Terms & Conditions
- 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:
- members/Member Contacts who seek to purchase goods/services under standing offers;
- members/Member Contacts who seek to purchase goods/services by launching their own bespoke Request for Quotation (RFQ);
- suppliers/Supplier Contacts who have made standing offers available to members; and
- suppliers/Supplier Contacts who are involved in the RFQ process using Procurement Gateway.
- Creating your account for Procurement Gateway
Access to and use of Procurement Gateway is permitted solely to:
- individuals who are authorised to do so by a current member of Procurement Australia (each a Member 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 member or supplier of Procurement Australia;
- have registered to use and will use Procurement Gateway solely in your capacity as an employee of a member 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;
- you 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; and
- have read, understood and agree to comply with these Terms and Conditions.
- 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 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.
- 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.
Procurement Gateway or any portion of Procurement Gateway, may 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 email@example.com. Nothing contained on Procurement Gateway is intended to grant any express or implied right to you to use or exploit any patent, copyright, trade mark or trade secret information. No trade marks, 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.
To the extent permitted by law, we make no representations or warranties 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.
- Content – Confidentiality
In addition to clause 4, you specifically acknowledge that Our Content is provided for the benefit of current Member Contacts and Supplier Contacts and for no other purpose and must be kept strictly confidential by all Member 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.
- Your Content
Procurement Gateway may provide Member 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 Member Contacts.
Member Contacts and Supplier Contacts retain ownership of any Content they upload and publish (together, Your Content).
- 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 identity or sensitive information, such as names, email addresses, phone numbers or addresses;
- 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.
- Our use of Your Content
By submitting Your Content through Procurement Gateway, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use, reproduce, modify, distribute, broadcast, sublicense and/or otherwise exploit part or all of Your Content in any medium (including but not limited to Procurement Gateway), by any means and for any purpose (including commercial purposes), and to authorise others to do so.
You acknowledge and agree that we, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.
- 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, Your Content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content), we may remove such material without notice to you.
- 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.
- No illegal use
You must not use Procurement Gateway in any manner or for any purpose which is illegal or prohibited by any laws.
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.
- Liability and indemnity
We do not represent that the information contained on Procurement Gateway is accurate, comprehensive, verified, complete or error free. We will attempt to keep the content on Procurement Gateway up to date. However, we do not warrant the accuracy or currency of the content.
To the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors 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) 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.
We may terminate your access to Procurement Gateway (or any part of it) at any time without reason and without notice. These Terms and Conditions survive any such termination.