Legal
Effective Date: 1 July 2026 · Last Updated: 13 July 2026
These Website Terms of Use (“Terms”) govern access to and use of the website located at procurehq.com.au, including all associated pages, sub-domains, and content (the “Website”), made available by ProcureHQ Pty Ltd (ABN 34 692 155 481) (“ProcureHQ”, “Company”, “we”, “us”, or “our”). These Terms apply to every person who accesses or browses the Website (“you” or “your”), whether or not you become a registered Customer of the Platform.
Where you register an Organisation and use the ProcureHQ Tender Evaluator platform (the “Platform”), your use of the Platform is additionally governed by our Digital Product Terms (the SaaS subscription agreement between ProcureHQ and the Customer) and our Privacy Policy, each of which is incorporated into these Terms by reference and available at procurehq.com.au. If there is any inconsistency between these Terms and the Digital Product Terms as they relate to use of the Platform, the Digital Product Terms prevail to the extent of the inconsistency.
1.1 In these Terms, unless the context otherwise requires, the following definitions apply.
1.1.1 “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including all regulations and amendments made under it from time to time.
1.1.2 “AI-Assisted Evaluation” means an evaluation, score, report, indicator, summary, or other output generated wholly or partly by artificial intelligence or large language models made available through the Platform, including outputs generated by the Decision Signal Engine.
1.1.3 “Applicable Law” means all laws, regulations, codes, standards, and orders applicable to a party or to access to or use of the Website or Platform, including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the ACL, and the Copyright Act 1968 (Cth), as amended from time to time.
1.1.4 “Business Day” means a day (other than a Saturday, Sunday, or gazetted public holiday) on which banks are open for ordinary business in New South Wales, Australia.
1.1.5 “Company IP” means all Intellectual Property Rights owned or licensed by the Company, including the Website, all Website Content, the Platform, the Decision Signal Engine and all other Evaluation Intelligence, software and architecture, templates, and prompts, and all derivative works of any of the foregoing.
1.1.6 “Customer” means the Organisation on whose behalf a registered user creates an account and subscribes to the Platform in accordance with the Digital Product Terms.
1.1.7 “Decision Signal Engine” means ProcureHQ’s proprietary, server-side scoring and evaluation methodology, including its reasoning framework, weighting logic, prompt architecture, benchmark methodology, and report generation logic, used to generate AI-Assisted Evaluations.
1.1.8 “Digital Product Terms” means ProcureHQ’s Digital Product Terms (SaaS Subscription Agreement), as published on the Website from time to time, which governs paid and free subscriptions to the Platform.
1.1.9 “Evaluation Intelligence” means collectively, the Decision Signal Engine, Evaluation Output methodology, scoring methodology, reasoning framework, weighting logic, prompt architecture, benchmark methodology, and report generation logic developed and owned by the Company.
1.1.10 “Intellectual Property Rights” means all present and future rights in respect of copyright, trade marks, service marks, designs, patents, trade secrets, confidential know-how, and all other intellectual or industrial property rights of any kind, whether registered or unregistered, in any jurisdiction.
1.1.11 “Organisation” means the business entity registered by a user on sign-up, which holds the Subscription and is the Customer under the Digital Product Terms.
1.1.12 “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth).
1.1.13 “Platform” means the ProcureHQ online SaaS Procurement Evaluation Intelligence Platform (ProcureHQ Tender Evaluator) through which the Company makes available the Tender Evaluator, the Tender Intelligence Framework, the High-Scoring Templates Library, Organisation Benchmarking, Personalised Live Opportunities, AI-Assisted Evaluations, and related features from time to time.
1.1.14 “Privacy Act” means the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
1.1.15 “Privacy Policy” means the Company’s Privacy Policy as published on the Website from time to time, incorporated into these Terms by reference.
1.1.16 “Tender” means a formal competitive procurement process conducted by a government agency, authority, or private entity seeking proposals or responses from organisations, including any Request for Tender, Request for Proposal, Expression of Interest, or similar procurement instrument.
1.1.17 “Tender Data” means all Request for Tender documentation, draft or final submission content, and related materials uploaded by a Customer to the Platform for the purpose of obtaining an AI-Assisted Evaluation.
1.1.18 “Website” means the website located at procurehq.com.au and all associated pages, sub-domains, and content, excluding the signed-in Platform environment.
1.1.19 “Website Content” means all text, graphics, logos, images, sample reports, illustrative scores, video, software, and other material made available on the Website by or on behalf of the Company.
1.2 In these Terms, unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) a reference to a party includes that party’s successors and permitted assigns; (c) headings are for convenience only and do not affect interpretation; and (d) “including” and similar expressions are not words of limitation.
2.1 By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
2.2 If you register an Organisation and create an account to access the Platform, you additionally agree to the Digital Product Terms on behalf of that Organisation, and you represent and warrant that you are authorised to bind the Organisation to those terms.
