In this document, you can find information on what terms and conditions of sale apply to Paid ivyO Services (as defined below). If you have any questions after reading these terms and conditions of sale, please feel free to Contact Us.
These terms and conditions do not apply to the ivyO Foundation.
These terms and conditions also do not apply to ivyO Summit. As ivyO Summit is a tailor-made service specific to your needs, its terms and conditions are subject to further negotiation between you and ivyO.
Clause 1 - Agreement
Sub-clause 1(a): All ivyO Solutions provided to you are subject to the following terms and conditions of sale, as set out on this document (Terms and Conditions of Sale).
Sub-clause 1(b): By purchasing a Paid ivyO Service, you accept that: you are capable of entering into a legally binding contract with ivyO; you are lawfully authorized and able to make payment using your chosen payment method; you are solely responsible for warranting that the payment information, including credit card and bank details, you have submitted to ivyO is truthful, accurate and complete at all times; your purchase is not made for the purpose of commercial resale or any other purpose that would otherwise be illegal; each order you make for ivyO Solutions through Our Website that we accept results in a separate binding agreement between you and ivyO for supplying those ivyO Solutions. For each order accepted by us, we will supply the ivyO Solutions from your order in accordance with these Terms and Conditions of Sale; your purchase of Paid ivyO Services will only be for your personal non-commercial informational purpose, and that you will not copy or post any information about your purchase on any networked computer or broadcast, publish or defame it or ivyO in any form of writing or other media, make any modifications to any such information, or make any additional representations or warranties relating to such documents; you have read, understood, and agreed to be bound by the Terms and Conditions of Sale as from the time and date of purchase.
Sub-clause 1(c): Without limiting the operation of any waivers under sub-clause 11 - Waiver, these Terms and Conditions of Sale constitute the entire agreement between you and ivyO and supersede all preceding and contemporaneous agreements between you and ivyO.
Clause 2 - Definitions and Interpretation
Sub-clause 2(a) – Definitions
In these Terms and Conditions of Sale, the following words and expressions have the following meanings:
Business Day means a day that is not a Saturday, Sunday, or public holiday where the Paid ivyO Service is principally being carried out.
Confirmation Email means the automated email that you receive upon us accepting your Order for an ivyO Solution and contains the following details: your name; an automatically generated customer reference number specific to your ivyO Account; an automatically generated order reference number specific to your Order; the date you made your Order (Order Date); the date we accepted your Order (Acceptance Date); the type of payment you used to make your Order (Payment Type); and the name, quantity, and the subtotal/total price of the ivyO Solution/s you ordered (where applicable).
Fees and Charges mean any fees and charges ivyO advises are to be paid by you or your parent/guardian on your behalf;
Force Majeure means any circumstance beyond the reasonable control of either party which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions.
GST means Goods and Services Tax, or any other tax substituting or replacing the GST;
ivyO means ivyO, and is used interchangeably with “Our”, “Us” and “We.”
ivyO Account means an account made on Our Website, which grants you the ability to purchase our Paid ivyO Services, as well your own my ivyO Portal and my ivyO Profile.
ivyO Solutions (also known as “Paid ivyO Services” in these Terms and Conditions of Sale) means a service purchased by you from ivyO and includes: ivyO Strategic Consultation; ivyO Compass; and ivyO BaseCamp.
Our Publications means all forms of media published by ivyO and includes (but is not necessarily limited to) newsletters, emails, catalogues, social media posts, videos, and announcements made over Zoom, telephone or during our events. However, it does not include Our Website.
Our Website means the whole or part of the web pages located at ivyo.org.
“Purchase Price” means the price of the Paid ivyO Services at the time you purchased those Paid ivyO Services.
Special Offers means promotional discounts run by us on a specified range of our Paid ivyO Services, including (but not limited to) promotional coupon codes.
Receipt means the written receipt automatically issued by ivyO to your email upon successfully purchasing a Paid ivyO Service.
Terms and Conditions means the terms and conditions as contained within this document.
