Full terms and conditions - TendersNow

Definitions

1. In this document, and any other document which relies on it:

   1. Costs means any loss or expense suffered by TendersNow (actually or contingently) by reason of any breach of these Terms by the Subscriber including without limitation collection costs, enforcement costs, stamp duty, registration fees, administration costs, inquiry agent, process server, debt collection agency costs and legal costs on a full indemnity basis (including the costs of any legal proceeding or legal enforcement).

   2. Fee means the amount payable by the Subscriber to TendersNow for the provision of the Notification.

   3. Notification means the provision of the full details of one or more tendering opportunities identified by the Subscribe by presearch on www.tendersnow.com.au as held by TendersNow.

   4. Subscriber means the party to whom TendersNow supplies Notifications.

   5. Subscription Fee is the amount payable by the Subscriber to TendersNow for the provisions of Notifications.

   6. Tender means an invitation by a person to provide goods or services to it through a tendering process

   7. TendersNow means Webtenders Pty Ltd trading as TendersNow.

   8. Terms means these terms and conditions (as amended from time to time)

Interpretation

2. Reference to:

   1. this document or another document includes any variation or replacement of it notwithstanding any change in the identity of the parties;

   2. one gender includes the others;

   3. the singular includes the plural and the plural includes the singular;

   4. a person, partnership, corporation, trust, association, joint venture, unincorporated body, government body or other entity includes any other of them;

   5. a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;

   6. any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;

   7. money is to Australian dollars, unless otherwise stated;

   8. a time is a reference to Melbourne time unless otherwise specified;

   9. the words “include”, “including”, “such as”, “for example” and similar expressions are not to be construed as words of limitation.

3. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

4. Headings are for convenience only and do not affect the interpretation of this agreement.

Terms

5. These are the Terms which govern the relationship between the Subscriber and TendersNow.

6. Any other document which has been provided to the Subscriber by TendersNow and which contains any terms and conditions are to be read as part of, and incorporated into, the full Terms.

7. The Terms as they are in force from time to time are available on the TendersNow website at www.TendersNow.com.au

8. The Subscriber agrees that TendersNow may vary the Terms from time to time without notifying the Subscriber of the changes, and the Subscriber agrees that it is bound by the Terms as they may be amended from time to time.

The making of the contract

9. The Subscriber has pre-queried the TendersNow website and has identified one or more tendering opportunities of interest to it. The Subscriber wishes to buy the more full details of the one or more tendering opportunities from TendersNow. These fees are not refundable

10. In return for the payment of the Fee, TendersNow will provide a Notification to the Subscriber to an email address provided by the Subscriber.

11. The Subscriber hereby accepts the offer of the provision of a Notification to the Subscriber and these Terms by paying the Fee.

12. Annual fees are payable in advance are non-refundable. Annual fees are automatically renewed on the anniversary of joining unless thirty (30) days written notice is received by TendersNow.

13. If the Fee is paid, but for some reason reversed at a later time, the Subscriber remains liable for the Fee.

Liability of TendersNow

14. TendersNow does not warrant as to the accuracy or reliability of any information provided to the Subscriber whether contained in the Notifications or otherwise.

15. Certain legislation in Australia may imply certain non-excludable warranties or conditions into these Terms and Conditions. To the extent that they are permitted to be excluded, TendersNow’s liability for breach of those conditions or warranties, and the Subscriber’s only remedy is limited, at TendersNow’s option, to either refunding the part of, or all of, the Fee, or providing a further or different Notification.

Intellectual property rights

16. TendersNow grants an exclusive and non-transferable licence to the Subscriber to use a Notification and the information therein for its information purposes.

17. The Subscriber may not use the Notifications, or the information contained therein, other than for the information purposes of the Subscriber.

18. The Subscriber may not:

    1. Share the Notifications or information therein with any other person;

    2. Permit any other person to inspect or copy the Notifications or the information therein;

    3. Give away, lend, transmit, publish, communicate to the public or otherwise distribute to any person, or copy or adapt the Notifications or any information therein;

    4. License, assign or otherwise grant any interest in the Notifications or the information therein; or

    5. Sell or permit the Notifications or the information contained therein without the express written permission of TendersNow given in writing.

19. All rights (including copyright) in any material, bulletin, communication, notification or document (in any form) provided to the Subscriber by TendersNow including a Notification vests exclusively in TendersNow.

20. The Subscriber acknowledges a breach of this term may cause TendersNow irreparable damage for which monetary damages may not be an adequate remedy and that accordingly, in addition to other remedies that may be available, TendersNow may seek and obtain injunctive relief against such a breach or threatened breach.

21. If the Subscriber breaches the terms of the licence given to it, TendersNow may forthwith cease to supply Notifications and may elect to terminate the contract.

Liability for breaches

22. The Subscriber indemnifies and holds TendersNow harmless against any loss, injury or damage (including all Costs) incurred by TendersNow directly or indirectly as a consequence of any breach by the Subscriber of any of these Terms.

23. The Subscriber authorizes TendersNow to immediately charge any credit card with any amount which the Subscriber is liable to pay to TendersNow pursuant to the above indemnity.

Jurisdiction

24. The laws of Victoria, Australia, govern the Terms and the Subscriber irrevocably submits to the exclusive jurisdiction of the Courts in the State of Victoria in Australia.