Terms of Service
Last Updated: November 2026
These Terms & Conditions (“Terms”) govern your use of the Brilliant Minds Australia website, punch-out catalogue, ordering systems, and any products or services supplied by Brilliant Minds Australia Pty Ltd (“we”, “us”, “our”). By accessing our website or placing an order, you agree to these Terms.
1. Definitions
- “Customer” means any individual, school, educator, organisation or business placing an order.
- “NSW Education Customer” means an Eligible Customer under the NSW Department of Education Head Agreement.
- “Contracted Goods” refers to items listed within the NSW Education contract.
- “Punch-Out Catalogue” refers to the Brilliant Minds Australia NSW Education online ordering system integrated with Unimarket or other platforms.
- “Website” means brilliantminds.com.au or any DoE-specific ordering portals we host.
2. Use of the Website
By using our website, you agree that you will:
- Provide accurate, current and complete information
- Not misuse or interfere with the website
- Not attempt to bypass security mechanisms
- Only place orders you are authorised to place on behalf of your school, organisation or yourself
We may modify website features or suspend access as needed.
3. Cookies and Tracking
We only use essential cookies needed for the cart and login. We do not use:
- Tracking, analytics or advertising cookies
- Tracking scripts
- Analytics pixels
- Advertising or behavioural profiling tools
Your information is only collected when you intentionally submit it to us (e.g., placing an order, using a form, or contacting support).
4. NSW Education Pricing & Contract Conditions
For NSW Education Customers:
- All prices displayed are Capped Prices as per the NSW Education Head Agreement.
- Prices will not exceed the approved rates.
- If we offer lower market pricing for 30+ days, the lower price automatically applies to all Eligible Customers.
- Delivery is Free Into Store (FIS) for orders above the minimum threshold.
- Individual schools or directorates may establish a Preferred Supplier Agreement (PSA) with additional service requirements.
All Contracted Goods must meet or exceed specifications in the item description.
5. Orders & Acceptance
An order is considered accepted when:
- Payment is received, or
- A valid NSW Education Purchase Order is submitted and verified
We reserve the right to cancel or refuse an order where:
- Incorrect or incomplete information is provided
- Products are unavailable
- The order does not comply with contract conditions
- Fraud or unauthorised activity is suspected
All customers will be notified of issues promptly.
6. Delivery & Service Standards
6.1 NSW Education Delivery Timeframes
- Metro NSW: Next business day (orders before 12pm)
- Regional NSW: 2–3 business days
- Remote NSW: Up to 5 business days
6.2 Delivery Conditions
- Deliveries must be signed for; goods are not left unattended.
- Damaged, incorrect or oversupplied goods will be collected and replaced at no cost.
- Undeliverable items due to incorrect or inaccessible addresses may incur a redelivery fee.
7. Out-of-Stock Items & Substitutions
If an item becomes temporarily unavailable:
- It will be delivered in the next delivery window, or a substitute of equal or better quality may be offered at the same or lower price, or the customer may request a cancellation or refund.
All substitutes must meet NSW Education specification requirements.
8. Returns, Refunds & Replacements
We comply with Australian Consumer Law and NSW Education return obligations.
Customers may request a return or replacement when:
- Items are damaged or faulty
- Incorrect products are delivered
- Goods fail to meet specifications
- Items are subject to recall
- Oversupplied goods are delivered
Refunds will be issued once goods are collected or verified.
Change-of-mind returns are not guaranteed and may be approved at our discretion if items are unused, unopened and in resaleable condition.
9. Payment Terms
We accept:
- NSW Education Purchase Orders (through the PunchOut catalogue)
- P-Card (purchasing card) is also available
NSW Education Customers:
Invoices must:
- Reference the correct Purchase Order
- Match approved contract pricing
- Comply with the Faster Payments Policy for small businesses
Failure to use an authorised Purchase Order may delay delivery.
10. Product Compliance & Safety
All products supplied:
- Meet or exceed stated specifications
- Comply with Australian safety standards (GECA, FSC, ISO 8124, REACH, etc.)
- Come from reputable and approved manufacturers
- Include appropriate packaging, labelling and barcodes
Substitutions are invoiced at the same or lower price.
11. Warranty
Products may include manufacturer warranties.
Where no manufacturer warranty exists, Australian Consumer Law guarantees apply.
12. Limitation of Liability
To the maximum extent permitted by law, we are not liable for:
- Indirect, incidental or consequential loss
- Loss resulting from delays outside our control
- Unauthorised access caused by third-party breaches
- Customer misuse or misinterpretation of products
Our liability is limited to:
- Replacement of goods
- Re-supply of goods
- Or a refund of the original purchase amount
as permitted by Australian Consumer Law.
13. Intellectual Property
All images, text, data, product descriptions, layout and design on our website or catalogue are owned by Brilliant Minds Australia.
You may not reproduce or copy content without written permission.
14. Changes to These Terms
We may update these Terms to reflect:
- NSW Education contract changes
- Legal or regulatory updates
- Improvements to our website or operations
The “Last Updated” date will reflect the most recent revision.
15. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be handled under NSW jurisdiction.
16. Contact Information
For questions about these Terms: