Terms of service

1. Introduction

1.1. Welcome to The Ice Syndicate website. This website can be accessed at www.icesyndicate.com, related mobi-sites and Apps (“the Website”) and is owned and operated by The Ice Syndicate (Pty) Ltd, registration number 2025/123130/07 (“Ice Syndicate”, “we”, “us” and “our”).

1.2. The terms and conditions as set out herein incorporate any other Policies on the Website the installation, access and/or use of the Website ("Terms and Conditions").

1.3. The terms “user”, “you” and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing the Website for any reason whatsoever.

1.4. By using the Website in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions, which may change without notice from time to time. You must not use the Website if you do not agree to the Terms and Conditions.

1.5. The Website enables you to, inter alia, browse online for a range of Goods (as defined in terms of clause 6 below), access information about our Goods and services and the ability to order them.

2. Important Notices

2.1. These Terms and Conditions may apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions which:

2.2.1. may limit the risk or liability of The Ice Syndicate and/or

2.2.2. may create risk or liability for the user; and/or

2.2.3. may compel the user to indemnify The Ice Syndicate and/or

2.2.4. serves as an acknowledgement, by the user, of a fact.

2.3. These provisions are highlighted for clarity and your attention is drawn to them because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The Ice Syndicate to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or The Ice Syndicate in terms of the CPA.

3. Definitions

In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context:

3.1. “Apps” means any online application software that is provided by The Ice Syndicate that you install or download from an online application store and access via a mobile device, including but not limited to, any smartphone and/or tablet device.

3.2. “Business Days” means between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.

3.3. “Customer Centre” means our customer call centre, telephone number 021 286 3440 (South Africa) or email info@icesyndicate.com

3.4. “Goods” means all products or services displayed on our website

3.5. "Policies" means the various "The Ice Syndicate" policies contained in or referred to herein and on our Website, including but not limited to the Privacy Policy, Returns Policy and Frequently Asked Questions (“FAQs”) and product information, which form part of these Terms and Conditions and which may be updated from time to time.

4. Capacity

Only persons aged 18 (Eighteen) years or older may access and/or utilise this Website. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian.

5. Your Account

The Ice Syndicate grants you a limited license to access and make personal use of the Website. If you use and/or register on this Website, you are responsible for maintaining the accuracy of your profile and the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Ice Syndicate and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Any personal information (as defined in the Protection of Personal Information Act 4 of 2013) that you provide to The Ice Syndicate via the Website is subject to our Website Privacy Policy, which governs our collection and processing of your personal information provided via, inter alia Website. You understand that through your use and/or registration of the Website you consent to the processing of your personal information as set forth in the Website Privacy Policy.

6. Orders

6.1. The Ice Syndicate does not sell goods directly from this website

6.2. All orders must be placed directly with The Ice Syndicate via phone or in person.

6.3. This website serves as a display catalog of the type of goods that are available from The Ice Syndicate.

7. Stock Availability

All items displayed on the website are custom made to order. You acknowledge that we do not hold stock of any Goods on offer.

8. Errors

8.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, to the extent permitted by law, the information displayed on our website is provided without any guarantees, conditions or warranty as to its accuracy. Should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in The Ice Syndicate Returns Policy.

8.2. You are encouraged to contact us to report any possible malfunctions or errors by way of email to our Customer Centre.

9. Risk and Ownership

Once the order has been delivered or collected by you, the risk in and to the Products will pass to you as the Customer.

10. Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

11. Review, Comments and Social Media Platforms

11.1. The Ice Syndicate is or will be active on Twitter, Facebook, Instagram, Pinterest, Snapchat, YouTube, TikTok and other social media platforms from time to time (“Social Media Platforms”).

11.2. You may post reviews, comments, suggestions, ideas, questions or other information through the Website and social media platforms, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

11.3. Although The Ice Syndicate does not purport to review (nor is The Ice Syndicate under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and social media platforms where we deem such content, in our sole and absolute discretion, to be an infringement of this clause 18 or harmful in any way whatsoever. Should you place on or submit to the Website or social media platforms any such harmful content or should you breach any clause in these terms and conditions, we may immediately terminate and/or suspend your access to all or parts of the Website or social media platforms, without any further notice to you.

11.4. If you do post content or submit material, and unless we indicate otherwise, you grant The Ice Syndicate and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Ice Syndicate and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify The Ice Syndicate or its affiliates for all claims resulting from content you supply. The Ice Syndicate has the right but not the obligation to monitor and edit or remove any activity or content. The Ice Syndicate takes no responsibility and assumes no liability for any content posted by you or any Third-Party.

12. Copyright and Intellectual Property Rights

12.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of The Ice Syndicate, its suppliers, partners, advertisers and/or sponsors and/or is licensed to The Ice Syndicate. The unauthorised submission, removal, modification or distribution of Website content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.

12.2. You will not acquire any right, title or interest in or to the Website or the Website content.

12.3. You may not "mirror" any content contained on the Website on any other server unless with the prior written permission of The Ice Syndicate.

