Terms & Conditions
Please read our Terms & Conditions carefully as making a purchase signifies acceptance of these terms. These Terms & Conditions govern the supply by us of any Product ordered by you on the Website www.iscsport.com. These Terms & Conditions are subject to change at any time without notice. Every transaction is governed by the Terms & Conditions in place at the time of the transaction.
1.1 References to “ISC”, “we”, “us” or “our” are references to ISC LIVE.DREAM.PLAY. PTY LIMITED, ABN 38 613 210 361, 17 Dunning Ave, Rosebery NSW 2018, Australia, and its subsidiaries, associates and officers, unless otherwise stated.
1.2 "Account" means the account that you will need to register for on the Website, if you would like to submit an Order on the Website;
1.3 "Acknowledgement" means our acknowledgement of your Order by email;
1.4 "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia.
1.5 “Contract" means your Order of a Product or Products in accordance with these Terms & Conditions;
1.6 “Customer" means individual who places an Order on the Website;
1.7 “Order" means the order submitted by you to the Website to purchase a Product from us;
1.8 “You" means the Customer who places an Order;
1.9 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms & Conditions;
1.10 “Exchanges” refer to like-for-like products to the same value;
1.11 Website means www.iscsport.com, and such other websites as may be utilised by ISC for the sale of Goods from time to time;
1.12 “Original Dispatch” means the time the product was sent from seller to customer.
2. ACCESS & USE
2.1 Your access to and use of the Website is conditional on your acceptance of these Terms & Conditions. If you do not accept these Terms then you must not access or use, or must immediately cease all access or use of the Website.
2.2 You agree that:
a) Any purchase and all access and use of this Website by you shall be in accordance with:
i. These Terms; and
ii. Any notices displayed on the Website from time to time.
b) We may revise, replace or amend these Terms from time to time, in our sole discretion.
c) You will use your best endeavours to ensure that:
i. Any unauthorised access is immediately notified to us;
ii. All reasonably necessary or desirable security measures, procedures or systems are implemented and maintained by you to enable you to comply with your obligations under these Terms.
2.3 You must not use the Website, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must only use the Website for lawful purposes and must not use the Website for any of the following:
a) Fraudulent purposes in connection with any criminal offence or any other unlawful activity;
b) To send, post, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identify of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or which consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam.
3. YOUR STATUS
3.1 To place an order and create a Contract with ISC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
4.1 These Terms & Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms & Conditions. Nothing in these Terms & Conditions affects your statutory rights (including the right to insist that Products you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
4.2 These Terms & Conditions shall prevail over any separate Terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
4.3 No other Terms or changes to the Terms & Conditions shall be binding unless agreed in writing and signed by us.
5. HOW A CONTRACT IS FORMED
5.1 When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your prospective Order before you submit it to the Website.
5.2 Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Website) the charges you must pay including tax, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in the currency then in force in Australia.
5.3 You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, or by Paypal, which we require in order to process your Order.
5.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
5.5 You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
5.6 When you submit an Order to the Website, you agree that you do so subject to these Terms & Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms & Conditions each time you submit your Order.
5.7 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
5.8 We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
5.9 A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the Order of the Product.
5.10 If you discover that you have made a mistake with your Order after you have submitted it to the Website, please email ISC Customer Service;
1300 853 585
However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions. Please see “Cancellations” in this document.
5.11 We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
5.12 We try very hard to ensure the product images on the Website are correct, however, from time to time sponsor logos change and therefore the product images are to be used for illustration purposes only. ISC takes no responsibility for product logo variants.
5.13 Prices and Products are subject to change at any time without notice.
5.14 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
5.15 You must only submit to us or the Website information which is accurate and not misleading and you must keep it up to date and inform us of changes.
6. POSTAGE AND SHIPPING RATES
6.1 We’re happy to offer Free Standard Domestic Shipping on all orders over $75.00 Australia wide. For any orders under $75, a $10 flat delivery charge will apply. ISC reserves the right to end or change the free shipping offer at any time. * Freight carriers and charges are subject to change.
7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order.
