Terms of service

Welcome, we distribute innovative inflatable ice tub products and we are dedicated to providing expense tracking and bill cash flow prediction tools. If you access or use our services, you agree to these Terms and Conditions (Terms), which are designed to ensure a secure, transparent, and respectful environment for all users. Our services are provided through our platform which consists of our app and our website (“Platform”).

You may also want to view our website at www.icefusion.com.au or our other policies:

• Privacy Policy [Link]
• Data Security Policy [Link]

Safe Use

Our ice tub products (“Goods”) have been designed and manufactured to meet Australian safety standards. However, to ensure safe and proper use, please read and adhere to the following guidelines:

Caution

Safe use of the ice tub requires that

you unplug the device prior to entering the ice tub.

• Electrical Safety: Always keep electrical components away from water. Install and use the product in accordance with local electrical codes. Never handle electrical equipment with wet hands or while in the water.
• Safety Concerns: If you have any questions or concerns about electrical and safety issues, we strongly recommend that you do not use the product until you seek the advice of a qualified electrician or contact the supplier.
• Manufacturer’s Guidelines: Ensure the ice tub and electrical chiller are installed in accordance with the manufacturer’s guidelines.
• Water Safety: Exercise caution to prevent slips and falls around the ice tub area. Clean up water spills promptly. Regularly inspect for leaks and address them immediately to prevent water damage or inundation.
• Proper Use: This product is intended for cold plunging and any other use may be dangerous and is not recommended. Do not climb on or misuse the ice tub product.
• Safe Temperature: Do not exceed recommended temperature and time limits as specified by the manufacturer.
• Water Levels: Always ensure that the water level is within the recommended range. Do not overfill or underfill the tub which may damage the pump or cause flooding.
• Water Quality: Use the equipment only for its intended purpose as an ice tub. Avoid using salts, oils, or any additives unless specifically allowed by the manufacturer.
• Adult Supervision: Users must be 18 years of age or older, or have supervision by an adult who agrees to these terms.
• Physician’s Advice: Consult a physician before using the ice tub if you have heart disease, high blood pressure, respiratory issues, or any other medical conditions that could be adversely affected by extreme cold.
• Drugs and Alcohol: Do not use the ice tub while under the influence of alcohol, drugs, or medications that impair judgement or motor skills.
• Location: Place the ice tub on a level, stable, non-slip surface away from edges, drops, or balcony railings and in an area clear of obstructions and debris. Ensure proper clearance on all sides.
• Pool Fencing: Ensure your ice tub installation complies with local pool fencing requirements to prevent unauthorised access and potential accidents. Covers should always be refitted and locked when the ice tub is not in use.
• Supervision: Never leave children or individuals requiring assistance unattended around the ice tub.
• Maintenance: Follow all manufacturer-provided maintenance instructions to keep your ice tub in safe working condition. Regularly inspect the equipment for any signs of wear, damage, or malfunction.Immediately cease use and contact the manufacturer or a professional technician if any defects are found.
• Recalls: Stay informed about any product recalls by registering your product and regularly checking for safety notifications.

By using this product, you acknowledge these risks and agree to use the ice tub responsibly. We disclaim liability for any injuries or damages that result from improper use, misuse, or failure to follow these safety guidelines.

For complete safety information, please refer to the full user manual provided with your product.

1. Acceptance of Terms

1.1. Implied Terms

These terms and conditions (“Terms”) plus any implied terms which by law cannot be excluded are the whole agreement between you and Us.

1.2. Other Terms

No other contractual terms set out in a purchase order or otherwise constitute a counteroffer.

1.3. Excluded Terms

If you place an order or make a deposit for the supply of all or a portion of Goods or any services we have advertised, those Goods are considered to have been supplied under these Terms, and you will be deemed to have accepted these Terms and they will apply to the exclusion of all other written agreements with us.

1.4. Acceptance

You acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications.

2. Core Values and Commitments

2.1. Privacy and Data Protection

We are committed to protecting the privacy and security of your personal information. Our Platform uses advanced encryption, secure data storage, and access management technologies to protect your data against unauthorised access and breaches.

2.2. Transparency and Communication

We believe in clear and open communication with our users. Any changes to our policies and practices will be transparently communicated to ensure information about how your records are stored and used is always available.

2.3. Ethical Standards

Our goal is to ensure our operations are guided by high ethical standards that genuinely respect and protect user privacy, data handling integrity, and a commitment to the confidentiality and security of user information.