You and Your means the person/s enrolled in and/or purchasing a Paid ivyO Service and where applicable, includes the person/s’ agents, parents and/or guardians.
Sub-clause 2(b) – Interpretation
In these Terms and Conditions of Sale, unless the context requires: a reference to writing includes email and/or other communication established through Our Website; the singular includes the plural and vice versa; a reference to a clause, sub-clause or paragraph is a reference to a clause, sub-clause or paragraph of these Terms and Conditions of Sale; a reference to a party to these Terms and Conditions of Sale includes that party’s executors, administrators, successors and permitted assigns; where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and headings are used for ease of reference only, and do not affect the meaning or interpretation of those relevant clauses and/or sub-clauses.
Clause 3 - Pricing
Sub-clause 3(a): Prices for all our Paid ivyO Services are listed on Our Website and some of Our Publications. Whilst we try and ensure that all details, descriptions, and prices which appear on Our Website and Our Publications are consistent and accurate, errors may occur. We make no representation or warranty as to information being accurate or complete.
Sub-clause 3(b): If you find a discrepancy between the prices of any of our Paid ivyO Services, irrespective of whether they are advertised on Our Website and/or in Our Publications, the prices advertised on Our Website supersedes all other representations about the prices of our Paid ivyO Services, including those in Our Publications.
Sub-clause 3(c): If we discover an error/s in the price of any Paid ivyO Services which you have shown us, we will correct the error/s as soon as possible. However, ivyO reserves its discretion to unilaterally: determine whether an alleged error in the price of any Paid ivyO Service is in fact, an error; reverse errors in pricing advertised on our Website or in our Publications; and where applicable and subject to law and clause 7 - Cancellations and Refunds of these Terms and Conditions of Sale, to request your bank and/or credit card details for the purposes of recovering the balance between an erroneous purchase price and the actual price of a purchased ivyO Solution or giving you a refund (at your request) of the purchased ivyO Solution.
Sub-clause 3(d): From time to time, ivyO may vary the advertised prices of our Paid ivyO Services without notice. Subject to these Terms and Conditions of Sale, we will not increase the amount payable by you for the relevant Paid ivyO Service/s once you have successfully purchased that Paid ivyO Service.
Sub-clause 3(e): Without limiting the operation of sub-clauses 3(a) to 3(d), Special Offers on Paid ivyO Services (including Special Offers advertised in Our Publications) are only available for limited times. Check Our Website or Contact Us for current prices and Special Offers applicable at the time of purchase. For more information on Special Offers, refer to clause 4 ‘Special Offers’ of these Terms and Conditions of Sale.
Sub-clause 3(f): Besides price, all other specifications, and details of ivyO Solutions furnished by ivyO in Our Publications and/or on Our Website are only by way of general description of the Paid ivyO Services, and do not form part of these Terms and Conditions of Sale.
Clause 4 - Special Offers
Sub-clause 4(a): From time to time, ivyO may run Special Offers on Our Website or in Our Publications. These Special Offers are only available for a limited time only and expire on the date specified on Our Website or in Our Publications.
Sub-clause 4(b): Special Offers are not redeemable for cash or cash equivalent, cannot be returned for a cash refund (except as required by law) and cannot be applied to previous purchases.
Sub-clause 4(c): Unless otherwise stated on our Website, Special Offers cannot be passed to other people, or combined with other Special Offers and/or discounts.
Sub-clause 4(d): With respect to sub-clauses 4(a) to 4(c), ivyO reserves the right to: change or correct at any time and without notice how long Special Offers will run for; and suspend ivyO Accounts and request alternative forms of payment if a Special Offer is fraudulently obtained or used.
Sub-clause 4(e): For single-use coupon codes that are given to individual ivyO Accounts, ivyO is not responsible for lost or stolen single-use coupon codes, or damage resulting from lost or stolen single-use coupon codes or use without permission. Risk of loss and title for single-use coupon codes pass to you upon receiving said single-use coupon code from us.
