About these terms

In these terms, ‘IBSA’ means Innovation & Business Industry Skills Council Ltd ACN 109 600 302, ‘you’ means the person whose details are entered in the ‘Address’ section during the online purchase process or, if the order is made offline, the person whose details are on the downloaded order form submitted to IBSA, and ‘Online Store’ means the online store accessible under the ‘Products and Services’ tab at www.ibsa.org.au.  Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms.  In most cases, their meanings are set out below at the end of these terms but some meanings are set out in the body of this document.

When an order placed by you in accordance with these terms is accepted by IBSA, the Order and these terms form a contract between IBSA and you.  That contract for the supply of products that are listed on the IBSA Online Store and that IBSA agrees to supply to you under these terms is referred to throughout these terms as the Contract.  The Contract cannot be varied unless IBSA agrees to vary it in writing or by email.

IBSA reserves the right to vary these terms from time to time by posting amendments to this website.  The amendments will take effect immediately they are posted.

Orders, prices and payment

By listing products for sale on the IBSA Online Store, IBSA is inviting you to do business with IBSA but is not offering to supply any particular products.

You may place an order online by following the specified steps in the IBSA Store Checkout or by filling out an order form and faxing it to the number specified on the form. (Order Forms can be provided by contacting IBSA on 03 9815 7000). Orders will not be accepted by IBSA if they are in any other form.

Prices for Products listed on the Online Store and downloadable order forms are inclusive of GST.  You must also pay any postage, freight and handling charges specified on the OnlineStore or the downloaded order form that you use to submit your Order.

You may pay for the Products you have ordered using the payment methods specified in the IBSA Store Checkout or the order form.  When you submit credit card details via the Online Store, IBSA obtains a pre-approval from the credit card provider for the amount specified in your Order.  That amount is billed to the nominated credit card when the Products specified on the Order are shipped.

Cancellation

You may not cancel an Order once it is submitted, whether by fax or online.  IBSA reserves the right to refuse to supply an Order that you submit, even if you have paid for the Order, and IBSA is not obliged to give any reason for the refusal.  If IBSA cancels an Order after you have paid for it, the amount paid will be refunded as soon as reasonably practicable.

Shipping

IBSA will send the Products specified in your Order to the shipping address specified in the Order.  IBSA will use commercially reasonable endeavours to make sure that the Products are shipped within any time estimates given before or at the time you submit your Order.  However, IBSA does not promise that  shipping will occur within the estimated time or at all.  IBSA will not be liable to you at all, whether under the terms of the Contract or in negligence or otherwise, for any late delivery of, or failure to deliver, the Products.

Title in the Products will pass to you when payment in full is received by IBSA. Risk of loss of or damage to the Products passes to you when the Products are delivered to you or your agent.

Product returns

You must obtain a Returns Claim Number from IBSA prior to returning any Products.  Products may not be returned unless you obtain a Returns Claim Number within 14 days after you receive the Product.  No refund will be provided for Products unless they are returned within 14 days after you receive the Returns Claim Number. Please contact IBSA to acquire your Returns Claim Number if you need one.

IBSA will not give refunds for a Product comprising CD's, DVD's and any other electronic media unless you are able to demonstrate, to IBSA’s reasonable satisfaction, that the Product was unuseable when delivered. The procedure in the preceding paragraph must also be followed for those Products. 

No refunds will be given for Products that you or any person not authorised by IBSA has repaired or attempted to repair.

Our liability to you

The only warranties, conditions or other terms that are binding on IBSA are those expressly stated in the Contract. To the extent permitted by law, any term concerning the Products or any service that we provide to you which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded from the Contract.

However, nothing in the Contract excludes, restricts or modifies any term implied into this Contract  if the exclusion, restriction or modification would be illegal or would render void any provision of the Contract.

Subject to the previous paragraph:

• IBSA will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
• IBSA’s maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise will in mot exceed the amount payable by you to IBSA in respect of the Product or Products for which the liability arises.

Other terms

IBSA will not be liable for any loss or damage suffered or incurred by you arising from any delay by IBSA in fulfilling or failure to fulfil or otherwise discharge any of its obligations under the Contract, if the delay or failure is caused by anything beyond IBSA’s reasonable control.

IBSA’s privacy policy applies to any personal information that you submit on an Order or otherwise provide to IBSA when you purchase or offer to purchase Products from IBSA.

The terms of the Contract replace all previous representations, arrangements, understandings and agreements between you and IBSA relating to its subject matter and contain the entire agreement between you and IBSA relating to that subject matter.  The Contract is governed by the laws of Victoria and you and IBSA each irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.

Definitions

Contract means the agreement between IBSA and you that is formed when IBSA accepts an Order.

Order means an order that you place in accordance with these terms.

Product means a product listed on the IBSA Online Store that IBSA agrees to supply to you in accordance with these terms.