IBSA reserves the right to vary these terms at anytime by posting amendments to this website. These amendments will take effect immediately at the time of posting, unless otherwise stated.
(a) Contract means the agreement between IBSA and You that is formed when IBSA accepts an Order.
(b) Intellectual Property Rights means all intellectual property rights including, but not limited to, the following:
- (i) patents, copyright, trademarks, domain names and any right to have confidential information kept confidential;
- (ii) an application of right to apply for registration of any of the rights referred to in paragraph (a); and
- (iii) all rights of a similar nature to any of the rights in paragraphs (a) and (b), whether or not such rights are registered or capable of being registered.
(c) International Orders means any order placed from outside of Australia or for which delivery outside of Australia is required.
(d) National Key Account Manager means a representative of IBSA who has been designated to manage your account as notified by IBSA from time to time.
(e) Order means an order that You place in accordance with these terms.
(f) Product means a product listed on the IBSA Online Store that IBSA agrees to supply to You in accordance with these terms.
(g) PMSI means a Purchase Money Security Interest as defined by the PPSA.
(h) You means the person or organisation whose details are entered upon registering to the website during the online purchase process or, if the order is made offline, the person or organisation whose details are on the downloaded order form submitted to IBSA.
(i) IBSA means Innovation & Business Industry Skills Council Ltd ACN 109 600 302.
(j) Online Store means the online store accessible at store.ibsa.org.au.
(a) 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. This Contract is for the supply of Products that are listed on the IBSA Online Store and that IBSA agrees to supply to You under these terms. The Contract cannot be varied unless IBSA agrees to vary it in writing by email or by mail.
(b) 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.
(c) Subject to the Competition and Consumer Act 2010 (Cth) (“CCA”) and the Fair Trading Act of each State or Territory of Australia (“FTA”), IBSA will not be liable to You for any loss, cost or other claims.
(d) Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA, except to the extent permitted by those Acts where applicable.
(e) 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.
(f) By placing an Order You acknowledge that:
- (i) You have the authority to enter into this Contract if placing an order on behalf of an organisation
- (ii) You have made all enquiries and conducted all reasonable investigations to satisfy Yourself in relation to the suitability and quality of the Product
- (iii) except to the extent required by law, IBSA gives no warranty and makes no representation that the Product is:
- (aa) fit for any purpose or for the purpose for which it is required by You;
- (bb) of merchantable quality; or
- (cc) not defamatory or contrary to any law applicable.
(g) You must:
- (i) make sure that any notices relating to Intellectual Property Rights appearing on the Product or literature relating to the Product are not altered or removed;
- (ii) make sure that each student or organisation utilising the Product agrees that they will not use the Product or any materials relating to the Product, for any purpose other than completing the relevant unit and the student or organisation will not supply those materials to any other person or organisation;
- (iii) not purchase copies of the Product from any person other than IBSA representatives;
- (iv) if the Product contains any software, not alter or reverse engineer the software or any part of it without the written approval of IBSA;
- (v) not directly or indirectly authorise any person to manufacture copies of the Product or any other materials derived from or using the Product; and,
- (vi) do all things necessary, including providing assistance to IBSA, to make sure that unauthorised copies of the Product are not made available by any means, distributed or offered for sale or hire by any person;
- (vii) not make the Product or part of the Product publicly available online or to the general public.
(h) You must not without prior written approval from IBSA:
- (i) reproduce the Product or any part of it;
- (ii) directly or indirectly permit or assist any person other than IBSA to reproduce the Product or any part of it.
3. Intellectual Property
(a) You must not without prior written approval from IBSA directly or indirectly permit or assist any person other than IBSA to reproduce the Product or any part of it.
(b) Intellectual Property rights in the Products and website including, but not limited to, graphics, book titles, text, layout, logos and trade marks shall remain vested in IBSA at all times and shall only be used by you at IBSA’s absolute discretion.
(c) You agree that you will not reproduce, modify, translate, transmit, distribute or use for commercial purposes any material or Product owned by IBSA without IBSA;s express written approval.
(a) You may place an Order via:
- (i) the IBSA Online Store or an email to your National Key Account Manager
- (ii) Order form – sent via email, fax or mail
- (iii) email*.
* The email must include that same information required on the order form. IBSA reserves the right to refuse an Order should these details not be included.
(b) IBSA will not accept Orders by any other method, i.e. IBSA will not accept Orders via telephone.
(c) Once an order is placed through the Online Store You will receive an automated confirmation email of your Order. If you do not receive the confirmation email please contact IBSA.
