1. Acceptance of Terms
By accessing or using eduprocure.com.au (the “Platform”), you (“User”, “School User”, or “Supplier”) agree to be legally bound by these Terms of Service (“Terms”). If you are accessing the Platform on behalf of an entity (such as a Victorian Government School Council, Department of Education entity, or commercial business), you warrant that you have full legal authority to bind that entity to these Terms.
2. Nature of the Platform
2.1 Facilitation Only: EduProcure operates an online scoping and procurement facilitation platform designed to assist Victorian schools with scoping projects, issuing Requests for Quote (RFQs), and receiving quotes from third-party commercial suppliers (“Suppliers”).
2.2 No Agency or Partnership: EduProcure acts solely as an independent online introductory directory and scoping tool. EduProcure is not an agent, broker, partner, joint venturer, or employer of any User, School, or Supplier.
2.3 No Privity of Contract: EduProcure is not a party to any contract, transaction, or agreement formed between a School (or School Council) and a Supplier. Any contract entered into—including standard Department of Education (DE) Short Form Contracts or Simple Works Contracts—is strictly between the relevant School Council and the Supplier.
3. School and Supplier Obligations
3.1 School Responsibilities:
- School Users are solely responsible for ensuring that all procurement activities comply with the Victorian Department of Education’s Policy and Advisory Library (PAL), Victorian School Building Authority (VSBA) guidelines, Financial Management Act 1994 (Vic), and any relevant State Purchase Contracts (SPCs).
- Schools bear sole responsibility for vetting, verifying, and assessing all Suppliers prior to appointment. This includes, without limitation: verifying Working with Children Checks (WWCC), Victorian builder registrations/licenses, public liability and WorkCover insurance policies, and occupational health and safety (OHS) management plans.
- Schools must not upload any student, minor, or personal health records to the Platform.
3.2 Supplier Responsibilities:
- Suppliers warrant that all business credentials, quotes, pricing, availability, and certifications uploaded to the Platform are accurate, up to date, and complete.
- Suppliers agree to comply with all relevant Victorian laws, building codes, and school-specific site access guidelines (e.g., child-safe standards and Clause 16 zero-deposit provisions where mandated by DE guidelines).
4. Fees and Payment
4.1 Schools: Use of the Platform is free of charge for Victorian public schools.
4.2 Suppliers: The Platform is currently provided free of charge during its pilot phase. EduProcure reserves the right to introduce fees, subscription plans, or paid listing features for Suppliers in the future. Any future Supplier fees will be subject to reasonable advance notice and explicit acceptance before charges apply.
5. Disclaimer of Warranties
5.1 “As Is” Provision: To the maximum extent permitted by law, the Platform, its scoping tools, and any advisory materials are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
5.2 No Guarantee of Quotes or Performance: EduProcure does not warrant or guarantee:
- The accuracy, completeness, or suitability of any Supplier quote, scope of work, or advisory guideline;
- That any School will award a contract or proceed with a listed project;
- The quality, safety, legality, licensing, solvency, or workmanship of any Supplier;
- That the Platform will operate uninterrupted or error-free.
6. Limitation of Liability
6.1 Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) (including Schedule 2, the Australian Consumer Law) that cannot be excluded by agreement.
6.2 Exclusion of Consequential Loss: To the fullest extent permitted by law, EduProcure shall not be liable to any User for indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of revenue, loss of business opportunities, project delays, property damage, or personal injury arising out of or in connection with the Platform or any arrangement between a School and a Supplier.
6.3 Aggregate Liability Cap: Where liability cannot be excluded by law, our total aggregate liability arising out of or in connection with the Platform is strictly limited to the greater of: (a) AU$100.00; or (b) the total fees paid by you to EduProcure in the twelve (12) months preceding the claim.
7. Intellectual Property & User Content
7.1 Platform IP: All intellectual property rights in the Platform, including software, code, logos, user interfaces, branding, and text, are owned by or licensed to TripSeeDo Pty Ltd.
7.2 User Submissions: Users grant EduProcure a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and process uploaded project descriptions, specifications, and quotes solely for the purpose of facilitating the procurement process and operating the Platform.
8. Suspension and Termination
We reserve the right to suspend or terminate any User’s account or access to the Platform immediately without notice if we reasonably believe there has been a breach of these Terms, misrepresentation of supplier credentials, misuse of school access, or violation of applicable laws.
9. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws in force in the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.