CPX-LGL-001
Connect ProjeX Platform Terms of Use
Read this first
This summary is here to help you understand the agreement. It is not part of it — the clauses below are what apply.
- We connect businesses. We are not part of your job. Connect ProjeX is where work packages are advertised, suppliers are found, quotes are submitted and what you agree is recorded. The contract for the work itself is between you and the other business — we are not a party to it, and we never hold your money.
- Posting and awarding work is free. Suppliers on a free account can submit three applications a month and pay a fee only when they win work advertised here. Pro is $99 a month plus GST — unlimited applications and no win fee.
- You must record awards on the platform, honestly and promptly. That record is what generates the purchase order — and what the win fee is calculated on.
- We do not vet anyone for you. Licences, insurances, certificates, capability and financial standing are shown as the account holder provided them. Doing your own checks is your responsibility, every time.
- You are responsible for your own work and your own compliance — licensing, insurance, work health and safety, security of payment, and the terms of your contract with the other party.
- Your rights under the Australian Consumer Law are not affected by anything in this agreement. Everything else is governed by the law of Victoria.
1. About these terms
1.1Connect ProjeX is operated by Connect ProjeX Pty Ltd (ABN 77 677 628 394) (we, us, our, Connect ProjeX). These Platform Terms of Use (Terms) set out the agreement between us and the business that holds a Connect ProjeX account (you, your).
1.2You accept these Terms when you create an account, accept them at sign-up, or use the Platform. If you do not accept them, do not use the Platform.
1.3The agreement between us (Agreement) consists of these Terms, the Acceptable Use Policy (CPX-LGL-002), the Privacy Policy (CPX-LGL-004), the plan and pricing information presented to you at sign-up or on our pricing page, and any written variation we agree with you. If those documents conflict, they take precedence in the following order: a written variation signed by us; the plan and pricing information you accepted at sign-up (as to plan, inclusions and Fees); these Terms; the Acceptable Use Policy; other material.
1.4If you accept these Terms on behalf of a business, you warrant that you are authorised to bind that business, and the Agreement binds it.
1.5The Platform is provided for business use. Nothing in the Agreement excludes, restricts or modifies any right or guarantee you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law set out in Schedule 2 to that Act (ACL), that cannot lawfully be excluded, restricted or modified.
1.6Headings and the "Read this first" summary are for convenience only and do not affect interpretation.
2. Definitions
In this Agreement:
| Account | the account you hold on the Platform, including all Team Member access under it. |
| Account Owner | the business in whose name the Account is registered. |
| Advertiser | an account holder posting or awarding a Work Package. |
| Application | a submission by a Supplier in response to a Work Package, including any price, scope, program or documents submitted with it. |
| Award | the acceptance by an Advertiser of a Supplier's Application (whether recorded on the Platform or not), and Awarded has a corresponding meaning. |
| Content | anything you upload, submit, post or generate through the Platform, including profile information, Work Packages, Applications, prices, messages, RFIs, documents, images and ratings. |
| Fees | the Subscription Fee and the Win Fee, and any other amount payable under clause 9. |
| Hold Point | a milestone or checkpoint recorded against an Awarded Work Package. |
| Personal Information | has the meaning given in the Privacy Act 1988 (Cth). |
| Platform | the Connect ProjeX software platform, applications, website and related services we make available to you. |
| Pro | the paid subscription plan described in clause 9. |
| Purchase Order or PO | the record generated by the Platform when a Work Package is recorded as Awarded. |
| RFI | a request for information raised through the Platform. |
| Subscription Fee | the monthly fee payable for a Pro subscription under clause 9.8. |
| Supplier | an account holder applying for, quoting on, or performing a Work Package — including trades, subcontractors, fabricators, manufacturers and suppliers of goods. |
| Team Member | an individual you give access to your Account. |
| Win Fee | the fee payable under clause 9.4 when a Supplier on a free account is Awarded a Work Package. |
| Won Price | the price at which a Work Package is Awarded, exclusive of GST. |
| Work Package | a parcel of work, supply or services advertised on the Platform. |
A reference to a party includes its successors and permitted assigns. "Including" and similar words are not words of limitation. Dollar amounts are in Australian dollars.