Sub-clause 4(f): If any single-use coupon code given by us to your ivyO Account and/or email is non-functional, please Contact Us by email requesting a replacement single-use coupon code. In determining whether to give you a replacement single-use coupon code, ivyO will consider, amongst other things, whether the code has already been used or obtained fraudulently.
Clause 5 - Paying for your ivyO Solutions
Sub-clause 5(a): We will charge you, and you agree to pay, the purchase price of the Paid ivyO Service you ordered as advertised on the Website at the time of your order, subject to any other fees and charges and/or any Special Offers as set out in these Terms and Conditions of Sale.
Sub-clause 5(b): All prices of Paid ivyO Services are advertised in United State Dollars (USD) and are inclusive of GST (where applicable and unless otherwise stated). Any fees and charges (such as cancellation fees for our services) are also inclusive of GST (where applicable and unless otherwise stated).
Sub-clause 5(c): Payment can be made with valid credit cards (Visa, Mastercard and American Express) and EFTs via our payment gateway, Stripe.
Sub-clause 5(d): Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a Confirmation Email, the monies paid as a deposit must be used as consideration for the value of the Paid ivyO Services you purchased as listed in the confirmation email.
Sub-clause 5(e): You cannot cancel an order for a Paid ivyO Service if you enter your incorrect contact or banking details (except where required by law).
Sub-clause 5(f): You must not pay, or attempt payment, for Paid ivyO Services through any fraudulent or unlawful means. We will not accept payment using payment methods that were obtained or used through fraudulent or unlawful means.
Sub-clause 5(g): ivyO reserves the right to accept or reject your order for any reason, including scenarios where: the requested ivyO Solution is not available; there is a pricing error; there is an error with the description of the ivyO Solution posted on Our Website; or there is any other error with your order.
Sub-clause 5(h): With respect to sub-clause 5(g), ivyO will endeavor to notify you when we rejected your Order/s placed through our site either: at the time we rejected your Order; or within a reasonable time after you submit your Order.
Clause 6 - Delivery of ivyO Solutions
All our ivyO Solutions are delivered to you through online and/or digital means. These terms and conditions set out in this clause 6 applies in relation to the delivery of ivyO Solutions that you purchase from our Website.
Sub-Clause 6(a) - Strategic Consultations
The terms and conditions set out in this sub-clause 6(a) - Strategic Consultation applies in relation to the online delivery of your purchased Strategic Consultations.
Sub-clause 6(a)(i): Once ivyO receives your online payment in accordance with clause 5 - Paying for your ivyO Solutions, you will receive full access to the Student Profile and Parent Profile.
Sub-clause 6(a)(ii): Once ivyO receives your completed Student Profile and Parent Profile, ivyO will contact you in accordance with sub-clause 6(b) - SC1, SC2, Compass and BaseCamp for the purposes of conducting your Strategic Consultation 1 (SC1) as soon as possible, subject to ivyO's sole discretion.
Sub-clause 6(a)(iii): Once you have completed your SC1, ivyO will contact you in accordance with sub-clause 6(b) - SC1, SC2, Compass and BaseCamp for the purposes of conducting your Strategic Consultation 2 (SC2) as soon as possible, subject to ivyO's sole discretion.
Sub-Clause 6(b) – SC1, SC2, Compass and BaseCamp
The terms and conditions set out in this sub-clause 6(b) - SC1, SC2, Compass and BaseCamp applies in relation to the online delivery of your purchased SC1, SC2, Compass and/or BaseCamp session/s.
Sub-clause 6(b)(i): All SC1, SC2, Compass and BaseCamp sessions are delivered in real-time via Zoom. You will be sent instructions on how to join your SC1, SC2, Compass and/or BaseCamp sessions at least 24 hours before they commence. You are solely responsible for ensuring you have a stable internet connection and for testing your computer’s set-up prior to the session’s commencement. If you are unable to participate in a SC1, SC2, Compass or BaseCamp session because of a connectivity issue or your device, please Contact Us as soon as practicable.
