Terms & Conditions of Use
These Terms and Conditions of Use apply to this website and all websites linked (Website) operated by Procurement Australasia Ltd (ACN 058 335 363) trading as Procurement Australia (Procurement Australia, us, we).
1.1. We are not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website.
1.2. To the extent permitted by law, this general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
2. Site Content and Access
2.1 The Website and all materials on the Website, which includes materials protected by copyright, trademark and other intellectual property rights, are owned by Procurement Australia (Our Content) or its third-party licensors.
2.2 Third party websites, including third parties, may post statements, information, features, content, products or other materials on the Website from time to time (Third-Party Posted Material). Third Party Posted Material and other product and company names mentioned in this Website may be the intellectual property of other people or entities and are used or reproduced with their permission.
2.3 This Website or any portion of this Website, including Third Party Posted Material, may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited without Procurement Australia’s 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 the Website, please contact us on email@example.com.
2.4 Nothing contained on the Website 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.
2.5 You may use Our Content and Third Party Posted Material for your personal, non-commercial purposes. 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 or Third Party Posted Material.
2.6 Specifically, except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Website, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites.
(b) 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 the Website, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites.
(c) alter, decompile, disassemble, reverse engineer, or modify any material or information that you receive from the Site which can be accessed through the Website, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites; or
(d) use or apply for commercial purposes any material or information on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites, without Procurement Australia’s specific prior written consent.
2.7 To the extent permitted by law, Procurement Australia makes no representations or warranties about the accuracy, completeness, security or currency of Our Content, any Posts (whether made by yourself or another user of the Website) or Third Party Posted Material and have no liability to you for your use or reliance on Our Content, any Posts (whether made by yourself or another user of the Website) or Third Party Posted Material.
2.8 Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
2.9 All rights not expressly granted in these Terms and Conditions of Use are reserved.
2.10. The trademarks of Procurement Australia ’s products and services referred to in this Website are trademarks of Procurement Australia.
2.11. Where you use any of Our Content, if permitted under these Terms and Conditions of Use, to refer to its activities, products, or services, you must include a statement attributing that use to Procurement Australia.
2.12. You must not use any of Our Content:
(a) in or as the whole or part of your own or other intellectual property;
(b) in connection with activities, products or services other than those supplied by Procurement Australia;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages Procurement Australia or its information, products or services including this Website.
3. Hyperlinks, Framing and Metatags
3.1. Procurement Australia grants you a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Website.
3.2. The hyperlink you create must not portray the Website in a misleading, derogatory, or offensive manner.
3.3. In creating the hyperlink, you must not use any image, logo, or trademark on the Website without Procurement Australia’s express consent.
3.4. Where the Website offers a hyperlink to another website (Linked Site), you acknowledge and agree that:
(a) Procurement Australia has made no representation or warranties whatsoever regarding the Linked Site or any of its content.
(b) Procurement Australia has made no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this Website or any Linked Site.
(c) Procurement Australia is not responsible for any information or opinions published on any Linked Site; and
(d) under any circumstances will Procurement Australia be liable to any party for any direct, indirect, special, or other consequential damages from any use of this Website, or on any other linked Site, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Procurement Australia is expressly advised of the possibility of such damages.
3.5. By accessing the Linked Site through a hyperlink on the Website, you warrant to Procurement Australia that you have made your own enquiries and satisfied yourself regarding the suitability, reliability, security and other relevant matters regarding the Linked Site or its content and you release Procurement Australia and hold them Procurement Australia harmless against all damage or loss that you suffer as a result of accessing the Linked Site.
3.6. Subject to clause 3.1, you must not, without the written consent of Procurement Australia:
(a) frame or use framing techniques to enclose any part of the Website;
(b) use any metatags or similar tags that contain Procurement Australia’s name or any of its trademarks; or
(c) create a hyperlink to the Website.
4. Articles on the Website
4.1. Where the Website, particularly articles within the Website, contains any information, tables, photographs or any other material obtained from a third-party source, whether it is specified to have been obtained from the third-party or not (Third Party Information):
(a) Procurement Australia makes no representation or warranties whatsoever regarding the content of the Third-Party Information;
(b) Procurement Australia makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information contained in any Third-Party Information; and
(c) in no event or under any circumstances will Procurement Australia be liable to any party for any direct, indirect, special or other consequential damages from any use or reliance on any Third-Party Information contained on the Website.
4.2. Procurement Australia is not liable to you or anyone else for any loss suffered in connection with any Third-Party Information posted.
4.3. If you believe any Third-Party Information to be inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, you should contact us at firstname.lastname@example.org
5. Your Postings & Content
5.1. You may post reviews, comments, or submit suggestions, ideas, comments, questions or other information to Procurement Australia from time to time, by email or other means (Posts).
5.2. The content of your Posts must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties and must not consist of or contain any computer viruses, political campaign messages, commercial solicitation; chain letters, mass mailings, or any form of SPAM.
