Terms and conditions

Orders delivered in Spain: the seller is Aveniro SL (NIF B27686534, Partida Cap Blanch 85, 03590 Altea, Spain). Where these terms refer to ICESCAN in connection with the sale, delivery, withdrawal and returns of those orders, this means Aveniro SL.

These General Terms and Conditions form part of the agreement between you – users included – and ICESCAN®. ¹ The contractual agreement is inseparably linked to these General Terms and Conditions, which ICESCAN, as the party using them, provides and which are also made available electronically on the website https://www.icescan.nl, where you can download them and save them on your computer or smartphone. You accept the contractual agreement in its entirety, including the application of the General Terms and Conditions to the use of (the services of) ICESCAN.

1. Introduction

1.1. Definition of ICESCAN: an ICESCAN® product can be scanned by any modern smartphone. To do so, hold the smartphone close to the bracelet to make contact with the NFC chip. The emergency details are then displayed on the smartphone. You can easily update these details yourself.

1.2. Right of withdrawal: if you choose to cancel your order, you may do so within 14 days of the order being confirmed to you, without giving any reason. You can cancel your order by notifying us. To cancel your order in time, you must send your cancellation notice by email before the 14-day period has expired. You will receive a refund of the purchase price no later than 14 days after we receive your cancellation request. The amount will be refunded using the same payment method you used for the payment transaction, and you will not be charged for this refund.

1.3. ICESCAN is not responsible for any loss resulting from unauthorised use of your user account created through the ICESCAN product. If you suspect that your account has been used without authorisation, please contact ICESCAN.

2. ICESCAN services

2.1. Our services are made available to you for use in your country or place of residence, wherever internet access is available. To use the ICESCAN, you or a third party must have a mobile phone (smartphone) and an internet connection. The functioning of the ICESCAN may depend on these factors. Data is uploaded via a laptop/computer or via a phone. The information can only be read from the ICESCAN using a phone with an internet connection.

2.2. Through the ICESCAN you can arrange for a communication to take place free of charge. Each communication constitutes an electronic transfer of data between you and ICESCAN and/or between you and the person using our services (third parties). You can manage your ICESCAN through My ICESCAN.

3. Privacy

ICESCAN will make reasonable efforts to protect the information you submit in connection with the service, including against fraudulent use. Your use of ICESCAN is subject to the ICESCAN privacy policy, which you can find at https://www.icescan.nl/en/privacy-policy/

4. Rules of use

4.1. When using the ICESCAN services, you must observe the instructions for use and these terms. Any other use of the services constitutes a material breach of this agreement.

4.2. You may use the services for personal, non-commercial purposes only. The services may only be accessed using ICESCAN software; you are not permitted to modify it.

5. Changes to these terms

5.1. ICESCAN is entitled at any time to amend or supplement this agreement or to impose new conditions on your use of ICESCAN, which may be necessary if, for example, ICESCAN adds a new service or if the applicable legislation changes.

5.2. All amendments and additions will be announced on the website, will take effect immediately and will then form part of this agreement. You agree to the amendments; otherwise ICESCAN is entitled to terminate the agreement with effect from the date of the amendments, and you may no longer be able to use the ICESCAN to which this agreement applies in the future.

6. Third-party devices

You may not be able to use the ICESCAN if you want to read data using a device that is not compatible.

7. Use of information

7.1. Except where prohibited by law, you hereby grant ICESCAN a worldwide, royalty-free, perpetual, non-exclusive right to use the information you provide in connection with the use of the ICESCAN and related marketing activities, as well as for ICESCAN's internal purposes. ICESCAN may review or remove that information.

7.2. Guidelines for submitting information. You may not use the ICESCAN to:

• post information for which you do not have permission, the right or a licence to use, or which infringes the rights of any third party;
• post personal, private or confidential information about others;
• ask a minor for personal information;
• impersonate another person or misrepresent your relationship with another person or entity;
• post an unfair, offensive, harmful or misleading rating or review, or one given in bad faith;
• plan or take part in any other unlawful, fraudulent or manipulative activities.

8. Consent to the use of data

8.1. ICESCAN may collect and use unencrypted technical data. For you as a user of an ICESCAN product, this is limited to the email address you use, so that we can communicate with you about technical information, product support and other services.

8.2. You declare that you will not use the external services in a way that is intimidating, threatening, aggressive or defamatory towards any other party, and that ICESCAN is not responsible for any such use. ICESCAN services may not be offered in all languages or in your country of origin, and may not be suitable or available for use in a particular location.

9. Liability

9.1. ICESCAN will exercise reasonable care and skill in providing the service. ICESCAN makes no other commitments and gives no other warranties in respect of the services, and under no circumstances gives any warranty beyond the statutory warranty.

9.2. ICESCAN will exercise reasonable care and skill in providing the services it performs. ICESCAN makes no other commitments and gives no other warranties in respect of the external services and, in particular, does not guarantee that:

i. use of the external services will be uninterrupted and free from errors;

ii. the external services will be free from damage, corruption, attacks, viruses, tampering, hacking or other security breaches: ICESCAN accepts no liability whatsoever for these.

