Membership Terms and Conditions
This document sets out the terms and conditions (“Terms”), on which we, Independent Business Group Pty Ltd (ACN 678 803 275), a company registered in New South Wales whose registered address is 9 Roxburgh Street, Lorn NSW 2320 (“we”, “us”, “IBG” or “Independent Business Group”) provide our services through our website www.independentbusinessgroup.com.au (“Website”) and other means. Please read these Terms carefully when using the Website, as setting up your account, your use of the Website or associated systems and purchase of any products offered via the Website or the associated systems is subject to these Terms. By setting up an account or ordering products via the Website or by any other means utilising your IBG membership or central billing facility or continuing to use the Website, you agree to be bound by these Terms.
1. About Independent Business Group and the Service
1.1 We provide a way for you (“Member” or “Members”) to connect directly with Vendors and order (“Order”) available products (“Products”) from vendors (“Vendors”) for delivery (“Service”).
1.2 Each Vendor has the ability to have Products published by us at a price determined by the Vendor
1.3 The Vendors provide and are responsible for all information listed on the Website relating to the Vendor and the Products sold by the Vendors, and this information may change without notice. We make no representation or guarantee regarding stock availability of the Vendor or in relation to any Products sold by the Vendor.
1.4 The contract for the sale of the Products is as between you and the Vendor and as such, in the event that you have any complaints about the Order or delivery of the Order, you should contact the relevant Vendor directly and they will be able to process any refunds or take other appropriate action.
1.5 The Products are delivered by the Vendors themselves or by third party freight companies (Freight Companies) which are engaged directly by the Vendors. The Drivers are not engaged by us to provide any delivery services.
2. Membership Fee
2.1 You must pay a monthly Membership Fee to us as per our agreement. This amount is ex GST and is for your use of our Service (Membership Fee).
2.2 Membership Fee:
2.2.1 is required to be paid by you and to us after any bonus, free or promotional period determined by us
2.2.2 is payable monthly by you and to us thereafter.
2.3 An invoice will be issued to you specifying the due date for payment of the Membership Fee and it must be made via direct debit to us, or such other manner as reasonably specified by us from time to time.
2.4 In the event you fail to make payment of the Subscription Payment by the due date, we reserve the right to delay or suspend your use of our Service.
3. Orders and cancellations
3.1 You will be contracting directly with the Vendors for the purchase and delivery of Products and we have no liability or responsibility to you in connection with the order, delivery, resale or use of the Products.
4. Issues with Products
4.1 If you are dissatisfied with the quality of the Products or the service provided by the Vendor or Freight Company, you should contact the Vendor directly to lodge your complaint and follow the Vendor’s own complaint procedures.
5. Payments, Central Billing Facility, Credit Limits & Overdue Payments
5.1 IBG offers it’s members a Central Billing Facility at it’s discretion
5.2 The credit limit allocated to members is at the sole discretion of IBG
5.2.1 The credit limit can be revoked at any time for any reason
5.2.2 The Member can be placed on “Stop Supply” at any time for any reason
5.3 IBG will provide an invoice and/or statement to Members at the end of each calendar business month
5.3.1 Payment terms are strictly EOM (End of Month) + 30 Days
5.3.2 Payment terms provided by IBG to Members can be changed by IBG at anytime for any reason by providing 30 days written notice
5.3.3 Payment terms may only be changed or altered with the express written consent of the Director or Directors of IBG
5.4 Accounts are considered overdue when a payment is outstanding at EOM (End of Month) + 31 Days
5.4.1 Once an account is overdue, IBG reserves the right to place the Member on “Stop Supply” and to notify Suppliers
5.4.2 IBG reserves the right to charge an interest rate of 2% per calendar month or 24% per annum per invoice overdue
5.4.3 The Member expressly consents to interest being charged from the time deemed overdue and;
5.4.4 Agrees that all invoices, fees, duties and interest payable must be paid prior to “Stop Supply” being removed
5.5 IBG reserves the right to terminate any member account for overdue payments
5.6 All prices are quoted in Australian dollars.
5.7 For any queries or concerns around charges on your statement or invoice, you should contact your IBG representative immediately
6. Privacy and Security
6.1 In providing you with access to the Service, we will need to collect your personal information, and you confirm that all of the information you provide to us, including any personal details, will be complete, true and correct.
6.2 In order to use the Service, you must register by providing us with certain true and correct information about yourself (the “User Information”), as requested by the registration page. You are responsible for the use of the Service, including any information which you receive and store on behalf of someone else.
6.3 By signing up to our Service you confirm that you are at least 18 years of age.
6.4 You must promptly notify and/or update your profile if any of your User Information, or information you have uploaded on behalf of someone else, is erroneous or changes from time to time. By providing your contact details, you agree to us and the Vendor contacting you via such means.
6.5 All personal information that we collect from you will be processed in accordance with our Privacy Policy which is incorporated into these Terms by reference and is available here www.independentbusinessgroup.com.au.
6.6 You acknowledge that the internet is an inherently insecure communication medium, and you use the Service at your own risk. You agree that we have no responsibility for use,
misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Service.
6.7 You must keep all usernames, passwords and other security-based information secure and private at all times. We are entitled to assume that you are the user of the Service if your username, password or other security-based information is used to access the Service.
7. Suspension and Availability
7.1 We may refuse to register your account and/or provide you access to the Service, without giving reasons and without liability to you.