5.3. When submitting a Post, you must not use an email address that you do not own or control, impersonate any other person or entity, or otherwise be misleading as to the origin of the Post.
5.4. You retain ownership of your Posts. Where you submit a Post, you expressly grant Procurement Australia a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.
5.5. You represent and warrant to Procurement Australia that:
(a) you have the right to:
(i) use and publish the content of your Posts; and
(ii) allow Procurement Australia to use the content of your Posts pursuant to these Terms and Conditions of Use;
(iii) to the extent you provide personal information in relation to another person, that you are authorised and hold all requisite consents to do so;
(b) the content of your Posts is accurate and not defamatory, and does not infringe rights (including the intellectual property rights) of third parties;
(c) the use and publishing of the content of Post by you will not breach any term of these Terms and Conditions of Use; and
(d) nothing in your Posts 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
5.6. You will indemnify Procurement Australia and keep us indemnified against all claims, damages, loss or injury as a result of you breaching any:
(a) warranties contemplated by this clause 5; or
(b) other of these Terms and Conditions of Use.
5.7. You acknowledge and agree that:
(a) Procurement Australia may edit or remove the content of any Posts, but is not obliged to do so. ;
(b) Procurement Australia has no responsibility or liability to you for the content of any Posts, whether posted by you or any other party;
(c) you create and provide us with your Posts at your own risk;
(d) you are personally responsible and liable for your Posts;
(e) you are not entitled to any payment from us in respect of your Posts or our use of it;
(f) we are not obliged to use, maintain or display your posts;
(g) your Posts do not contain any confidential information and may be seen by others; and
(h) we may use your Posts to publicise and promote us and the Website.
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with your Post or other user content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Website.
We reserve the right, but have no obligation to, amend, supplement, delete or update our content, your Posts or other user content, without notice to you and at our sole discretion.
6. Advertisement and other third-party postings
6.1.) Procurement Australia may from time to time allow third parties to post advertisement, reviews, hyperlink or other information on the Website (Third-Party Listings).
6.2. You acknowledge and agree that Procurement Australia is not obligated to monitor or verify information on the Third-Party Listings.
6.3. Nothing in these Terms and Conditions of Use and nothing that Procurement Australia may say and do can be construed as endorsing the content of (or part of) any Third-Party Listings.
6.4. Where the content of any Third Party Listing is inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, and you suffer a damage or loss as a result, then to the extent permitted by law, you release and hold Procurement Australia harmless against such damage or loss.
6.5 You acknowledge that other users of the Website may not comply with these Terms and Conditions, and could make Posts which breach our Terms and Conditions.
6.6 You should be careful when communicating with and interacting with other users of the Website.
6.7 You agree to indemnify and hold us harmless in connection with any actions of any other user and any dispute or claim that you may make against any other user, irrespective of that action, dispute or claim relating to the use of the Website.
7. Exclusion of Warranties
7.1. To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
7.2. Procurement Australia is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Site.
7.3. You must take your own precautions to ensure that anything you view or download from the Website is free of viruses or anything else (such as “worms” or “Trojan horses”) that may interfere with or damage the operations of your computer systems.
7.4 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 the Website, including rights arising from any statutory guarantee, nothing in these Terms and Conditions of Use operates to exclude them. Subject to the preceding sentence, you acknowledge that your use of the Website is entirely at your own risk and are provided without warranty, either express or implied.
7.5 Procurement Australia does 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 the Website. Although reasonable precautions have been taken, Procurement Australia does not guarantee that access to the Website 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 the Website.
8. Limitation of Liability
8.1. Procurement Australia will use reasonable endeavours to ensure that all information on the Website is accurate and will correct any errors or omissions as soon as practicable after being notified of them.
8.2. To the extent permitted by law, Procurement Australia disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website.
8.3 To the extent permitted by law, Procurement Australia disclaims all warranties and representations (whether express or implied) that any goods purchased through the Website will meet the purchaser’s internal procurement policies or procedures and, in purchasing any goods through the Website, you acknowledge and agree that you bear the sole responsibility of ensuring that the goods meet your own internal requirements.
8.4. You acknowledge and agree that:
(a) any liability Procurement Australia may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law; and
(b) in no event will Procurement Australia be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website.
9.1. Without limiting the operation of any other provisions of these Terms and Conditions of Use, you agree to indemnify Procurement Australia and keep Procurement Australia indemnified, holding Procurement Australia harmless from all claims, demand, damages or loss (including legal costs on a full indemnity basis) incurred by Procurement Australia as a result of, or flows naturally from, your breach of these Terms and Conditions of Use including without limitation the breach of any warranties.
10. Applicable Law
10.1. These Terms and Conditions of Use are governed by the laws of Victoria, Australia and in any disputes between you and Procurement Australia, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
11.1. If any part of these Terms and Conditions of Use is or becomes legally ineffective, invalid or unenforceable, the effectiveness, validity or enforceability of the remainder will not be affected.
(Version current: 30th October 2023).