Terms and conditions

1. This agreement

1.1. Establishment of agreement

This agreement governs your use of the TenderHub website “tenderhub.com.au” (Website) and the digital based opportunity discovery service we provide, however it is accessed, including through the Website, our applications, our API, our MCP Server, integrations, notifications and exports (Service).

By using the Website or the Service: you agree to be bound by this agreement (Agreement) between us (TenderHub Pty Ltd) and you (and/or your organisation) when using the Website and the Service.

If you create an account, you will be asked to accept this Agreement as part of account creation, and we will keep a record of the version of the Agreement you accepted.

1.2. Amendment

You acknowledge that we may change the terms of the Agreement from time to time.

If a change materially reduces your rights or increases your obligations, we will give you at least 30 days' written notice before the change takes effect. If you are adversely affected by such a change, you may terminate this Agreement by written notice before the change takes effect and receive a pro-rata refund of any fees paid in advance for the period after termination.

Changes that are not materially adverse to you (such as corrections, clarifications or changes required by law) take effect when published on the Website. Each version of these terms will carry a version number and date.

1.3. Relationship

You agree that the relationship between you and us under this Agreement is one of customer and supplier.

You agree that there is no employment relationship, partnership, agency arrangement or similar between us in relation to the Agreement.

1.4. Term

This Agreement commences on the earlier of the date you accept these conditions, or the date of first use of our Website or Service. The Agreement will remain in effect until you cease using the Website or Service, or the Agreement is terminated in accordance with clause 10.

1.5. Definitions

In this Agreement:

(a) Content means the data and materials made available through the Service, including opportunity and tender information, summaries, metadata and notifications, but excluding content created by you;

(b) Authorised User means an individual within your organisation whom you have authorised to use the Service under your subscription, up to the number of users permitted by your subscription level; and

(c) API means any application programming interface we make available as part of the Service, and MCP Server means any Model Context Protocol server we make available as part of the Service.

2. Website

2.1. Who can use the Service and Website

If you are a natural person, you can only use the Service or the Website if you are 18 years or older. You can also use the Service or the Website if you are a legal entity recognised in Australia (such as a company, statutory corporation, or instrumentality of the Crown).

We may refuse the Service (or refuse access to the Website) to any prospective user, or restrict access where we reasonably consider it necessary to protect the security or integrity of the Website, the Service or other users. For paying subscribers, suspension and termination of access are governed by clauses 10.1 and 10.4.

2.2. Links to other sites

The Website contains links to other websites. We make no warranties as to the accuracy of the content of such third-party websites (or whether such websites are legitimate or not).

2.3. Content

You acknowledge and accept that third parties may claim intellectual property rights in relation to the content on the Website. You acknowledge that your use of such content is at your own risk and you release us, to the full extent permissible under the law from any claim of unauthorised use of intellectual property rights in relation to such third party content.
We grant you a non-exclusive, non-transferable, revocable licence for you and your Authorised Users to access and use the Content for your internal business purposes only, for the term of your subscription. This licence is subject to the restrictions in this Agreement, including clauses 5.3 to 5.6.
The IP rights for the content created by you is owned by you.
This Agreement does not transfer any IP rights in content created by you to us.
You grant us a licence to use the content created by you to the extent necessary to provide you with the Service.

2.4. Responsibility for content

The Website permits you to create content on our Website. If you do this, you must ensure that such content is compliant with all Australian laws, does not defame any person and is accurate and not misleading or deceptive in any way.

You agree to indemnify us from and against any claims from third parties against us arising from any breach by you of this clause.

You are and remain fully responsible for all content you post on the Website or anywhere else using our Service.

We may remove or unpublish any content you post that we reasonably consider breaches this Agreement or any law.

2.5. Third-party information

The Website contains information created by third parties. You acknowledge that we have not taken any step to confirm the accuracy or completeness of such information. You rely on this third-party information at your own risk and release us from and against any claims relating to your use of such information.

2.6. Hosting

You acknowledge that the Website and Service are hosted exclusively by us on infrastructure provided to us by third parties. You are not required (nor permitted) to install the software that forms the Website and Service on your own infrastructure.

3. Account

3.1. Creation of an account

In order to access parts of the Website and the Service, you need to create an account. If you create an account on behalf of a body corporate or government entity, you warrant that you are authorised to do so on its behalf.

3.2. Unauthorised use

You must not allow any third party to use your account on the Website or to access the Service. You must tell us as soon as possible if you become aware of any unauthorised use of your account.