2.3 You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Website or the Platform. The Platform is intended for business use by Australian contractors and bid teams and is not directed at consumers or individuals acting in a personal capacity.
3.1 The Company grants you a limited, non-exclusive, revocable licence to access and browse the Website for your own personal or internal business informational purposes, subject to these Terms.
3.2 The Company does not warrant that the Website will be available at all times, uninterrupted, or free from errors, defects, or security vulnerabilities. The Company may suspend, withdraw, or restrict access to all or part of the Website without notice, including for maintenance, security, or legal reasons.
3.3 You are responsible for ensuring that all persons who access the Website through your internet connection or device are aware of these Terms and comply with them.
4.1 To access the Platform, a user must register and create an account, which automatically creates a user profile, a role assignment, and an Organisation owned by that user. Currently, each Organisation supports a single user; multi-user team access is planned as a future feature and will be governed by these Terms and the Digital Product Terms as and when released.
4.2 Accounts may be created using an email address and password, or via Google OAuth sign-in. You must keep your account credentials confidential and are responsible for all activity that occurs under your account.
4.3 You must notify the Company promptly at security@procurehq.com.au if you become aware of any unauthorised use of your account or any other breach of security.
4.4 The Company may suspend or terminate an account in accordance with Clause 12 and the equivalent provisions of the Digital Product Terms.
5.1 All Company IP is and remains the property of the Company or its licensors. Nothing in these Terms transfers any Intellectual Property Rights in the Website, the Platform, or the Evaluation Intelligence to you.
5.2 You must not, and must not permit any third party to: (a) copy, reproduce, republish, frame, or create derivative works from any Website Content except as necessary for normal browsing; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of the Website, the Platform, or the Decision Signal Engine; (c) use any automated means, including bots, scrapers, or crawlers, to access, index, or extract data from the Website other than search engine crawlers compliant with our robots.txt; or (d) remove, obscure, or alter any proprietary notice on the Website Content.
5.3 Any trade marks, logos, and brand features displayed on the Website are owned by the Company or third-party licensors and may not be used without prior written consent.
6.1 The Website describes the Platform, the Single Evaluation one-off evaluation product, and the Free, Professional, and Premium Subscription tiers made available by the Company. Full commercial terms, pricing, and plan inclusions applicable to your use of the Platform are set out in the Digital Product Terms, which prevail over any description on the Website to the extent of any inconsistency.
6.2 Plan features, pricing, and inclusions displayed on the Website are subject to change. The Company will take reasonable steps to keep pricing and plan information current, but the version of the Digital Product Terms in effect at the time of your Subscription governs your rights.
6.3 Promotional offers displayed on the Website, including the Founding Member discount (a lifetime discount of 30% on the Professional Plan and 35% on the Premium Plan, available to the first 100 paying Organisations, applied via Stripe promotional coupon), are subject to their stated eligibility conditions, are not transferable between Organisations, and cease to be available once the applicable cap is reached.
7.1 The Company takes reasonable care in preparing Website Content but does not warrant that it is complete, accurate, or up to date. Website Content is provided for general informational purposes only and does not constitute professional, legal, procurement, or probity advice.
7.2 Any sample evaluation reports, illustrative scores, screenshots, or case studies displayed on the Website are illustrative only. They do not represent, and must not be relied upon as, an indication of the score, ranking, or outcome that any particular Tender submission is likely to achieve, whether on the Platform or in an actual procurement process.
7.3 The Company is not a probity advisor, government procurement panel, legal advisor, or licensed consultant, and nothing on the Website should be construed as such.
8.1 The Platform provides AI-Assisted Evaluations generated using large language models and the Company’s proprietary Decision Signal Engine. These evaluations simulate how a Tender submission may perform against published evaluation criteria; they are not, and must not be treated as, an official, binding, or guaranteed assessment.
8.2 AI-Assisted Evaluations are generated deterministically (temperature zero, seeded) for consistency, but remain an estimate. The Company does not warrant that any AI-Assisted Evaluation will reflect the score, ranking, or decision that would be reached by an actual evaluation panel or procuring entity.
8.3 AI-Assisted Evaluations are decision-support tools only. You remain solely responsible for reviewing and validating all outputs, for the final content of your tender submissions, and for your own procurement decisions. The Company does not guarantee tender success, contract award, or any evaluation outcome. Further disclaimers applicable to Platform use are set out in the Digital Product Terms.
9.1 In connection with the Website or the Platform, you must not:
9.1.1 engage in conduct that is unlawful, fraudulent, misleading, or deceptive;
9.1.2 upload, transmit, or attempt to upload any content that infringes the Intellectual Property Rights or confidentiality obligations of a third party;
9.1.3 attempt to gain unauthorised access to the Website, the Platform, or any related systems, accounts, or data;
9.1.4 interfere with or disrupt the operation of the Website or the Platform, including via denial-of-service attacks, malware, or excessive automated requests;
9.1.5 use the Website or Platform to build, train, or improve a competing product or service, including by systematic scraping, querying, or statistical analysis of Website Content or Evaluation Output for that purpose;
9.1.6 circumvent, or attempt to circumvent, any technical measure used by the Company to enforce plan limits, including the per-tender fingerprinting and locking mechanism described in the Digital Product Terms; or
9.1.7 use the Platform to defraud, mislead, or gain unfair advantage over a procuring agency, including by submitting fabricated, altered, or misrepresented documents for evaluation.
