This document sets out the terms and conditions on which Australian Tenders agrees to provide certain services to you using the Australian Tenders website.
Definitions
1. In this agreement:
a) ‘Australian Tenders’ means Procure Communication Pty Ltd trading as Australian Tenders (ABN 52 138 669 655)
b) ‘You’ means the person, company or other organisation or entity which is registering to access the Website and to use the Services pursuant to these terms and conditions.
c) ‘Services’ means the services provided by Australian Tenders through the Website, which include access to listings of tenders and any other services provided by Australian Tenders, including alerts or other communications as to tenders.
d) ‘Software’ means any software used by Australian Tenders in the course of providing or delivering the Website or Services.
e) ‘Third Party Facilities’ means any facilities, platforms, products, services, applications or other resources provided by third parties which are used in the delivery of the Services or which are provided or used with the Services and which include (without limitation) resources by which the Services are provided over the internet, hosting services and facilities, facilities by which payment or other financial transactions are concluded, or the services, products or software of third parties with which the Services are used, integrated or connected.
f) ‘Trade Marks’ means the trade mark “Australian Tenders” and any other trade mark used by Australian Tenders in relation to the Services.
g) ‘Website’ means the Australian Tenders website found at www.australiantenders.com.au or such other website as may be used by Australian Tenders from time to time.
Your Registration
2. Prior to being able to submit to access restricted areas of the Website or use the Services, you must register with Australian Tenders via the Website. On registering, you warrant and represent that:
a) The information you provide to Australian Tenders is true, complete, accurate and up to date;
b) You will not provide Australian Tenders, any other user of the Website or acquirer of Services from Australian Tenders with inaccurate, misleading or false information;
c) If an individual is registering on behalf of a company or other organisation or entity, that individual has the authority of that company or other organisation or entity to register on its behalf and enter into these terms and conditions; and
d) If you are an individual, you are at least 18 years old.
3. You must:
a) Ensure that your information is updated on a regular basis to ensure that it is true, complete, accurate and up to date at all times;
b) Keep your registration information, including any password or other security information, secure such that it can only be used by authorised personnel;
c) Not allow any unauthorised person to use your registration;
d) Not divulge your password or other registration information to any unauthorised person save as permitted by these terms and conditions; and
e) Not make the Services available to any other person using your registration except where Australian Tenders has agreed to this occurring.
4. You must immediately notify Australian Tenders of any breach of security or unauthorised use of your registration. You are responsible for all use of the Services using your registration and will indemnify Australian Tenders (togetherwith each of its related bodies corporate, directors, officers, employees, agents and contractors) for any loss or damage suffered as a result of any unauthorised use of your registration.
5. You acknowledge and agree that the internet protocol address (commonly referred to as an ‘IP address’) of the computer from which you access the Website may be logged each time you access the Website such that a permanent record will be created that the Website was accessed by the computer in question.
6. Upon acceptance of your registration by Australian Tenders, Australian Tenders will provide access to the restricted areas of the Website and provide the Services to you. Australian Tenders reserves the right not to accept your registration at its absolute discretion.
7. Australian Tenders will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week subject to:
a) scheduled downtime for maintenance, upgrade, and other purposes, notice of which will be given to you;
b) unavailability or downtime of the Website or the Services caused by circumstances beyond the reasonable control of Australian Tenders;
c) any reasonable limitations imposed on access to or use of the Services by Australian Tenders.
Payment/Renewals/Refunds
8. By registering, you agree to pay for the Services to be supplied as described on the Website. All payments are non-refundable (except where a refund is required to be paid to you under a law or statute) and are payable whether or not you make use of the Services.
9. The Subscription will automatically renew “Auto Renew” for a further term immediately following the end of the preceding Subscription unless you notify us you wish to terminate this agreement or you cancel the subscription online.
10. Australian Tenders may offer new subscribers a 7-day free trial subscription (“Free Trial”). If you have had a previously paid subscription, you will not be provided with a Free Trial.
a) Free subscriptions will Auto-Renew at the end of the Free Trial unless you cancel it online or by contacting us.
b) You are only entitled to one (1) free trial subscription. Any attempt to sign up for a subsequent Free Trial subscription will be considered a material breach of these terms, entitling Australian Tenders to cancel your Free Trial subscription.
c) If you choose to upgrade your subscription during the trial period, any remaining free trial days will not be transferred. Your subscription will convert to a paid subscription immediately upon clicking CONFIRM during the upgrade process
11. You may upgrade or downgrade your subscription level at any time during the term of this Agreement. You will be required to pay the increased subscription fee at the time you make the request. You will not receive a pro-rata refund if the new subscription fee is of a lesser amount.
