Terms & Conditions

1.These terms and who they bind

1.1Seller of record. The reports sold through the Tendertrace Report Marketplace (the Marketplace) are sold to you by Tendertrace Pty Ltd (ACN 647 897 425) of 526/368 Sussex St, Sydney NSW 2000 Australia (Tendertrace, we, us or our). Tendertrace is the seller of record for every order. We generate and deliver the report, own the transaction, take payment and provide support.

1.2Agreement. These Terms & Conditions, together with the order you place and any quote we accept, form the contract between you and us for each report you buy (the Terms). They apply to the exclusion of any other terms you seek to impose.

1.3Resellers and introducers. A report may be introduced or promoted to you by a Tendertrace reseller, referral partner or affiliate (a Partner). A Partner does not sell the report to you, does not modify or re-brand it, and is not a party to these Terms. Your contract for the report is with Tendertrace alone. These Terms are drafted to apply to any Partner channel without change.

1.4Payment processor. Card payments are processed by Stripe. We do not receive or store your full card number. Stripe processes your payment details under its own terms and privacy notice.

1.5Platform subscription is separate. These Terms govern one-off purchases of reports. They do not govern any subscription you may hold to the Tendertrace platform, which is governed by our separate Subscription Terms. Where you hold both, each applies to its own subject matter, and a conflict is resolved in favour of the terms specific to the product in question.

1.6Consumers. If you are buying as a consumer (that is, wholly or mainly outside a trade, business, craft or profession), you have rights under the consumer law of your own country that cannot be excluded. Nothing in these Terms limits those rights. Clause 11 and Schedule 2 set out how those rights work in Australia, the United Kingdom and the European Union.

2.Definitions and interpretation

In these Terms:

2.1Basic Report means a report offered at the "Basic" depth described in Schedule 1.

2.2Bid Analysis Report means a report of the Bid Analysis type described in Schedule 1.

2.3Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.

2.4Consumer has the meaning given by the applicable consumer law of Australia, the United Kingdom or the European Union, as the case may be.

2.5Coverage Gate means the human review described in clause 4.4 applied to Custom Reports before any charge is taken.

2.6Custom Report means a report built to a scope you specify, as described in clause 4.3.

2.7Deep Report means a report offered at the "Deep" depth described in Schedule 1.

2.8Library means the area of your account where reports you have purchased are stored and made available for download.

2.9Personal Data means information about an identified or identifiable individual, and includes "personal information" under the Privacy Act 1988 (Cth).

2.10Pre-built Report means a ready-made report offered for immediate purchase from the Marketplace, as described in clause 4.2.

2.11Report means any report we supply to you through the Marketplace, whether Pre-built or Custom, delivered as a PDF document together with its methodology page.

2.12Report Data means the data, analysis, figures, charts, commentary and other content in a Report.

2.13Third-Party Data means data we licence from third parties (including credit and business-information providers such as Experian) and incorporate into a Report.

2.14You and your mean the person who places the order; where you place it for an organisation, you confirm you are authorised to bind that organisation and "you" includes it.

2.15Interpretation. Headings are for convenience only. "Including" and "for example" are not words of limitation. A reference to a statute includes any statute that replaces it. The singular includes the plural. A reference to a clause or Schedule is to a clause or Schedule of these Terms.

3.Eligibility, accounts and business use

3.1Account. You may build and submit a report request before signing in. To receive and store a Report you must create an account and provide accurate account and billing details. You are responsible for keeping your access credentials secure and for activity under your account.

3.2Capacity. You must be at least 18 years old and able to enter a binding contract.

3.3Business-use position. The Marketplace is designed for buyers acquiring market intelligence for business purposes. Where you order for an organisation, you warrant that you buy for business purposes and are authorised to bind that organisation.

4.The reports and how they are sold

4.1What a Report is. Each Report presents government procurement intelligence for a specified supplier, buyer, agency or open tender, produced by post-processing Tendertrace’s proprietary, cleaned and structured government-contract dataset, supplemented by Third-Party Data. Each Report is delivered as a PDF and ships with a Tendertrace methodology page describing how it was produced.

4.2Pre-built Reports. Pre-built Reports are ready-made and are described on the Marketplace before purchase. They are delivered instantly once payment is confirmed.