Prices for Products listed on the Online Store and Order forms are in Australian dollars and are inclusive of GST. The recommended retails prices are subject to change without notice. You must pay any postage, freight and handling charges specified.
Discounts can only be applied when an Order is placed by a member of the IBSA Customer Service Team or an IBSA National Key Account Manager. If You place an Order via the website, a discount cannot be applied unless you have a coupon code. If You would like to discuss discounts please contact the Customer Service Team and request to speak with an IBSA National Key Account Manager.
7. Credit Terms and Conditions
(a) A customer wishing to purchase Products on credit from Innovation & Business Skills Australia (IBSA) must be approved by an IBSA National Key Account Manager. A customer must contact an IBSA National Key Account Manager to discuss their Order and credit requirements if they want to purchase on credit.
(b) Approval of business credit will be subject to a credit check. The applicant will be advised of the outcome of the business credit application.
(c) Payment terms are 14 days from invoice date.
(d) Clients who place an Order on credit will need to complete a “Business Credit Application Form” and return to IBSA:
- Fax: 03 9815 7001
- Email: firstname.lastname@example.org
(e) The invoice will be created and emailed to You within two business days of the Order being placed. If an undeliverable message is received when the invoice is emailed, the IBSA Customer Service Team will either call the customer to confirm a new email address or it will be posted using the invoice address listed on the Order.
(a) Orders will not be processed without payment, unless You have arranged credit terms with IBSA.
(b) If the customer is either an individual or an international organisation the Order must be pre-paid.
(c) Orders placed online must be paid via MasterCard or Visa at the time of purchase.
(d) Orders placed via Order form or email can be paid via MasterCard, Visa or AMEX (AMEX 3% surcharge)
(e) Invoices may be paid via credit card, cheque or direct deposit.
9. Cancellations and Alterations
(a) You may not cancel or alter an Order once it is submitted.
(b) IBSA may cancel any Contract at any time before the Product is delivered by giving written notice to you. On giving such notice, IBSA will repay any sums paid by you to IBSA in respect of the Products as soon as is practicable. IBSA shall not be liable for any loss or damage whatsoever arising from such cancellations.
(c) If Your Order relates to a “print on demand” Product and printing has commenced, then a cancellation of that Order will not be accepted under any circumstances, You may elect to cancel delivery of Your Order, however, You will remain liable for the full price of the Product.
(a) For all Products ordered, IBSA makes all endeavours to ensure that the Products ordered are delivered to the nominated delivery address within 7-10 business days.
(b) Depending on the workload of our printer, priority delivery may be organised prior to an Order being placed upon request to a member of the IBSA Customer Service Team. Please note IBSA will not cover any additional delivery charges. It is the responsibility of You to pay any priority freight charge. IBSA cannot guarantee that an Order can be sent as a priority.
(c) IBSA cannot accept PO Box, GPO Box or non-specific street delivery addresses. The delivery address stated must be a physical street address, and You must ensure someone is available to sign for the delivery within business hours.
(d) For this reason IBSA recommends that you state your delivery address as your organisation’s street address (if it is occupied during business hours i.e. 9.00am – 5.00pm), rather than a private address.
(e) Private Home Deliveries
- (i) Victoria
Victorian orders are delivered by local couriers. Please note service may vary depending on the location and/or if the receiver is home at the time of delivery. It is the receiver’s responsibility to follow up any attempted deliveries as per the instructions left by the courier.
- (ii) All other locations
If the receiver is home: Normal delivery service is completed and the receiver signs for the goods.
If the receiver is not home: Depending on the location of the delivery, the courier has the choice to either return the goods back to the local depot or deliver to the closest Australia Post Outlet. Regardless of the choice made, the receiver will be left with an ‘Attempted Delivery Advice’ card. It will state that the courier driver has attempted to deliver on (certain) day and that the goods have been ‘returned to the depot’ or are ‘available at (certain) post office’ for collection. Once the receiver has been left this ‘Attempted Delivery Advice’ it is now their responsibility as to which action they choose to take i.e.:
- call the depot to request another delivery at a future date
- call the depot to arrange to collect the goods themselves
- if delivered to a post office, to collect the goods during standard Australia Post operating hours. Please note: You must be able to provide identification at the time of collection to verify that you are the person to whom the goods are addressed.
- (iii) Freight charges are inclusive of GST and are subject to change without notice.
- (iv) Freight charges can be found on the Order forms and on the Online Store.
11. Purchasing Policy
(a) Orders placed via the Online Store must be paid via MasterCard or Visa at the time of ordering.