12. Payments must be made as specified on the Website. Where payment is made by credit card, PayPal, or similar means, you:
a) must provide appropriate details to our financial services provider for the purpose of making such payments;
b) authorise Australian Tenders to charge payments due to the credit card, PayPal or other account on the dates on which such payments are due. Where arrangements are made for payment on receipt of an invoice, you must pay the invoice within 7 days of the date of the invoice (unless another period is specified in the invoice).
13. Australian Tenders is entitled to suspend the provision of the Services (or part of them) or your access to the Website where you fail to make any payment (or part of a payment) due pursuant to these terms and conditions or if you are otherwise in breach of the terms of this agreement. Australian Tenders will give you 7 days’ notice of any proposed suspension of the Services.
14. Unless otherwise specified, all amounts stated to be payable pursuant to these terms and conditions are in Australian dollars.
15. Australian Tenders may, from time to time, increase the subscription fees. Any fee increase will be notified to you at least 30 days before it is implemented, and you will be given the opportunity to opt out of continuing your subscription. If you do not opt out, your subscription will be renewed at the increased rate. Where we are authorised to deduct payments using your credit card, PayPal or other means, you authorise us to deduct the increased amount of your subscription.
Intellectual property
16. Australian Tenders retains ownership of all intellectual property rights (including, without limitation, the copyright in all content of the Website provided by Australian Tenders, any trade mark or domain name) relating to the Website or created in the course of providing the Services.
17. Australian Tenders grants to you a non-exclusive, non-transferable, personal licence to use the Services for the purpose of accessing information on tenders published on the Website and for no other purpose. All other rights are reserved, and no other licence is granted in relation to the intellectual property owned by or licensed to Australian Tenders.
18. You must not copy or permit any other party to copy the Website or any part of it other than where permitted by these terms and conditions. You must not reverse engineer, decompile, disassemble or otherwise interfere with the Website, or permit any other party to do any such an act. You must not disable or attempt to disable any device installed on the Website which controls its security or use. You acknowledge and agree to comply with the Copyright notice published on the Website.
19. You will not access or use the Services for the purpose of using a platform for the delivery of services that are competitive with the Australian Tenders platform. You must not copy any content of the Website (except in using the Services for their permitted purpose) for the purpose of supplying that content to the public or any third party.
20. If you make any suggestions or provide feedback in relation to the Services or the Website, Australian Tenders may use such suggestions or feedback without any payment or other consideration due to you. You grant to Australian Tenders a perpetual, irrevocable, worldwide and royalty-free licence to use any suggestions or feedback relating to the Services, the delivery of the Services or the Website.
Confidentiality
21. Each party will keep confidential any confidential information belonging to the other party disclosed pursuant to their dealings regarding the use of the Website and the Services.
22. A party to whom confidential information is disclosed (the Recipient):
a) must not disclose any of the disclosing party’s confidential information to any third party except with the prior written consent of the disclosing party;
b) must not copy or use any of the disclosing party’s confidential information for any purpose except as contemplated by this agreement;
c) must use the Recipient’s best endeavours to protect the confidentiality of any documents or computer systems containing the disclosing party’s confidential information, including the implementation of work practices and procedures restricting the access to and use of any such documents or computer systems;
d) will only disclose the disclosing party’s confidential information to the Recipient’s officers and employees who need to know the disclosing party’s confidential information;
e) will procure that the Recipient’s officers and employees are made aware of the Recipient’s obligations of confidence in relation to the disclosing party’s confidential information and that each officer and employee must comply with such obligations;
f) if requested by the disclosing party, procure that each officer or employee to whom the disclosing party’s confidential information is to be disclosed executes a confidentiality agreement containing similar confidentiality terms to this agreement prior to such disclosure;
g) will comply with all reasonable instructions or directions given to the Recipient by the disclosing party regarding the protection of the disclosing party’s confidential information.
Privacy
23. By registering to use the Services or Website, you consent to Australian Tenders collecting, keeping and using your personal information. Your personal information will be kept and used by Australian Tenders in accordance with its privacy policy.
Warranties
24. Australian Tenders warrants that:
a) the Services will substantially conform to the description of the Services specified on the Website; and
b) the features and functionality of the Services will not be materially decreased during the period of your registration.
25. Australian Tenders does not warrant that the Services will be error-free, available at all times, or that the information provided about tenders is true, accurate, and up to date.
26. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by:
a) if you are located in Australia, Schedule 2 of the Competition and Consumer Act 2010 (Cth) containing the Australian Consumer Law;
b) if you are located in New Zealand, the New Zealand Consumer Guarantees Act 1993; or
c) any other applicable law that cannot be excluded, restricted or modified by agreement.
Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions, guarantees, warranties, rights or remedies are excluded.
Liability
27. In this section headed ‘Liability,’ all references to Australian Tenders refer to Australian Tenders together with each of its related corporate bodies, directors, officers, employees, agents, and contractors.
28. You must take your own precautions to ensure that the processes which you employ for accessing the Website and using the Services do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, Australian Tenders does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website, use of the Services or any linked website.
29. To the maximum extent permitted by law, Australian Tenders’ liability and your sole remedy for breach of any express warranty, or guarantee, warranty, right or remedy implied or conferred by law, is limited to, at Australian Tenders’ option, one or more of:
a) supplying the Services again; or
b) payment of the cost of having the Services supplied again.
30. Except as expressly provided elsewhere in this agreement or where liability cannot be excluded by operation of law, Australian Tenders will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the availability or your use of the Services or the Website.
31. Australian Tenders will be under no liability to you, and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of revenue, business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the availability or your use of the Services or the Website.
32. You acknowledge that Australian Tenders relies on Third Party Facilities to deliver the Services and that such Third Party Facilities may fail or malfunction or not be available through no fault of Australian Tenders. To the maximum extent permitted by law, Australian Tenders will be under no liability to you, and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you which is caused, or contributed to, by a defect, fault or failure of any Third Party Facilities or if Third Party Facilities are not available.
33. To the maximum extent permitted by law, Australian Tenders accepts no responsibility for and excludes liability for any interpretation or use of the content, data, results or other information generated by use of the Services or the Website by you or any other person. You acknowledge and agree that such content, data, results or other information may contain errors or omissions. Without limiting any other provision in this agreement, Australian Tenders will not be liable to you (whether for breach of contract, negligence or otherwise) for any loss or damage suffered by you or any third party by reason of any reliance on or the interpretation or use of the content, data, results or other information generated by use of the Website or the Services or for any error or defect or omission arising out of the use of the Website or the Services.
Security
34. Australian Tenders will adopt and implement measures to protect the integrity and security of the Website and Services and any information provided by you in relation to your use of the Website or Services, such measures being of the sort and standard reasonably to be expected of a provider of services of the sort provided by Australian Tenders. You acknowledge that the integrity or security of information provided by you may be compromised even where such measures are adopted and implemented or where there is a failure of the owners or operators of Third Party Facilities to protect the integrity and security of information provided by you. Subject to any law or statute which prohibits the exclusion or limitation of any guarantee, condition, warranty, right or remedy, Australian Tenders will be under no liability to you, and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you as a result of any breach of security which results in unauthorised access to the Website or the Services or the information provided by you.
Compliance
35. You must comply with any law, legislation, regulation or code of practice applicable to your use of the Website and the Services. To the maximum extent permitted by law, Australian Tenders shall not be responsible or liable for any breach of any applicable law, legislation, regulation or code of practice by you in relation to your use of the Website or the Services.
36. You must not use the Website or the Services for any illegal purpose, including (without limitation):
a) sending or making unlawful, harassing, defamatory, libellous, tortuous, abusive, threatening, or obscene communications of any kind;
b) posting, publishing or disseminating material that infringes or violates any third party’s proprietary or intellectual property rights;
c) posting, publishing or disseminating material that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation,
d) posting, publishing or disseminating objectionable material, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone; or
e) posting, publishing or disseminating spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
37. You agree that, in using the Website and the Services and providing, submitting, or dealing with any content on the Website, you must:
a) only use the Services in the manner specified by Australian Tenders from time to time;
b) not disrupt or interfere with another subscriber’s use or enjoyment of the Services;
c) not access or use or attempt to access or use another person’s account, service or system or any Software or system used by Australian Tenders in relation to the Website or the Services;
d) not attempt to obtain unauthorised access to or disrupt or interfere with the security of, or otherwise abuse, the Services or the Website, the Website system resources or accounts, or any servers or networks connected to the Website or which are used in the provision of the Services by Australian Tenders;
e) not systematically extract, collect or harvest, through electronic means or otherwise, any data or data field or other content, on the Website;
f) not disrupt the normal operations of the Services or Website;
g) not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
h) not create, import or export any content that infringes, or may infringe, on any rights of a third party (including rights of privacy or intellectual property rights) without first obtaining the consent of that third party; and
i) comply with all applicable laws and regulations related to privacy and data collection.