9.3. ICESCAN is not responsible or liable for third-party materials that form part of the services.

9.4. ICESCAN, its directors, officers, employees or affiliated companies shall in no event be liable for loss or damage where:

i. there has been no breach of its statutory duty of care towards users;

ii. that loss or damage results from a breach of this agreement;

iii. that loss or damage relates to loss of income, business or profits, or to the loss of or damage to data in connection with your use of ICESCAN;

iv. the loss or damage results from a decision by ICESCAN to remove information or content or to deny you access to it, to suspend or terminate your access to the service, or to take any other measure during an investigation into a suspected breach, or results from ICESCAN's conclusion that a breach of this agreement has occurred.

9.5. If you breach this agreement, you will be liable to ICESCAN, its directors, officers, employees, affiliated companies, representatives and contractors for any claim arising from your breach. You will also be liable for any measures ICESCAN takes as part of its investigation into an alleged breach of this agreement, or as a result of its conclusion or decision that a breach of this agreement has occurred.

10. Intellectual property

10.1. You acknowledge and accept that the information used to provide the ICESCAN services is proprietary information owned by ICESCAN and protected by applicable intellectual property laws and other legislation.

10.2. You undertake to use such proprietary information and materials solely in connection with the services and for personal, non-commercial use in accordance with the provisions of this agreement.

10.3. You may not reproduce the services, or any part of them, in any form or by any means, except as expressly permitted in this agreement. No part of the ICESCAN may be transferred or reproduced in any form or by any means, except as expressly permitted by this agreement.

10.4. You agree not to modify, rent out, lend, sell, share or distribute the services or content in any way, and you will not exploit the services in any way that is not expressly permitted.

10.5. The ICESCAN name, the ICESCAN logo and the ICESCAN designs, images and logos used in connection with the services belong to ICESCAN and are protected. You do not acquire any right or licence in respect of the ICESCAN brand.

11. Termination

11.1. ICESCAN is entitled at any time to change, suspend or discontinue the services, with or without prior notice, for technical or operational reasons; ICESCAN is not liable to you or to any third party when it exercises such rights. ICESCAN will notify users through the website before any change, suspension or discontinuation of the service. Discontinuation of the service does not affect the ICESCAN itself, but you may no longer be able to make full use of the service.

11.2. If you are a recognised public educational institution or government body and, under applicable law, this agreement does not apply to you in whole or in part or cannot be enforced against you, for example with regard to indemnification, the relevant part shall be deemed invalid or unenforceable, as the case may be, and shall instead be interpreted in a way that comes as close as possible to the intent of the provisions of applicable law.

12. Governing law

12.1. Except as expressly provided otherwise below or as required by applicable law, this agreement and the relationship between you and ICESCAN, as well as all transactions carried out through the ICESCAN, are governed by Dutch law, excluding its conflict-of-laws rules.

12.2. You and ICESCAN agree that the Dutch courts have exclusive jurisdiction to hear any disputes and claims arising from this agreement, excluding the conflict-of-laws rules, and you hereby irrevocably accept the non-exclusive jurisdiction of the Dutch courts.

12.3. If you are resident in a member state of the European Union or in the United Kingdom, Switzerland, Liechtenstein, Norway or Iceland, the governing law and the competent courts are the law and the courts of the country in which you are habitually resident.

12.4. No part of section 6.5.3 of the Dutch Civil Code (Burgerlijk Wetboek) applies to international agreements.

12.5. The application to this agreement of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13. Miscellaneous

13.1. This agreement constitutes the entire agreement between you and ICESCAN, applies to your use of the services and supersedes all previous agreements between you and ICESCAN on the same subject.

13.2. When you carry out a transaction or use related third-party services, content or software, additional terms may apply to you.

13.3. If any part of this agreement proves to be void or unenforceable, that part shall be interpreted – in accordance with applicable law – in such a way that the original intentions of the parties are reflected as closely as possible, and the remaining parts shall remain in full force and effect. If ICESCAN does not enforce any right or provision of this agreement, this does not mean that ICESCAN waives that or any other provision.

13.4. ICESCAN is not responsible for any failure to fulfil an obligation as a result of causes beyond its control.

13.5. Other legislation may also apply to your use of the ICESCAN.

13.6. The risk of loss of transactions delivered electronically passes to the purchaser at the moment of electronic transmission to the recipient.

13.7. No employee or representative of ICESCAN is authorised to amend this agreement.

13.8. ICESCAN may give you notices in connection with the services by sending an email to your email address or by posting a notice on the website. Notices take effect immediately. ICESCAN may also contact you by email to provide further information about the services.

13.9. You hereby grant ICESCAN the right to take any steps that ICESCAN believes are reasonably necessary or appropriate to verify or enforce compliance with any part of this agreement.

13.10. You accept that ICESCAN has the right, without any liability to you, to disclose data and/or information to law enforcement agencies, government bodies and/or third parties if ICESCAN believes this is reasonably necessary or appropriate to verify or enforce compliance with any part of this agreement (including but not limited to ICESCAN's right to cooperate in legal proceedings relating to your use of the services and/or content and/or to a third-party claim that your use of the services and/or content is unlawful and/or infringes that third party's rights).

14. Customer service

If you have any questions about the ICESCAN, please go to https://www.icescan.nl/en/, where you can contact us by email.

¹ ICESCAN® is owned by BYA Management B.V., Dutch Chamber of Commerce (KvK) number 64675114, the Netherlands / T&C 04-2023.