12.4. Where any of the Website content has been licensed to The Ice Syndicate or belongs to any Third-Party, your rights of use will also be subject to any terms and conditions which that licensor or Third-Party imposes from time to time and you agree to comply with such Third-Party terms and conditions.

13. License and Site Access

The Ice Syndicate grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Ice Syndicate. This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The Ice Syndicate. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Ice Syndicate and our affiliates without express written consent.

14. Hyperlinks, Deep Links

14.1. This Website may contain links or references to other websites or social media sites (“Third-Party Websites”). Links to such Third-Party Websites are provided for your convenience, but they are beyond the control of The Ice Syndicate and do not imply any endorsement, agreement on or support of the content, products and/or services of such Third-Party Websites. These Terms and Conditions do not apply to those Third-Party Websites and The Ice Syndicate are not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

14.2. Notwithstanding the fact that the Website may refer to or provide links to Third-Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.

14.3. Hyperlinks to the Website from any other source shall be directed at the home page of this Website and shall not portray The Ice Syndicateor its members, associates, partners or their products and/or services in a false, misleading, derogatory, or otherwise offensive matter. Links beyond the homepage of this Website may only be used with The Ice Syndicate's prior written consent.

15. Advertising and Sponsorship

15.1. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.

15.2. The Ice Syndicate, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

16. Changes, Suspension and Termination

16.1. We may alter and/or amend the Website at any time without giving notice to you.

16.2. We may suspend or terminate the Website at any time without giving notice to you. You agree that The Ice Syndicate will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

16.3. Without any prejudice against any claims for damages or otherwise that we may have against you, we may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these Terms and Conditions.

16.4. Such termination shall not affect any right or remedy to relief to which The Ice Syndicate may be entitled.

16.5. Upon termination of the Website or your account, all rights granted to you will terminate and revert to The Ice Syndicate.

16.6. The Ice Syndicate may at any time modify these Terms and Conditions without notice to you. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.

16.7. We will, however, give you notice where we have collected personal information from you and the purpose for which we collect that information is affected by the intended modification.

16.8. We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the Terms and Conditions available on the Website whenever you visit the Website.

17. Disclaimer

17.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

17.2. Whilst The Ice Syndicate takes reasonable measures to ensure that the content of the Website is accurate and complete, The Ice Syndicate makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

17.3. The Ice Syndicate (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, agents and/or representatives) disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

17.4. Any views or statements made or expressed on the Website are not necessarily the views of The Ice Syndicate, its directors, employees and/or agents.

17.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Ice Syndicate also makes no warranty or representation, whether express or implied, that the services, information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of The Ice Syndicate, its employees, agents or authorised representatives. The Ice Syndicate thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement, or for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses.

17.6. The Ice Syndicate reserves the right to hold users liable for any losses suffered by The Ice Syndicate arising out of such users’ misuse of this Website or the commission of cybercrime committed by the users on or in relation to this Website.

18. Limitation of Liability

18.1. The Ice Syndicate (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, agents and/or representatives) shall not be liable for any direct, indirect, incidental, special or consequential loss or damages of any nature which might arise from your access to, use of, or reliance upon, the Website or the content contained in the Website; or your inability to access or use the Website, and/or unlawful activity on the Website and/or any linked third party website.

18.2. To the extent permitted in law, you hereby indemnify The Ice Syndicate against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked Third-Party Website.

18.3. The Ice Syndicate shall not be liable to you in contract, delict (including for negligence) or otherwise for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes, labour disputes, infectious or contagious disease, virus, epidemic, pandemic or natural or physical disaster, lockdown, acts of God or forces of nature, war, riot, civil action, malicious acts or damage, compliance with any law, governmental or regulatory order, rule, regulation or direction, any act or omission of any government or other competent authority, accident, equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment, the failure of third party suppliers to comply with their obligations to us, fire, flood or storm).

19. Governing Law and Jurisdiction

19.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

19.2. In the event of any dispute arising between you and The Ice Syndicate, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

19.3. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

20. Breach

Should you breach and of these Terms and Conditions we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.

21. Disclosures Required in Terms of Section 43 of The Electronic Communications and Transactions Act 25 of 2002

21.1. Full name: We are The Ice Syndicate Proprietary Limited, a private company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”).

21.2. Physical address: Unit 23 Somerset Square, 55 Somerset Road, Greenpoint, Cape Town, 8005, SA.

21.3. Telephone number: 0212863440

21.4. Website address: www.icesyndicate.com

21.5. Email address: info@icesyndicate.com

21.6. Registration number: 2025/123130/07

21.7. VAT Registration Number: N/A

21.8. Country of incorporation: South Africa

21.9. Main business: The function of this Website is to provide a facility for users to browse merchandise via the Website.

22. Contact

The Ice Syndicate public officer can be contacted at simon@icesyndicate.com.

23. Severability

23.1 Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

23.2 No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause mutatis mutandis.