1. TERMS OF USE
By downloading, browsing, accessing or using this Reddy Ice LLC ("Reddy Ice") mobile application or customer portal ("Reddy Ice Connect"), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to Reddy Ice Connect and your use of the services offered Reddy Ice Connect. Continued use of Reddy Ice Connect will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
2. DEFINITIONS
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
"Account" means a user profile created on Reddy Ice Connect as part of Registration.
"Order" means to order a Reddy Ice product on these Terms and Conditions of Use.
"Privacy Policy" means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.
"Register" means to create an Account on Reddy Ice Connect and "Registration" means the act of creating such an Account.
"Services" means all the services provided by Reddy Ice via Reddy Ice Connect to Users, and "Service" means any one of them,
"Users" means users of Reddy Ice Connect via mobile device or desktop.
3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION OR CUSTOMER PORTAL AND THE SERVICES
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application or Customer Portal and the making of any Order are subject to these Terms and Conditions of Use.
3.2 Location: Reddy Ice Connect, the Services and any Order are intended solely for use by Users who access Reddy Ice Connect. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of the United States.
3.3 Scope: The Reddy Ice Connect and the Services are intended solely for your business needs and purposes.
3.4 Prevention on use: We reserve the right to prevent you using the Reddy Ice Connect and the Service (or any part of them) and to prevent you from making any Order.
3.5 Equipment and Networks: The provision of the Services and Reddy Ice Connect does not include the provision of a mobile telephone or handheld device or other necessary equipment to access Reddy Ice Connect or the Services or make any Order. To use Reddy Ice Connect you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using Reddy Ice Connect via any mobile device. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing Reddy Ice Connect or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.6 Permission to use Reddy Ice Connect: If you are not the bill payer for the mobile telephone or handheld device being used to access Reddy Ice Connect, you will be assumed to have received permission from the bill payer for using Reddy Ice Connect via any mobile device or desktop.
4. PURCHASES
4.1 Need for registration: You must Register to make an Order from Reddy Ice Connect.
4.2 Application of these Terms and Conditions of Use: By making any Order, you acknowledge that the Order is subject to these Terms and Conditions of Service or Use?.
4.3 Order: Any attempted Order not consistent with these Terms and Conditions of Use may be disallowed or rendered void at Reddy Ice's discretion.
5. LOCATION ALERTS AND NOTIFICATIONS
5.1 You agree to receive pre-programmed notifications ("Location Alerts") on Reddy Ice Connect from Reddy Ice if you have turned on locational services on your mobile telephone or other devices (as the case may be).
6. YOUR OBLIGATIONS
6.1 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information so Reddy Ice may update the information in your Account.
6.2 Prohibitions in relation to usage of Services or Reddy Ice Connect: Without limitation, you undertake not to use or permit anyone else to use the Services or Reddy Ice Connect:-
6.2.1 to cause annoyance, inconvenience or needless anxiety;
6.2.2 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.2.3 for a purpose other than which we have designed them or intended them to be used;
6.2.4 for any fraudulent purpose;
6.2.5 other than in conformance with accepted Internet practices and practices of any connected networks;
6.2.6 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
6.3 Prohibitions in relation to usage of Services, Reddy Ice Connect: Without limitation, you further undertake not to or permit anyone else to:-
6.3.1 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
6.3.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
6.3.3 execute any form of network monitoring which will intercept data not intended for you;
6.3.4 enter into fraudulent interactions or transactions with Reddy Ice (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.3.5 extract data from or hack into the Reddy Ice Connect;
6.3.6 use the Services or Reddy Ice Connect in breach of these Terms and Conditions of Use;
6.3.7 engage in any unlawful activity in connection with the use of Reddy Ice Connect or the Services; or
6.3.8 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying Reddy Ice Connect or Services.
7. RULES ABOUT USE OF THE SERVICE AND Reddy Ice Connect
7.1 Reddy Ice will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, Reddy Ice does not guarantee that the Services or Reddy Ice Connect will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us as set forth in Section 14.8 to these Terms and Conditions.
7.2 Reddy Ice does not warrant that your use of the Services or Reddy Ice Connect will be uninterrupted and Reddy Ice does not warrant that any information (or messages) transmitted via the Services or Reddy Ice Connect will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that Reddy Ice will try to allow uninterrupted access to the Services and Reddy Ice Connect, access to the Services and Reddy Ice Connect may be suspended, restricted or terminated at any time.
7.3 Reddy Ice does not give any warranty that the Services Reddy Ice Connect are free from viruses or anything else which may have a harmful effect on any technology.
7.4 Reddy Ice reserves the right to change, modify, substitute, suspend or remove without notice any information or Services Reddy Ice Connect from time to time. Your access to Reddy Ice Connect and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Reddy Ice will attempt to restore such access as soon as Reddy Ice reasonably can. For the avoidance of doubt, Reddy Ice reserve the right to withdraw any information or Services from Reddy Ice Connect at any time.
7.5 Reddy Ice reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
8. SUSPENSION AND TERMINATION
8.1 If you use (or anyone other than you, with your permission uses) Reddy Ice Connect, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Reddy Ice Connect.