4.3Custom Reports. You may request a Report built to a scope you specify (for example a particular supplier, agency, jurisdiction or timeframe). As you build the request, an estimated price is shown. A Custom Report is prepared specifically for you.

4.4The Coverage Gate. A Custom Report request first lands as a pending order. Before any charge is taken, a member of our team reviews the request against available data coverage. If there is enough data to produce a meaningful Report, we confirm the order, take payment and deliver it. If there is not, we do not charge you, we tell you, and we suggest an alternative where we can. Pre-built Reports skip this review.

4.5Descriptions. We describe each Report, and the intelligence it draws on, as accurately as we reasonably can. Report Data reflects the procurement activity recorded in the underlying data at the time of production. A Report is a decision-support tool, not advice or a guarantee of any outcome (see clause 12).

5.Orders, quotes and formation

5.1Pre-built Reports. Your order for a Pre-built Report is an offer to buy. The contract forms, and these Terms apply, when we confirm your payment and make the Report available in your Library.

5.2Custom Reports. Your submitted Custom Report request is an offer to buy at the price we confirm after the Coverage Gate. The contract forms when we confirm the order and take payment following that review. The estimate shown while you build the request is indicative only and is not a binding quote until confirmed.

5.3Accuracy of your request. You are responsible for the selections in your request (supplier, agency, bid, jurisdiction, timeframe). We build the Report to the request as submitted.

5.4We may decline an order. We may decline or cancel an order before delivery (for example where coverage is insufficient, where we suspect fraud or misuse, or where supply would breach these Terms or the law). If we cancel after payment, we refund the amount paid for that order.

6.Price, currency, taxes and payment

6.1Price shown at checkout. The price you pay is the price shown for the Report at checkout at the time of purchase, or, for a Custom Report, the price we confirm after the Coverage Gate. Indicative prices are set out in Schedule 1 but the price actually charged is the price shown at the point of sale.

6.2All charges shown up front. The total payable, including any tax, is shown before you complete payment. We do not add fees later in the checkout that were not disclosed up front.

6.3Currency. Prices are shown in the currency configured for your market.

6.4Taxes. Prices are stated inclusive or exclusive of tax as shown at checkout. We will issue a valid tax invoice for each purchase. [GST is charged on taxable supplies to Australian customers. VAT is charged where required on supplies to United Kingdom and European Union customers; where you are a business and provide a valid VAT identification number, the reverse-charge or zero-rating rules may apply.] The tax treatment and the contracting entity that issues the invoice for each market are to be confirmed (clause 6.9).

6.5Payment. Payment is by card through Stripe at the time the contract forms. We do not store your full card details.

6.6Failed payments. If your payment fails or is reversed, we may withhold or suspend delivery and access to the Report until payment is completed.

6.7Chargebacks and disputes. If you believe a charge is wrong, contact us first (clause 19) so we can resolve it. Raising a chargeback without contacting us does not affect your statutory rights, but where a chargeback is made for a Report that was delivered as described and to which no consumer cancellation right applies, we may suspend your Library access pending resolution and recover the amount and any associated cost as a debt.

6.8Custom Reports are pre-paid. Custom Reports are paid for in full when the order is confirmed after the Coverage Gate, before production.

7.Delivery, your library and access

7.1Pre-built Reports. Delivered instantly on confirmation of payment, to your Library and, where offered, by email.

7.2Custom Reports. Delivered after confirmation, typically within 24 to 48 hours of the order being confirmed following the Coverage Gate. We will tell you if more time is needed.

7.3The Library. Purchased Reports are stored in your Library for download. We aim to keep them available for the life of your account, but we may change or discontinue the Library on reasonable notice; if we do, we will give you a reasonable opportunity to download your Reports first. You should keep your own copy of any Report you need to retain.

7.4Format. Reports are delivered as PDF documents. You are responsible for having software able to open a PDF.

8.Your licence to use reports

8.1What you buy. You buy a licence to use the Report. You do not buy the Report itself, the Report Data, the underlying dataset, or any intellectual property in them. All of that remains ours (clause 9).

Pre-built Reports

8.2Grant. For each Pre-built Report, we grant you a non-exclusive, non-transferable, single-use licence to use the Report for your own internal business purposes.

8.3Syndicated. Pre-built and Basic Reports are built once and licensed to multiple buyers. We may sell the same or a similar Report to others. You acquire no exclusivity in them.