7.2 While we will take reasonable steps to ensure the availability and security of the Service, you accept that the Service provided by us is provided on an “as is” basis. We do not warrant that the Service will be continuously available, and we will not be liable if the Service is unavailable at any time or for any reason. In particular, we may at any time immediately suspend or withdraw access without notice and without giving reasons.
7.3 We do not represent that the Service (or any software underpinning the Service) will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety.
7.4 We do not represent that any information, photographs, updates, news, or other content on the Service is accurate, reliable or correct. You acknowledge and agree that such content is provided on a “no reliance” basis. You are responsible for verifying the accuracy, reliability and correctness of any content or information that you obtain through your use of the Service.
7.5 Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
8. Intellectual Property Rights
8.1 All intellectual property rights (including copyright, database rights and trademark rights) subsisting in, relating to or arising out of the Service (other than to the extent related to the Products) are owned by and vest in us (or our licensors).
8.2 You acknowledge and agree that these Terms do not transfer any right, title or interest in our (or our licensors’) intellectual property rights to you, nor may you use our trademarks without our prior written permission.
9. Unacceptable Use
9.1 You must only use the Service in a reasonable manner, consistent with these Terms and our Privacy Policy as well as ordinary community standards of behaviour and decency. Under no circumstances may the Service be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person.
9.2 You must not use the Service for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Service that:
9.2.1 would cause you or us to be in breach of any law, code, or regulation;
9.2.2 involves accessing the personal information of a person other than a person linked to your account;
9.2.3 attempts to obtain a benefit or other financial advantage which you are not entitled to;
9.2.4 places any unreasonable impost, burden or strain on the technical resources of the Service, including without limitation the excessive transmission of data;
9.2.5 depicts or promotes offensive or illegal behaviour;
9.2.6 is offensive or promotes racism, bigotry, hatred or physical harm;
9.2.7 would harass or threaten any other person;
9.2.8 exploits people in a sexual or violent manner;
9.2.9 contains nudity, violent or offensive subject matter;
9.2.10 promotes an illegal or unauthorised copy of copyright material;
9.2.11 could cause us to incur a liability to any third party or entity;
9.2.12 violates the privacy or confidentiality of any person;
9.2.13 involves compromising the security of any computer system or data storage system;
9.2.14 contains, provides or creates computer viruses or corrupts systems, facilities or data;
9.2.15 involves the sending of junk mail or unauthorised commercial electronic messages;
9.2.16 alters or modifies the operation of the Service in any way; or
9.2.17 involves the resale or resupply of the Service to any person without our prior written permission.
10. Liability
10.1 Without limiting any other provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Service including in relation to purchase, delivery, use or consumption of any Products, any viruses or other malicious software that may affect you while using the Service or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any representations and communications (including any transactions) made using the Service.
10.2 Other than the express terms of these Terms and warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth) (CCA) or other applicable consumer protection law in a user’s jurisdiction, the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void ("Non-excludable Rights"), you agree that we exclude all liability arising from any implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Service or purchase, delivery, use or consumption of Products .
10.3 To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:
10.3.1 replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or
10.3.2 replacement or repair if the Service fails to be of acceptable quality and the failure does not amount to a major failure.
10.4 To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
10.5 You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Service or information or content available by means of the Service, or the use of the Service by anyone using your device or the Catalogue.
11. Termination
11.1 You may end your access to the Service by providing written notice no less than two (2) full calendar months’ notice. Ending your access in this way will restrict your ability to access the Service after the set termination date and you will need to register again with us and/or download the Service again if you change your mind. Any data or personal information we have collected about you or your use of the Service will be retained and/or destroyed in accordance with our Privacy Policy.
11.2 In the event you end your access to the Service you will not receive a refund of any sort on the Membership Fee you will have paid, and in the event you want to re-register and use our service again, you will need to pay the Membership Fee again recurring monthly. No bonus, free or trial period will be issued for returning Members.
11.3 We may immediately terminate your access to the Service without notice or cause for any reason. Reasons we may terminate your access to the Service include where:
11.3.1 you breach any of these Terms;
11.3.2 you use the Service in a dishonest or fraudulent manner;
11.3.3 we have ceased to provide the Service, in whole or in part;
11.3.4 our business or contractual relationships with any third parties require us to do so; and/or
11.3.5 we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
11.4 Subject to applicable law, including the CCA, you acknowledge that Independent Business Group or Vendors, will not have any liability to you for any reason whatsoever arising from any termination of your access to the Service.
11.5 Nothing in these Terms restricts our rights to take any further action against you that we consider appropriate, including initiating legal proceedings or involvement of regulatory or law enforcement bodies.
12. General
12.1 Where we are required to send you communications in writing, these will be sent to you using the email address in your account on the Service and you consent to this electronic means of communication.
12.2 Any provision of these Terms that is held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required by this clause, part or all of the clause of these Terms and Conditions that are unlawful or unenforceable will be severed from these Terms and Conditions and the remaining provisions continue in force.
12.3 In these Terms, the words “such as”, “including”, “particularly”, “by way of example” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
12.4 Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
12.5 We may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
12.6 These Terms are governed exclusively by the laws in force in Australia and this applies notwithstanding any use of the Website or Services outside of Australia. The parties agree to be bound by the non-exclusive jurisdiction of the State Courts of Australia.
12.7 Please contact us at cameron@independentbusinessgroup.com.au if you have any concerns about materials which appear on the Service.
Date of last revision of Terms: July 2024.