Icehouse Central Terms & Conditions 

Welcome to Icehouse Central! The Icehouse Central community is made up of Icehouse programme and coaching alumni, delivery partners (this includes Icehouse business coaches and people who deliver the content on our programmes) and employees. Icehouse Central serves as a go-to destination for Icehouse alumni, employees and delivery partners to connect, do business together, give peer-to-peer support and continue learning with The Icehouse via curated content and events.  

These Icehouse Central Terms of Use (“Icehouse Central ToU”) are the terms that apply to your use of the Icehouse Central Platform.  We hope that these will help ensure the community is valuable to you and serves as a platform where we can all become better together. By using the Icehouse Central platform, you are agreeing to these terms. 

Every community user of ours agrees to abide by these Icehouse Central ToU and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Icehouse Central ToU. We will enforce and ensure compliance with this Icehouse Central ToU by using methods we consider to be appropriate. 

We reserve the right to modify these Icehouse Central ToU at any time without giving you prior notice. Your use of the Icehouse Central platform following any modification of these ToU constitutes your agreement to follow and be bound by these Icehouse Central ToU as modified. You agree to review the Icehouse Central ToU on a regular basis and always remain in compliance. 

 

1. Definitions 

“Agreement” or “Icehouse Central ToU” means these Icehouse Central Terms of Use and all materials referred or linked to in here. 

“Content” means all content, including without limitation, language, data, information, images and videos provided through or disclosed by use of the Icehouse Central platform, whether by us, our alumni, or delivery partners. 

“Community Guidelines” means the policies applicable to users of Icehouse Central which we have published at https://central.theicehouse.co.nz/page/community-guidelines. 

“Icehouse Central” means the online community accessible at central.theicehouse.co.nz. 

“Hivebrite” means the company we have partnered to provide the software on top of which Icehouse Central is built. 
 
"Sensitive Information" means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards. 
 
"Third-Party Products" means products and professional services that are provided by third parties which may interoperate with or be used in connection with the Icehouse Central platform. 

"Third-Party Sites" means third-party websites linked from within or accessed through Icehouse Central. 

"The Icehouse", "we", "us" or “our” means The Icehouse Limited  

"You" or "your" means the person or entity using Icehouse Central. 

"Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of Icehouse Central, by you. 

 

2. Data and Partnership with Hivebrite 

We have partnered with Hivebrite for the purpose of delivering the Connect platform to you. All data you enter into the platform is stored with Hivebrite. You can see how your data is handled and what their privacy policies are here: https://hivebrite.com/privacy-policy. 

The Icehouse will be able to access and download any information you provide on the platform. The Icehouse my use this data internally for analytics purposes in order to improve the service offered.  You can find out more about how The Icehouse handles your data in the Connect platform in our Privacy Policies here. 

By using Icehouse Central, you grant us the right to share the information necessary to enable your use of Icehouse Central with our service provider Hivebrite. 

If you have any concerns about how your data is handled, you can contact us at: [email protected]. 

 

3. Access to Icehouse Central

We will provide you access to use Icehouse Central according to the terms of this Agreement.  

When using Icehouse Central, you must use your legal name or the name by which you are commonly known. All information you provide in your profile must be accurate.  If you believe your access to or use of Icehouse Central has been breached, compromised, or unauthorized, notify us immediately at [email protected] 

 

4. Your Conduct and Content 

a. Guidelines. You must review and follow the Community Guidelines.  These guidelines can be found on Icehouse Central here: central.theicehouse.co.nz/page/community-guidelines. We may change the Community Guidelines from time to time by updating the applicable page on the Icehouse Central platform. Your use of Icehouse Central is subject to the Community Guidelines. 

In addition, you may not (directly or indirectly) use Icehouse Central with content, or in a manner that: 

• is in violation of this Agreement; 

• is threatening, abusive, harassing, stalking, or defamatory; 

• is deceptive, false, misleading or fraudulent; 

• is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity); 

• contains vulgar, obscene, indecent or unlawful material; 

• infringes a third party's intellectual property right(s); 

• publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so; 

• uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; 

• restricts or inhibits any other user of Icehouse Central from using and enjoying Icehouse Central; 

• mirrors or frames the Icehouse Central platform, or any part of it, on any other website or webpage; 

• attempts to gain unauthorized access to Icehouse Central, by any means other than through the interface that we provide to you; 

• is in violation of any applicable law or regulation. 

b.  Suspension and Notice of Violations. We may immediately suspend your use of Icehouse Central, without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content).  If you know of usage that is in violation of this Agreement, please let us know by contacting us at [email protected] 

d.  Claims of Copyright Infringement.  We respect the intellectual property rights of others, and we ask our users to do the same. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.  If you believe that your work has been copied in a way that constitutes infringement on our website, please email us at: [email protected] 

e.  Our Use of Your Content.  You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with Icehouse Central. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. 

 

4. Icehouse’s Proprietary Rights 

We encourage all customers to comment on how Icehouse Central works and provide suggestions for improving Icehouse Central. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into Icehouse Central and share them with Hivebrite without payment or attribution to you.

 

5. Hivebrite changes 

Features developed by and changed by Hivebrite are not under our control. We will not accept liability for inconveniences caused to you by changes in the software and changes in how Hivebrite handles your data. 

 

6. Term and Termination 

a.  Term. This Agreement will apply for as long as you use or maintain a username and password for Icehouse Central. 

b. Termination and Suspension.  We may terminate this Agreement and/or suspend your access to Icehouse Central immediately if you: (i) violate any of the terms of this Agreement, (ii) use Icehouse Central in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion.  We and by extension Hivebrite are not obligated to provide you with any of Your Content used in connection with Icehouse Central after termination.

 

7. Your Representations and Warranties  

You represent and warrant that: (i) your participation in Icehouse Central will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us and Hivebrite’s for ours and Hivebrite’s use and with other users of Icehouse Central, and that you are not violating any confidentiality obligations by submitting Your Content to Icehouse Central, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.

 

8. Indemnification  

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of Icehouse Central, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

 

9. Disclaimers; Limitations of Liability 

a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF HIVEBRITE PRODUCTS OR SERVICES, ICEHOUSE CENTRAL, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, ICEHOUSE CENTRAL IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO ICEHOUSE CENTRAL AND THE CONTENT PUBLISHED ON IT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ICEHOUSE CENTRAL AND THE CONTENT ON IT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. 

b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES. 

c. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.  

d.  Third Party Products and Sites.  WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. 

e. Agreement to liability limit 

YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE ICEHOUSE CENTRAL TO YOU. 

 

10. General 

a. Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at https://central.theicehouse.co.nz/page/terms-and-conditions. The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use Icehouse Central. 

b. Applicable Law. This Agreement shall be governed by the laws in New Zealand, without regard to the conflict of laws provisions thereof. 

c. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage, electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event. 

d. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement. 

e.  Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected. 

f. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. 

g. Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt. 
 
The Icehouse, 125 Saint Georges Bay Road, Parnell, Auckland 1052, New Zealand. 
 
To you: your address as provided in our account information for you.  We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. 

h. Entire Agreement. This Agreement is the entire agreement between us for Icehouse Central and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement. 

i.  Assignment. You will not assign or transfer this Agreement without our prior written consent.  We may assign this Agreement to any The Icehouse affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law. 

i. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 

j. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, The Icehouse products and services, our trademarks, or any other property or right of ours. 

k. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. 

l. Survival. The following sections shall survive the expiration or termination of this Agreement.