Term and Termination
38. Australian Tenders will provide the Services to you (and you will be entitled to utilise the Services) under this agreement for the term of the subscription period you have selected during registration and any subsequent automatic renewal(s) of that term (Subscription Term). The Subscription Term will Auto Renew as defined in clause 9.
a) If your subscription term is quarterly or yearly, we will notify you 7 days prior to automatically renewing the Subscription Term to provide you an opportunity to terminate this agreement:
If we do not send you a notification in accordance with this clause, you may terminate this agreement by notice to us, and we will refund the pro-rata portion of the fees paid for the balance of the then Subscription Term.
39. Australian Tenders may terminate this agreement with immediate effect by giving notice to you if:
a) you are in breach of this agreement, and the breach is not capable of being remedied;
b) you are in breach of this agreement and, in the case of a breach which is capable of being remedied, you fail to remedy the breach within 30 days of receipt of written notice of the breach;
c) you fail to pay any amount due to Australian Tenders within 21 days of receiving a written demand for payment;
d) you are subject to any application for winding up, or liquidation, or for the appointment of a liquidator, receiver or manager, or are subject to any other form of insolvency event; or
e) Australian Tenders ceases to provide the Services.
40. If this agreement expires or is terminated, you must immediately stop using the Services. On termination, all payments due to Australian Tenders prior to termination must be made within 21 days.
General
41. If any provision or part of a provision of these terms and conditions is held to be illegal, unenforceable or otherwise invalid, that provision or part will be deemed to be severed from these terms and conditions and the remainder of the agreement between Australian Tenders and you will continue in effect.
42. You will indemnify Australian Tenders (together with each of its related bodies corporate, directors, officers, employees, agents and contractors) and keep each of them indemnified against any loss or damage suffered by Australian Tenders arising out of any breach of this agreement by you including (without limitation) any loss or damage arising out of any claim by any third party against Australian Tenders.
43. Subject to clause 44, these terms and conditions are governed by and construed in accordance with the laws of Western Australia and the parties consent to the exclusive jurisdiction of the courts of Western Australia.
44. If you are located in New Zealand, there may be laws of New Zealand that are applicable to these terms and conditions, in which case such terms and conditions will be governed and construed in accordance with the relevant laws of New Zealand and the parties consent to the non-exclusive jurisdiction of the courts of New Zealand with respect to such terms and conditions.
45. Australian Tenders reserves the right to amend or vary these terms and conditions from time to time. Amendments or variations to these terms and conditions will be effective immediately upon Australian Tenders posting a notice on the Website. We recommend that you check our Website regularly to take notice of any changes we may have made to these terms and conditions. Your continued use and acceptance of the Services following the posting of such a notice will represent an agreement by you to be bound by the terms and conditions as amended, and such amended terms and conditions will apply to any future use of the Website and the provision of the Services.
46. All dates and times are determined by reference to the date and time in Western Australia.
47. To the maximum extent permitted by law, Australian Tenders will not be liable for, and all liability is excluded in relation to or arising from any event which is beyond the reasonable control of Australian Tenders including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.
48. These terms and conditions constitute the entire agreement between the parties in respect of the supply of the Services. This agreement supersedes all prior representations, warranties, agreements, understandings, negotiations and discussions, whether oral or written, express or implied, collateral or otherwise, by or between the parties pertaining to the subject matter of this agreement.
49. Any notice to be given by a party pursuant to this agreement must be in writing and may be given:
a) by email, which will be deemed to have been received by the recipient on the date on which it was sent unless a notice is received by the sender stating that the email was not able to be delivered or the recipient can establish that the email was not received; or
b) by letter sent by a method that permits tracking and which will be deemed to have been received on the date on which it is delivered according to the tracking system. Where a notice is sent or received on a day that is not a business day in Western Australia, it will be deemed to have been sent and received on the next business day in Western Australia.
50. This agreement is personal to you and must not be assigned by you except with the prior written consent of Australian Tenders (which consent will not be unreasonably withheld). Australian Tenders may assign the benefit of this agreement to a third party.
Version 1.7
Date: 25/11/2024
AT-P05-POL03