Terms of Service

Last Updated: April 30, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and LocalVendor Pty Ltd ("LocalVendor," "we," "our," or "us") governing your access to and use of the LocalVendor platform, website, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Account Registration

To use certain features of the Service, you must register for an account. When you register, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.

You agree to immediately notify LocalVendor of any unauthorized use of your account. LocalVendor reserves the right to close your account at any time for any or no reason.

3. User Representations and Obligations

By using the Service, you represent and warrant that:

  • You have the legal capacity to enter into these Terms and use the Service under Australian law.
  • You are at least 18 years old.
  • You will use the Service in compliance with these Terms and all applicable laws and regulations.
  • All information provided during registration and use of the Service is true, accurate, current, and complete.
  • If you represent a company, you have the authority to bind that company to these Terms.
  • You have a valid Australian Business Number (ABN) if representing a business entity.
  • All insurance details, certifications, and compliance documents you provide are current and valid.

You further agree to:

  • Maintain the security and confidentiality of your account credentials.
  • Notify us immediately of any unauthorized use of your account or any other breach of security.
  • Keep your company information, contact details, and compliance documentation up to date.
  • Use the Service for legitimate business purposes related to construction procurement.
  • Comply with all relevant industry codes, regulations, and standards in your use of the Service.
  • Respect the intellectual property rights of LocalVendor and other users of the Service.
  • Interact with other users in a professional and respectful manner.
  • Respect the privacy of other users and not engage in any activity that could constitute doxxing or invasion of privacy.
  • Comply with security of payment laws applicable to construction contractors in your state or territory.
  • Fulfill taxable payments reporting requirements if you operate in the construction industry.

You are protected from serious invasions of privacy under Australian privacy law, including the statutory tort introduced by the Privacy and Other Legislation Amendment Act 2024. This means you have legal recourse if another user intrusively accesses your private activities or misuses your personal information on our platform.

4. Service Description

LocalVendor is a B2B platform that connects principal contractors with local subcontractors for construction projects across Australia. The Service enables real-time tendering, document management, and bid comparison.

LocalVendor does not guarantee the quality, safety, or legality of projects, tenders, bids, or services offered by users of the Service. Users are solely responsible for verifying the credentials, qualifications, and reliability of other users they interact with.

5. User Content

Users may post content including tender details, bid information, project specifications, documents, and messages ("User Content"). You retain all rights in your User Content, but grant LocalVendor a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of providing and promoting the Service.

You are solely responsible for your User Content and represent that you have all necessary rights to grant the above license. You agree not to post User Content that:

  • Is false, fraudulent, misleading, or deceptive
  • Infringes any intellectual property or other rights of any third party
  • Violates any law, regulation, or contractual obligation
  • Contains viruses, malware, or other harmful code
  • Is defamatory, obscene, harassing, or otherwise objectionable
  • Discloses personal information of another user without their consent (doxxing)

LocalVendor reserves the right to remove any User Content at its sole discretion.

6. Fees and Payment

Some aspects of the Service may be offered for free, while others may require payment. The applicable fees will be disclosed to you before you use the paid features. All fees are in Australian dollars and are non-refundable unless otherwise specified.

By providing payment information, you represent that you are authorized to use the payment method and authorize LocalVendor to charge your payment method for the total amount of your subscription or purchase including taxes and any other fees indicated.

7. Limitation of Liability

To the maximum extent permitted by law, in no event shall LocalVendor, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service; and
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for accessing our Service during the 12 months preceding your claim.

8. Disclaimer of Warranties and Australian Consumer Law

To the extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free.

If you are acquiring goods or services from us as a consumer within the meaning of the Australian Consumer Law, then despite any other provision of these Terms:

  • The Australian Consumer Law provides you with guarantees that cannot be excluded ("Consumer Guarantees"). These Terms do not exclude, restrict, or modify any of those Consumer Guarantees.
  • Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
  • If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

The Australian Consumer Law includes enhanced penalties and enforcement mechanisms as of 2025. Our compliance with these enhanced protections includes:

  • Clear and transparent disclosure of all fees and charges
  • Honest and accurate representations about our services
  • Fair contract terms free from unfair contract terms as defined by law
  • Recognition of strengthened consumer guarantees
  • Adherence to updated unfair practice provisions

We acknowledge that penalties for breaches of consumer law have significantly increased, with companies potentially facing penalties up to the greater of:

  • $50 million
  • Three times the value of the benefit obtained from the conduct
  • 30% of adjusted turnover during the breach period

Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under the Australian Consumer Law or other legislation which may not be excluded, restricted or modified by agreement.

9. Indemnification

You agree to defend, indemnify, and hold harmless LocalVendor, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles. You agree that any dispute arising from or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts in Queensland, Australia.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service with a new "Last Updated" date. Your continued use of the Service after the changes have been posted constitutes your acceptance of the modified Terms.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

13. Construction Industry Specific Terms

As a platform serving the construction industry, we require users to comply with specific obligations relating to construction businesses in Australia:

  • Security of Payment Laws: Users must comply with the security of payment laws that apply to construction contractors in their state or territory. These laws provide a framework for ensuring timely payment for construction work.
  • Taxable Payments Reporting: Construction businesses using our platform must comply with the ATO's Taxable Payments Reporting System, which requires reporting of payments made to contractors for construction services.
  • Licensing Requirements: Users must possess and maintain all required licenses, permits, and certifications for performing construction work in their jurisdiction.
  • Work Health and Safety: Users must comply with all applicable work health and safety laws and regulations, including those related to the use of construction materials and equipment.
  • Insurance Requirements: Users representing construction businesses must maintain appropriate insurance coverage, including public liability insurance, professional indemnity insurance, and any other insurance required by law or industry standards.
  • ABN Verification: All business users must have a valid Australian Business Number (ABN) which will be verified through our platform.

14. Contact Information

If you have any questions about these Terms, please contact us at:

LocalVendor Pty Ltd
Email: [email protected]
Address: Brisbane, QLD, Australia