Terms & Conditions

Terms and Conditions of Use – For ISV Member Schools and Educational Entities

Formation and Acceptance

Welcome to the isProcurement Website. The isProcurement Website is an online platform provided by Independent Schools Victoria Limited (ISV), including its agents, employees and subcontractors, for ISV Member Schools and other Educational Entities, to provide access to a range of discounted and specially sourced goods, products and services, curated especially for independent schools.

The use of the isProcurement Website (isprocurement.com.au) is governed by the following Terms and Conditions, which when accepted, constitutes an agreement between the person or entity who wants to use the isProcurement Website (you and your) and ISV.

The isProcurement Website is intended to enable ISV Member Schools and other Educational Entities procure, via the isProcurement Website, goods, products and services, from various ISV Supply Partners (Partners).

Prior to using the isProcurement Website, please consider the following terms and conditions of use of the isProcurement Website (Terms and Conditions).

If you do not agree to these Terms and Conditions then you may not use the isProcurement Website.

You agree that, by using the isProcurement Website, you demonstrate that you agree that you are indicating that you accept the isProcurement Website Terms and Conditions. The isProcurement Website enables you to:

• (a) view offerings from ISV Supply Partners of products, goods and services;
• (b) engage directly with ISV Supply Partners – via links to websites operated by ISV Supply Partners – to procure products, goods and services; and
• (c) correspond with ISV and ISV Supply Partners about products, goods and services.

ISV may amend the Terms and Conditions at any time.

Registration and Collection of Personal Information

Registration by an employee or board member of an ISV member school – If you are an employee or a board member of an ISV member school, you can create an ISV Procurement Website user account (User Account) by providing your username (your email address) and your choice of password (not to be disclosed to ISV or any other person).

Registration by other persons – If you are not an employee or a board member of an ISV Member School, you as an individual can create a User Account by providing your username (your email address) and your choice of password.

Any person who has created a User Account under clause 1.1 or clause 1.2 is referred to throughout the remainder of these terms as a “Registered User”.

Registration with the isProcurement Website is free of charge.

ISV will collect, secure, hold, utilise and disclose Personal Information only in accordance with the ISV Privacy Policy.

Using the isProcurement Website

You agree that you are solely responsible for the accuracy and completeness of all the information and documentation you provide us using the isProcurement Website.

You agree to grant us a licence to any information and documentation provided by you using the isProcurement Website. You acknowledge that there will be no royalty or other fee payable by us to you or to any third party for this right.

Source of Data

You acknowledge expressly and agree that:

• (a) the information, regarding opportunities for procurement, by ISV Member Schools and Educational Entities, of goods, product and / or services, from ISV Supply Partners, which are identified on the isProcurement Website, and are made available in detail via the ISV Supply Partners’ own web portal, is obtained or otherwise made available by only the ISV Supply Partners; and
• (b) ISV has not produced or verified the information and materials obtained from third parties, and you agreed that ISV is not responsible for the accuracy, reliability, or completeness of such materials.

Privacy

By using the isProcurement Website, you consent to the collection, use and disclosure of your personal information in accordance with ISV’s privacy policy available at www.is.vic.edu.au/who-we-are/privacy-policy/.

Links and other websites

Links are provided from the isProcurement Website to external Internet websites operated by other organisations and individuals.

These external information sources are outside ISV’s control and ISV are not responsible for the contents of or operation of any external Internet site or any link contained in a linked site, or any changes or updates to such sites.

Accordingly, ISV is not responsible for, and makes no representation or warranty relating to, the content of Linked Websites. The display of any linked websites on the isProcurement Website does not in any way imply that ISV endorses or recommends the linked website or resource.

ISV provide these links to you only as a convenience, and any link does not imply endorsement by ISV of the site.

These linked sites will have their own terms and conditions of use and you should familiarise yourself with them.

If linked sites contain terms and condition relating to the use of content on those websites, you must comply with those terms and conditions. You acknowledge and agree that, to the extent permitted by law, ISV will not be liable for any form of loss, liability, damages, costs, injury, or harm suffered or incurred by you in consequence of, or resulting directly or indirectly out of, your interaction with the relevant third party who owns or operates the Linked Website.

Fees

As part of its commercial agreements with its ISV Procurement Partners, ISV charges fees, to the ISV Procurement Partners.

ISV does not charge fees, to ISV Member Schools or Educational Entities, for either operation of the isProcurement Website or in relation to any procurement of goods, products or services, by ISV Member Schools or Educational Entities from isProcurement Partners.

Fees charged by ISV, to isProcurement Partners, are not based on commissions. Rather, ISV charges its partners an administrative fee, in order to offset the costs incurred by ISV, of providing a procurement service to Member Schools and Educational Entities.

The procurement services ISV provides to ISV Member Schools and Educational Entities include: conducting market research, evaluation of suppliers, negotiation on goods, products and services, negotiation on fees to be charged to ISV Member Schools and Educational Entities, marketing, customer service and support, and legal fees associated with drafting and implementing commercial contracts, including, where necessary, dispute resolution.

Security

Notwithstanding our efforts to ensure that the isProcurement Website is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others.

We may issue instructions from time to time intended to ensure the security of the isProcurement Website. You agree to comply with those instructions.

