Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
1. Who are we? What's this Site for?
These terms and conditions of use ("Terms of Use") regulate your use of the website https://www.icebreaker.com/en-eu/ ("Site"). The Site is owned and operated by VF International SAGL., whose registered office is at Via Laveggio, 5, 6855 – Stabio, Switzerland, Company Registration number Stabio - CH-514.4.028.163-8, VAT Number CHE-111.650.898 ("icebreaker" or "we"), corporate capital 1,901,000.00 CHF. We can be contacted through our Contact Us page, managed by our Customer Care Team. We use the Site to promote and provide information on icebreaker's products, as well as on icebreaker's stores and promotional initiatives.
On the Site you can purchase icebreaker’s products. If you purchase products on the Site, the purchase will be subject to our Terms of Sale, which includes details on the member company of the VF Group that will sell the products to you.
2. What if I am asked to register and open an account?
To access specific functionalities of the Site (for example to review your order history, or check your loyalty status/points, manage your address), you are required to register and open a personal account (“Account”). You will be responsible for all the activities that occur under your Account unless your Account was demonstrably being used by a third party without your consent. You are responsible for protecting your access credentials and keeping them confidential. icebreaker shall not be liable for any loss or damage incurred by you due to your failure to comply with these obligations. icebreaker may terminate or suspend your Account, at any time and without prior notice if: (i) icebreaker believes that you are using your Account in breach of these Terms of Use, (ii) icebreaker believes that a third party is using your Account without your consent, or (iii) icebreaker for reasonable security or maintenance purposes. You can cancel your Account at any time by contacting Customer Care through our Contact Us page.
3. What personal data relating to me are processed by icebreaker?
In order to enable you to access the functionalities of the Site, including areas for registered users or newsletter subscription, we may ask you to provide certain personal data. The processing activities we carry out on such data are described in our Privacy Policy. If you do not agree with our practices and policy regarding processing of personal data, we invite you to immediately stop using this Site.
4. What if I upload content or comments generated by me?
The Site includes sections which enable users to upload user-generated content ("UGC"), for example you could be enabled to upload photographs or to post comments. In relation to such UGC, icebreaker is a mere hosting provider and does not assume any responsibility or liability on the content itself.
You must not provide any UGC which is illegal, obscene, indecent, libellous, which fosters racial, ethnic, sexual discrimination or hatred or which infringes any third-party intellectual property or personal data protection rights. You must not provide any UGC which contains any data, including pictures, of minors. icebreaker reserves the right to remove from the Site any UGC which, at its sole discretion, do not meet the above requirements. In case such UGC are removed from the Site, the Account of the relevant uploader may be suspended or terminated.
5. #icebreaker OR @icebreakerNZ terms. What do these hashtags or handles mean? To what am I giving consent?
If you were directed here, it is because icebreaker liked a photo or other content you posted online ("UGC") with an icebreaker-related hashtag (i.e. a hashtag containing the name icebreaker or another name or trademark belonging to icebreaker) and would like to feature it on icebreaker's websites and/or social media pages. To do so, icebreaker needs your consent to the use of your image and of the personal data that may be contained in it.
If you give us your consent, your UGC might be visible to other icebreaker enthusiasts and supporters all around the world. A great opportunity for you to share your style with the world on icebreaker's websites!
If you give us your consent by responding to our request, you grant icebreaker the unlimited, non-exclusive, assignable, sublicensable, perpetual, worldwide right to use your relevant UGC. icebreaker will be entitled (but not obliged) to use your UGC in any way and for any purposes, including to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. These usages include featuring your UGC on icebreaker's websites, online shops and official social media pages, as well as during events or campaigns. Please do not give us your consent to use of UGC that you do not want to become subject to these #icebreaker Terms.
By giving your consent you also warrant that (a) you are at least eighteen years old; (b) you own all rights in and to your photos; (c) in case your UGC includes elements belonging to a third-party (for example a photo portraying a friend of yours), that you have obtained all the necessary consents by the relevant third-party (including for example copyright license and/or consent from a personal data law perspective); (d) so, that icebreaker’ use of your UGC does not infringe the rights of any third party or violate any law, and that you agree to be bound by these #icebreaker Terms.
Finally, by giving us your consent you agree to indemnify and hold icebreaker and any person acting on icebreaker’ behalf harmless from and against any claims, damages, liabilities, costs incurred by icebreaker in connection with the regular use of the UGC as described above.
Depending on what is included in your UGC, and also on the country where you are, your social network account name and your relevant UGC may contain personal data that icebreaker may access and process in relation to the use of your UGC.