Sub-clause 6(b)(ii): You are solely responsible for giving us the correct contact details necessary for us to contact you for your SC1, SC2, Compass and BaseCamp sessions.
Sub-clause 6(b)(iii): Actual timing of your SC1, SC2, Compass and BaseCamp sessions are subject to clause 7. Cancellations/Rescheduling by Us.
Sub-clause 6(b)(iv): For the avoidance of doubt, you can always Contact Us any time after we accept your Order for the purposes of confirming the time of your SC1, SC2, Compass and/or BaseCamp session/s (Status Update Request). Please ensure that you send your Status Update Request through the email address registered under your ivyO Account, and that the email includes: a subject containing the words “Status Update Request”; and an attachment of the Confirmation Email you received when we accepted your Order.
Sub-clause 6(b)(v): With respect to sub-clause 6(b)(iv), failure to send a Status Update Request in the form required by sub-clause 6(b)(iv) may result in your Status Update Request not being answered by us.
Sub-Clause 6(b) - ivyO Bundled Solutions
For the avoidance of doubt and where applicable, all the terms and conditions set out in 6(a) - SC1, SC2 and 6(b) – SC1, SC2, Compass and BaseCamp apply to your purchase/s of any ivyO Bundled Solutions.
Clause 7 - Cancellations/Rescheduling by Us
The following terms and conditions set out in this clause 7 - Cancellations and Refunds by Us sets out our discretion to cancel your ivyO Solutions, as well as when we can reschedule the delivery of your ivyO Solutions.
Sub-Clause 7(a) – Cancellations by Us – General
Sub-clause 7(a)(i): The terms and conditions set out in this sub-clause 7(a) Cancellations by Us - General applies to all your purchased ivyO Solutions.
Sub-clause 7(a)(ii): We may cancel any Order or part of an Order (where applicable) without any liability to you for that cancellation at any time if: the requested ivyO Solution/s in that Order are unavailable; or there is an error in the ivyO Solution’s price and/or description posted on our Website in relation to the relevant ivyO Solution/s in that Order; or that Order has been placed in breach of these Terms and Conditions of Sale.
Sub-Clause 7(b) – Rescheduling by Us for SC1, SC2, Compass and BaseCamp
Sub-clause 7(b)(i): The terms and conditions set out in this sub-clause 7(b) Cancellations by Us for SC1, SC2, Compass and BaseCamp applies to all your purchased SC1, SC2, Compass and/or BaseCamp session/s.
Sub-clause 7(b)(ii): ivyO reserves the right to reschedule your SC1, SC2, Compass and/or BaseCamp session. Should we need to reschedule your SC1, SC2, Compass and/or BaseCamp session/s, we will contact you proposing a rescheduled time and date for your SC1, SC2, Compass and/or BaseCamp session/s.
Clause 8 - Cancellations and Requests for Rescheduling/Refunds by You
The following terms and conditions set out in this clause 8 - Cancellations and Requests for Rescheduling/Refunds by You sets out the terms and conditions on when you can generally request and are entitled to a cancellation, rescheduling and/or refund for our ivyO Solutions.
Sub-Clause 8(a) – Cancellations and Requests for Refunds by You – General
Sub-clause 8(a)(i): Subject to the applicable law, these terms and conditions set out in this clause Sub-Clause 8(a) – Cancellations and Requests for Refunds by You - General applies to all your purchased ivyO Solutions.
Sub-clause 8(a)(ii): Requests for cancellations and/or refunds are managed by us on a case-by-case basis. Depending on your circumstances, these requests can take a variable amount of time to process.
Sub-clause 8(a)(iii): To either request a cancellation and/or refund of any of your ivyO Solutions, please Contact Us via email as soon as practicable. Please ensure that you send your request for a cancellation/refund is done through an email address registered under your ivyO Account, and the email includes: a subject containing the words “Status Update Request”; a description of why you want a cancellation/refund of your ivyO Solutions in as much detail as possible; and where applicable, attachments of any supporting documents you see as relevant to your request for a cancellation/refund.