8.2 If Reddy Ice suspends the Services or Reddy Ice Connect, Reddy Ice may refuse to restore the Services or Reddy Ice Connect for your use until Reddy Ice receives an assurance from you, in a form Reddy Ice deems acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
8.3 Reddy Ice shall fully co-operate with any law enforcement authorities or court order requesting or directing Reddy Ice to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
8.4 Without limitation to anything else in this Clause 8, Reddy Ice shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Reddy Ice Connect; (b) suspend your use of the Services and/or Reddy Ice Connect; and/or (c) suspend the use of the Services and/or Reddy Ice Connect for persons Reddy Ice believes to be connected (in whatever manner) to you, if:
8.4.1 you commit any breach of these Terms and Conditions of Use;
8.4.2 Reddy Ice suspects, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
8.4.3 Reddy Ice suspects, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Reddy Ice's rights under this Clause 8 shall not prejudice any other right or remedy Reddy Ice may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9. DISCLAIMER AND EXCLUSION OF LIABILITY
9.1 Reddy Ice Connect, the Services, the information on Reddy Ice Connect and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
9.2 To the fullest extent permitted by applicable law, Reddy Ice disclaims all representations and warranties relating to Reddy Ice Connect and its contents, including in relation to any inaccuracies or omissions in Reddy Ice Connect, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.3 Reddy Ice does not warrant that Reddy Ice Connect will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that Reddy Ice Connect will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.4 While Reddy Ice may use reasonable efforts to include accurate and up-to-date information on Reddy Ice Connect, Reddy Ice make no warranties or representations as to its accuracy, timeliness or completeness.
9.5 Reddy Ice shall not be liable for any acts or omissions of any third parties however caused, and for any direct, indirect, incidental, special, consequential or punitive damages, however caused, resulting from or in connection with Reddy Ice Connect and the Services offered in Reddy Ice Connect, your access to, use of or inability to use Reddy Ice Connect or the Services offered in Reddy Ice Connect, reliance on or downloading from the Reddy Ice Connect and/or Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
9.6 Reddy Ice shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise however and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with Reddy Ice Connect and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.7 The above exclusions and limitations apply only to the extent permitted by law.
9.8 Notwithstanding Reddy Ice's efforts to ensure that Reddy Ice's system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. Reddy Ice cannot, and does not, warrant that data transfers pursuant to Reddy Ice Connect, or electronic mail transmitted to and from Reddy Ice, will not be monitored or read by others.
10. INDEMNITY
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party's use of the Services using your user ID, verification PIN and/or any identifier number, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on Reddy Ice Connect are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2 Nothing contained on Reddy Ice Connect should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application or Customer Portal without our written permission. Misuse of any trademarks or any other content displayed on Reddy Ice Connect is prohibited.
11.3 Reddy Ice will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
12. AMENDMENTS
12.1 Reddy Ice may periodically make changes to the contents of Reddy Ice Connect, including to the descriptions and prices of goods and services advertised, at any time and without notice. Reddy Ice assumes no liability or responsibility for any errors or omissions in the content of Reddy Ice Connect.
12.2 Reddy Ice reserves the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on Reddy Ice Connect and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION
13.1 Reddy Ice Connect can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing Reddy Ice Connect both you and Reddy Ice agree that the laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Reddy Ice Connect.
You accept and agree that both you and Reddy Ice shall submit to the exclusive jurisdiction of the courts of the County of Dallas, State of Texas, in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
14. PRIVACY POLICY
This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit Reddy Ice Connect (the "Application"). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.
This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.
14.1 COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:
14.1.1 Personal Data
Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via your profile, online chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application.
14.1.2 Derivative Data
Information our servers automatically collect when you access the Application, such as your native actions that are integral to the Application.
14.1.3 Financial Data
All financial information is stored by our payment processor, HighRadius and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
14.1.4 Geo-Location Information
We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
14.1.5 Mobile Device Access
We may request access or permission to certain features from your mobile device, including your mobile device's (FaceID security, Bluetooth, location finder). If you wish to change our access or permissions, you may do so in your device's settings.
14.1.6 Mobile Device Data
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
14.1.7 Push Notifications
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
14.1.8 USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:
- Create and manage your account.
- Email you regarding your account or order.
- Fulfill and manage purchases, orders, and other transactions related to the Application.
- Generate a personal profile about you to make future visits to the Application more personalized.
- Increase the efficiency and operation of the Application.
- Monitor and analyze usage and trends to improve your experience with the Application.
- Notify you of updates to the Application.
- Perform other business activities as needed.
- Respond to product and customer service requests.
- Solicit support for the Application.
14.2 DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
14.2.1 By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
14.2.2 Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
14.2.3 Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
14.2.4 Online Postings
When you post comments, contributions or other content to the Applications, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity
14.2.5 Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Application. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
14.2.6 Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
14.2.7 Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
14.3 TRACKING TECHNOLOGIES
14.3.1 Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser's settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
14.3.2 Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
14.3.3 Website Analytics
We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users' use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser's cookies files may also clear certain opt-out cookies, plug-ins, or settings.
14.3.4 THIRD-PARTY WEBSITES
The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.
14.4 SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
14.5 POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK
FEATURES
Most web browsers and some mobile operating systems [and our Mobile Application or Customer Portals] include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
14.6 OPTIONS REGARDING YOUR INFORMATION
14.6.1 Account Information
You may at any time review or change the information in your account or terminate your account by: [Choose from the options below, or add your own]
- Logging into your account settings and updating your account
- Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
14.7 CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.
14.8 CONTACT US
If you have questions or comments about this Privacy Policy, please contact us at:
Reddy Ice
5710 Lyndon B Johnson Freeway Suite 300
Dallas, TX, 75240
866.821.2548
customerapp@reddyice.com
