Worthabid Terms of Service

These terms are a contract between Tavrik Pty Ltd, trading as Worthabid (ABN 35 700 515 457), of Perth, Western Australia ("Tavrik", "we", "us") and the organisation that creates a Worthabid account ("you"). They govern your use of the Worthabid service at https://www.worthabid.com.au and any related applications and emails (together, "the service").

By creating an account, or by using the service, you accept these terms. If you are accepting on behalf of an organisation, you confirm you have authority to bind it. Worthabid is a business tool for organisations that respond to tenders. It is not offered to individuals for personal, domestic or household use.

1. What Worthabid does

1.1Worthabid collects publicly available procurement notices, matches them against a profile of your organisation, and produces match scores, indicative win odds, and a verdict for each notice. It also lets you record what you decided and what happened, and can pass selected notices to a CRM you connect.

1.2Scores, odds, verdicts and reasons are estimates produced by automated systems from incomplete public information. They are provided to help you decide where to spend your bid effort. They are not professional advice, are not a recommendation to bid or not to bid, and are not a prediction or guarantee of any procurement outcome.

1.3You remain responsible for every decision you make about a tender, including reading the full tender documents, confirming the mandatory requirements yourself, and deciding whether to respond.

1.4We may add, change or remove features of the service over time. If a change materially reduces the functionality of the plan you are paying for, we will give you at least 30 days' notice and you may cancel under clause 6.4 with a pro rata refund of any prepaid fees.

2. Accounts and users

2.1An account belongs to one organisation. Each plan includes a number of user seats. You may add and remove users within your seat allowance at any time.

2.2You are responsible for everyone who uses the service through your account, for keeping sign-in links and credentials confidential, and for making sure your users comply with these terms. Tell us promptly at the contact form if you become aware of unauthorised access.

2.3You must give us accurate details when you sign up and keep them current, including a working email address for notices under these terms.

2.4You may not use another organisation's account, share seats between organisations, or create accounts by automated means.

3. Free trial

3.1A free trial is available on the Starter plan only. It lasts 7 days from the day the account is created and includes the features of the Starter plan. No payment details are required to start a trial.

3.2The Growth and Agency plans do not include a free trial. They start when you subscribe and the first fee is paid. If you subscribe to any plan during a Starter trial, the trial ends and your subscription starts on that day.

3.3When a trial ends without a subscription, your account moves to read-only. You can still view your profile and any assessments made during the trial, and you can subscribe at any time to resume full use.

3.4If you have not subscribed within 60 days after the trial ends, we may delete the account and its data. We will send at least one reminder to your account email before doing so.

3.5Each organisation may have one free trial. We may set reasonable limits on trial use, and we may decline or end a trial for an organisation that has trialled before or that we reasonably believe is misusing trials.

4. Plans, fees and GST

4.1Fees for each plan are shown on the pricing page at the time you subscribe. Fees are in Australian dollars and include GST where it applies, and each invoice is a tax invoice showing the GST. Subscriptions are billed monthly or annually in advance, at your choice.

4.2Payments are processed by Stripe. By subscribing you authorise us to charge your nominated payment method for the fees due at the start of each billing period. Stripe's terms apply to the payment transaction.

4.3You may change plan at any time. Upgrades take effect immediately and the difference is charged pro rata for the remainder of the current period. Downgrades take effect at the start of the next billing period.

4.4If a payment fails, we will let you know and retry. If it is still unpaid 14 days after we notify you, we may suspend the account until it is paid. We do not charge late fees.

4.5We may change our fees. We will give you at least 30 days' notice by email before a change applies to you. A fee change does not apply to an annual subscription until its next renewal. If you do not accept a fee change you may cancel before it takes effect.

4.6Fees are not refundable except where these terms say otherwise or where the Australian Consumer Law requires it.

5. Renewal

5.1Subscriptions renew automatically at the end of each billing period for the same period, at the fees then in effect, unless you cancel first.

5.2For annual subscriptions we will send a reminder to your account email at least 30 days before renewal, stating the renewal date and fee.

6. Cancellation and termination

6.1You may cancel at any time from the billing settings in the service. Cancellation takes effect at the end of the current billing period. You keep full access until then. We do not refund the unused part of a period you have already paid for, except as set out in clauses 1.4, 6.3, 6.4 and 12.3.