8.4"Internal business use" permits you to:

(a)read, analyse and rely on the Report within your own organisation;

(b)store the Report and make reasonable back-ups; and

(c)quote or reproduce limited extracts of the Report Data in your own internal or external materials, provided you attribute the source under clause 8.9.

Custom Reports: Basic Reports, Deep Reports and Bid Analysis Reports

8.5Grant. For each Custom Report, we grant you a non-exclusive, non-transferable licence to use the Report for your own internal business purposes.

8.6We will not syndicate your Custom Report. We will not sell that specific tailored Report to another buyer. This does not stop us producing other reports (including for others) from the same underlying data, methodology or derived intelligence, all of which remain ours.

Restrictions that apply to every Report

8.7You must not, and must not permit anyone else to:

(a)redistribute, resell, sub-licence, publish, or make the Report (in whole or in substantial part) available to any third party, except limited extracts under clause 8.4(c);

(b)re-brand the Report or present it as anything other than a Tendertrace report;

(c)remove or alter any Tendertrace branding, methodology page, notice or attribution;

(d)use the Report or Report Data to build, train or improve a product or service that competes with Tendertrace, or to recreate or substitute for the Tendertrace dataset or platform;

(e)scrape, data-mine, or systematically extract from the Report or the Marketplace, or circumvent any technical or access control; or

(f)use the Report in any unlawful way or in breach of any third-party right.

8.8Extracts to a third party. If you need to share a limited extract of Report Data with a specific third party to support your direct business relationship with them, you may do so only where the extract is the minimum necessary, the recipient is bound to confidentiality and use restrictions no less protective than these Terms, the recipient cannot recreate or substitute for the Report or the Tendertrace dataset, and the source is attributed. This mirrors the position in our platform terms.

8.9Attribution. Where you reproduce Report Data externally, you must clearly and conspicuously attribute Tendertrace as the source (for example, "Source: Tendertrace"). This is consistent with our platform terms.

9.Intellectual property and third-party data

9.1Ownership. Tendertrace owns or licenses all intellectual property in the dataset, the methodology, the Reports and the Report Data, and in any derived or aggregated intelligence. Nothing in these Terms transfers any of that to you.

9.2Feedback. If you give us feedback or suggestions, we may use them without restriction or payment.

9.3Third-Party Data. Reports may incorporate Third-Party Data licensed from providers including Experian. Your licence to use a Report is granted subject to, and no wider than, the terms on which we hold that Third-Party Data. You must not use Third-Party Data in a Report except as part of your permitted use of the Report, and must comply with any further restriction we notify to you that our upstream licence requires.

10.Personal data within reports

10.1Reports can contain Personal Data. Government procurement data can include Personal Data (for example the names of sole traders or of individual contacts recorded in source data). A Report may therefore contain Personal Data.

10.2Our role. We source Report Data from government open data and licensed providers and process it to produce the Report. Our handling of Personal Data is described in the Marketplace Privacy Policy.

10.3Your role once a Report is delivered. Once we deliver a Report to you, you decide how you use any Personal Data in it. To the extent you do so, you act as an independent controller (or, in Australia, as an APP entity in your own right) and not as our processor. You must:

(a)handle any Personal Data in the Report in accordance with the data-protection and privacy law that applies to you;

(b)use it only for the legitimate business purpose for which you obtained the Report;

(c)not use it for direct marketing to, or profiling of, the individuals concerned except as the law allows; and

(d)deal with any request or complaint from an individual about your use of the Report in accordance with your own obligations.

10.4Each responsible for its own compliance. We are each responsible for our own compliance with data-protection and privacy law in respect of the Personal Data we handle. Neither is the other’s processor in respect of the Report.

11.Your consumer rights, cancellation, refunds and remedies

11.1Statutory rights come first. If you are a Consumer, you have rights under the law of your own country that we cannot exclude or limit. Nothing in these Terms affects those rights. This clause and Schedule 2 explain how they apply.

Cancellation / cooling-off for digital content

11.2Instant Pre-built Reports. A Pre-built Report is digital content delivered immediately. In the United Kingdom and the European Union, a Consumer normally has a 14-day right to cancel a distance contract, but that right is lost for digital content once supply has begun with the Consumer’s prior express consent and acknowledgement that the right to cancel will be lost. At checkout we therefore ask you, before delivery, to consent to immediate supply and to acknowledge that you will lose the right to cancel once supply begins. If you give that consent and we begin supply, the cancellation right does not apply. If you do not, delivery does not begin until the cancellation period ends.

