Please read these Terms carefully prior to accepting these Terms. By accepting these Terms, you agree that (1) we may disclose personal information to third party service providers, (2) we exclude our liability in relation to your acts or omissions, liability arising due to circumstances outside our reasonable control, or your breach of these terms, (3) our Liability for the supply of the Services will be limited to us repaying you the Subscription Fees paid by you and we will not be liable to you for any loss of profit, loss of benefit, loss of revenue, loss of business and/or loss or corruption of data; and (4) you will not receive a refund if you terminate early.
WELCOME
Welcome to TenderSearch! We are proud to offer you a subscription to our email bulletins containing information about tenders. There are just a few terms and conditions that we need to cover to make sure we’re all on the same page.
We set out on our website (Site) the various ways in which we can assist you (our Services), including the different subscription packages with different inclusions that we offer to you (Subscription).
Depending on the Subscription package, we may provide information about tenders in industries such as advertising, banking, digital services, education, health and social services and other industries (Industry Profiles) as further outlined on our Site (together the Content).
DISCLAIMER
You acknowledge and agree that the Services are provided for general information purposes only, and on an “as is” basis. The Services are not intended to be, and you must not use the Services on the basis that it is financial advice or individualised or customised advice. If you choose to make use of any information, materials or deliverables provided in the delivery of the Services, you do so at your own risk. We do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the information, materials or deliverables provided in the delivery of the Services. It is your sole responsibility to determine the suitability, reliability and usefulness of our Services.
TERMS AND CONDITIONS
This Site is operated by BCI Media Group Pty Ltd trading as TenderSearch ABN 23 098 928 959 (we, our or us). It is available via our website www.tendersearch.com.au, and may be available through other addresses or channels.
Acceptance
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Site (Terms), by signing up for the Services.
Signing up
When you sign up, you must provide basic information including your name, email address, and payment details. You must provide accurate, current and complete information during the registration process.
When you sign up, you select a Subscription and you will choose a subscription period (Subscription Period) which is outlined on our Site.
Tenders
Through your Subscription we will send you information about tenders from various organisations in relation to your chosen Industry Profile. We do not guarantee that there will be tenders in your chosen Industry Profile at any particular time during the Subscription Period. If you want to submit a tender to any of the organisations that you receive information about through our Services, it will be considered an offer from you to perform the services and/or provide the goods to the organisation. If the organisation accepts your offer to provide services and or/ goods, a contract will be formed between you and the organisation.
You understand and agree that we only make available the information about tenders through our Services and we are not a party to any transaction entered into between you and any organisation through which you submit a tender and we have no control over the conduct of any organisation that we send you tender information about. For the avoidance of doubt, the cancellation and variation of any goods and/or services the subject of a tender is strictly a matter between you and the organisation.
Subscription Fees
You must pay us the fees set out on the Site in relation to your Subscription (Subscription Fee) in order to receive the Services outlined in your Subscription. The Subscription Fee is paid in advance of the Subscription Period. The Subscription Fee is paid via the methods set out on the Site. If you pay the Subscription Fee during the Subscription Period via direct debit from a credit card or bank account, the Subscription Fee will be automatically debited on the billing date set out on the Site (Billing Date). You will be required to complete a direct debit request form online. The direct debit arrangement may be subject to additional terms and conditions, as set out on the Site. If you are paying the Subscription Fee via direct debit, you are liable for any fees charged by our third party payment processor as a result of a late payment, except to the extent these are as a result of our error or our system failure and where this is the case you should provide us with a copy of the relevant records so that any issue can be resolved.
To the maximum extent permitted by law, and subject to your Statutory Rights, the Subscription Fee is non-refundable.
Your Subscription will automatically renew for successive periods of one month each unless you cancel your Subscription by giving written notice at least 30 days before the next Billing Date. You can read more about our cancellation policy below.
The Subscription Fee excludes GST.
We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.
We may modify the Subscription and Subscription Fees from time to time upon notice to you. The updated Subscription Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email. If you do not agree to the price change, you may cancel your Subscription in accordance with the cancellation clause below.
Changes, Refunds, Holds and Cancellations
Changing your Subscription
You can change your Subscription type at the end of your Subscription Period by sending us an email. You may also upgrade your Subscription type at any time during your Subscription Period by sending us an email. If you have agreed to direct debit as your payment method, the payment method linked to you will automatically be charged the Subscription Fee for your new Subscription on the next Billing Date for the next Subscription Period, or if you upgrade your Subscription type during the Subscription Period, if you have agreed to direct debit as your payment method, you will be automatically charged the Subscription Fee for your new Subscription on the next Billing Date, or if you have paid the Subscription Fee upfront, we may invoice you the difference
Cancelling your Subscription
If you choose to cancel your Subscription prior to the expiry of the Subscription Period, please note, to the extent permitted by law and subject to your Statutory Rights, we do not offer refunds and you will be responsible for continuing to pay the Subscription Fee for the remainder of the Subscription Period. You agree to promptly pay any and all unpaid Subscription Fees due at the end of the Subscription Period. For the avoidance of doubt, if you pay the Subscription Fee via direct debit, you will be automatically debited the Subscription Fee on each Billing Date until the end of the Subscription Period.
After you receive confirmation from us of the cancellation of your Subscription, your access to the Services will end at the end of the Subscription Period.
Collection Notice
We collect personal information about you in order to enable you to access and use the Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Services. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Intellectual Property rights
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site and the Services in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of the Services and your use of and access to any Content (including downloaded Content) does not grant or transfer to you any rights, title or interest in relation to the Services or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Services, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.
Australian Consumer Law
Certain legislation, including the ACL, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your statutory rights as a consumer under the Australian Consumer Law.
Liability
In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use of the Services by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Services; (4) any interaction between you and any organisation or any third party listed in the Content; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; (5) the Services being unavailable, or any delay in us providing our services to you, for whatever reason; (6) any transaction entered between you and any organisation listed in a tender; and/or (7) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Warranties, disclaimers and Indemnities
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms, (3) to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Services will be true, accurate and complete; and (4) you will comply with all applicable laws.
You acknowledge and agree that (1) you use the Services and Content at your own risk; (2) the provision of the Services and/or Content may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs; and (3) our information is for your sole use, and we accept no responsibility to any third party.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of the Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
This clause will survive the termination or expiry of these Terms.
Termination
At our sole discretion, we may suspend your Subscription or terminate these Terms immediately with notice to you if you are in material breach of these Terms (including for non-payment of our Subscription Fees), any applicable laws, regulations or third-party rights.
General
Third party sites: Our Site, the Services and the Content may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Services, in whole or in part. We may also exclude any person from using our Services, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Competitors: You are prohibited from using our Services, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Services up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Services after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Services. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you Subscription Fees paid in advance by you in connection with the unused portion of the Services.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Jurisdiction: Your use of our Services and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
BCI Media Group Pty Ltd trading as TenderSearch (ABN 23 098 928 959)
Email: info@tendersearch.com.au
Last update: 23 June 2022