(b) Orders placed on credit must be paid in full within 14 days of the invoice date.
(c) Orders placed on credit MUST be pre-approved by an IBSA National Key Account Manager.
(d) Should You/Your organisation have monies outstanding with IBSA for 30+ days, your Order will not be authorised.
(e) Orders are binding on the organisation when You submit an Order and the Order will be deemed completed when the Products are delivered to the delivery address on the Order form or the Online Store.
(f) Ownership of Products remains with IBSA until full payment is made.
12. Retention of Title and Personal Property Securities Act 2009 (Cth) (“PPSA”)
(a) Ownership of the Products will remain vested in IBSA and shall not pass to you until all moneys owing to IBSA have been paid in full.
(b) In this clause 12:
- (i) Financing Statement has the meaning given to it by the PPSA;
- (ii) Financing Change Statement has the meaning given to it by the PPSA;
- (iii) Security Agreement means the security agreement under the PPSA created by the formation of this Contract; and
- (iv) Security Interest has the meaning given to it by the PPSA.
- (i) constitute a Security Agreement for the purposes for the PPSA; and
- (ii) create a Security Interest in all Products previously supplied by IBSA to you (if any) and all Products that will be supplied in the future by IBSA to you.
(d) For the avoidance of doubt, the Retention of Title in relation to the Products which are supplied to you under any Order gives rise to a PMSI Security Interest in the Products in favour of IBSA.
(e) For the avoidance of doubt, IBSA may register its PMSI and Security Interest on the PPS Register and, where necessary, amend the registration.
(f) You undertake to:
- (i) promptly sign any further documents and/or provide any further information which IBSA may reasonably require in order to:
- (ii) register a Financing Change Statement in relation to a Security Interest on the Personal Property Securities Register (“PPSR”);
- (iii) register any other document required to be registered by the PPSA in order to secure IBSA’s interest; or
- (iv) correct a defect in a Statement referred to in clause 12(a)(i) or 12(a)(ii).
- (v) not register a Financing Change Statement in respect of a Security Interest held by IBSA without IBSA’s prior written consent;
- (vi) not register, or permit to be registered a Financing Statement or a Financing Change Statement in relation to the Products in favour of a third party under any circumstances;
(g) IBSA and You agree that Sections 96, 115 and 125 of the PPSA do not apply to the Security Agreement created by these Terms and Conditions and you hereby waive your rights to receive notices under Sections 95, 118, 121(4), 130, 132(3) and 132(4) of the PPSA.
(h) You waive your right to the grantor and/or debtor under Sections 142 and 143 of the PPSA.
(i) Unless otherwise agreed to in writing by IBSA, you waive your right to receive a Verification Statement in accordance with Section 157 of the PPSA.
(j) You shall unconditionally ratify any actions taken by IBSA under the above clauses.
13. Returns Policy
(a) You shall inspect the Products on delivery and shall within seven (7) days of delivery notify IBSA of any alleged defect, shortage in quantity, damage or failure to comply with the description.
(b) IBSA’s liability is limited to replacing the Products except where you have acquired the Products as a consumer within the meaning of the CCA or the FTA and are therefore also entitled to either a refund of the Purchase Price or replacement of the Product.
(c) IBSA will not exchange, refund or credit Products if You change your mind or have Ordered in error.
(d) Claims must be made within 7 days of receipt of goods.
(e) IBSA reserves the right to request proof of faulty or damaged Products.
(a) If any provision of these Terms and Conditions shall be deemed invalid, void, illegal or unenforceable, then the validity, legality and enforceability of the remaining provisions shall not be effected, prejudiced or impaired.
(b) If any provisions of these Terms and Conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of any inconsistency.
(c) In the event of any breach of this Contract by IBSA, the remedies available to You shall be limited to damages which shall not exceed under any circumstances, the price of the Products.
(d) In the event of a breach of this Contract by You, IBSA’s remedies shall include, but not be limited to damages, recovery of legal costs and access to Your records for audit.
(e) You shall not be entitled to set-off or deduct from the purchase price any sums owed or claimed to be owed to You by IBSA.
(f) You shall not be entitled to withhold payment of any invoice because part of that invoice is in dispute.
(g) IBSA may licence or subcontract any or all of its obligations under this Contract without Your consent.
(h) These Terms and Conditions and any Contract to which they apply are governed by the laws of Victoria and are subject to the jurisdiction of the Courts of Victoria.
(i) The failure by IBSA to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect IBSA’s right to subsequently enforce that provision.