7.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to dispatch within 2-3 Business Days from the date of any Order which we accept but we cannot guarantee any firm delivery dates.
7.3 ISC shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.4 ISC will endeavour to use Australia Post services wherever possible within Australia.
7.5 On delivery of the Product, you will be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
7.6 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.7 ISC takes no responsibility for lost orders if customers provide incorrect address details.
7.8 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
7.9 Unless otherwise specified, all risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
7.10 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
7.11 You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
7.12 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
7.13 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges.
7.14 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
7.15 Colours depicted should be used as a guide only as some fabrics and materials may appear different depending on lighting conditions resulting in colour variations shown on the Website. Colour variations will not be accepted as a reason for return.
7.16 The Customer is responsible for any additional taxes, duties, levies or charges in any jurisdiction levied in relation to the Products or the delivery thereof unless expressly included in the order.
8. CANCELLATION BY ISC
8.1 We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product.
8.3 We reserve the right to cancel the Contract between us if:
a) We have insufficient stock to deliver the Products you have ordered;
b) We do not deliver to your area; or
c) One or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
8.4 If we do cancel your Contract we will notify you by e-mail and will re-credit to your account or credit card any sum deducted by us as soon as possible but in any event within 7 days of your order. You will not be entitled to any additional compensation.
8.5 In the event of part of your order being unavailable at the time of order we will contact you by either e-mail or phone to find out if you would like us to deliver the available items immediately or wait until the order can be completed. In any event where an item is not available we will cancel this part of the Contract if we deem appropriate.
9. CANCELLATION BY BUYER
9.1 If you wish to cancel your Order please contact our Customer Service Team by phone or email immediately.
1300 853 585
No cancellation fees apply. Once an order has been dispatched it may not be cancelled and the item must instead be returned to ISC in accordance with the Company’s Returns Policy.
10. RETURNS & EXCHANGES
10.1 ISC is happy to refund or exchange the item as long as it is in its original condition, all tags are still attached to the garment, the garment is unused, unworn and unwashed and returned within 10 days of original dispatch. Exchanges refer to 'like-for-like' products of the same value. ISC will only reimburse the total value of returned goods, excluding any shipping costs associated with your original order.
Notify ISC Customer Service of the product return within 10 days of original dispatch. Once you have notified us that you are cancelling your Contract, you will be issued a unique Return Authorisation form which must be returned with your goods at your expense.
1300 853 585
Wrap the package securely and enclose your Return Authorisation Form and send to the applicable address below.
** IMPORTANT – ISC takes no responsibility for returned items that are lost in transit and don't reach us. We recommend that you obtain postal insurance via a parcel tracking provider before returning any items.
PO BOX 811
Once we have received the returned Products, exchanges and refunds will be processed within 48 hours. Refunds will credit the original account of payment. Please note bank to bank transfer times may vary and can take up to 5 days.
11. FAULTY PRODUCTS
11.1 In the unlikely event that a Product is sent to you in a faulty condition, ISC is happy to exchange or refund the item. You must follow this process.
Notify ISC Customer Service of the fault within 10 days of original dispatch.
1300 853 585
If ISC agrees the fault is a product defect, you will be issued a Return Authorisation form which must be returned with the product.
A reply-paid authorisation number of postage will be provided to Australian Customers only.
** IMPORTANT – ISC takes no responsibility for returned items that are lost in transit and don't reach us. We recommend that you obtain postal insurance via a parcel tracking provider, before sending any items.
Wrap the package securely and enclose your Return Authorisation Form,and send to:
PO BOX 811
Once we have received the returned Products, exchanges and refunds will be processed within 48 hours. Refunds will credit the original account of payment. Please note that bank to bank transfer times may vary and can take up to 5 days.
12. PAYMENT AND CHARGES
12.1 Orders must be paid for in full prior to delivery.
12.2 All prices are shown in the currency of the selected country (at the top of the page) and include the taxes relevant to that country. However, this is a currency conversion tool only and the price charged to you could vary slightly based on currency fluctuations at the time of purchase. Products will be charged in Australian dollars.
