Procurement Gateway Terms and Conditions

1. Application of these Terms and Conditions to Procurement Gateway

These Terms and Conditions (the Terms and Conditions) govern the use of the Procurement Australasia Ltd (ACN 058 335 363) (trading as ‘Procurement Australia’ and ‘Space Station’) (Procurement Australia, us, we) online procurement contracting platform ‘Procurement Gateway’ (Procurement Gateway) and apply to:

Procurement Australia’s customers /customer contacts (including officers, agents, employees or contractors) who seek to purchase goods/services under standing offers and direct negotiation arrangements between Procurement Australia and its suppliers;
Procurement Australia’s customers / customer contacts (including officers, agents, employees or contractors) who seek to purchase goods/services by launching their own bespoke Request for Quotation (RFQ);
Procurement Australia’s suppliers/supplier Contacts (including officers, agents, employees or contractors) who have made standing offers available to Procurement Australia’s members; and
Procurement Australia’s suppliers/supplier Contacts (including officers, agents, employees or contractors) who are involved in the RFQ process using Procurement Gateway,

(jointly and severally, “you” or ”your”).

Please read these Terms and Conditions carefully before using Procurement Gateway. By using Procurement Gateway, you agree to and accept on behalf of yourself and your organisation to be bound by and to bind your organisation to these Terms and Conditions and the Procurement Australia Privacy Policy.

If you will be using Procurement Gateway on behalf of your organisation, you represent that you have the authority to do so. In such case, “you and “your” will refer to that organisation.

2. Creating your account for Procurement Gateway

Access to and use of Procurement Gateway is permitted solely to:

Individuals who are at least 18 years old;
individuals who are authorised to do so by a current customer of Procurement Australia (each a Customer Contact); and
individuals who are authorised to do so by a current supplier of Procurement Australia (each a Supplier Contact),

who create an account on Procurement Gateway.

By creating an account, you warrant that you:

are a current employee of a current customer or supplier of Procurement Australia;
have registered to use and will use Procurement Gateway solely in your capacity as an employee of a customer or supplier of Procurement Australia and will only use Procurement Gateway for the proper purposes of your employment, on behalf of your employer, and not in any other personal capacity;
in compliance with clauses 4 and 5, will keep all information you obtain from Procurement Gateway in strict confidence, and will not disclose any information to any party other than your employer or a Procurement Gateway supplier;
will be responsible for all uses of your account username and password and you must keep your username and password confidential and secure;
have read and understood the terms and conditions of membership of Procurement Australia or being a supplier for Procurement Australia; and
have read, understood and agree to comply with these Terms and Conditions.

3. Variation of these Terms and Conditions

We may make changes to these Terms and Conditions at any time. You should check these Terms and Conditions regularly for such changes. If we change these Terms and Conditions we will publish an updated version on Procurement Gateway. Your continued access or use of Procurement Gateway after an updated version of these Terms and Conditions has been made available on Procurement Gateway indicates your acceptance of the Terms and Conditions as changed by us.

4. Content – Intellectual Property

All materials on Procurement Gateway (except for Your Content) are owned by us (Our Content) or our third party licensors, which includes materials protected by copyright, trade mark and other intellectual property rights.

Other than to the extent necessary to use any Procurement Gateway content for its permitted purpose, and in accordance with these Terms and Conditions of use, and any other terms and conditions and policies published by Procurement Australia, any content on Procurement Gateway or any portion of Procurement Gateway, must not be reproduced, duplicated, copied, sold, re-sold, shared with a competitor of Procurement Australia, or otherwise exploited without our express permission, which consent may be withheld in its full discretion, or otherwise permitted under the Copyright Act 1968 (Cth). If you wish to obtain permission for a particular use of Procurement Gateway, please contact us via email at info@paltd.com.au. Nothing contained on Procurement Gateway is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.

You may use Our Content for business related commercial purposes as permitted in these Terms and Conditions. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.

Specifically, except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:

copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on Procurement Gateway, including Our Content;
perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on Procurement Gateway, including Our Content;
alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from Procurement Gateway which can be accessed through Procurement Gateway, including Our Content; or
use or apply for commercial purposes any material or information on Procurement Gateway, including Our Content,

without our specific prior written consent. If you wish to obtain permission for a particular use of material on Procurement Gateway, including Our Content, please contact us on info@paltd.com.au.

Procurement Australia will make commercially reasonable efforts to provide accurate, complete, secure and current information, but cannot guarantee the delivery, timeliness, completeness or accuracy of the content. To the extent permitted by law, we make no representations or warranties (whether express or implied) about the accuracy, completeness, security or currency of Our Content and have no liability to you for your use or reliance on Our Content.