You and your organisation must keep user account credentials confidential and secure at all times.

Account credentials are issued to individual Authorised Users. Credentials must not be shared between individuals or used through any pooled, shared or service account.

3.3. Authorised Users

You may allow Authorised Users, up to the number permitted by your subscription level, to use the Service under your subscription. You are responsible for the acts and omissions of your Authorised Users, and of anyone who accesses the Service using credentials issued to you, as if they were your own, including their compliance with this Agreement.

4. Subscriptions and payment

4.1. Application of this clause

Parts of the Website are free to use. This clause only applies to those parts of the Website or Service that require the payment of fees for use/access.

4.2. Subscription fees

The fees payable to us will be published on the Website and vary by chosen subscription level. We may change our fees from time to time, but a fee increase will only take effect from the start of your next subscription period, and we will give you at least 30 days' notice of the increase before your renewal date. If you do not wish to pay the increased fee, you may cancel your subscription with effect from the end of your current subscription period.
Unless otherwise specified by us, our subscription fees are payable monthly in advance (for a monthly subscription) or annually in advance (for an annual subscription). You will not be entitled to use the subscriber-only parts of the Website and Service without having first paid this up-front payment.
If we consider GST is applicable, we will charge GST to you in addition to our fees (and will provide you with a valid tax invoice). You must pay the GST at the same time as our fees.
We operate on an auto-renew model. This means that you will initially be required to sign up to the paid service for a specified subscription period. If you do not notify us that you want to cancel the paid service prior to the end of that subscription period, we will automatically renew your subscription period for a period of time equal to that specified as your original subscription period, at the original subscription level. For annual subscriptions, we will send you a renewal reminder a reasonable period before your renewal date. You may cancel auto-renewal at any time with effect from the end of your current subscription period.
You may upgrade or downgrade your subscription level at any time during the term of this Agreement. You will be required to pay the increased subscription fee at the time you make the request. You will not receive a pro-rata refund if the new subscription fee is of a lesser amount.
If this Agreement is terminated by us for your breach, or by you other than because of our breach, fees already paid are not refundable except where required by law. If this Agreement is terminated by us without cause under clause 10.1, or by you because of our material breach, we will refund you a pro-rata portion of any fees paid in advance for the period after termination. Nothing in this clause excludes any right or remedy that cannot be excluded under the Australian Consumer Law.

4.3. Payment via credit card

Credit card details (i.e. card number, name, expiry date and CVC) are collected by our financial service provider’s payment facilities for authorisation/payment. We will endeavour to ensure that your information always remains secure with our provider to the extent possible. In order to attempt to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Payment card details are processed by our payment provider and are not stored by us; they are handled in accordance with our Privacy Policy and our provider's security standards.

4.4. Failure to pay

If you do not pay our fees when they are due, we may downgrade your access so that you may only access or use the free components of our Website or Service. We will endeavour to give you an opportunity to rectify the non-payment before doing this but it may not always be possible.

4.5. Currency, late payment and chargebacks

Our fees are stated in Australian dollars unless we specify otherwise. If a payment fails, we may retry the payment method on file. If you initiate a chargeback of fees that were properly payable under this Agreement, we may suspend your access until the amount is repaid and may recover our reasonable costs of recovering it.

4.6. Free trials

We may offer free trials of the paid parts of the Service. Unless we specify otherwise: (a) one free trial is available per organisation; (b) we may set and change the features and limits included in a trial; (c) we will tell you before a trial starts whether it converts automatically into a paid subscription and, if it does, when you will first be charged; and (d) we may suspend or terminate a trial that we reasonably consider is being used to circumvent this Agreement (including repeated trial sign-ups by or for the same organisation). Trial use of the Website and the Service is otherwise subject to this Agreement.

5. Restrictions on use

5.1. Specific restrictions

When using the Website and the Service you must not do any of the following things:

reverse engineer, de-compile, disassemble or alter the Service, or otherwise attempt to discover its source code;
harvest, collect, or gather user data or Content, except as expressly permitted by clauses 2.3 and 5.5;
post unrelated content such as harassing, indecent, obscene, fraudulent, or unlawful material;
transmit any file containing malware or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
use the Website or Service in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
do anything that we consider may impact on the ability of other users to access or use the Website or Service in the manner intended by us;

5.2. Subscription level

You agree that you will be restricted to the use of Website and Service functionality that is applicable to your chosen subscription level, as published on the Website. This may include limitations on the number of users within your organisation who can use the Service under your subscription.

