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Terms and Service

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Ibex Australia's Terms and Conditions

TERMS OF USE

These terms and conditions (“Terms and Conditions”) shall apply to ibexaustralia.com.au® and all other Ibex Australia terms (“Ibex Australia”, “Ibex”, “we”, “us”, or “our”) and by accessing this website you agree to be bound by these Terms and Conditions.

1. ACCESS AND USE OF THE WEBSITE

The material on this website is intended to provide a summary and general overview of matters of interest. It is not intended to be comprehensive nor constitute legal advice.

You agree to use this website in a manner that is consistent with all applicable laws and regulations. Without our prior consent, you are not permitted to modify, reproduce, republish, distribute, or otherwise exploit any part of this website for commercial purposes.

2. DISCLAIMER OF LIABILITY

The information on this website is provided in good faith and is believed to be accurate at the time of publication. We make no expressed or implied warranties, representations or endorsements whatsoever with regard to this website’s content or any products referred to on this website.

3. THIRD-PARTY SITES

The Sites may link to other websites. These links are provided as a convenience only. Ibex Australia does not endorse, approve, guarantee, or control these linked websites in any manner and is not responsible for the content of any linked website. Different terms and conditions may apply to your use of any linked sites. Ibex Australia is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. It is your duty to review the terms, conditions and policies of any such external websites before use.

 

4. TRADEMARK

Ibex Australia retains all rights regarding its trademark , trade names and service marks. Any unauthorised use of these marks is strictly prohibited.

5. INTELLECTUAL PROPERTY RIGHTS

All materials on this website are protected by copyright laws, and all rights are reserved. No material from this website may be reproduced, republished, uploaded, posted or distributed in any way without the prior written permission.

6. TERMS OF SALE

No agreement will be formed until an order has been accepted, processed and an order confirmation has been sent.

7. PAYMENT

We accept payment by credit card, direct debit, and some other payment methods depending on your location. All payments must be settled in full prior to dispatch of goods.

8. CANCELLATION

All orders are final once placed. If you wish to cancel your order please contact our customer service team for assistance. Cancellation fees may apply.

9. RETURNS AND REFUNDS

We offer a 30 day return and refund policy on all products purchased from us, provided they are returned in the original condition and packaging. Proof of purchase must be presented for any returns or refunds.

10. POSTAGE AND DELIVERY

All orders are shipped within 2-3 business days from confirmation of payment unless otherwise specified. Delivery times will vary depending on location and chosen delivery service.

11. AUSTRALIAN COMSUMER LAW (ACL)

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

11. CHANGES TO TERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions from time to time at our discretion, without notice or obligation. You should review this page periodically for changes. By using this website you agree to. We use a variety of couriers, and you will be notified once your order has been dispatched.

12. PRIVACY

We respect your privacy and any personal information provided to us will be handled in accordance with our Privacy Policy.

13. SEVERANCE

Should any provision of these terms and conditions be found to be void, invalid or otherwise unenforceable, it will be severed from the rest of these Terms and Conditions which shall remain in full force and effect.

14. TERMINATION

We reserve the right to terminate your account, block access or remove content at any time if we believe you are in breach of these terms and conditions.

15. GOVERNING LAW

These terms and conditions shall be governed by the laws of Australia and are subject to the exclusive jurisdiction of the courts of Australia. By accessing and using this website, you agree to submit to the jurisdiction of these courts.

16. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Ibex Australia (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”) through AutopilotHQ, Inc. (“Autopilot”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at marketing@ibexaustralia.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:

* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

DISPUTE RESOLUTION – ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 130 Jersey Dr, Epping VIC 3076, Australia before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Ibex Australia’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

17. CONTACT US

If you have any queries regarding these Terms and Conditions please contact us. We will be happy to assist with your enquiry. Thank you for visiting our website. We look forward to being of service.

The Ibex Australia Team.

© 2022 Ibex Australia All rights reserved.

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We have a wealth of knowledge and expertise, enabling us to support you through any stage of your project.

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1300 85 45 20 sales@ibexaustralia.com.au
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