Sub-clause 8(a)(iv): With respect to sub-clause 8(a)(iii), failure to send a cancellation/refund in the form required by sub-clause 8(a)(iii) may result in us denying your request.
Sub-clause 8(a)(v): In the event we grant you a refund, payments will be initiated within one (1) Business Day. However, please be aware that these payments can take up to five (5) Business Days to process and appear on your bank statement.
Sub-clause 8(a)(vi): If you seek a refund of an ivyO Solution purchased using a Special Offer, the value of the discount will not be refunded to you, and you will pay the full Purchase Price at the time of you made the purchase of the relevant ivyO Solution.
Sub-Clause 8(b) – Cancellations and Requests for Refunds by You – Strategic Consultation
Sub-clause 8(b)(i): Subject to the applicable law and sub-clause 8(a), the following terms and conditions set out in this sub-clause 8(b) – Cancellations and Requests for Refunds by You – Strategic Consultation applies to your purchased Strategic Consultation.
Sub-clause 8(b)(ii) - Change your mind within 72 hours of payment
If, within 72 hours of purchasing your Strategic Consultation, you request a refund of your Strategic Consultation because you changed your mind, we will refund you up to 75% of the Purchase Price of the Strategic Consultation at the time you purchased your Strategic Consultation.
Sub-clause 8(b)(iii) - Change your mind up to Submission
If, after 72 hours of purchasing your Strategic Consultation and up to Submission, you request a refund of your Strategic Consultation because you changed your mind, we will refund you up to 50% of the Purchase Price of the Strategic Consultation at the time you purchased your Strategic Consultation. For the purposes of this sub-clause 8(b)(iii), ‘up to Submission’ means when you have genuinely answered all the questions in the questionnaire.
Sub-clause 8(b)(iv) - Change your mind after Submission
If, after 72 hours of purchasing you Strategic Consultation and after Submission, you request a refund of your Strategic Consultation because you changed your mind, no refund will be issued for your Strategic Consultation. For the purposes of this sub-clause 8(b)(iv), ‘after Submission’ means when you have submitted your answers to us for your Strategic Consultation.
Sub-Clause 8(c) - Cancellations and Request for Refunds by You – SC1, SC2, Compass and BaseCamp
Sub-clause 8(c)(i): Subject to the applicable law and sub-clause 8(a), the following terms and conditions set out in this sub-clause 8(c) - Cancellations and Requests for Refunds by You – SC1, SC2, Compass and BaseCamp applies to all your purchased SC1, SC2, Compass and BaseCamp sessions.
Sub-clause 8(c)(ii): Change your mind at least 72 hours before your appointment date and time
If, you request a refund of your SC1, SC2, Compass and/or BaseCamp session because you changed your mind, and your request was made at least 72 hours before your appointment date and time, we will refund you up to 90% of the Purchase Price of the SC1/SC2/Compass/Basecamp session at the time you purchased your SC1/SC2/ Compass/BaseCamp session.
Sub-clause 8(c)(iii): Change your mind within 72 hours of your appointment date and time
If, you request a refund of your SC1, SC2, Compass and/or Basecamp session because you changed your mind, and your request was made within 72 hours of your appointment date and time, we will refund you up to 75% of the Purchase Price of the SC1, SC2, Compass/BaseCamp session at the time you purchased your SC1, SC2, Compass/BaseCamp session.
Sub-clause 8(c)(iv): Change your mind within 24 hours from appointment date and time
If, you request a refund of your SC1, SC2, Compass and/or BaseCamp session because you changed your mind, and your request was made within 24 hours of your appointment date and time, no refund will be issued for your SC1/SC2/Compass/BaseCamp session.
