These terms govern your use of Gromex's products (Track, Tender and related services). By creating an account or using our services, you agree to these terms.
1. Your account
You're responsible for the accuracy of the information you provide and for keeping your password secure. Don't share your account. Tell us promptly at support@gromex.com.au if you suspect unauthorised use.
2. The service
We grant you a non-exclusive, non-transferable right to use the service during your subscription. We don't transfer ownership of the software or any intellectual property, that stays with us and our licensors.
You agree not to:
- reverse-engineer the platform,
- resell access without our permission,
- upload content you don't have the right to share, or
- use the service to break the law or another person's rights.
3. Your content
You keep ownership of the content you upload. You grant us the rights necessary to host, display and process it so we can provide the service to you and the people you share it with. We will only use your content to operate the service and to comply with the law.
4. Subscriptions, trials and payment
Track
- New customers get a 90-day free trial of Track. No credit card required.
- Paid plans are billed monthly in advance. Prices are set out at signup and on our website.
- Charges are made via Stripe. If a payment fails, we'll let you know; we may suspend or downgrade access if it isn't resolved.
- Cancel any time, you'll keep access until the end of the period you've paid for.
Tender
Hosts pay per tender. Tender has no subscription or free trial. Fees include GST and are based on the value the host expects the tender to be awarded at, excluding GST.
We may change Tender prices with reasonable notice. We'll show the applicable fee before publication. Payments are processed by a third-party payment provider. The company card is checked when added, without a charge. When publishing or scheduling, the host chooses the bracket and agrees to the charge. We charge the fee when the tender is published or, if the host schedules it to publish later, when they schedule it. If the charge is declined or fails, the tender isn't published or scheduled, and publishing is paused for the company until the payment issue is resolved.
Final fee adjustment. When the host completes a tender, we check the fee against the awarded tenderer's total excluding GST. If nothing is awarded, we use the median of the submitted responses excluding GST. If that value falls in a higher bracket, we charge the difference to the company card. If an awarded tender falls in a lower bracket, we refund the difference only once Gromex approves it. Gromex may approve or decline a refund, subject to your rights under the Australian Consumer Law. Where nothing is awarded, the fee can only increase, never decrease.
Inactive tenders. If a tender has no activity by the host, any tenderer or any assessor for 60 days, we email a warning to the company admins. If it stays inactive for a further 14 days and hasn't been completed, we automatically complete it. The final fee is the higher of the initial fee or the bracket fee based on the median of the submitted responses excluding GST. We charge any difference to the company card. Tenderers aren't notified of this automatic completion.
By publishing or scheduling a tender, the host authorises the initial fee and any further charges under the Final fee adjustment or the inactivity rules above. There is no refund when a published tender is taken back to draft or a scheduled publication is cancelled, subject to your rights under the Australian Consumer Law. A paid tender must be completed before it can be archived. We provide a tax invoice for every charge and an adjustment note for every refund.
5. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee that applies to you under the Australian Consumer Law where to do so would be unlawful. To the extent permitted, our liability for breach of a non-major consumer guarantee in respect of services is limited, at our option, to re-supplying the service or paying the cost of having the service re-supplied.
6. Limitation of liability
To the extent permitted by law, our total aggregate liability to you for any claim arising out of or in connection with the service is limited to the fees you've paid us in the 12 months immediately preceding the claim. We're not liable for indirect, consequential or special loss, including loss of profits, revenue, data or business opportunities.
7. Suspension and termination
We can suspend or terminate your access if you breach these terms, fail to pay, or use the service in a way that risks harm to others or to us. You can close your account at any time from settings or by emailing support@gromex.com.au.
When the account ends, you can export your data for 30 days; after that we may delete it.
8. Privacy
Our Privacy Policy explains how we handle your personal information.
9. Changes to these terms
We may update these terms occasionally. If a change is material we'll notify you in-app or by email. Continued use after the change means you accept the new terms.
10. Governing law
These terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction for any dispute.
Email: support@gromex.com.au