We reserve the right to make changes to the available functionality and user limitation in each subscription level. If a change materially reduces the functionality of a paid subscription during a period you have already paid for, you may terminate this Agreement and receive a pro-rata refund of fees paid in advance for the period after termination.

5.3. Content restrictions

You must not (and must not permit or assist any other person to):

(a) sell, resell, license, sublicense, publish, republish, syndicate, distribute, frame or otherwise make any Content available to any person who is not an Authorised User, whether directly or through any product, service, website, application, feed, newsletter, publication or AI system;

(b) use Content to create, improve or contribute to any product, service or database that competes with the Service;

(c) use Content to train, fine-tune or ground any machine-learning or artificial intelligence model or system, except tools used solely by and for your Authorised Users;

(d) remove or obscure any proprietary notice on or in any Content; or

(e) retain any Content after termination of this Agreement, other than copies you are required by law to keep.

These restrictions apply however the Content is accessed or obtained, including through the Website, the API or the MCP Server, and whether the Content is accessed by a person or by any automated tool acting on a person's behalf.

5.4. Automated access

You must not access the Website or the Service by any automated means (including scrapers, crawlers, spiders, scripts, bots or AI agents), and must not systematically retrieve, extract, monitor, copy or download Content, except through interfaces we provide for that purpose (such as the API and the MCP Server) and within the usage limits we publish or notify to you. An AI agent or similar automated tool may access the Service only on behalf of, and as a tool of, an identified Authorised User, and anything it obtains remains subject to this Agreement (including clause 5.3).

5.5. API and MCP Server access

Where your subscription includes access to the API or the MCP Server:

(a) credentials and keys are issued to your organisation, are confidential, and must not be shared with, disclosed to, or used for the benefit of any third party;

(b) we may set, monitor and change rate and usage limits from time to time;

(d) you must not cache, store or bulk-export Content beyond what is reasonably required for your Authorised Users' current use of the Service; and

(e) we may throttle, suspend or revoke access to the API or the MCP Server immediately if we reasonably suspect a breach of this Agreement, pending investigation under clause 10.4.

5.6. Competitors

You must not access or use the Website or the Service if you operate, or are acting for the benefit of, a business that competes with the Service, or for the purposes of competitive analysis or building a product or service that competes with the Service, except with our prior written consent.

6. Support

You may request our support to use the Website and Service at no additional cost to you.
You agree that you will first seek to exclude failures of your infrastructure (such as unreliable or unavailable Internet or Wi-Fi connections) before contacting us for support.
You acknowledge that our support of the use of the Website and Service is not guaranteed to be available at any given time and that we may not be able to resolve all issues reported.

7. Acknowledgements

7.1. Generally

You agree that we can do the following things in relation to your use of the Website and the Service without any notice to you:

access your account for the purpose of maintaining, improving or providing assistance with the Website or Service;
publish information or content that you have posted on the Website;
store your contact information with our records; and
send you marketing information or other correspondence relating to the Service or the Website from time to time, in accordance with applicable law (including the Spam Act 2003 (Cth)) and our Privacy Policy; you may opt out of marketing communications at any time.

7.2. Maintenance

We do not guarantee that you will be given uninterrupted access to the Website or the Service. You release us from any claim relating to any lack of access to the Website or the Service.

7.3. Notifications

Our Website offers a service which notifies users of key dates in relation to specified opportunities from time to time (Notifications). While we will endeavour to ensure that the Notifications system will operate as intended, we make no warranties that it will do so. You acknowledge that it is your responsibility to note key dates for relevant opportunities and that you will not rely solely on our Notifications. Likewise, you agree to release us from any loss or liability that arises from your failure to do anything in relation to an opportunity that relates to a failure of our Notifications system.

7.4. Completeness or accuracy of opportunity information

While we strive to include as many opportunities as we can on our Website, you acknowledge that our Website may not contain all opportunities that exist in any particular geographic region from time to time.
As the opportunity information on our website is collected from third parties, we cannot make any warranties as to the accuracy or completeness of this information. We recommend that you seek confirmation directly from the relevant third party to confirm information in relation to their opportunity. You agree to release us from any loss or liability that arises from any inaccuracy or omission in the opportunity information on our Website.

7.5. Privacy and data

Our Privacy Policy (published on the Website) explains how we collect, use and disclose personal information, and forms part of this Agreement.

