Website Terms and Conditions of Sale

These are the Terms and Conditions of Innovative Utility Pty Ltd trading as Innovative Utility (ABN 46648313464) (“Innovative Utility”, “we”, “us”) on our website located at www.iuoutcomes.com, which is owned and operated by us (Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, or as an approved user of the Innovative Utility App (“IU APP”, “App”, the “Product”), you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions, this Website, the IU App, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

1. eCommerce

While we take every care to make sure our Website is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or product availability issue).

Please note that when you engage us through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

2. The Innovative utility app (“IU App”, or “App”)

The Product offered by Innovative Utility Pty Ltd is access to the Innovative Utility App. The IU App is an assistive decision-making tool offering customers a methodology for capturing, codifying and controlling behaviours and actions. The following sub-paragraphs outline the Terms and Conditions applicable to the App.

• Payment

You agree to pay us the invoiced amount within the allocated payment timeframe. Payment for the App is invoiced as an annual amount (see discount and special rates section) then invoiced annually on the anniversary of service commencement.

We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or by direct notification to you as an ongoing customer.

You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods and services unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of our service, require payment in a particular form or terminate this agreement.

We currently accept invoice payments by bank transfer, BPAY, or cheque.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider which are available on their respective websites. You understand that these services are provided by third parties, and we are not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

If you dispute an invoiced amount, please contact us (via accounts@iuoutcomes.com) to seek resolution of the matter in the first instance (see also Dispute Resolution at Section 8).

• Discounts and Special Rates

We may offer discounts or special rates from time to time.

Discounts and special rates are available for the stated period in the offer agreement.

We reserve the right to revoke any discount offer or special rate at any time without notice.

• Delivery of Goods and Service

We offer global utilisation of the IU App. Provision of the service will be provided by on-line/remote means as specified in the offer agreement.

• Service Commencement Timeframes

We process all orders within five (5) working days of receipt of formal request to access the App. Once an order is processed, we’ll do our best to establish and enable your access to the App within the stated offer timeframe.

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders or new customer set ups.

You acknowledge that we’re not liable for any reasonable delay in establishing your access to the App.

Payment of invoice will be expected as specified in sub-para (a) above.

• IU App Access and Activation

You are responsible for identifying an organisational person (known as the organisational Admin) to control access to the App (based on the number of licences purchased).

It is the responsibility of the organisational Admin to specify those in the organisation that will access the App.

Where changes in access is required, we ask that you contact us as soon as possible (via admin@iuoutcomes.com), so that we can initiate applicable changes. We will make reasonable effort to initiate changes to App access and activation in a timely manner.

In the event of a delay in initiating such changes, you acknowledge that our liability is limited to the proportional amount of the fee for service provided under the offer, less our reasonable costs of initiating and applying the change, unless otherwise required by law.

• Risk

Risk in utilisation of the App passes to you upon acceptance and activation of the App.

3. Events beyond control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to provide the goods and services, you release us from any obligation to provide that service while those circumstances continue.

While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

4. Advice and information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

5. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. 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.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

• replacement of the Product;
• repair of the Product;
• payment of the cost of having the Product repaired; or
• such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us at admin@iuoutcomes.com.

6. Refund Procedure

If your goods are defective in any way on delivery, please contact us at admin@iuoutcomes.com as soon as possible to arrange a suitable remedy, such as return, exchange or refund.

Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately ten (10) working days.

7. Intellectual property

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

8. Dispute resolution

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

9. Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

10. Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

11. Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

12. Jurisdiction

As we are based in New South Wales, these terms will be governed by the laws of New South Wales. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them.

This document was last updated: 26/02/2022