Terms and Conditions
1 Introduction
1.1 This website, available at https://icepack.ai, is owned and operated by Icepack.
1.2 These terms and conditions (Terms) govern the use of the Website and the solution made available through the Website (Solution). The Solution is an automated optimisation engine which you (as a customer and user of the Website or Solution) use by submitting information in a required format through the Website.
1.3 By using the Website or the Solution, you are bound by these Terms. [The effect of this clause is that by using the Website or Solution it will be presumed that you have read and understood these Terms and that you agree to comply with them.]
1.4 Any communications to Icepack that are made in connection with these Terms must be sent to the Icepack email address set out in the Website’s Contact page. Icepack will send communications to you at the email address provided by you during registration. For delivery of legal process you must use Icepack’s physical address set out in the Website’s Contact page. Icepack will serve legal process on you at the physical address provided by you when registering to use the Website and Solution.
1.5 IMPORTANT NOTICE
Where the Consumer Protection Act, 2008 applies to you as a consumer, certain terms which limit your rights, make you liable, or require you to confirm facts are indicated in bold text to specifically draw your attention to these clauses. These clauses are important and should be read carefully and you should make sure that you fully understand what they mean.
2 Registration
To use the Solution you must register on the Website. All information required for registration must be fully and accurately supplied and updated by you when necessary to keep your information current. Icepack reserves to the right to deactivate your Website account if you supply any misleading, incomplete or inaccurate information. [The effect of the bolded words is that if Icepack may suspend or terminate your use of the Website or Solution and will not be responsible for any costs or harm you suffer if you provide Icepack with incorrect, misleading or incomplete information.]
3 Login Credentials
3.1 Access to your Website account and to the Solution will be through a username and password (Login Credentials) selected by you. You must keep your Login Credentials secret and only you may use them. If you allow another person to use your Login Credentials, Icepack will not be liable for any harm or loss you suffer. Icepack may also deactivate your account. [The effect of this clause is that if another person gets access to and uses your Login Credentials, Icepack will not be responsible to you for any harm or loss you suffer because it is your duty to keep your Login Credentials confidential.]
3.2 You may not use the Login Credentials of another user of the Solution.
3.3 Icepack will assume that any access to your account through your Login Credentials is by you. You must notify Icepack immediately if you become aware or reasonably suspect that another person has access to or has used your Login Credentials, and you must change your Login Credentials immediately. If someone else does use the Website or Solution with your Login Credentials, you must also take reasonable steps to reduce the chances and severity of any loss or harm being suffered by you as a result.
4 Configuration of your user interface
4.1 The Solution operates in conjunction with your user interface. To make use of the Solution your user interface must be configured to interface with the Solution’s systems. The Website contains comprehensive information as to what configuration is required from you to ensure that your user interface can inter-operate with the Solution.
4.2 If you configure your user interface incorrectly this may cause the output of the Solution to be inaccurate or incomplete. Icepack will not be liable to you if the output of the Solution is inaccurate or incomplete as a result of your user interface being configured incorrectly. [The effect of this clause is that if you do not configure your user interface correctly and as a result the output of the Solution is inaccurate or incomplete, Icepack will not be responsible for any harm suffered].
5 Using the Solution
5.1 To use the Solution you must submit information in a specific format on the Website. The Website gives you directions as to the required information and format when requesting use of and using the Solution. It is up to you to follow the directions provided accurately and in full. If you do not do so, this may cause the output of the Solution to be inaccurate or incomplete. Icepack will not be liable to you if the output of the Solution is inaccurate or incomplete as a result of your not following the directions provided by Icepack. [The effect of this clause is that if you do not follow Icepack’s instructions and as a result the output of the Solution is inaccurate or incomplete, Icepack will not be responsible for any harm suffered].
5.2 If you use the Website or Solution in a way that compromises the Solution or Icepack’s servers or the use by others of the Website or Solution, this will be regarded as misuse of the solution and Icepack may suspend your account pending investigation and resolution of the problem. If Icepack finds that your misuse of the Website or Solution was deliberate, Icepack may, in its sole and absolute discretion terminate your account. Any monies paid in advance will not be refunded and will instead be retained by Icepack as a penalty. [The effect of this clause is that if you misuse the Website or Solution, Icepack may terminate your account and you will not be able to use the Website or Solution. You will not be entitled to any refund even though you will not have access to the Website or Solution].
6 Payment for the Solution
6.1 You may have limited use of the Solution at no charge in Icepack’s sole and absolute discretion.
6.2 For use of the full Solution you must either purchase a monthly subscription or purchase credits to use the Solution on a pay-per-use basis. Full details of the subscription and credit offerings are available here.
6.3 Both subscriptions and credits must be purchased in advance and with the exception of the limited, discretionary free access referred to in clause 6.1, no access to the Solution will be allowed without payment in advance.
7 Cooling off period
In terms of section 44 of the Electronic Communications and Transactions Act, 2002 you are entitled to cancel, without any reason and without any penalty, your transaction, use and/or subscription for the Solution within 7 days after receiving full access to the Solution. This right to cancel does not, however, apply to use of the Solution which began with your consent before the end of the 7 day period. If this right to cancel applies to you and you decide to cancel—
(1) you will receive a full refund of the subscription or credits paid within 30 days of the date of cancellation;
(2) you will not use the Solution; and
(3) Icepack will consider your agreement cancelled.