You agree that we may use data about your use of the Service in aggregated or de-identified form (so that neither you nor any individual can be identified) to operate, analyse and improve the Service.

8. Limitation of liability

(a) Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. Where the law permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.

(b) Subject to clause 8(a): To the extent permitted by law, you agree to limit any claim for damages against us in relation to your use of the Service or the Website to the cost of resupplying the Service.

(c) Subject to clause 8(a), we are not liable for: (i) loss arising from goods or services that are not controlled or directly supplied by us (including the opportunities listed on the Website and the acts or omissions of the third parties that publish them); or (ii) any indirect or consequential loss, loss of profit, loss of revenue, loss of business or loss of data, however arising (whether in contract, tort (including negligence), statute or otherwise).

(d) You agree to indemnify us against any loss or damage we suffer arising from a breach of this Agreement by you or your Authorised Users, to the extent that loss or damage is caused by the breach.

9. No warranties

Subject to clause 8(a) and to the extent permitted by law, we do not warrant that:

the content on the Website created by users and other third parties is accurate, up to date, or suitable for your use (you should make your own enquires directly with third parties regarding this content);
the Website and the Service will be error free or uninterrupted;
any defects in the Website and Service will be rectified (either in a timely manner or at all);
the Website and Service will be free of any malicious codes or viruses; or
the Service and the Website will be immune from unauthorised access or the alteration of any data stored on the Website.

10. Termination

10.1. Termination by us

We can terminate this Agreement immediately if:

you do not pay any money owed to us for more than thirty (30) days after it was originally due to be paid;
you breach any essential term of this agreement (the essential terms include clauses 3.2, 4.2, 5.1 and 5.3 to 5.6); or
you breach any other term of this agreement and do not remedy that breach to our satisfaction, acting reasonably, within fourteen (14) days of us asking you to do so.

We can also terminate this Agreement without cause giving 90 days notice to you. If we do, we will refund you a pro-rata portion of any fees paid in advance for the period after termination.

10.2. Termination by you

You can terminate this Agreement (or cancel a subscription) at any time without cause by written notice to us or through your account settings. Termination takes effect at the end of your then-current billing period, unless we agree otherwise or clause 1.2, 4.2 or 5.2 gives you an earlier right.

10.3. Effect of termination

If this Agreement is terminated:

You will not be permitted to use the Website or Service after the date of termination of the Agreement;
You will not be entitled to a refund of any fees (including in relation to fees paid in advance), except as provided in clause 4.2 or as required by law.

10.4. Suspension

We may suspend your access to all or part of the Website or the Service (including access to the API and the MCP Server) immediately and without prior notice where we reasonably suspect: (a) a breach of this Agreement (including clauses 5.3 to 5.6); (b) a security risk to the Website, the Service or other users; or (c) fraudulent or unlawful activity. We will tell you promptly why access was suspended, investigate expeditiously, and restore access once the issue is resolved. Suspension does not limit our other rights under this Agreement, and a period of suspension does not extend your subscription period.

10.5. Survival

Clauses 2.3, 2.4, 2.5, 5.3, 8, 9, 10.3, 10.5 and 11 survive termination of this Agreement.

11. Other matters

11.1. Assignment

We may assign or novate this Agreement in connection with a sale, transfer or restructure of our business, and will notify you of any assignment or novation. Otherwise, neither party may assign this Agreement without the other party's prior written consent, which must not be unreasonably withheld.

11.2. Governing law

The laws in force in the Northern Territory of Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of the Northern Territory and of the Federal Court of Australia.

11.3. Notices

Notices under this Agreement must be given in writing. We may give you notice by email to the address associated with your account, by a message through the Service, or by post. You may give us notice by email to the contact address published on the Website. A notice sent by email is taken to be received when it is sent, unless the sender receives an automated message that it was not delivered.

11.4. Severability

If any part of this Agreement is void, unenforceable or found to be unfair, it is severed to the extent necessary, and the rest of the Agreement continues in force.

11.5. Entire agreement

This Agreement (together with the documents it refers to, including the Privacy Policy and the subscription details published on the Website) is the entire agreement between you and us about its subject matter.

11.6. Waiver

A failure or delay by either party to exercise a right under this Agreement is not a waiver of that right.

11.7. Force majeure

Neither party is liable for a failure to perform an obligation under this Agreement (other than an obligation to pay money) to the extent the failure is caused by events beyond that party's reasonable control.

(Version 2.0 — 29 August 2026)

Conditions of Use