Intellectual Property and Use of Materials

Ownership and Copyright

You acknowledge and accept that the material, information, or data relating to tenders on the Tender Guide Consultants website, including but not limited to tender notices, Request for Information (RFI) notices, Request for Proposal (RFP) notices, advertisements, messages, addenda, and updates in any form whatsoever, including text, software, artwork, graphics, photographs, images, sounds, music, audio material, video material, and audio-visual material (“Material”), is owned by or licensed to Tender Guide Consultants and is protected by copyright.

Restrictions on Use

You acknowledge and understand that unauthorized copying, re-publication, or use of the Material may violate copyright, trademark, and other laws.

Authorized Use

You are authorized by Tender Guide Consultants to view, download, print, and copy from the Tender Guide Consultants website only such copies of the Material as are strictly necessary for your records as a Subscriber and your own use for the purposes of considering and responding to the tenders available to you from the Tender Guide Consultants website.

Retention of Notices

You must retain all copyright and other proprietary notices contained in the original Material or any copy you make of the Material.

Prohibited Actions

Except in accordance with the express provisions of this Agreement, you may not save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate, or create derivative works from, or otherwise use in any way, the Material or any part thereof, without the written permission of Tender Guide Consultants.

Notification of Infringement

You agree to immediately notify Tender Guide Consultants by e-mail to enquiries@tenderguideconsultants.com.au or by post to the postal address published on the Tender Guide Consultants website if you become aware of: (a) Any copying, publication, or use of the Material which would or may amount to a breach of the terms of this clause by any person; and (b) Any material on the Tender Guide Consultants website which infringes or may infringe your copyright or any other person’s copyright.

Enforcement of Rights

You acknowledge and understand that Tender Guide Consultants reserves the right to take whatever action it deems necessary without further notice to protect and enforce its rights. This includes commencing Court proceedings for copyright infringement seeking injunctive relief, compensation in the form of damages or an account of profits, and the payment of legal costs.

Limit of Liability

Exclusion of Damages

Users expressly understand and agree that Tender Guide Consultants shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, costs of delay, goodwill, use, data, or other intangible losses whether based on contract, statute, or otherwise (even if Tender Guide Consultants has been advised of the possibility of such damages), resulting from:

  1. The use or the inability to use the Services;
  2. The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services;
  3. Unauthorized access to or alteration of your transmissions or data;
  4. Statements or conduct of any third party on the Services; or
  5. Any other matter relating to the Services.

No Underwriting of Identity or Performance

Tender Guide Consultants does not underwrite the identity or performance of any Procuring Party or other user of the Tender Guide Consultants website and will not be held liable for any losses, costs, or claims whatsoever arising out of any fraudulent or mistaken identity assumed by any party using the Tender Guide Consultants website or any unauthorized use of any digital certification issued thereunder.

Disclaimer of Warranties

Tender Guide Consultants does not make any representations or warrant any of the information made available by procuring parties. You agree that Tender Guide Consultants shall have no responsibility or liability for any information, transaction, transmission, submission, correspondence, storage, identification, screening, compliance issues, issue of digital identification, unlawful transactions by other persons in connection with or arising out of any tender exercise.

Liability for Personal Injury or Death

Nothing in this clause excludes Tender Guide Consultants’ liability for personal injury or death caused through the negligence of Tender Guide Consultants, its employees, servants, or agents, neither does it seek to exclude liability for fraudulent misrepresentation by Tender Guide Consultants.

Limitation of Liability

In cases of any losses not otherwise excluded by a Term of this Agreement, Tender Guide Consultants’ total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Agreement, or based on any claim for indemnity or contribution will not exceed the sum of the most recent notification subscription fee paid by you to Tender Guide Consultants.

Business Purposes

You confirm the services are being provided for business purposes and agree that the provisions of the Consumer Guarantees Act 1993 (NZ) do not apply.


You agree to indemnify and hold Tender Guide Consultants and our subsidiaries, related entities, affiliates, officers, directors, agents, and employees harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by you or a third party owing to, or arising out of, your use of the Services provided by Tender Guide Consultants or your breach of this Agreement or the documents it incorporates by reference (including, without limitation, use of digital certification for an unauthorized purpose), or your violation of any law or the rights of a third party.

Intellectual Property Protection

Non-Use of Customer, Strata Company, and Contractor IP

We are committed to protecting the intellectual property (IP) of our customers, strata companies, and contractors. We will not use any IP, including but not limited to trademarks, copyrights, patents, or trade secrets, provided to us in the course of our business relationship, for any purposes other than those explicitly agreed upon in writing.

Non-Transfer of IP

We will not transfer, sell, or otherwise distribute any IP belonging to our customers, strata companies, or contractors to any third party without explicit written consent from the IP owner. Any such transfer will be conducted under terms mutually agreed upon by both parties and in accordance with applicable laws.

Non-Copying of IP

We will not copy, reproduce, or otherwise replicate any IP provided to us by our customers, strata companies, or contractors except as necessary to fulfill our contractual obligations. Any such copies made will be used solely for the purpose of delivering agreed services and will be disposed of appropriately once no longer needed.

Customer Use of Tender Guide Consultants’ IP

All tender documents and intellectual property created and provided by Tender Guide Consultants, including but not limited to reports, proposals, and other related materials, remain the exclusive property of Tender Guide Consultants. These materials may not be distributed, copied, or used for any purpose other than the specific intent for which they were provided, without the prior written consent of Tender Guide Consultants.


We understand the importance of maintaining confidentiality with regard to IP. All proprietary information, documents, or materials provided to us will be treated as confidential and will not be disclosed to any third party without prior written consent from the IP owner.

Compliance with Laws

We will comply with all applicable intellectual property laws and regulations. Any unauthorized use, transfer, or copying of IP is strictly prohibited and may result in legal action.

Resolution of Disputes

In the event of any dispute regarding the use, transfer, or copying of IP, we will work collaboratively with the affected party to resolve the issue promptly and fairly. Any unresolved disputes will be subject to the dispute resolution procedures outlined in our agreement or, if not specified, in accordance with applicable legal processes.

Contact Information

For any concerns or questions regarding our intellectual property policies, please contact us at: enquiries@tenderguideconsultants.com.au


These terms, conditions and policy’s may be up-dated at any time and will be available for your viewing at www.tenderguideconsultants.com.au 

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