Our Privacy Policy describes the processing activities icebreaker carries out in relation to your personal data, including the ones that may be provided to icebreaker as part of your social network account and/or uploaded UGC. In relation to such data, icebreaker would use them for the purposes specified in these #icebreaker Terms.
If you do not agree with our practices and policy regarding processing of personal data and, please do not give consent to our message under your relevant UGC.
BY RESPONDING TO THE MESSAGE FROM OUR icebreaker ACCOUNT WITH YOUR CONSENT YOU GIVE icebreaker YOUR EXPRESS AND SPECIFIC CONSENT TO THE USE OF THE ABOVE DESCRIBED PERSONAL DATA FOR COMMERCIAL AND MARKETING PURPOSES.
If you want to be kept informed regarding icebreaker's products and initiatives, we are happy to invite you to subscribe to icebreaker's newsletter here or on any page of our website.
You can revoke at any time, free of charge, your granting of usage rights and privacy consent in one of the following ways:
- by sending icebreaker an email as indicated in our Contact Us page;
- by removing the UGC from the relevant website/social network or cancelling the icebreaker-related hashtags associated to it;
- by clicking on the REPORT button that you will find on icebreaker's website or social media page where your UGC is being featured;
- as regards Instagram, by setting your Instagram profile to private, or setting the specific photo at issue to private
To the maximum extent permitted by applicable law, icebreaker will in no event be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your UGC as described above, whether based on tort, contract or any other legal theory, even if icebreaker had been advised of the possibility of such damages to occur.
6. Who owns the content and materials in this Site?
The information on this Site, along with any materials incorporated herein is the copyrighted work of icebreaker. ALL RIGHTS ARE RESERVED. Single pages or materials may contain different proprietary notices.
All registered names and trademarks in this Site are registered trademarks of icebreaker Limited or its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither icebreaker Limited nor its affiliate icebreaker, or any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information. ALL RIGHTS ARE RESERVED.
By submitting any UGC to the Site, you warrant you are entitled to do so and to have obtained, where necessary, all due consents by the relevant third-parties (for example intellectual property right-holders or personal data subjects). Such content shall be deemed non-confidential and non-proprietary. In relation to the UGC provided by you, you grant icebreaker an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC in any way and for any purposes, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. icebreaker thus invites you not to send us through the Site any content, item or information that you do not want to become subject to the above terms.
7. What is icebreaker's liability for anything that may go wrong while I use this Site?
We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking.
WARNING
Backpacking, Ice Climbing, Rock Climbing, Mountaineering, Backcountry Skiing and ALL mountain activities imply many hazards which could result in serious injury or death. All participants in these activities must assume responsibility for themselves, their safety and their actions. The information on icebreaker.com is NOT intended to serve as an instruction manual for these activities and is NOT a substitute for proper training and instruction.
Please read this disclaimer carefully before using our Site.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.
THIS SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THIS SITE, icebreaker, ITS AFFILIATES, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR EXAMPLE, WE CANNOT GUARANTEE THAT THE APPEARANCE AND COLOURS OF OUR PRODUCTS DESCRIBED ON THE SITE, AS SHOWN ON YOUR MONITOR, WILL CORRESPOND TO THE ACTUAL APPEARANCE OF PRODUCTS AS AVAILABLE IN A PHYSICAL OR ONLINE STORE.
TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL icebreaker, ITS AFFILIATES, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES (FOR EXAMPLE THE SECTION OF THE SITE MAINTAINED BY OLAPIC, INC., SHOWING PICTURES OF icebreaker PRODUCTS TAKEN BY SOCIAL MEDIA), WHICH ARE PROVIDED AS A CONVENIENCE TO icebreaker USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER THE CONTROL OF EITHER icebreaker OR ITS AFFILIATES AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH ELEMENTS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND NEITHER icebreakerNOR ITS AFFILIATES PROVIDE ANY WARRANTY IN RELATION TO SUCH ITEMS, NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH ELEMENTS OR WEBSITES. NEITHER icebreaker NOR ITS AFFILIATES MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN RISK. ALL THE ASPECTS REGARDING SUCH ELEMENTS OR WEBSITES (INCLUDING RULES ON USE AND CONTENT) ARE GOVERNED BY THE RELEVANT THIRD PARTY TERMS AND CONDITIONS, WHICH WE INVITE YOU TO READ.
8. What is the applicable law? And the competent Court in case of disputes?
Your use of this site shall be governed in all respects by the laws of Switzerland. As such, the laws of Switzerland, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions. The Commercial Courts of Zurich shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Site and/or in any way related to the use of the Site or to these Terms of Use, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users.