Warranty

You acknowledge that access to the isProcurement Website may not be continuous, uninterrupted or secure at all times and that access may be subject to factors or circumstances outside of our control.

You acknowledge that the isProcurement Website is not error free and electronic information provided by you or us may be lost or corrupted. We do not warrant the accuracy, adequacy or completeness of any material on the isProcurement Website.

Exclusion of – and Limitation on – all Liability

Subject to any responsibilities implied by law that cannot be excluded, ISV are not liable to you for any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs) whatsoever arising out of or attributable to any content, or other material or loss or corruption of documents or information provided by us, any third party or by you using the isProcurement Website whether in contract, tort (including negligence), statute or otherwise.

If the law implies any condition or warranty liability for breach of which cannot be excluded, then you agree that ISV’s liability is limited to only the re-supply of the isProcurement Website service to you again.

Without limiting our rights referred to in the preceding sub clauses, we will not be liable for any failure to perform our obligations if such failure arises from such circumstances reasonably beyond our control. These circumstances include fire, flood, earthquake, elements of nature, acts of God, malicious damage, explosion, sabotage, riot, civil disorder, rebellion or revolution in Australia, any change of law which makes compliance with the affected party’s obligations under these Terms and Conditions illegal, communication line failures, power failures, interruptions or shortages, computer processing systems failure.

Access to and use of the isProcurement Website is at your own risk. To the maximum extent permitted by law, ISV does not warrant, guarantee, or make any representations that the isProcurement Website, or any goods, products or services, procured from any ISV Supply Partner via the isProcurement Website, will:

• (a) meet your needs;
• (b) be current, accurate, complete, or reliable;
• (c) be secure, free from errors, interruptions, viruses, worms, Trojan horses, bugs or similar components;
• (d) not interfere with or damage your computer systems;
• (e) not result in loss or corruption of data; or
• (f) not infringe the intellectual property or other rights of third parties;

You agree that ISV shall not be liable to you for any damages, losses, costs or expenses arising out of or in connection with:

• (a) access to or use of the isProcurement Website and any Content;
• (b) the unauthorised use of your Login Details; or
• (c) any act or omission of ISV in connection with the isProcurement Website;
• (d) in no event will ISV be liable to User (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage, or any loss of profit (whether direct or indirect), which may arise under these terms.

Notwithstanding any other provision, in any contract or application of any principle of law, to the contrary, and to the extent permissible by law, ISV will be liable to any ISV Member School and or Educational Entity, whether under contract, in tort, under statute or otherwise, for any injury, loss or damage, only to the extent and in the proportion to which such injury, loss or damage is caused by the fault of ISV.

Notwithstanding any other provision, in any contract or application of any principle of law, to the contrary, ISV’s aggregate liability, arising out of or in connection with ISV’s operation of, performance or non-performance of, any obligation due in relation to operation of the isProcurement Website, and or to supply of goods, products and or services procured from ISV Supply Partners via the isProcurement Website, whether under the law of contract, tort (including negligence), statute, equity or otherwise, shall be limited to the extent permissible by law to $1,000.

Indemnity

You agree to indemnify and to hold us harmless from any claim or demand, made by any third party due to, or arising out of or in connection with, your breach of these Terms and Conditions or your infringement of any rights of a third party, or otherwise arising out of or in connection with any non-compliance by you with these terms.

Notices

ISV may give any notice or other type of communication to you:

• (a) by electronic mail to the most recent email address that you have notified to us;
• (b) by making the notice available for access on the isProcurement Website; or
• (c) by ordinary prepaid mail to your last notified address given to us.

Any notice given by us is deemed given:

• (a) at the time when an electronic mail is sent by us;
• (b) on making the notice available for access on the isProcurement Website for display to you; and
• (c) two (2) business days (i.e. any day that is not a Saturday or Sunday or a public holiday in Melbourne, Victoria) after we post the notification to you.

General

You acknowledge that all information contained in the isProcurement Website is subject to change without notice.

You will comply with all laws that apply to you in relation to your use of the isProcurement Website.

You acknowledge that these Terms and Conditions are governed by, and are to be construed in accordance with, the laws of the State of Victoria, Australia. In the event of a requirement for determination of any dispute, you submit to the non-exclusive jurisdiction of the State of Victoria, Australia.

If any provision of these Terms and Conditions are held to be invalid or unenforceable, then that provision:

• (a) may be read down to the extent necessary to make it valid and enforceable; or
• (b) may be severed and the remaining provisions of the Terms and Conditions enforced.

The headings in these Terms and Conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of these terms and conditions.

These Terms and Conditions comprise the entire understanding and agreement between you and us with respect to its subject matter.

Copyright

Copyright subsists in the various forms of work and subject matter on and accessible from the isProcurement Website.

Apart from any use permitted by the Copyright Act 1968 (Cth), ISV grants to visitors to the isProcurement Website, a licence only to the extent necessary for you to download, display, print and reproduce this material for private use or use within your organisation.

No licence to publish, communicate, modify, commercialise or alter this material is granted. For reproduction or use of the copyright material beyond this limited licence, permission must be sought from the relevant copyright owner. That permission, if given, will be subject to conditions that will include a requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, either in whole or in part. No permission to reproduce or use the copyright material, other than that expressly stated above is to be implied by the availability of that material on this site.