11.3Custom Reports. A Custom Report is made to your specification and is personalised to you. In the United Kingdom and the European Union, the 14-day cancellation right does not apply to goods or digital content made to a Consumer’s specification or clearly personalised, and, in any event, we ask for the same prior consent to immediate supply described in clause 11.2 before we begin production.

11.4Australia. Australian law does not give a general cooling-off right for online purchases of this kind. Your Australian Consumer Law guarantees (clause 11.5) still apply.

If a report is defective or cannot be delivered

11.5Our remedy commitment. If a Report is materially defective (for example the data is materially thin against what was described, there is a material error, it is the wrong report, or generation failed) or cannot be delivered, we will, at our option and as your statutory rights require, provide a corrected Report or a full refund.

11.6Change of mind. Except where a statutory right applies, we do not refund on the basis of unmet expectation where the Report matched the description shown at purchase. This does not limit clause 11.5 or your statutory rights.

11.7Statutory guarantees preserved. Where the Australian Consumer Law, the United Kingdom Consumer Rights Act 2015, or European Union consumer law gives you a guarantee or a remedy (for example that digital content be of acceptable or satisfactory quality, fit for purpose and as described), that guarantee and remedy apply and are not excluded by clause 11.6, clause 12 or clause 13.

12.Warranties and disclaimers

12.1What we warrant. We warrant that we will provide the Report with reasonable care and skill and that, at the time of delivery, it materially conforms to its description.

12.2Decision support, not advice. A Report is provided for decision support only. It is not legal, financial, investment, procurement or other professional advice, and it is not a recommendation, a guarantee of any outcome, or a statement that any tender will be won or awarded. You are responsible for the decisions you take using it.

12.3Source data. Report Data is derived from government open data and licensed third-party data. We do not control those sources and do not warrant that source data is complete, current or free from error. A Report reflects the intelligence available in the data at the time of production.

12.4Exclusion, subject to law. To the extent permitted by law, and subject to clause 11.7, we exclude all other warranties, conditions and guarantees, whether express or implied.

13.Limitation and exclusion of liability

13.1Nothing excluded that cannot be. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud, or under non-excludable consumer guarantees.

13.2Consumer guarantees. Where a non-excludable consumer guarantee applies and the law allows us to limit our liability for failing to meet it, our liability for a Report that is not goods of a kind ordinarily acquired for personal, domestic or household use is limited, at our option, to supplying the Report again or paying the cost of having it supplied again.

13.3No liability for certain loss. To the extent permitted by law, we are not liable for loss of profit, revenue, business, opportunity, anticipated savings, or goodwill, or for any indirect or consequential loss, arising out of or in connection with a Report or these Terms.

13.4Cap. To the extent permitted by law, our total liability arising out of or in connection with each Report, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of the amount you paid for that Report and [AUD 1,000 / local equivalent — confirm].

13.5Consumers. If you are a Consumer, clauses 13.2 to 13.4 apply only so far as the law allows and do not affect your statutory rights.

14.Acceptable use

14.1You must not use the Marketplace or any Report to break the law, infringe a third-party right, introduce malicious code, gain unauthorised access, scrape or systematically extract data, circumvent access controls, or interfere with the Marketplace or its security. Clause 8.7 also applies.

15.Confidentiality

15.1Deep Reports and Bid Analysis Reports, and any non-public information we give you in connection with an order, are our confidential information. You must keep them confidential and use them only for your permitted internal business purposes. This does not apply to information that is or becomes public other than through your breach, or that you are required by law to disclose.

16.Suspension, termination and effect on your library

16.1By you. You may close your account at any time. Closing your account ends access to your Library.

16.2By us. We may suspend or end your access to the Marketplace or your Library, or a specific Report, if you materially breach these Terms (including clause 8 or clause 14), if payment is reversed for a Report to which no cancellation right applies, or if we reasonably suspect fraud or misuse. Where practical and lawful, we will give notice and an opportunity to fix the problem first.

16.3Survival. Clauses 8 to 15, 18 and this clause survive termination. Termination does not affect a Report already lawfully delivered, but the licence restrictions continue to apply to it.

