ICETAG TERMS AND CONDITIONS OF USE
By accessing, subscribes or using the ICETag ("the Service Provider") service, you ("the User") agree to be
bound by
the following terms and conditions. ICETag reserves the right to amend these terms at any time without
prior notice. If you do not agree to these terms, you must immediately discontinue use of the ICETag
service.
1. DEFINITIONS
- Service Provider: ICETag©, the organization offering the platform, QR
codes, and the provider of
ICETag products and associated services.
- User: The individual who owns an ICETag or subscribes to the ICETag service, including
the Tag Holder, whose personal information is displayed.
- PoPIA: The Protection of Personal Information Act 4 of 2013 (South Africa).
- Applicable Laws: Includes, but is not limited to, any South African and International
data
privacy laws that may apply.
- Website: The web-based service offered by ICETag.
- ICETag: A plastic sticker containing a QR code.
- Service: The service offered by ICETag, including a web-based management interface
where Users
enter personal data to create a QR code.
- QR Code: A two-dimensional barcode storing information, accessible through scanning.
2. NOTICE ON PRONOUNS AND CONTEXT
Whenever the male pronoun is used, it shall be deemed to include the female pronoun, or vice versa. Likewise,
whenever
the singular is used, it shall be deemed to include the plural, or vice versa, as the context requires.
3. USER CONSENT AND ACKNOWLEDGMENT
By subscribing to or using the ICETag service, the User acknowledges and agrees to the following:
- Personal Information Disclosure: Any personal information you provide may be publicly
accessible through the QR code and can be viewed, copied, distributed, or used by any third party. This
disclosure is voluntary and aimed at enhancing safety in emergencies.
- Waiver of Rights: You waive any and all rights to hold ICETag liable for any loss or
damage
arising from the disclosure or misuse of your personal information. This includes, but is not limited
to, any
loss of data, identity theft, or unauthorized access to your personal information.
- PoPIA Disclaimer: By providing your personal information, you consent to its
collection, storage, and sharing. You waive your rights under the Protection of Personal Information Act
(PoPIA) and its related amendments, acknowledging that the details you submit, is done so voluntarily
and can be accessed by third parties by scanning the ICETag QR code. ICETag has no control over who may
access or use your personal data once it is disclosed.
- Medical Data Disclaimer: ICETag does not verify, validate, or modify any personal or
medical
information provided by the User. Any information shared via the service should not be construed as
medical
advice, diagnosis, or treatment.
By subscribing to this service, the User voluntarily and irrevocably acknowledges
that any personal information they provide will be publicly accessible via the QR code and may be viewed,
stored, copied, distributed, or used by any third party without restriction. The User provides this
information voluntarily to enhance their safety in an emergency.
4. LIMITATION OF LIABILITY
By using the ICETag service, the User agrees to the following:
- Limitation of Liability: ICETag, including its officers, directors, employees,
affiliates, and
agents, shall not be liable for any direct, indirect, incidental, special, punitive, or consequential
damages,
including, but not limited to:
- Errors, mistakes, or inaccuracies of content.
- Personal injury or property damage resulting from access to or use of the service.
- Unauthorized access to or use of secure servers or personal information.
- Interruption or cessation of transmission to or from the service.
- Bugs, viruses, or other malicious content transmitted through the service.
- Loss or damage of any kind incurred as a result of using content available via the service.
- Exclusion of Liability for Third-Party Content: ICETag is not responsible or liable in
any way
for third-party content or any user-generated content posted through the service. Any material obtained
through
the service is accessed at the User’s own risk, and the User waives any claims related to such content.
- Risk Acknowledgment: The User acknowledges that any interaction with the ICETag service
is done
at their own discretion and risk. The Service Provider is not responsible for any technical
malfunctions, loss
of data, or damage to the User’s hardware or software as a result of using the service.
5. WAIVER OF CLAIMS AND INDEMNITY
The User agrees to indemnify and hold harmless ICETag, its affiliates, officers, employees, and agents from
any
claims, damages, losses, or liabilities arising from the following:
- Personal Information Disclosure: The User waives any claims regarding the disclosure,
misuse, or loss of personal information made publicly available through the service.
- Third-Party Access: The User understands and accepts that their personal information
may be
accessed and used by third parties without restriction.
- Medical or Personal Data Errors: The User waives any claims against any party related
to misdiagnosis,
incorrect treatment, or errors arising from the use of personal or medical data shared via ICETag.
- Service Misuse: The User agrees to assume all risks associated with unauthorized use,
misuse, or identity theft resulting from their personal information being publicly accessible.
- Acknowledgment of Full Risk: The User acknowledges the full risks involved in making
their
personal information publicly accessible via ICETag and agrees that ICETag bears no liability for any
consequences arising from such disclosure.
6. NO WARRANTIES
ICETag provides its service on an "as-is" and "as-available" basis, without any warranties, express or
implied.
ICETag makes no representations or guarantees regarding the following:
- That the service will meet the User’s specific requirements.