2.4. Client Confidentiality

Our commitment is to treat all user information with the utmost discretion and confidentiality, and that is why our Platform adheres to stringent legal and ethical obligations that are framed to protect your confidentiality at all times.

2.5 Continuous Improvement

We are dedicated to continuously improving our Platform through technological enhancements and feedback from our community.

2.6 Security Challenges

New security challenges continue to evolve and we recognise the vital importance of regular updates to our security measures and practices so we can combat these emerging threats and vulnerabilities.

3. Our Services

Our ability to provide our Goods and Services is heavily dependent on the accuracy and completeness of the information you provide to us or authorise us to ingest on your behalf.

4. Payment

4.1. Deposit

A minimum 50% deposit is payable upon acceptance of a quote with the balance of the payment due prior to the Goods being dispatched.

4.2. Full Payment

Full payment for your Goods you ordered must be received prior to your delivery being booked.

4.3. Ownership

Ownership remains with us until full payment is received.

4.4. Risk

The risk in any Goods we supply passes to you upon delivery.

4.5. Payment Methods

We facilitate payment using the following payment options: internet banking, debit card, EFTPOS, AfterPay, bank deposit, credit card, (Visa & Mastercard) are accepted.

4.6. Surcharges

Credit Card payments are subject to a 1.5% credit charge surcharge.

4.7. Retained Rights

If we don’t receive the balance of payment for any ordered Goods, we may:

4.7.1. suspend or discontinue supply of the Goods to you;

4.7.2. cancel your account with us;

4.7.3. charge you a weekly storage fee if we are required to hold your stock longer than four weeks beyond your initial delivery date with the price of the storage fee being based on the value of the product being stored, and we will recoup our costs based on the prevailing market rates.

4.8. Set-off

We reserve the right to deduct from any amounts due or payable to you under any agreement between us and this right of set-off will be without prejudice to any other rights or remedies available to us under these Terms or by law.

4.9. Enforcement

You are liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by us for enforcement of obligations and recovery of monies due from you to us.

4.10. Default

Despite anything to the contrary in these Terms, all outstanding sums you owe us will be immediately due and payable if you make default in paying any sums due to us, you become bankrupt or commit any act of bankruptcy, or have judgement entered against you in any court.

5. Quotes

5.1. Existing Orders

While prices fluctuate and we reserve the right, acting reasonably, to increase our prices, once we accept your order, you will only be required to pay the price that was applicable at the time your order was accepted.

5.2. Quote Duration

A quotation does not constitute an offer and will only remain valid for 14 days from the date of the quotation and we may vary the price in a quote without prior notice at any time before you accept the relevant quote.

5.3. Specification Accuracy

5.3.1. You are responsible for ensuring the accuracy of all specifications, details, sizes and quantities which form the basis of a quotation.

5.3.2. We do not accept any responsibility for any errors in such specifications, details, sizes, and quantities as our obligation is limited to fulfilling the order based on the information you provided.

5.4. Refunds

Deposits on items that are part of our core range are refundable if you inform us prior to the Goods being dispatched from our warehouse.

5.5. Custom Orders

5.5.1. If you request a custom or special orders, such orders require a non-refundable deposit of 50%.

5.5.2. For the sake of certainty, if a custom or special order is cancelled, we will retain the deposit in full to cover any costs we may incur when attempting to resell the item including, but not limited to, shipping, handling, storage, and costs.

5.6. Electronic Signature.

Documents requiring signature may be signed in electronic form and the agreed terms are binding from the time a person affixes a signature on your behalf.

5.7. Price Exclusions

Prices in quotations don’t (unless specified) include:

5.7.1. any statutory tax, including any GST, duty or impost levied in respect of the Goods and not allowed for by us in calculating the price; or

5.7.2. costs and charges in relation to insurance, packing (other than our standard packing), crating, delivery (whether by road, rail, ship or air) and export of the Goods.

5.8. Other Price Issues

You must pay any variations in the invoice sales order confirmation or contract price that results from:

5.8.1. significant currency fluctuations;

5.8.2. any price adjustments caused by your specific delivery requirements for the Goods.

5.9. Regulatory Changes

These Terms will not be affected by any impositions or alterations of customs duties or by decisions of the Customs Department with regard to either classification or value of duty or landing charges and any and all such impositions will be payable by you.

6. Delivery

6.1. Pickups

Melbourne-based customers can collect their ice tub free of delivery charge from the dispatch warehouses, but please contact us first to confirm stock levels at your nearest warehouse.

