The following STANDARD TERMS AND CONDITIONS OF USE apply if you entered into a contract after 28th November 2019, please refer to these TERMS AND CONDITIONS if you entered into a contract prior to this date.


This document (the Terms) is between the Company or other Entity identified in the Company Details (you) and Bidtracker (VIC) Pty Ltd ABN 85 611 220 823 (we or us). Terms used in this document have the meanings given in paragraph (mm).

(a) (Our products) We currently supply the following digital technology products:

(b) (Products under these Terms) These Terms apply to each of our products that you subscribe for, as identified in the Product Details, (Products), in respect only of the office location listed in the Company Details. If you conduct business at more than one office location, then a separate Agreement in relation to the Products must be entered into for each office location at which you wish to use a Product.

(c) (Prior agreements) If you are an existing subscriber for any Product (immediately before entry into this agreement), the Agreement, including these Terms, replaces and terminates all agreements between you and us in relation to those Products from the time you enter into the Agreement.

(d) (Our Privacy Policy) You agree that you have read and you accept the terms of our privacy policy, available at (Privacy Policy), in connection with the Agreement and use of any Product. As noted in our Privacy Policy, we may update our Privacy Policy from time to time.

(e) (Data) you agree that we may collect and use all Data, subject to:

(f) (Special Conditions) The Special Conditions listed above (if any) take precedence over any other term of this agreement to the extent of any inconsistency.

(g) (Variations) We may amend the Agreement, including the Terms or the price of any Product, from time to time. Our up-to-date standard terms for the Products can be found at We will give you at least 28 days’ notice of any amendment to your Agreement or the Terms. Upon receiving any such notice, you may terminate:

(h) (Initial Term) Your Agreement commences when signed by each party and continues for the Initial Term in respect of the relevant Product. Signature may be by way of digital or electronic signature, using our electronic contracting system or mobile application.

(i) (Automatic renewal) Your Agreement will automatically renew in respect of each Product for further successive periods equal in length to the Initial Term, unless either party gives notice of non-renewal in respect of a Product at least 30 days before the end of the then current Initial Term or renewal period, and your Agreement will to operate in respect of any Products for which such notice has not been given.

(j) (Our responsibilities) We agree to:

(k) (Limits of use) Your use of the Products and Content is:

(l) (Payment of Price) You must pay the Price in respect of each Product for the Term. The Price (other than any usage charges) is payable in advance, annually or in accordance with any different billing frequency stated in the Product Details. Any usage charges included in the Price will be invoiced monthly or in accordance with any different billing frequency stated in the Product Details. Payment terms are 30 days. You must pay by way of direct debit, credit card we accept or via our payment portal. You authorise us to charge by way of the payment method designated by you the Price of each Product for the Term. You must provide complete and accurate billing, payment and contact information to us and notify us promptly of any changes to that information. If any payment on any account with us is overdue, we may suspend any one or more Products until payment is made.

(m) (Your responsibilities) Without limiting your other obligations under the Agreement:

(n) (Usage restrictions) You must not:

(o) (Disclaimers) We:

(p) (Digital Sale Contracts and Private Sale Contracts) If you subscribe for the Products “Digital Sale Contracts” or “Private Sale Contracts”, you acknowledge and agree with respect to the relevant product/s (together, Digital Contracts):

(q) (Indemnity) You indemnify us and our Affiliates against any damage, expense, loss, cost or liability we or our Affiliates suffer or incur in connection with:

(r) We hold the benefit of this indemnity, and any other provision in your Agreement in favour of our Affiliates, for our own benefit and for the benefit of our Affiliates.

(s) (Free Product/trial Product) If any Product is provided to you on a free trial basis (which we may do from time to time in our absolute discretion), such trial period free of charge will end on the earlier of:

(t) (Competitor) You must not access or use any Product if you are or become a competitor of us or any of our Affiliates. We may determine in our discretion whether you are a competitor, and if we so determine, deny you access to any Product.

(u) (Changes to Products) We may in our discretion modify or update any Products including software and relating to a Product and Documentation at any time without notice to you or any other party, and we will not be liable to you for any such act.

(v) (Future functionality) You agree that you have not relied on any future functionality in relation to any Product in acquiring any Product.

(w) (Bundling discounts) Any discounts to the Price of a Product based on bundling with any of other Product will be discontinued if such bundled Product ceases to be supplied under your Agreement.

(x) (Intellectual property)

(y) (Confidentiality) You must, and must ensure that Users:

(z) (Termination) A party may terminate an Agreement by notice to the other party if the other party breaches the Agreement and:

(aa) If you terminate the Agreement in accordance with paragraph (z) because of our material breach, we will refund any prepaid Price pro rata in respect of the remainder of the Term. If we terminate the Agreement in accordance with paragraph (z) because of your breach, you must pay us the balance of the Price in respect of the Term after that date of termination.

(bb) (Termination without cause) We may terminate the Agreement without cause in respect of any one or more Products on 14 days’ notice. If we terminate without cause, we will refund any prepaid Price pro rata in respect of the remainder of the Term after that date of termination.

(cc) (Termination for insolvency) Either party may terminate the Agreement immediately by notice if the other party is insolvent.

(dd) (Cross termination) The Agreement in respect of the Products Digital Sales Contract and Private Sales Contract terminates automatically if the Agreement terminates with respect to the Product Bidtracker.

(ee) (Liability) Our liability under or in connection with the Agreement is limited (at our option) to:

(ff) (Your Data Portability) Upon request by you made within 30 days after the effective date of termination or expiry of the Agreement, we will make your Data in respect of the Products Real Time Authority and Bidtracker (as requested) available to you for export or download. After such 30-day period, we will have no obligation to maintain or provide any Data.

(gg) (GST) Any amounts stated in the Agreement or determined for the purposes of the Agreement are stated or to be determined exclusive of GST, unless stated otherwise. If GST is imposed, assessed or levied on any supply made under the Agreement (Taxable Supply), the recipient of the Taxable Supply must pay to the supplier in addition to any other payment required by the Agreement the GST imposed on the Taxable Supply calculated at such percentage of the GST exclusive value of the supply as is applicable, being the rate of GST imposed, assessed or levied on the Taxable Supply at the date the Taxable Supply is made. The supplier of that Taxable Supply will deliver to the recipient a GST tax invoice(s) for that Taxable Supply in a form that complies with the requirements of the GST Law.

(hh) (Late payments) Without limiting any other right or remedy in connection with a failure to pay by the due date for payment, we may charge interest on any amount outstanding under the Agreement at the prevailing rate of penalty interest prescribed by the Penalty Interest Rates Act 1983 (Vic) from the due date for payment until such time as full payment of the amount outstanding is made by you.

(ii) (Notices): Notices must be in writing and must be given by:

(jj) (Agreement) By signing the Agreement, you acknowledge that you have read and understood all of the terms set out here and you agree to be bound by them.

(kk) (Authority to sign) If you are signing on behalf of a company, partnership or any other legal entity, you warrant that you are authorised to bind that entity to the Agreement.

(ll) (No access or use without agreement) You must not access or use any Product unless you agree to and comply with all terms of the Agreement.

(mm) (Other defined terms): Other terms used in these Terms have the meanings below:

(nn) (Interpretation) In these Terms:

(oo) (General)