10.1 The Company collects, uses, holds, and discloses personal information in accordance with the Privacy Policy, which forms part of these Terms.
10.2 By using the Website or the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
11.1 The Company implements technical and organisational measures designed to protect information transmitted through or stored in connection with the Website and the Platform, including transport layer encryption (TLS) for data in transit, encryption at rest, database-level row-level security scoped to each Organisation, and restricted service-role credentials. Further detail about the Company’s current security controls is published on the Security & Trust page on the Website, which is provided for information only and does not form part of these Terms.
11.2 No method of transmission or storage is completely secure. The Company cannot guarantee absolute security and is not liable for unauthorised access resulting from circumstances beyond its reasonable control, subject to the ACL and Applicable Law.
12.1 The Company may suspend or terminate your access to the Website or the Platform, without notice where reasonably necessary, if you breach these Terms, engage in prohibited conduct under Clause 9, pose a security risk, or where required by Applicable Law.
12.2 Termination or suspension of Platform access is otherwise governed by the Digital Product Terms.
12.3 Clauses 5 (Intellectual Property), 10 (Privacy and Data), 13 (Limitation of Liability), 17 (Indemnity), and 18 (Governing Law and Dispute Resolution) survive termination of your access to the Website.
13.1 Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the ACL or other Applicable Law that cannot lawfully be excluded, restricted, or modified.
13.2 To the maximum extent permitted by law, the Website and Website Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including as to accuracy, completeness, merchantability, or fitness for a particular purpose.
13.3 To the maximum extent permitted by law, the Company excludes all liability for any indirect, consequential, or special loss or damage, including loss of profits, loss of business opportunity, or loss of a tender or contract award, arising out of or in connection with your access to or use of the Website.
13.4 Where the Company’s liability cannot be excluded but may be limited, the Company’s liability is limited, at the Company’s option, to resupplying the relevant service or paying the cost of having the service resupplied.
14.1 The Company is not liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including natural disasters, internet or telecommunications outages, cloud infrastructure or subprocessor outages, industrial action, or governmental action.
15.1 The Website may contain links to third-party websites, including subprocessor and payment provider sites. These links are provided for convenience only. The Company does not endorse and is not responsible for the content, accuracy, or practices of any third-party website.
16.1 Where you provide your contact details through a form on the Website, including a contact or waitlist form, the Company may use those details to respond to your enquiry and, where you have consented or as otherwise permitted under the Spam Act 2003 (Cth), to send you marketing communications.
16.2 You may opt out of marketing communications at any time using the unsubscribe mechanism provided in each communication or by contacting support@procurehq.com.au.
17.1 You indemnify and hold harmless the Company and its directors, officers, employees, contractors, and agents from and against any loss, liability, cost, or expense (including reasonable legal costs) arising from or in connection with your breach of these Terms or your unlawful or unauthorised use of the Website.
17.2 This indemnity does not apply to the extent the relevant loss or liability is caused by the gross negligence, fraud, or wilful misconduct of the Company.
18.1 These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
18.2 Before commencing court proceedings (other than for urgent injunctive relief), a party must first attempt to resolve any dispute by written notice to the other party’s contact details in Clause 21, followed by good-faith negotiation for a period of not less than twenty (20) Business Days.
19.1 The Company may update these Terms at any time to reflect changes to the Website, its legal obligations, or regulatory requirements. Updated Terms take effect when published on the Website. Your continued use of the Website after publication constitutes acceptance of the updated Terms.
19.2 Where a change is material and affects registered Customers, the Company will use reasonable endeavours to notify affected Customers by email in addition to publishing the update on the Website.
20.1 Entire Agreement. These Terms, together with the Digital Product Terms and the Privacy Policy (to the extent applicable to you), constitute the entire agreement between you and the Company in relation to the Website and supersede all prior discussions and representations on that subject matter.
20.2 Severability. If any provision of these Terms is found invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in full force and effect.
20.3 Waiver. A failure or delay by the Company in exercising any right under these Terms does not constitute a waiver of that right.
20.4 Assignment. The Company may assign these Terms to a successor entity, related body corporate, or acquirer of all or substantially all of its business, on written notice. You must not assign your rights under these Terms without the Company’s prior written consent.
20.5 No Partnership. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the Company.
21.1 For all enquiries relating to these Terms, please contact:
Organisation: ProcureHQ Pty Ltd (ABN 34 692 155 481)
Email: support@procurehq.com.au
Registered Address: 117 Old Pittwater Road, Brookvale NSW 2100, Australia
Website: procurehq.com.au