1. Agreement to Terms

By accessing or using AskTender (the "Service"), operated by Asktender PTY LTD (ACN 700 409 703, ABN 30 700 409 703) ("we", "us", "our"), you agree to be bound by these Terms and Conditions. If you do not agree, you must not use the Service.

2. Description of Service

AskTender is a software-as-a-service platform that aggregates, indexes, and provides search and analysis tools for Australian government tender data. The Service includes web-based access, API access, and AI-powered query tools.

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.

4. Account Registration

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information and to keep your account credentials secure. You are responsible for all activity that occurs under your account.

5. Subscriptions and Payment

Paid features are available through subscription plans as described on our pricing page. Subscriptions automatically renew unless cancelled before the renewal date. All fees are in Australian dollars (AUD). Asktender PTY LTD is registered for GST, and GST of 10% is added to all sales to Australian customers. A tax invoice showing our ABN is issued for every payment.

Refunds, cancellations, and your rights under the Australian Consumer Law are set out in full in our Refund Policy, which forms part of these Terms.

6. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law
Attempt to gain unauthorised access to any part of the Service or its systems
Use automated tools to scrape, crawl, or extract data from the Service beyond what is permitted by your plan
Resell, redistribute, or sublicense access to the Service without our written consent
Interfere with or disrupt the integrity or performance of the Service
Upload or transmit any malicious code, viruses, or harmful content

7. Intellectual Property

All content, features, and functionality of the Service — including but not limited to software, text, graphics, logos, and design — are owned by us and protected by Australian and international intellectual property laws.

Government tender data displayed through the Service is sourced from publicly available government publications. We do not claim ownership of the underlying government data, but our compilation, indexing, analysis, and presentation of that data is proprietary.

8. Data Accuracy and Disclaimer

While we strive to provide accurate and up-to-date tender information, we do not warrant that the data is complete, accurate, or current. The Service is provided for informational purposes only and should not be relied upon as the sole basis for business decisions.

You should always verify tender details directly with the issuing government agency before submitting a bid or taking any action based on information from the Service.

9. AI-Powered Features

The Service includes AI-powered features that generate responses based on available data. AI outputs are provided as general guidance only and may contain errors or inaccuracies. We are not liable for decisions made based on AI-generated content.

10. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service.

Our total liability for any claim arising from or relating to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the Commonwealth of Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.

15. Contact

If you have any questions about these Terms, please contact us.