12.3 For orders that are not eligible to receive the Free Shipping Promotion, freight costs relate to total order amount. Refer to ALL Postage and Shipping Rates.
12.4 You may pay for the Products using one of the following payment methods:
b) Secure Pay – Our chosen secure payment gateway
c) MasterCard or Visa Card
PLEASE NOTE: If payment is made by credit card ISC may charge a processing fee of 1.25% for MasterCard & Visa.
13. VOUCHERS/COUPONS AND GIFT CARDS
13.1 You may use promotional vouchers as payment for certain Products on the Website. Please note that, notwithstanding anything else in these Terms & Conditions, promotional vouchers and gift vouchers cannot be used as a form of payment on certain Products.
13.2 We may email promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
13.3 If you have a promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
13.4 We assume no liability for the loss, theft or illegibility of promotional vouchers.
13.5 ISC "Get $10 off when you sign-up offer" - This coupon cannot be used in conjunction with any other offer. A limit of one coupon per customer. Coupon value will be subtracted from the total shipping cart amount at checkout when the shopping cart value is equal or more than $50, excluding any shipping costs and tax if these are applied. the coupon is not redeemable for money and ISC reserves the right to end this promotion at any time.
14. CONDITIONS FOR THE REDEMPTION OF PROMOTIONAL VOUCHERS/COUPONS
14.1 From time to time we may release promotional vouchers that may be used on the Website. Promotional vouchers can only be redeemed on the Website.
14.2 Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with ANY other offer (including, for the avoidance of doubt, sales, promotions and other vouchers).
14.3 The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
14.4 If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
14.5 The credit of a promotional voucher does not accrue interest nor does it have a cash value.
14.6 If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
14.7 Please note that only one promotional voucher can be used per order and cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
15. LINKS TO OTHER WEBSITES
15.1 This Website may contain links to Websites on the internet owned and operated by third parties and which are not under the control of ISC (the “External Web Websites”).
In relation to External Web Websites, which are linked to this Website, we:
a) Provide the link or links to External Web Websites as a convenience to you and the existence of a link or links to External Web Websites does not imply any endorsement by ISC of the External Web Websites;
b) Is not responsible for the material contained on those External Web Websites; and
c) Makes no warranties and accepts no liability in relation to material contained on those External Web Websites.
16. NO WARRANTY
16.1 You acknowledge and agree that ISC does not warrant, guarantee or make any representation that:
a) This Website, the Content or the server that makes the Website available on the internet are free of software viruses or other computer based Websites or issues;
b) The functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that
c) Errors and defects in this Website or the Content will be corrected.
17.1 This clause prevails over all other clauses.
17.2 Nothing in these Terms & Conditions shall exclude or limit:
a) Our Liability for:
ii. Death or personal injury caused by our Breach of Duty;
iii. Any breach of the obligations implied by law; or
iv. Any other Liability which cannot be excluded or limited by applicable law.
b) Your statutory rights as a consumer.
17.3 Subject to clause 2 above:
a) You should not rely on any information accessed using the website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
b) We do not accept and hereby exclude any liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms & Conditions.
c) We shall have no liability for any indirect or consequential loss and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.
d) Our total liability under these terms or any contract with you shall in no circumstances exceed, in aggregate, a sum equal to the greater of
i. $100; or
ii. 110% of the value of the relevant contract under which the cause of action arises; and
e) Our total liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of:
i. $100; or
ii. 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
19. OWNERSHIP OF INTELLECTUAL PROPERTY
19.1 You acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in or in relation to our Products and the Website remains with or vests in us or third parties.
21.1 These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.
22.1 We shall keep a record of your Order and these Terms & Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms & Conditions, your Order, the Acknowledgement and the Confirmation of Order.
22.2 No failure or delay by us or you in exercising any right under these Terms & Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms & Conditions or a Contract.
22.3 If any clause in these Terms & Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms & Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
22.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms & Conditions or a Contract or all or any of your rights or obligations under these Terms & Conditions or a Contract.
22.5 Nothing in these Terms & Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
22.6 No person who is not a party to these Terms & Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms & Conditions or that Contract its assent to any such term.