Any unauthorised use of the materials appearing on Procurement Gateway may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

All rights not expressly granted in these Terms and Conditions are reserved.

5. Content – Confidentiality

In addition to clause 4, you specifically acknowledge that Our Content is provided for the benefit of current Customer Contacts and Supplier Contacts and for no other purpose and must be kept strictly confidential by all Customer Contacts and Supplier Contacts. You will not disclose, or cause or permit to be disclosed, any part of Our Content for purposes other than those specified in these Terms and Conditions. You recognise that the confidential information is valuable and any breach of this obligation by you may give rise to a claim for damages. You indemnify us for any breach of this obligation, except to the extent the breach was due to an act of omission by us.

6. Your Content

Procurement Gateway may provide Customer Contacts and Supplier Contacts with the ability to upload and publish materials including text, images, information, comments and other data (whether via email, comment, post, blog, enquiry, RFQ, questions posted in the Q&A Forum, or by any other means) to or through Procurement Gateway (Content) for the purpose of communicating with Supplier Contacts or Customer Contacts.

Customer Contacts and Supplier Contacts retain ownership of any Content they upload and publish (together, Your Content). You are responsible for Your Content and you must ensure that you have all the rights and permissions needed to use Your Content in connection with Procurement Gateway. Procurement Australia is not responsible for any actions you take with respect to Your Content, including sharing it publicly.

7. Prohibitions on Your Content

Your Content must not include anything which:

you do not have the right to disclose or make available under law or an obligation you have to a third party (such as confidentiality agreements);
reveals your or another person’s personal information or sensitive information, such as names, email addresses, phone numbers or addresses;
is inaccurate, defamatory, infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal or prohibited by any law.

8. Monitoring, modification and removal of Content

We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on Procurement Gateway.

We reserve the right, but have no obligation to, amend, supplement, delete or update Our Content, without notice to you and at our sole discretion.

9. Interactions with suppliers

You acknowledge that it is possible that Suppliers may not comply with these Terms and Conditions, and could post Content which breaches our Terms and Conditions.

You should be careful when communicating with and interacting with suppliers of Procurement Gateway.

You agree to indemnify and hold us harmless in connection with any actions of any supplier and any dispute or claim that you may make against any supplier, irrespective of that action, dispute or claim relating to the use of Procurement Gateway.

10. No illegal use

You must not use Procurement Gateway in any manner or for any purpose which is illegal or prohibited by any laws.

11. Disclaimers

Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of Procurement Gateway, including rights arising from any statutory guarantee, nothing in these Terms and Conditions operates to exclude them. Subject to the preceding sentence, you acknowledge that your use of Procurement Gateway, Our Content, and Your Content, is entirely at your own risk and are provided without warranty, either express or implied.

We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of Procurement Gateway. Although reasonable precautions have been taken, we do not guarantee that access to Procurement Gateway will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on Procurement Gateway.

Procurement Australia makes no warranties and accepts no responsibility for any loss or damage you may suffer as a result of your reliance on any of the material on Procurement Gateway (including as to the quality, accuracy, completeness, or fitness of any particular purpose of such material) or in relation to any material of a third-party.

12. Liability and indemnity

We do not represent that the information contained on Procurement Gateway is accurate, comprehensive, verified, complete or error free. We will exercise reasonable endeavours to keep the content on Procurement Gateway up to date and accurate. However, to the extent permitted by law, we do not warrant or give representations (whether express or implied) as to the accuracy or currency of any information contained on Procurement Gateway.

To the extent the law permits, neither we, nor our directors, officers, agents, employees, contractors, our successors and our related bodies corporate, partners and their successors are liable to you and you indemnify and hold us harmless in respect of any and all claims, loss, damage or costs (including legal costs on a full indemnity basis), however arising (whether in negligence or otherwise) as a result or in connection with:

your use, misuse or reliance on Procurement Gateway, Our Content and any content accessed through Procurement Gateway;
your failure to comply with these Terms and Conditions;
Your Content, including its use, misuse or misappropriation; or
any acts or omissions by you,

except to the extent, we are negligent in causing the claims, loss, damage or costs.

13. Termination

Termination of your Procurement Gateway account will not affect the availability of some of Your Content you posted prior to termination. Procurement Australia reserves the right to change, suspend, or terminate your access to Procurement Gateway (or any part of it) at any time without reason and without notice. These Terms and Conditions will remain in effect even after your access to Procurement Gateway is terminated, or your use of Procurement Gateway ends.

14. Privacy

You may be asked to provide personal information or sensitive information about yourself on different areas of Procurement Gateway. To the extent you provide personal information or sensitive information in relation to another person, ensure you are authorised and hold all requisite consents to do so. If so, we will only use that information in accordance with our Privacy Policy, a copy of which can be found here.

August 2025