6.2We may suspend or terminate your account if you materially breach these terms and do not fix the breach within 14 days after we notify you, if you use the service unlawfully or in a way that harms the service or other customers, if fees remain unpaid under clause 4.4, or if we are required to by law. We will tell you why.

6.3We may also end the service, or your subscription, for any reason on at least 60 days' notice. If we do, we will refund the unused part of any prepaid fees.

6.4Where these terms give you a right to cancel because of a change we have made, you may do so by telling us in writing before the change takes effect, and we will refund the unused part of any prepaid fees from the effective date of the change.

6.5Clauses 7, 9, 12, 13, 14, 15 and 16 survive termination.

7. Your data

7.1You own the content you put into the service, including your organisation profile, documents and website content you supply for profiling, your users' details, and the decisions and outcomes you record ("your data").

7.2You give us a licence to store, process and display your data as needed to provide, secure, support and improve the service for you, and for no other purpose. We do not sell your data and we do not use it to market to you on behalf of others.

7.3You are responsible for having the right to give us your data, including any personal information about your staff or clients, and for making sure it does not infringe anyone's rights.

7.4Your data is stored in Australia. Where we use a subprocessor outside Australia for a specific function (for example email delivery), the privacy policy lists it and what it receives.

7.5You can export your profile, assessments and recorded outcomes from the service at any time in a machine-readable format.

7.6After your subscription ends we keep your data for 30 days so you can export it or reactivate, and then delete it. Whenever your data is deleted, it leaves our live systems immediately and leaves our backups within 90 days, as the backups rotate. Backups are held in Australia and used only to recover the service after a disaster. Some records may be kept longer where the law requires, for example tax records of your payments.

7.7We may keep and use statistics that are derived from usage across the service and that do not identify you, your users or your organisation, for example how often notices in a category are pursued. We will not publish anything that could reasonably be used to identify your organisation's bidding activity.

8. Source data and third-party content

8.1Procurement notices and award data in the service are drawn from public procurement portals and open data sets under the terms those sources publish. Each notice shows its source. Tender documents are linked to the source portal and are not copied into the service.

8.2We do not control those sources. Notices may be late, incomplete, withdrawn or changed by the publishing agency after we collect them, and a source may change its terms or stop publishing. We do not warrant that the service shows every relevant opportunity or that any notice is current or accurate.

8.3You must comply with the terms of any source portal you visit through a link in the service, and you must not use the service to redistribute or republish notice data in bulk.

9. Acceptable use

9.1You may use the service only for the purpose of assessing procurement opportunities for your own organisation or, on an Agency plan, for the clients you manage.

9.2You must not, and must not allow anyone else to, resell or provide the service to third parties other than as an Agency plan allows; copy, scrape or extract data from the service in bulk or by automated means other than the export function; reverse engineer, decompile or attempt to derive the models, prompts or scoring logic used by the service; interfere with the service, its security or other customers' use of it; use the service to store or transmit unlawful, infringing or malicious material; or use the service in breach of any law, including procurement rules and probity requirements that apply to you.

9.3We may set fair use limits on things like the number of profiles and assessments for each plan, and will publish them on the pricing page.

10. Agency plans

10.1An Agency plan lets you maintain separate profiles for client organisations you act for, and to receive digests and record outcomes on their behalf.

10.2You confirm that each client has authorised you to use their information in the service, and you are responsible to that client, and to us, for that use as if it were your own data.

10.3If a client asks us directly to delete their information we will act on that request and tell you.

11. Integrations

11.1The service can connect to third-party systems you authorise, such as a CRM. Those systems are governed by their own terms and privacy policies. We pass them only the fields needed for the integration you have configured, and you can disconnect an integration at any time.

11.2We are not responsible for a third-party system, for changes it makes to its API, or for what it does with data once received.

12. Availability, support and changes

12.1We aim to keep the service available at all times but we do not guarantee uninterrupted or error-free operation. We may take the service down for maintenance, and will give reasonable notice for planned maintenance that we expect to last more than 30 minutes.

12.2Support is by email at the contact form during Western Australian business hours. Response targets for each plan are shown on the pricing page.

12.3If the service is unavailable to you for more than 24 consecutive hours because of a fault on our side, you may ask for a credit of the fees for the affected days, and if it happens in two consecutive months you may cancel under clause 6.4.

