TERMS AND CONDITIONS
TERMS AND CONDITIONS
Welcome to https://icebear.com.sa (Referred to as “the website/ online service), service provided by ice bear, a subsidiary of Marketing home EST in Saudi Arabia. The website is operated by ice bear (referred to as “we/our/us”).
As a user (referred to as “you/your/Customer”) of the website you must read and acknowledge below the following terms and conditions (the “Terms and Conditions”).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You are prohibited from violating or attempting to violate the security of the website, including without limitation:
• Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, and “flooding”, “spamming,“ mail bombing “or crashing”.
• Sending unsolicited email, including promotions and/or advertising of products or services; or.
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website. The website will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
ONLINE SERVICES TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or province of residence, or that you are the age of majority in your country or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our app may request access to your device’s location data. We will only use this information to use the current location then provide the services that you have requested, We will not share your location data with third parties without your explicit consent. You may opt-out of sharing your location data at any time by changing the settings on your device
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involves (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services and content, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display, as accurately as possible, the colors and images of our products that appear at the site. We cannot guarantee that your computer monitor’s display of any real shape or color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken as an indicator that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ice bear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including and without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured using the service, or for any other claim related in any way to your use of the service or product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless ice bear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either us or you. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kingdom of Saudi Arabia.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
• The Service Partner shall determine the fair and reasonable rate and disclose this to you via the Quotation.
• The ice bear shall provide suggested rates however the final decision on how much to charge rests with the Service Partner and takes into account many factors such as distance, location, ease of access, complexity of Job, type of Job and others.
• Should you not be satisfied with the rate, you are encouraged to contact The ice bear who will attempt to assist you in receiving a revised price from the allocated Service Partner or arrange for a second Service Partner to also quote.
• On acceptance of the Quotation (by Signing a contract and creating an invoice to service ), this creates a binding agreement between you and the Service Partner and you authorize The ice bear to deduct the agreed charges as contained in the quotation from your chosen method of payment in respect of the deposit amount and when the job is completed.
• By Signing a contract and creating an invoice to service, you agree to, and shall be liable for payment of a deposit amounting to 50% of the total value of the contract including Value Added Taxation on materials and 100% on materials where applicable.
• In the event the service needs any materials from a third party will be binding to you to pay the cost for these materials whether mentioned in the contract or not if that need was through the duration of work or before the start of work.
• In the event of a variation in the scope of the job, the Service Partner shall issue a revised Quotation. Additional work shall not be performed until the revised Quotation is accepted by you. (all re-quotations must be done on The Installation Company platform)
• In the event that the revised Quotation is of lesser value than the original Quotation, the job as per the Quotation shall be performed regardless of whether or not you have approved the quote.
• Once the work is successfully completed, the Service Partner shall indicate this on the ice bear website.
• Should the deduction from your chosen method of payment be unsuccessful for either the deposit or final Invoice Value, you shall be obliged to effect payment to us within 48 hours after delivery of such invoice, either via electronic funds transfer or by any other method agreed to by the ice bear.
• All prices are shown in Saudi Riyal (SR) and include taxes (if applicable) at the applicable current rates .
Cancellations and Refunds
In the event that you wish to cancel a service prior to that service commencing, you are welcome to do so by notifying us. The following cancellation charges will be applied against any payments made. These cancellation fees are calculated based on the total
• To create a Booking request, you must provide us with the necessary personal information via the website.
• This can be done by making contact via any one of our various portals including, but not limited to, telephone, email or contact forms located on the ice bear website .
• Once you provide us your personal information via any one of these channels, you agree to be bound by the Terms and Conditions as set out in this agreement.
• It is your responsibility to ensure all personal information provided by you is accurate. In the event that any information provided by you is incorrect or, has been incorrectly recorded by the ice bear staff or affiliates it is your right and duty to inform The ice bear using any one of the valid communication channels available to Clients.
• The ice bear will use your personal information to process your request, including identifying an appropriate Service Partner, creating an initial site inspection appointment, generating a Quotation, calculating the Estimated Job Time, scheduling the date and time at which the designated Service Partner will perform the job and subsequent invoicing and payment collection.
• The Quotation will be valid for the number of days as it appears on the Quotation and should no period appear, shall be valid for one week from the date of issue. If you do not accept the Quotation during this period you may need to re-submit your request together with the personal information in order for us to generate a new Quotation.
• If the personal information you provide to us does not comply with our terms and conditions of use then we may decline to commence with the Service Booking and/or related Job.
• The implementation of any of the services provided by Ice Bear will not start unless the contract is signed, the invoice is issued, and the first payment is paid as stipulated in the contract.
• There is no warranty on the services provided to us, and there is no maintenance after completing the installation or providing the service except with a maintenance contract to be agreed upon by both parties.
• Maintenance contracts are for a period of one year from the date of signing, and maintenance or maintenance implementation is not started until after payment of the contract value.
• There is no guarantee on the maintenance operations that are provided to the customer, and the customer has the right to request maintenance according to the contract agreed with Ice Bear, according to the terms stipulated in the contract.