7.2 Support
7.3 By purchasing access to the Solution, you have access to support through Icepack’s helpdesk at no charge for general enquiries such as the use of the Solution, configuration of your user interface and the submission of information so that you can use the Solution. Whilst Icepack will make reasonable efforts to provide the support during its normal business hours but, no representations are given about the support including, without limitation, the speed at which you will be assisted and whether or not Icepack’s support personnel will be able to assist you. [The effect of this clause is that if Icepack cannot assist you with your problem or cannot assist you on time, Icepack will not be responsible to you for any harm or loss that you may suffer].
7.4 The contact details for Icepack’s helpdesk are located here.
7.5 If you wish to obtain enhanced support, you can purchase a support plan through the Website. The details of Icepack’s support offerings are available here.
8 Intellectual property
8.1 The Icepack name and logo are the intellectual property of Icepack and may not be used in any way without obtaining Icepack’s prior written permission.
8.2 All intellectual property comprising the Website and the Solution belongs to Icepack or its licensors. You and your users acquire no rights in this intellectual property and may not assert any rights to it.
8.3 To configure your user interface to inter-operate with the Solution, certain source code of the Solution will be accessible by you. The sole purpose of giving you access is to enable you to integrate your user interface with the Solution. You may not use that source code for any other purpose.
8.4 The output of the Solution based on your use of it belongs to you and Icepack claims no rights in it, provided that Icepack may own and use the data contained in the output in de-identified form.
8.5 Any breach of this clause 8 will result in the immediate suspension or termination of your account in Icepack’s sole and absolute discretion. Any monies paid in advance will not be refunded and will instead be retained by Icepack as a penalty. [The effect of this clause is that if you do not comply with this clause 8, Icepack may terminate your account and you will not be able to use the Website or Solution. You will not be entitled to any refund even though you will not have access to the Website or Solution].
9 Confidentiality and transmission of information
9.1 When using the solution you will also provide other non-personal information to Icepack. Icepack will treat this information as confidential and take reasonable measures to prevent it being accessed by unauthorised persons.
9.2 The use of the internet to transmit information carries inherent risks over which Icepack has no control. You must therefore accept any risks of transmitting information through the Website. [The effect of this clause is that Icepack does not confirm that data transmitted will be secure and you will have no claim against Icepack, even if it is negligent].
10 Disclaimers
10.1 Icepack uses standard protection software against viruses and other harmful code but does not warrant that the Website is free from all harmful software, viruses, errors or other devices that have the ability to corrupt a user’s computer.
10.2 Icepack does not warrant that the Website is compatible with your computer equipment or software including your user interface.
10.3 The Website may contain links to other internet websites over which Icepack has no control. Some internet websites contain offensive, obscene, upsetting or otherwise objectionable material. Whilst Icepack does not intentionally link the Website to other internet websites containing such material, it is unable to ensure that they are free of it. You are advised to exercise caution when linking to other internet websites from the Website. Icepack is not liable for any losses or damages suffered by you or claims you may have arising from the content of other internet websites.
[The effect of this clause 10 is that Icepack does not confirm that: the Website and Solution are complete, accurate and available; your computer or electronic device will not get any viruses or harmful software from the Website and Solution; or that the Website and Solution are accessible from your computer or electronic device. You will have no claim against Icepack, even if Icepack is negligent.]
11 Breach
If you breach any provision of these Terms, Icepack reserves the right to terminate or suspend any relationship that exists between you and it, and / or prohibit access to the Website and Solution, and / or take the appropriate legal action to recover any loss it may have suffered.
12 Limitation of liability and indemnity
12.1 To the extent permitted by law, Icepack and its employees and directors will not be liable for, and you indemnify each of them against, any loss or damages, direct or consequential, including those connected to:
(1) your use of the Website or Solution;
(2) your inability to use the Website or the Solution;
(3) any operational failure of the Website;
(4) your incorrect configuration of your user interface;
(5) information submitted by you through the Website to use the Solution;
(6) unlawful activity on the Website or any linked third party internet websites;
(7) your reliance on any information or content provided on the Website;
(8) any virus or other harmful code downloaded from the Website by you;
(9) you uploading or transmitting any code including, without limitation a virus or other harmful code to the Website or the Solution; or
(10) breach of security through the Website.
12.2 Icepack is not liable to you for any consequential loss or damage.
12.3 To the extent permitted by law, any other claim you may have against Icepack is limited to the value of the month’s subscription or your per-per-use credits, as applicable, at the time of the event giving rise to your claim.
[The effect of this clause 13 is that you will not be entitled to make any claims against Icepack where you have suffered any loss or harm as a result of anything related to the list provided in this clause 13.]
13 Variation
Icepack may, in its sole and absolute discretion, change any of these Terms at any time. The current published version of the Terms always applies. It is your responsibility to regularly check these Terms on the Website for changes or updates and your use of the Website or Solution after changes to the Terms take effect is your acceptance of those changes.
14 Severance
Any illegal or unenforceable provision of these Terms may be severed and the remaining provisions of these Terms continue in force.