13. Intellectual property

13.1We own the service, including its software, models, scoring methods, designs and documentation, and all improvements to them. Nothing in these terms transfers any of that to you. You have a non-exclusive, non-transferable right to use the service for your organisation during your subscription.

13.2Scores, verdicts and reasons generated for you are part of the service output. You may use them internally and share them within your organisation and, on an Agency plan, with the client they relate to. You may not publish them or present them as independent advice.

13.3If you give us feedback or suggestions, we may use them without obligation to you.

13.4Worthabid and the Worthabid logo are trade marks of Tavrik Holdings Pty Ltd used under licence. You may not use them without written permission.

14. Confidentiality

14.1Each of us will keep the other's confidential information confidential, use it only for the purposes of these terms, and protect it with at least reasonable care. Your profile and recorded outcomes are your confidential information. Our pricing that is not public, our scoring methods and our security details are ours.

14.2This does not apply to information that is public through no fault of the recipient, that the recipient already had, or that the recipient must disclose by law, in which case it will tell the other party where lawful.

15. Privacy

15.1We handle personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy at https://www.worthabid.com.au/privacy, which forms part of these terms.

15.2Personal information in the service is mostly about your users and, on an Agency plan, your clients' staff. You are responsible for telling those people that their details will be held in the service, and for the lawfulness of giving them to us.

16. Warranties, consumer guarantees and liability

16.1Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded. Where a guarantee applies and can lawfully be limited, our liability for breach of it is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

16.2Apart from those guarantees and what these terms expressly say, the service is provided as is. We do not warrant that the service will meet your requirements, that scores or odds will be accurate, or that using the service will lead to any tender being won or any wasted effort avoided.

16.3To the extent the law allows, neither party is liable to the other for loss of profit, revenue, business, contracts or goodwill, or for indirect or consequential loss, however arising. For clarity, the cost of preparing a tender response, and the value of a contract not won, are losses of this kind.

16.4To the extent the law allows, our total liability to you under or in connection with these terms, whether in contract, tort, statute or otherwise, is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

16.5The limits in clauses 16.3 and 16.4 do not apply to a party's liability for breach of clause 14, for infringement of the other party's intellectual property, or for fraud, wilful misconduct, or death or personal injury caused by its negligence.

16.6Each party must take reasonable steps to mitigate any loss.

17. Indemnity

17.1You indemnify us against any third-party claim, and the reasonable costs of dealing with it, that arises from your data infringing a third party's rights, or from your or your users' use of the service in breach of law or of clause 9. We will notify you promptly of any such claim, let you control the defence where you wish to, and give reasonable assistance at your cost.

18. Changes to these terms

18.1We may update these terms. We will give you at least 30 days' notice by email and by a notice in the service before a change takes effect, unless the change is required by law or only corrects an error, in which case we will give as much notice as we reasonably can.

18.2If a change materially reduces your rights or increases your obligations, you may cancel under clause 6.4 before it takes effect. Continuing to use the service after the effective date means you accept the change.

19. General

19.1Governing law. These terms are governed by the law of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and courts that hear appeals from them.

19.2Disputes. Before starting any court proceedings, other than for urgent relief, a party must give the other written notice of the dispute and the parties must try in good faith to resolve it within 30 days.

19.3Notices. We will send notices to the account owner's email address. You may send notices to the contact form. A notice is taken to be received on the next business day in Perth after it is sent.

19.4Assignment. You may not assign or transfer these terms without our written consent, which we will not unreasonably withhold. We may assign them to a related body corporate or to a buyer of the Worthabid business, and will notify you if we do.

19.5Force majeure. Neither party is liable for delay or failure caused by events outside its reasonable control, other than an obligation to pay money, provided it tells the other party and takes reasonable steps to resume.

19.6Relationship. Nothing in these terms creates a partnership, agency or employment relationship.

19.7Entire agreement. These terms, the pricing page, and the privacy policy are the whole agreement between us about the service and replace any earlier discussions or representations. Any purchase order or other document you issue is for your administrative convenience only and does not vary these terms.

19.8Severability. If any part of these terms is unenforceable, it is to be read down as far as needed to make it enforceable, and if that is not possible it is severed without affecting the rest.

19.9Waiver. A failure or delay in exercising a right is not a waiver of it.

20. Contact

Tavrik Pty Ltd, trading as Worthabid, ABN 35 700 515 457 the contact form