Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this Site, you agree to be bound contractually by these Terms of Use. Your compliance with these Terms of Use is a condition to your use of this Site. If you do not agree to be bound by the Terms of Use, please exit this Site immediately.
 
Our store is hosted on the Shopify Inc network. Shopify provides us with the online, e-commerce platform that allows us to sell our products and Services to you. By accessing our site, you are also bound by the Terms of Use of Shopify. Again, if you do not agree to be bound by their Terms of Use, please exit this Site immediately.

 

  1. Parties. The Parties to these Terms of Use (“Terms”) are You, the viewer or customer of the site or purchaser of the product(s), and Us, the owner and operator of this website, Loop Digital Ventures (“IceBath Malaysia”). All references to “we,” “us,” “this website,” or “this site” shall be construed to mean IceBath Malaysia.

  2. Modification to Terms. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link at the bottom of this site’s pages. You should check these Terms of Use periodically for modifications.

  3. Age Restrictions. You represent that you are the age of majority or older in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow your minor dependent(s) to use this site.

  4. No Illegal or Unauthorized Use. You may not use this site or our products for any illegal or unauthorized purposes. Your use may not violate any laws in your jurisdiction, including any country, federal, state, or local laws. A breach or violation of any Terms will result in an immediate termination of your Services.

  5. General Restrictions. We reserve the right to refuse Service to anyone for any reason at any time.

  6. Use and Restrictions; Website Security. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) the public areas of this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement.

    You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, (a) accessing data not intended for such user, (b) logging onto a server you are not authorized to access, (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law, (e) reselling, sublicensing, transferring, assigning, or distributing this site, (f) modify or make derivative works based on the site or (g) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

    Furthermore, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass any measures we may use to prevent or restrict access to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working on this Site.

    We take network security violations seriously. Violations may result in civil or criminal liability. IceBath Malaysia will investigate occurrences that may involve such violations and may involve, or cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

  7. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this website without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy. You may access our Privacy Policy through the link on this site’s home page.

    You understand that your content (including credit card information) may be transferred without encryption and could involve (a) transmissions over various networks; or (b) changes to conform or adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.

  8. Copyright Ownership. You agree not to reproduce, duplicate, copy, sell, resell or exploit ANY portion of the Service or this Site without express written permission by us.

    The Materials on this Site are the sole and exclusive property of IceBath Malaysia. You may view or download these Materials for your personal use only. You agree that you have no right, title, interest, or claim to the Materials. You may not sell, lend, lease, assign, distribute, or otherwise transfer these materials to another person or entity. You may not copy, reverse engineer, modify or create derivative works based on the Materials. If you transfer a copy of the Materials (or any portion thereof) to another party, your right to use the materials is automatically terminated.

    If we provide downloadable content, you may download such copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of IceBath Malaysia and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

  9. Products or Services; Quality and Quantity. Certain products or Services may be available exclusively online through our website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to accurately display the colors and images of our products. We cannot guarantee that your computer, phone, or other device’s monitor's display of any color will be accurate. We are not responsible for any discrepancies you might believe are present between the actual product and any website pictures. 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 limit the sales of our products or Services or the quantities thereof to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also 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. You rely on the information contained on our website at your own risk.

  10. Protects or Services; Pricing. Prices for our products are subject to change without any notice, at any time. We may also modify or discontinue the Service without any notice, at any time. We shall not be liable to you or any third-party for a modification, price change, suspension or discontinuance of the Service. We do not offer refunds if a product you purchased later drops in price, nor do we price match with any other site.

  11. Billing and Other Account Information. We may require you to provide information about yourself in order to register for and/or use certain Services or buy our products. We reserve the right to refuse to fulfill any order you may place with us, for any reason, including refusing multiple 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. We also reserve the right to modify, limit, or even cancel your order as we see fit. In the event we make a change to your order, we may attempt to notify you through the email and/or billing address/phone number provided by you at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or for any other reason as we see fit.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Refund Policy.

  12. User Comments, Feedback or Other Submissions. If, at our request, you send certain specific submissions (for example, contest entries) or independently decide to send us any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email or postal mail, or in any other manner (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium any comments that you forward to us. We are under no obligation to keep your comments confidential, to pay you compensation for any comments, or to respond directly to any of your comments.

    We may monitor, edit or even remove Comments that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable in our sole opinion. This also includes if the comments violate any party’s intellectual property or these Terms.

    You agree that your comments will not fall into any of the above categories, nor will they contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or a third party as to the origin of any comments. You are solely responsible for any comments you make, including their accuracy.

  13. Dangerous Activity. It is important you read the instructions carefully and thoroughly to ensure you are setting up and using the products correctly. Incorrect set-up could result in harm or injury to the user, including electrocution or even death. Incorrect use could result in hypothermia or drowning. Incorrect maintenance could result in property damage to the surrounding area of the product. It is your responsibility to ensure all proper safety measures are being observed when using this product. We assume no responsibility and will not be liable for any claims or subsequent damages arising from any property or personal damages coming from your use of our products. No advice or information, written or oral, obtained from us or through our platform will create any warranty not expressly made herein.

