\n

(a) <\/span> give notice in writing to us as soon as practicable; and <\/span><\/p>\n

(b) <\/span> return the allegedly defective Products to us by posting the Products to us. <\/span><\/p>\n

9.4 <\/span> 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.     <\/span><\/p>\n

9.5<\/span> If you have any questions or complaints about any Product, please email our customer service team at <\/span>contact@brektheice.com<\/span><\/a>. <\/span><\/p>\n


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10. <\/b> Price and payment <\/b><\/h4>\n

10.1<\/span> 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. <\/span><\/p>\n

10.2<\/span> 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\u2019s higher than the price stated to you, we will contact you for your instructions before we accept your order.  <\/span><\/p>\n

10.3<\/span> You must pay for the Products before we dispatch or supply them.    <\/span><\/p>\n

10.4<\/span> If you think an invoice is wrong, please contact us promptly to let us know. <\/span><\/p>\n


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11.<\/b> Our responsibility for loss or damage suffered by you<\/b><\/h4>\n

11.1<\/span> Subject to clause 11.2: <\/span><\/p>\n

(a) <\/span> 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;<\/span><\/p>\n

(b) <\/span> 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 <\/span><\/p>\n

(c) <\/span>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.  <\/span><\/p>\n

11.2<\/span> Nothing in these terms will limit or exclude our liability for: <\/span><\/p>\n

(a) <\/span> death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable); <\/span><\/p>\n

(b) <\/span> fraud or fraudulent misrepresentation; or <\/span><\/p>\n

(c)<\/span> any matter in respect of which it would be unlawful for us to exclude or restrict liability.   <\/span><\/p>\n


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12.<\/b> Use of your personal information <\/b><\/h4>\n

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.     <\/span><\/p>\n


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13.<\/b> Entire agreement <\/b><\/h4>\n

13.1<\/span> 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.    <\/span><\/p>\n

13.2<\/span> 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.      <\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Copyright \u00a9 2023 BrekTheIce.\u00a0 Brought to you by Xperience Creation Pte. Ltd. (UEN: 202106049Z)<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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Terms of Use<\/a><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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Copyright \u00a9 2023 BrekTheIce.\u00a0 Brought to you by Xperience Creation Pte. Ltd. (UEN: 202106049Z)<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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TERMS OF USE 1. THESE TERMS 1.1 These terms of use govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our online social media accounts, our notifications and any information or content appearing therein (collectively our \u201cPlatform\u201d). 1.2 By using our Platform, you agree to these […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_canvas","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-303","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/pages\/303","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/comments?post=303"}],"version-history":[{"count":3,"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/pages\/303\/revisions"}],"predecessor-version":[{"id":609,"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/pages\/303\/revisions\/609"}],"wp:attachment":[{"href":"https:\/\/brektheice.com\/index.php\/wp-json\/wp\/v2\/media?parent=303"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}