Sub-Clause 8(d) - Request by You to Reschedule – SC1, SC2, Compass and BaseCamp
Sub-clause 8(d)(i): Subject to the applicable law and sub-clauses 8(a) and 8(c), the following terms and conditions set out in this sub-clause 8(d) - Request by You to Reschedule – SC1, SC2, Compass and BaseCamp applies to all your purchased SC1, SC2, Compass and BaseCamp sessions.
Sub-clause 8(d)(ii): You can request to reschedule your SC1, SC2, Compass and/or BaseCamp session any time before your Session, provided that you pay a rescheduling fee of 10% of the Purchase Price of your SC1/SC2/Compass/BaseCamp session. Note that you must pay the 10% rescheduling fee before you can reschedule the time for your SC1/SC2/Compass/BaseCamp session.
Sub-clause 8(d)(iii): All your SC1/SC2/Compass/BaseCamp sessions are valid for 4 months from the date you purchased that SC1/SC2/Compass/BaseCamp session/s. We will not accept any request to reschedule your SC1/SC2/Compass/BaseCamp session/s after this 4-month period.
Sub-Clause 8(e) - Cancellations, Rescheduling and Refunds Requests by You – ivyO Bundled Solutions
If you have bought an ivyO Bundled Solution, and request a cancellation, a rescheduled time and/or a refund for any component of your ivyO Bundled Solution, the applicable terms and conditions contained within sub-clauses 8(a), 8(b), 8(c), 8(d) and 8(e) will apply to those individual components for your ivyO Bundled Solution.
Clause 9 - Force Majeure
Subject to the applicable law, and without limiting the operation of sub-clauses 8(a) to 8(e), neither you nor ivyO will be liable for any delay or failure to perform its obligations under these Terms and Conditions of Sale (other than payment obligations) if such delay is due to Force Majeure. If a delay of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party’s obligations will be suspended.
Clause 10 - Disclaimer of Liability and Warranties
Sub-clause 10(a): The Competition and Consumer Act 2010 (Cth), as well as similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you regarding the provision of Paid ivyO Services, which cannot be excluded, restricted, or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law, or statute to the greatest extent permitted by law.
Sub-clause 10(b): To the greatest extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
Sub-clause 10(c): The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
Sub-clause 10(d): To the extent permitted by law, ivyO reserves its absolute discretion to vary the Terms and Conditions of Sale, for any reason, at any time and without notice.
Sub-clause 10(e): Some of your ivyO Solutions may contain links to third party websites which is subject to that third party’s terms and conditions of use. Any links appearing in your ivyO Solutions to third party sites are provided for your convenience only and are neither verified nor endorsed by us. We are not responsible for, nor do we guarantee, the quality or accuracy of content and/or information contained on other sites accessed by links from your ivyO Solutions. Your access of such third-party sites is therefore at your own risk.
Clause 11 - Waiver
Sub-clause 11(a): Any waiver of any clause and/or sub-clause of these Terms and Conditions of Sale will only be valid if it: is in writing; is signed by us; and specifically acknowledges that it is a waiver of the applicable clause/s and/or sub-clause/s of these Terms and Conditions of Sale.
Sub-clause 11(b): Without limiting the operation of sub-clause 11(a), if you breach these Terms and Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Clause 12 - Severance
If one or more of these Terms and Conditions of Sale are found to be unlawful, invalid, or otherwise unenforceable, that/those provision/s shall be considered severed from the remainder of these Terms and Conditions of Sale (which will remain valid and enforceable to the fullest extent permitted by law).
Clause 13 - Applicable Law
These Terms and Conditions of Sale are governed by and interpreted according to Australian law in the state of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
Clause 14 - Updates to these Terms and Conditions of Sale
ivyO retains the absolute discretion to unilaterally review and change these Terms and Conditions of Sale at any time. However, any updates to these Terms and Conditions of Sale do not apply retroactively to any of your past purchases.
Nevertheless, we strongly recommended you visit the “Terms and Conditions of Sale” link each time you order one of our ivyO Solutions and/or ivyO Bundled Solutions.
These Terms and Conditions of Sale were last updated on 16 January 2022.