6.2. Delivery Times

Typically delivery times Australia wide are between 24 hours and 2 weeks depending on location.

6.3. Insurance

You can have peace of mind, as we have insurance cover while the Goods are being freighted to you.

6.4. Delivery Delays

We will not be liable for supply or delivery delays as our quoted supply or delivery times and merely estimates.

6.5. Order Discretion

We may refuse to supply any order in our absolute discretion (except where these Terms constitute a small business contract for the purposes of the Australian Consumer Law (‘Small Business Contract’) and we may make acceptance of an order conditional upon you receiving a satisfactory credit assessment.

6.6. Freight Charges

The freight charges and methods outlined in any quote or sales order are indicative only for a ‘standard’ delivery, based on details supplied at time of initial sale.

6.7. Altered Delivery Instructions

If you alter the delivery times or location, then you:

6.7.1. will be liable for any additional cost, charge and expense incurred by us in complying with your direction;

6.7.2. must pay for the whole of the invoiced value of the Goods and any additional costs due to those changed delivery instructions.

6.8. Delivery Acceptance

You are deemed to accept delivery of the Goods where they are either delivered to your premises or when we notify you that the Goods are available for collection.

6.9. Delivery Issues

6.9.1. If a delivery fails because we were provided with inaccurate site access information, a redelivery fee may be charged at our discretion to cover warehousing costs and additional delivery charges.

6.9.2. This includes unexpected changes to access/delivery pathways, incorrect/partial access information provided by the customer and changes to ground conditions.

6.10. Delivery Cancellation

We reserve the right to pass on the additional cost of any third party delivery rebooking charges and our restocking costs (up to the amount of the total delivery fee) that are the result of you changing your delivery instructions within two business days of the booked delivery date.

6.11. Storage

If you are unable or fail to accept delivery of the Goods, we may deliver them to a place of storage nominated by you and, failing such nomination, to a place we determine.

Such action will be deemed to constitute adequate delivery to you and you will be liable for all cost, charge and expense incurred by us on account of storage, detention, double cartage, and delivery or other similar expenses.

6.12. Payment Obligations

You agree that you will be obliged to and will pay for the Goods on the due date even if circumstances cause that delivery to be made after the agreed delivery date, and whether it may not have been possible to deliver the Goods to your preferred location.

7. Force Majeure

7.1. No Liability

Neither party is liable for any failure to perform its obligations under these Terms due to a Force Majeure Event. The affected party must notify the other party as soon as practicable and take reasonable steps to mitigate the effect of the Force Majeure Event.

7.2. Order Suspension by Us

We may suspend or cancel an order if we are required by law or to comply with a regulatory or emergency services order, or the provision or delivery of the Goods is affected by a Force Majeure Event, required repairs or maintenance, or third-party supplier network unavailability.

7.3. Definition

A Force Majeure Events is defined as an act of god or to any event that is beyond the our reasonable control (including, but not limited to, any: delay in obtaining any statutory authority approval; strike; lockout; civil commotion; war; terrorism; threat of terrorism; epidemic; fire; explosion; storm; earthquake; failure of plant; compliance with government authority; inability to obtain suitable materials; components; labour; power failure; delay in delivery or shipment on the part of a manufacturer or supplier of any equipment; or any stock shortage).

8. User Responsibilities

You must be at least 18 years of age and possess the legal capacity to agree to these Terms of use.

8.1. User Accounts

User accounts should only be used to obtain general advice and information.

8.2. Account Security

You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. Please notify us immediately if you detect any unauthorised use of your account.

8.3. Accurate Information

You agree to provide true, accurate, current, and complete information when registering to use the Platform and establishing an account (“Registration Information”).

8.4. Updating Information

You agree to maintain and promptly update the Registration Information to keep it true, accurate, current, and complete as is your responsibility to ensure the quality and suitability of any information that you provide or authorise us to collect on your behalf.

8.5. Acceptable Use

Our Platform must only be used for lawful and ethical purposes. You must not use the Platform to engage in any activity that would violate the rights of others or that would be harmful to others, our operations, or our reputation.