  14. Opinions. The information presented on this Site is for the promotion and advertising of IceBath Malaysia products only.

  15. No Guarantees. IceBath Malaysia cannot guarantee that any of the information continued on our Site or in our Downloadable Content is correct, accurate, complete, or up to date. You should not act or rely on any information in these materials without seeking the advice of a professional. IceBath Malaysia disclaims any responsibility for the misuse or misinterpretation of information contained in these Materials. It is your responsibility to follow any and all applicable state, federal or international laws and follow proper safety precautions.

  16. Optional Tools. 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 the 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). You acknowledge and agree that we are under no obligation to become involved in or impose resolution in any dispute between or among you and a Third-Party site that offers such tools. You are responsible for any actions or attorney or court fees that may arise from such disputes. 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.

  17. Disclaimer of Warranty; Limitation of Liability. Please read this section carefully as it affects your legal rights!


    • (A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ICEBATH MALAYSIA, NOR ITS PRESENT OR FUTURE PARENTS NOR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
    • (B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE CONTENT THAT MAY BE PROVIDED OR PRODUCTS SOLD, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK.

    • (C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ICEBATH MALAYSIA, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THIS SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CONTRASTCONNECT OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT CONTRASTCONNECT OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.

    • (D) SOME OF THE PRODUCTS SOLD ON THIS SITE COULD CAUSE DAMAGE, HARM, SERIOUS INJURY, OR EVEN DEATH IF USED INCORRECTLY, NEGLIGENTLY, OR BY PERSONS UNDER THE AGE OF 18 WITHOUT PROPER ADULT SUPERVISION. YOU SHOULD NOT USE OUR PRODUCTS IF YOU HAVE BEEN DRINKING, TAKE ANY MEDICATIONS, OR ARE UNDER THE INFLUENCE OF DRUGS. YOU SHOULD NOT USE THESE PRODUCTS WITHOUT CONSULTING YOUR MEDICAL OR HEALTH CARE PROVIDER. IF YOU HAVE ANY MEDICAL ISSUES, YOU SHOULD ALWAYS CONSULT WITH A MEDICAL OR HEALTHCARE PROVIDER BEFORE USING THE PRODUCT. THE INFORMATION CONTAINED ON THE SITE OR ANY INFORMATION ABOUT THE PRODUCT OR PURPORTED BENEFITS IS FOR PROMOTIONAL OR INFORMATIONAL USES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE.

    • (E) ​​YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY PRODUCTS PURCHASED FROM THE WEBSITE REMAINS WITH YOU. NEITHER US NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR PRODUCTS WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE PRODUCTS OR TERMS.

      IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF OUR COMPANY AND AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARISING FROM OR RELATING TO THE TERMS OR PRODUCTS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU, OR ONE HUNDRED MALAYSIAN RINGGIT IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THERE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED WILL APPLY TO THE FULLEST EXTENT POSSIBLE.

      YOU AGREE THAT ANY CLAIMS WILL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

    • (F) IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  18. No Liability. IceBath Malaysia disclaims any and all responsibility for any liability incurred by any individual as a result of using the information contained on this site. You use this website AT YOUR OWN RISK.

  19. Services Subject to Malaysian Law. IceBath Malaysia operates subject to the laws of Malaysia.

  20. Indemnity. You agree to defend, indemnify, and hold IceBath Malaysia harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by IceBath Malaysia arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site.

  21. Links to This Site. IceBath Malaysia grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray IceBath Malaysia or its products or services in a false, misleading, derogatory, or offensive manner. You may not use the IceBath Malaysia logo, trademark, or name or trademarks, or other proprietary graphic in the link without the prior written permission of IceBath Malaysia.

  22. Links to Third Party Websites. IceBath Malaysia does not review or control third party websites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party sites is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

    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. By using our site, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third party sites will be limited to a claim against those particular third-party sites. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.

  23. Accuracy and Integrity of Information. While IceBath Malaysia attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, out of date pricing or information, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Information contained on the Site may be changed or updated without notice.

    Please consult a medical professional before relying on any information presented on this Site or before using any of the Products. Any reliance on the material in this site is at your own risk, and we bear no responsibility for any damages that may arise from your reliance on such material.

  24. Severability.  If any term or other provision of these Terms of Use are invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms and conditions herein shall nevertheless remain in full force and effect.

  25. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

  26. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site.

  27. Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms and any other policies or rules posted by us on this Site constitutes the full understanding between us and supersedes any prior Terms.

  28. Contact Information. If you have any questions about these Terms, please send an email to us at hello@tryicebath.com. You may also send postal mail to us at: Laguna Residences, Jalan SS 7/17, Petaling Jaya 47301, Selangor!

  29. WhatsApp consent By consenting to IceBath Malaysia’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring WhatsApp text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

    If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

    For any questions, please text HELP to the number you received the messages from. You can also contact us at hello@tryicebath.com for more information.

    We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

    To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

    Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

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