Terms of Service
1. Agreement Overview
1.1. Establishing the Agreement
This document outlines the terms and conditions governing your use of the TenderBay.co.nz website, https://www.tenderbay.co.nz (Website), and the associated digital platform for opportunity discovery (Service). By accessing or using the Website or Service, you agree to abide by these Terms of Service (Agreement) established between you (and/or your organisation) and us, TenderBay.
1.2. Changes to the Agreement
We reserve the right to modify this Agreement at any time by updating the terms on the Website. You agree to be bound by the revised Agreement upon:
- Receiving notice from us about the change, or
- Continuing to use the Website or Service after such updates.
Your continued use of the Website or Service constitutes acceptance of any changes.
1.3. Relationship
You acknowledge that the relationship between you and TenderBay is solely that of a service provider and customer. This Agreement does not create any partnership, employment, agency, or joint venture relationship.
1.4. Term
This Agreement takes effect on the earlier of the date you accept these terms or the date you first use the Website or Service. It will remain in force until terminated as outlined in Section 10.
2. Website Usage
2.1. Eligibility
The Website and Service are intended for use by:
- Individuals aged 18 years or older, or
- Organisations legally registered in New Zealand (e.g., companies or government entities) or sole traders registered in New Zealand.
We reserve the right to deny access to the Website or Service at our sole discretion without needing to provide a reason.
2.2. External Links
The Website may contain links to third-party sites. TenderBay makes no guarantees regarding the accuracy or legitimacy of content on external sites and disclaims liability for any reliance placed on such content.
2.3. Content Ownership and Licensing
- Content owned by third parties: Intellectual property rights of some content may belong to third parties, and your use of such content is at your own risk.
- Content owned by TenderBay: You are granted a non-exclusive, non-transferable license to use TenderBay’s content strictly for personal or organisational purposes relating to the Service.
- Content you create: You retain ownership of any intellectual property in the content you create. However, you grant TenderBay a license to use such content as necessary to provide the Service.
2.4. Responsibility for Content
You are fully responsible for any content you create or upload to the Website and must ensure that it:
- Complies with New Zealand law.
- Does not defame others.
- Is accurate and not misleading.
You agree to indemnify TenderBay for any claims resulting from non-compliance with these responsibilities.
2.5. Third-Party Information
Information on the Website may originate from third parties. We do not verify the accuracy of this information. You rely on such information at your own risk.
2.6. Hosting
The Website and Service are hosted exclusively on third-party infrastructure managed by us. Users are not permitted to install or replicate any part of the Website or Service on their own systems.
3. Accounts
3.1. Account Creation
Access to parts of the Website or Service requires creating an account. If you create an account on behalf of an organisation, you confirm that you are authorised to do so.
3.2. Unauthorised Access
You must not allow third parties to use your account. Notify us immediately if you suspect any unauthorised access. You are responsible for keeping your account credentials secure.
4. Subscriptions and Payments
4.1. Subscription Fees
Access to certain features of the Service requires a paid subscription. Fees and available subscription tiers are published on the Website and may be updated at any time. Subscriptions are billed monthly or annually in advance, with no refunds for early termination.
4.2. Automatic Renewal
All subscriptions operate on an auto-renewal basis unless cancelled prior to the end of the current subscription term.
4.3. Payment Methods
Payment is processed securely via third-party providers. While we take reasonable precautions, we disclaim liability for unauthorised access to payment details.
4.4. Non-Payment
Failure to pay subscription fees may result in downgraded access or account suspension. We will attempt to notify you before taking such action.
5. Restrictions on Use
You agree not to:
- Reverse-engineer, decompile, or modify the Service.
- Post harmful, illegal, or irrelevant content.
- Use the Service in ways that infringe intellectual property rights.
- Transmit malware or disrupt other users’ access to the Service.
6. Support
While we provide support for the Service, availability is not guaranteed. Issues caused by user infrastructure, such as poor internet connectivity, are outside our responsibility.
7. Disclaimers
7.1. Service Availability
We do not guarantee uninterrupted access to the Website or Service. Scheduled maintenance or unforeseen outages may occur.
7.2. Notifications
Our notification system aims to provide timely updates about opportunities but is not guaranteed to be accurate or reliable.
7.3. Opportunity Information
Opportunity data is sourced from third parties, and we cannot guarantee its accuracy or completeness. Users should verify key details independently.
8. Limitation of Liability
To the extent permitted by New Zealand law, our liability for any claim related to the Website or Service is limited to resupplying the Service.
9. No Warranties
We make no warranties regarding:
- The accuracy or suitability of content.
- Continuous error-free operation of the Website or Service.
- The absence of malware or security breaches.
10. Termination
10.1. Termination by TenderBay
We may terminate this Agreement immediately if you fail to comply with its terms. Otherwise, we may terminate without cause by providing 90 days' notice.
10.2. Termination by You
You may terminate this Agreement at any time by providing 90 days' written notice.
11. General Provisions
11.1. Assignment
You may not transfer this Agreement without our written consent. We may transfer our rights under this Agreement without notice.
11.2. Governing Law
This Agreement is governed by the laws of New Zealand.
For any questions or concerns, please contact us at:
Email: support@tenderbay.co.nz