8.6. Prohibited Use

You agree that you will not:

8.6.1. Use this Platform for any purpose in violation of local, state, national, or international laws.

8.6.2. Use this Platform as a means to distribute advertising or other unsolicited material to any third party.

8.6.3. Use this Platform to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.

8.6.4. Attempt to disable, “hack,” or otherwise interfere with the proper functioning of this Platform.

8.6.5. Violate or attempt to violate the security of the Platform, including, without limitation to:

access data not intended for Platform users or logging onto a server or an account which Platform users are not authorised to access;

attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or

access or use the Platform or any portion of it without authorisation, in violation of these Terms of Use or in violation of applicable law.

8.6.6 Use any scraper, crawler, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

8.6.7. Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform.

8.7. Protected Areas

Access to some sections of the Platform is limited and requires the use of a user ID and password (“Protected Areas”), you agree to only access Protected Areas using your user ID and password.

8.8. Maintaining Security

You also agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party.

You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by us at any time with or without cause.

9. Data Collection, Use, and Sharing

We collect the information that you provide directly to us, such as your name, email address, and financial information, as well as information about your use of our Platform, including but not limited to usage data patterns and your personal preferences.

9.1. How We Use Your Information

Your information is then used to provide, maintain, and improve our services, to communicate with you about our services and offers, and to comply with our legal and regulatory obligations.

9.2. Sharing Your Information

Rest assured, none of your personal information will be shared with third parties without your consent, except where such sharing is necessary to provide our services, comply with the law, or protect the rights and safety of our users and the public.

10. Intellectual Property

All of our original content, features, and functionality are and will remain the exclusive property of us and our licensors. Our Platform and its content are protected by copyright, trademark, and other laws in both Australia and foreign countries.

11. AI Tools

11.1. User Risks

Your use of any third party Artificial Intelligence (“AI”) tools that are provided or can be accessed as part of our Services is at your own risk and you acknowledge and fully accept that:

11.1.1. AI models may generate unexpected, inaccurate, or even offensive content, despite our best efforts to mitigate such outcomes through ongoing assessment of suitable AI models;

11.1.2. The sheer scale, rapid iteration, and complexity of AI technology makes it impossible for us to comprehensively know the reliability or suitability of every output from any particular system; and

11.1.3. While we modify pre-trained models through fine tuning to try and minimise bias and improve the applicability to our use case, we cannot guarantee full prevention of bias or possible inaccuracies.

11.2. Risk Acceptance

Please do not use the AI tool or components of our services unless you:

11.2.1. recognise these limitations and agree to bear the associated risks; and

11.2.2. agree to navigate these uncertainties responsibly, employing caution, and discretion in your reliance on AI-generated information or outputs, especially in contexts requiring high accuracy or in situations with significant consequences.

12. Modifications to Terms and Services

We reserve the right to modify or replace these Terms at any time at our sole discretion.

12.1. Amendments

The revised will be immediately effective once they are posted and we will provide notice of such changes by posting the revised Terms on the Platform and/or notifying our users via email. If you continue to use the Platform after you have been notified of those changes, you will be deemed to have consented to abide by those changes.

12.2. Service Changes

We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

13. Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

14. Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Disclaimers and Limitations of Liability

15.1. Service and Repair

Our Goods (the ice tubs and chillers) have a 12-month warranty. Please refer to the manufacturer’s warranty for information on service and repair as unauthorised modifications or repairs could void the warranty.

15.2. Statutory Guarantees

Our Goods are provided with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

15.3. Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to: a) in the case of goods we supply: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and b) in the case of services we supply: the supplying of the services again; or the payment of the cost of having the services supplied again.

15.4. Exclusion of Liability

To the fullest extent permitted by law, we exclude all liability for indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: a) your access to or use of or inability to access or use our goods or services; b) any conduct or content of any third party related to our goods or services; c) any content obtained from our services; and d) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage.

15.5. Application of Limitations

The limitations on our liability in this section apply whether we have been informed of the possibility of such damages or not, and even if any remedy fails of its essential purpose. However, these limitations do not apply to liability arising from death or personal injury caused by our negligence or any other liability that cannot be excluded or limited by Australian law.

16. Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of the Platform, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and content it contains.

16.1. Inaccuracies or Errors

It is possible that the Platform could include typographical errors, inaccuracies, or other errors and that unauthorised additions, deletions, and alterations could be made to the Platform by third parties. If an inaccuracy arises, please inform us so that it can be corrected.

16.2. Corrections

We reserve the right to unilaterally correct any inaccuracies on the Platform without notice and we will have no responsibility or liability for information or content posted to the Platform by any non-affiliated third party.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

For any questions about these Terms, please contact us via

recover@icefusion.com.au