17.Changes, notices and general

17.1Changes to these Terms. We may update these Terms for future orders. The Terms that apply to a Report are the ones in force when you bought it. We will post the current Terms on the Marketplace and, where a change materially affects you, take reasonable steps to bring it to your attention.

17.2Notices. We may give notice through your account or by email to the address on your account. You may contact us using clause 19.

17.3Assignment. You may not assign or transfer these Terms without our consent. We may assign or novate them to a related entity or in connection with a sale of our business, provided your rights are not materially reduced.

17.4Entire agreement. These Terms, the order and any confirmed quote are the entire agreement for each Report and replace any prior understanding on that subject.

17.5Severance. If any provision is unenforceable, it is read down or severed to the minimum extent necessary and the rest continues.

17.6Waiver. A right is only waived in writing, and a delay in exercising a right is not a waiver.

17.7No partnership. Nothing in these Terms creates a partnership, agency or employment between us. A Partner is not our agent.

17.8Third parties. Except for a person we may assign to, no one other than you and us has any right to enforce these Terms.

17.9Force majeure. Neither of us is liable for a failure or delay caused by something beyond our reasonable control, except for your obligation to pay for a Report delivered.

18.Governing law, jurisdiction and disputes

18.1Governing law. These Terms are governed by the laws of New South Wales, Australia.

18.2Jurisdiction. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and waive any objection based on inconvenient forum.

18.3Consumers - your local rights are preserved. If you are a Consumer, clauses 18.1 and 18.2 do not deprive you of the protection of the mandatory consumer-protection and data-protection laws of your own country, and do not deprive you of the right to bring or defend proceedings in the courts of the place where you live. Those mandatory local rights apply regardless of the governing law we have chosen.

18.4Talk to us first. If you have a problem, please contact us (clause 19) so we can try to resolve it before any formal step. This does not affect your right to go to court or to use any consumer dispute-resolution or ombudsman scheme available to you.

19.Contact and complaints

19.1You can reach us at [support email] or by writing to Tendertrace Pty Ltd, 903/50 Clarence Street, Sydney NSW 2000, Australia. For privacy questions, see the Marketplace Privacy Policy, which explains how to contact us and how to complain to the OAIC (Australia), the ICO (United Kingdom) or your European Union supervisory authority.

Schedule 1Report types and indicative pricing

Prices are indicative and configurable. The price you pay is the price shown at checkout, or, for a Custom Report, the price confirmed after the Coverage Gate.

Schedule 2Region-specific consumer information

This Schedule summarises how key rights work in each market. Where it differs from the body of these Terms for a Consumer, the position more favourable to the Consumer applies.

Australia

• Australian Consumer Law guarantees. Our supplies come with guarantees that cannot be excluded, including that services are provided with due care and skill and that digital products are of acceptable quality, fit for purpose and match their description.
• Remedies. If a guarantee is not met, you may be entitled to a remedy, including a refund or re-supply. For a major failure you can choose your remedy.
• No general cooling-off. There is no general cooling-off right for online purchases of this kind.
• Complaints. You can complain to us, to your State or Territory consumer-affairs body, or to the ACCC.

United Kingdom

• Consumer Rights Act 2015. Digital content must be of satisfactory quality, fit for purpose and as described; if it is not, you may be entitled to a repair, replacement, price reduction or refund.
• Cancellation. A 14-day right to cancel applies to distance contracts, but is lost for digital content once supply begins with your prior express consent and acknowledgement that you lose the right (clause 11.2), and does not apply to reports made to your specification (clause 11.3).
• Fair and clear. We show the total price and any tax up front and do not use hidden charges or fake reviews.
• Complaints. You can complain to us or contact Citizens Advice; the Competition and Markets Authority enforces consumer law.

European Union

• Conformity rights. Digital content must conform to the contract; if it does not, you are entitled to have it brought into conformity, or to a price reduction or refund, under your national law implementing EU consumer rules.
• Right of withdrawal. A 14-day right of withdrawal applies to distance contracts, but is lost for digital content once supply begins with your prior express consent and acknowledgement of loss of the right (clause 11.2), and does not apply to content made to your specification or clearly personalised (clause 11.3).
• Local law preserved. The mandatory consumer-protection law of the EU country where you live applies regardless of the governing-law clause, and you may bring proceedings in your own country’s courts (clause 18.3).
• Complaints. You can complain to us or use the consumer-protection body in your country.