- The uninterrupted, timely, secure, or error-free operation of the service.
- The accuracy or reliability of results obtained from using the service.
- The quality of products, services, or information obtained through ICETag.
The User acknowledges that ICETag does not guarantee the availability or functionality of the service, and any
reliance on the service is at their own risk.
7. WAIVER OF LIABILITY & FULL INDEMNITY
By subscribing, the User
irrevocably waives, disclaims, and agrees to indemnify and hold harmless
the Service Provider, its
owners, employees, officers, directors, affiliates, agents, any individual or entity, including but not
limited to
any Medical Personnel scanning an
ICETag, from any and all liability, whether past, present, or future, arising from
or
related to:
- The accuracy, reliability, completeness, or applicability of any information
provided by the
User.
- Any
misdiagnosis, incorrect treatment, medical errors, or improper medical procedures
performed
based on the information supplied.
- The disclosure, public display, or use of personal information.
- Any
use, misuse, fraud, impersonation, identity theft, or unauthorized access to personal
information by third parties.
- Any
damage, financial loss, reputational harm, or legal consequences
resulting from making personal data public.
- Any and all other claims for any damages resulting from making
personal
data public.
The User fully assumes all risks and accepts
sole liability for
the public availability of their information. The
Service Provider does not verify, modify, or validate any User-supplied data
and bears
no responsibility for any consequences arising from its use.
8. LIMITATION OF LIABILITY (CONTINUED)
-
Maximum Liability: In no event shall ICETag’s total liability to the User, regardless
of
the cause of action, exceed the lesser of the following:
- The amount paid by the User for the service during the twelve (12) months prior to the event
giving rise
to the claim.
- Five Hundred South African Rand (R500.00).
- Exclusion of Liability: ICETag shall not be liable for any personal injury, death,
property
damage, or other loss or damage, including any damage to hardware or software, arising from the User’s
use
of the service, even if such loss is caused by gross negligence or willful misconduct by ICETag.
- No Liability for Content: ICETag is not responsible for any defamatory, offensive, or
illegal conduct by third parties and the risk of harm from such content rests entirely with the User.
9. MEDICAL INFORMATION DISCLAIMER
All QR code data retrieved is User-supplied and remains the sole responsibility of
the User
who
entered it. ICETag does not verify, modify, or validate any user-provided
data
and assumes no responsibility for its accuracy, completeness, or reliability.
The information displayed when scanning a QR code is for
reference purposes only
and should not be treated as official medical advice, diagnosis, or a substitute for professional healthcare
guidance. Parties scanning a QR code should consult a qualified medical professional for any health-related
concerns, treatment, and/or advice.
10. PoPIA SPECIFIC CONSENT & LIABILITY DISCLAIMER
By subscribing to this service, you fully acknowledge, understand, and accept that any personal
information you provide will be publicly accessible and can be viewed, stored, copied,
distributed,
or used by any third party without restriction. The User expressly and irrevocably consent
to the
collection, processing, storage, and display of your personal information, understanding that
ICETag has no control over who accesses or uses this information.
By subscribing to this service, you fully and unconditionally waive, release, and disclaim
any and all liability
on the part of ICETag, its affiliates, officers, employees, agents, and partners
from
any claims, demands, damages, or losses — whether direct, indirect, incidental, consequential, punitive, or
otherwise — arising from or related to:
- The public disclosure, display, or accessibility of your
personal
information.
- The accuracy, completeness
, or availability of personal information.
- The unauthorized use, misuse, or theft of personal data.
- The loss of data or any other negative consequences from making
your
information publicly available.
You accept full and sole responsibility for making your
personal information public via your
ICETag service.
11. COPYRIGHT NOTICE
All content, designs, text, images, code, and the ICETag logo, along with any other information presented on
this
Website, are the exclusive intellectual property of ICETag and are safeguarded by copyright laws. Any
unauthorized
use, reproduction, modification, distribution, or transmission of any part of this Website, in any form or
by any
means, without explicit prior written consent from ICETag, is strictly prohibited.
12. FINAL CONFIRMATION OF CONSENT
By using the ICETag service, the User confirms that they have:
- Read, understood, and accepted the terms and conditions outlined in this document.
- Acknowledged the risks associated with the public disclosure of personal information.
- Waived all rights to hold ICETag liable for any consequences arising from the use of or reliance on the
information provided through the service.
- You irrevocably waive and forfeit all claims against ICETag, any party, person, entity,
and/or Medical Personnel who access, use, or store your personal information.
- You acknowledge that the Service Provider and all related parties bear
no liability —past, present, or future
for any access, use, disclosure, or consequences arising from your personal information, including any
medical
treatment, misdiagnosis, or actions taken based on it.
No party listed above may be held accountable under any
circumstances.
BY USING THE SERVICE AND/OR ANY OF ITS FEATURES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNEQUIVOCALLY AGREE TO THESE TERMS AND CONDITIONS, INCLUDING ALL LIMITATIONS OF LIABILITY AND WAIVERS OF RIGHTS.
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