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Terms of Service

These Terms of Service for Customers (“Terms”) apply to all clients and customers, or all potential clients and customers of IVY Business Services [ABN 98731790974] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our Website and Services form an agreement with us (“Agreement”). “You” could be any client or customer of ours. If you do not agree, you cannot purchase any of our Products online. We may change this Agreement at any time, and by continuing to use or access our Website and Services, you are accepting those changes.

 

BEFORE PURCHASE

Things you must do before purchasing Products on our Website

You must:

  • be 18 years old or have parental consent;

  • provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;

  • pay for the Product via the published payment methods available;

  • have any special offer coupons ready as they must be used at the time of purchase to apply; they cannot be applied retrospectively; and

  • ensure you have adequate technology set up and internet access to receive any digital products.

 

How it works

The Products we sell are policy templates, various document templates including service agreement templates for NDIS, specifically tailored to Equine & Animal Assisted Therapists. You may purchase a Product by adding it to your cart and making a payment on the Website through the published methods. After we receive the payment, you will be redirected to a portal where you can fill in your Content and then download your Product.

 

Acknowledgements you make when purchasing on our Website

You acknowledge and agree that there may be:

  • occasional errors or omissions in Product descriptions, prices, and promotions;

  • Products we display that are only available through our Website;

  • technical problems access the Products there are inherent risks associated with downloading digital products and using online software; and

  • some sales that are limited to certain regions or groups of people.

 

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Products.

 

Acknowledgements you make in relation to Content and Intellectual Property

When you engage us to prepare a Product you may provide us with various Content. When you provide us with Content you agree that you own all copyright pursuant to the Copyright Act 1968 in the Content, or you have the necessary third-party licenses to copyright.

You warrant that:

  • the Content does not breach any third-party Intellectual Property Rights or any third party rights in any way including any contract or proprietary rights;

  • the Content does not contain anything malicious, libellous, defamatory or any illegal material.

 

When providing Content, you grant us:

  • a worldwide, royalty-free, perpetual, non-exclusive licence to use, display, reproduce, modify, adapt, publish distribute, perform, promote, translate, and create derivative works and compilations in whole or in part. This license applies in respect to any media or technology known now or later developed;

  • the right to use any part or all of the Content in all formats for the purposes of promotion and advertising without royalties; and

  • all associated rights in the Content, including audio rights, electronic rights, broadcast rights, and for any purpose related to the website without royalties.

 

When you submit Content to us you waive any right to any payment, royalties or other compensation arising or related to the use of the Content now or in the future; and any moral rights as defined in the Copyright Act 1968.

Where any Content you provide contains personal information as defined under the Privacy Act 1988, the personal information must already lawfully be in the public domain, and/ or you have express consent to use that personal information from the relevant person. For more information on how we deal with any personal information in particular, please see our Privacy Policy here.

 

All the Intellectual Property Rights in the Products are otherwise owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Products for the use of your business/ your sole personal use only. Please contact us immediately at admin@ivybusinessservices.com.au if you have any concerns in relation to copyright, or personal information.

 

AFTER PURCHASE

Things you must do after purchasing on our Website

You must:

  • comply with our instructions in relation to the Product;

  • contact us by email at admin@ivybusinessservices.com.au if you have any issues with the Product and require a refund;

  • maintain the confidentiality of your login and password for your account accessing Products;

  • contact us by email at if you have any difficulty downloading or accessing any Products;

  • not reproduce, duplicate, copy, sell, re-sell or exploit the Products in any way;

  • seek our prior written consent before any publication of information about us; and

  • in the case of a dispute keep all communications confidential.

 

You further agree that you will not do anything which may endanger, jeopardise or prejudicially affect our goodwill, image or standing.

Things we’d love you to do after purchasing on our Website

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at admin@ivybusinessservices.com.au

 

OTHER MATTERS YOU SHOULD BE AWARE OF

 

We may change information on our Website and store

Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including availability and promotions;

  • change prices or descriptions of our Products;

  • change our range of Products, or discontinue Products and/or

  • cancel orders if the information is inaccurate.

 

To not rely on any “advice”

Some of the information we provide in our Products may be “legal” related information. It does not constitute any “legal” advice and we provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information. We do not warrant the accuracy of the Products, and except as required by law, we do not make any express or implied warranties regarding Products.

 

Delivery

We deliver Products purchased through our website only electronically. We do not provide any physical copies of our Products. We will process your delivery upon receipt of payment and send your Products to the email address nominated of your choice.

 

We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with our instructions, or where you fail to provide us with adequate information.

 

If we need to cancel your order, we will provide a refund

Except as required by law, all sales for our Products are non-transferable and non-refundable. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where any order appears to be by resellers without permission. We do not provide refunds except as required under the Australian Consumer Law.

 

We can refuse to serve you and sell Products at any time

We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services, and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Products, or stop any services.

 

LIABILITY AND INDEMNITY

 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  • the replacement of the products or the supply of equivalent products; or

  • the payment of the cost of replacing the products or of acquiring equivalent products.

 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to any breach of Intellectual Property Rights or any provision of Content. You indemnify us against any and all Loss or Damage which we may suffer as a result of any Claims arising out of or in connection with a breach of this Agreement, or the Content or its publication.

 

FORCE MAJEURE

 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in relation to any Force Majeure Event.

 

IF THERE IS A DISPUTE

 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

OTHER

 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

 

DEFINITIONS

 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these Additional Terms and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content means any Information relating to your business or practice including location, branding, logo, client or any other content or information you provide to us.

Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

Products means any product available through our website, and includes (but is not limited to) any digital products including courses, policy templates, various document templates including service agreement templates, specifically tailored to Equine & Animal Assisted Therapists.
We, us, or our means Amber McCormack t/s IVY Business Services and/or Grow with IVY [ABN 98731790974] and includes any of our employees, agents, partners, and contractors.
Website and Services means https://www.ivybusinessservices.com.au/, and everything available on this website including, but not limited to, all Products and any services.

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