Terms & Conditions

1. About the website

  1. Welcome to www.tendersandmarketing.com.au (the ‘Website‘). The Website provides access to tender writing, branding, and reconciliation action plans development (the ‘Services’).
  2. M&T Marketing™ (ABN 85 763 730 809) operates this website (www.tendersandmarketing.com.au) (referred to as “we,” “us,” or “our”). Please take the time to carefully review these terms and conditions (“Terms”). By accessing, browsing, or using our Website, you confirm that you have read, understood, and agreed to comply with these Terms. If you do not agree to these Terms, you must discontinue your use of the Website and any associated services immediately.
  3. M&T Marketing™ reserves the right to revise and amend these Terms at its sole discretion by updating this page. It is your responsibility to regularly review this page to stay informed of any changes. Any modifications to the Terms will take effect immediately upon publication. We recommend you retain a copy of these Terms for your records.

2. Acceptance of the terms

  1. You accept these Terms by continuing to use or remain on the Website. Additionally, you may accept the Terms by selecting “accept” or “agree” wherever this option is provided to you in the M&T Marketing™ user interface.

3. Accepting and Completing Proposal to use the services

  1. To access the Services provided by M&T Marketing™, you must complete and accept the Proposal, which includes accepting the Client Terms and Conditions (in addition to these Terms) and paying the applicable fee.
  2. By completing and signing the Proposal, you acknowledge and agree that it is your responsibility to ensure the Services are suitable for your needs and intended use.
  3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. an email address;
    2. preferred username;
    3. a mailing address;
    4. a telephone number;
    5. a password; and
    6. details relating to your business.
  4. You may also need to disclose your goals, intentions, or ideas for utilising the Services (“Goals”). You warrant that any information you provide to M&T Marketing during Enrolment, Strategic Meetings or while using the Services will always be accurate, correct, and up to date.
  5. You may not use the Services or accept the Terms if:
    1. You are not of legal age to form a binding contract with M&T Marketing, which is 18 years of age; or
    2. You are barred from receiving the Services under Australian law or the laws of any other jurisdiction, including the country where you reside or from which you access the Services.

4. Your obligations

  1. You agree to comply with the following:
    1. you will use the Services only for purposes that are permitted by:
      1. the Terms;
      2. the Client T’s & C’s; and
      3. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    2. you have the sole responsibility for protecting the confidentiality of your password and/or email address.  Use of your password by any other person may result in the immediate cancellation of the Services;
    3. any use of your registration information by any other person, or third party, is strictly prohibited.  You agree to immediately notify M&T Marketing of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    4. access and use of the Website is limited, non-transferable and allows for sole use of the Website by you for the purposes of M&T Marketing providing the Services to you in accordance with your Proposal ;
    5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of M&T Marketing to achieve your Goals;
    6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.  Appropriate legal action may be taken by M&T Marekting for any illegal or unauthorised use of the Website; and
    8. you acknowledge and agree that any automated use of the Website or the Services is prohibited.

5. Payment

  1. Where the option is given to you, you may make payment of the Proposal Fee by way of:
    1. Electronic funds transfer (‘EFT‘) into our nominated bank account;
    2. Credit card payment; or
    3. An agreed payment plan.
  2. The payments referred to in (b) and (c) above are made using Stripe Payments Australia Pty Ltd (‘Stripe‘).  In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Stripe’s terms and conditions, which are available on their website (https://stripe.com/au).
  3. You acknowledge and agree that where a request for the payment of the Proposal Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Proposal Fee.  Your access to the Services may also be terminated.  For further details, see the Client T’s & C’s.
  4. You agree and acknowledge that M&T Marketing can vary the Proposal Fee at any time and that the varied Proposal Fee will come into effect following the conclusion of the existing Proposal Period, or as set out in the Client T’s & C’s.

6. Refund policy

  1. M&T Marketing will only provide you with a refund in the circumstances, as set out in the Client’s T’s & C’s, or as required by law, including the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010.  For further details, see the Client T’s & C’s.

7. Copyright and intellectual property

  1. The Website, the Services and all of the related products of M&T Marketing are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, photographs, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by M& T Marketing or its contributors.
  2. The work that you do to achieve your Goals and in response to receiving the Services is owned by you. All trademarks, service marks and trade names are owned, registered and/or licensed by M&T Marketing, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
    1. use the Website pursuant to the Terms;
    2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
    3. print pages from the Website for your own personal and non-commercial use.
  3. M&T Marketing does not grant you any other rights whatsoever in relation to the Website or the Services, other than those set out in the Terms of the Client T’s & C’s. All other rights are expressly reserved by M&T Marketing.
  4. M&T Marketing retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
    1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  5. You may not, without the prior written permission of M&T Marketing and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms or the Client T’s & C’s. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8. Privacy

  1. M&T Marketing takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to M&T Marketing Privacy Policy, which is available on the Website.

9. General disclaimer

  1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  2. Subject to this clause, and to the extent permitted by law:
    1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    2. M&T Marketing™  will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the Website and the Services is at your own risk.  Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind.  M&T Marketing™ provides the Services in good faith and does not warrant that any idea, concept, theory, topic, Goal or otherwise can or will be published, purchased, offered for sale and/or sold.  M&T Marketing™ and none of the affiliates, directors, officers, employees, agents and/or contributors of M&T Marketing™ make any express or implied representation or warranty about the Services (wholly or in part), the persons or companies referred to in the Website or any products (including the products or Services of M&T Marketing™) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Services or any of the products of M&T Marketing™;
    4. any work undertaken for you by our partners or persons recommended by us;
    5. the failure by you to receive the Services and/or achieve your Goals as result of your conduct or the conduct of third parties; and
    6. the Services or operation in respect to links which are provided for your convenience. For further details, see the Client T’s & C’s.

10. Limitation of liability

  1. The Elevatory’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  2. You expressly understand and agree that M&T Marketing™, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of contract

  1. The Terms will continue to apply until terminated by either you or by M&T Marketing™ in accordance with the Client T’s & C’s.
  2. M&T Marketing™ may at any time, terminate the Terms with you if:
    1. you have breached any provision of the Terms and/or the Client T’s & C’s, or intend to breach any provision;
    2. M&T Marketing™ is required to do so by law;
    3. the provision of the Services to you by M&T Marketing™ is, in the opinion of M&T Marketing™ no longer commercially viable.
  3. Subject to local applicable laws, M&T Marketing™ reserves the right to discontinue or cancel your agreement or membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct adversely impacts or may impact M&T Marketing™ name or reputation or violates the rights of those of another party.  For further details see the Client T’s & C’s.

12. Indemnity

  1. You agree to indemnify M&T Marketing™, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Goals or the content you provide;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    3. any breach of the Terms and/or the Client T’s & C’s.

13. Dispute resolution

  1. Compulsory: If a dispute arises out of or relates to the Terms and/or Client T’s & C’s, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms and/or the Client T’s & C’s, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms and/or the Client T’s & C’s (‘Parties’) must:
    1. Within 30 days of the Notice endeavor, in good faith, to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    4. The mediation will be held in New South Wales, Australia.
  4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15. Governing law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent legal advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Precedence

If any provision within the Terms is inconsistent with the Client T’s & C’s, the latter prevails.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Dated: February 2025