3. What Connect ProjeX is — and what it is not
This clause is important. It defines our role, and everything else in this Agreement is read in light of it.
3.1Connect ProjeX is an introduction and workflow platform. We provide the place where businesses advertise work, find and are found by each other, exchange information and documents, submit and receive prices, and keep a record of what they agree.
3.2We are not a party to any contract between account holders. Where a Work Package is Awarded, the resulting contract for the work is between the Advertiser and the Supplier alone. We have no rights or obligations under it.
3.3We are not, and do not act as, any of the following:
- (a)a builder, contractor, subcontractor, trade, fabricator, manufacturer or supplier of any goods or services advertised on the Platform;
- (b)an engineer, architect, building surveyor, project manager, superintendent, principal's representative or safety adviser;
- (c)an agent, broker, representative, partner or joint venturer of any account holder;
- (d)an employment or labour hire agency;
- (e)an escrow agent, payment agent, trustee or holder of funds for any transaction between account holders;
- (f)an insurer, guarantor or surety for any account holder, any work, or any payment; or
- (g)a provider of legal, financial, tax, engineering, safety or other professional advice.
3.4We do not:
- (a)hold, receive, transmit or handle any money payable between account holders for work;
- (b)guarantee that any work will be performed, performed to any standard, completed on time, or paid for;
- (c)select, endorse, approve or accredit any account holder — any ranking, matching or suggestion generated by the Platform is automated, based on the criteria described on the Platform, and is not a recommendation;
- (d)verify the accuracy, authenticity or currency of any licence, insurance, certificate, qualification, capability claim, financial statement, price or other information provided by an account holder, except where we expressly state on the Platform that a specific check has been performed and what it covers; or
- (e)supervise, direct or take responsibility for any work, workplace, or work health and safety obligation.
3.5Purchase Orders, RFIs, Hold Points, ratings, capability profiles, search results, match suggestions and any other output of the Platform are tools and records for your convenience. They are not advice, not a recommendation, and not a substitute for your own contract, your own due diligence or your own professional advisers.
3.6You are responsible for your own due diligence before dealing with any other account holder — including verifying identity, ABN, licensing, registration, insurance, competence, capacity, references and financial standing, and satisfying yourself as to the terms on which you contract.
3.7We do not guarantee any level of activity on the Platform, that any Work Package will attract Applications, that any Supplier will be Awarded work, or that any particular business or volume of opportunity will be available to you.
4. Eligibility, accounts and team members
4.1To hold an Account you must be a business carrying on an enterprise (holding a current ABN), and the individual who registers must be at least 18 years old and authorised to act for that business.
4.2You must provide true, accurate and complete information when you register, and keep your Account information current — in particular your business details, contact details, capability information, and the expiry dates of any licence, insurance or certificate you display.
4.3You are responsible for all activity under your Account, including everything done by your Team Members. Acts and omissions of your Team Members are treated as yours.
4.4You must keep login credentials secure, must not share them, and must notify us immediately at [email protected] if you suspect unauthorised access.
4.5You must remove a Team Member's access promptly when they no longer need it. We are not liable for loss arising from access you have granted or failed to remove.
4.6We may verify your identity or business details, and may refuse, suspend or close an Account where we reasonably believe the information given is false, the Account is duplicated, or the Account presents a risk to other users or to us.
5. Your right to use the Platform
5.1While your Account is active and you comply with this Agreement, we grant you a non-exclusive, non-transferable, revocable right to access and use the Platform for your own internal business purposes.
5.2You must comply with the Acceptable Use Policy (CPX-LGL-002), which forms part of this Agreement.
5.3You must not, and must not permit anyone else to:
- (a)resell, sublicense, rent or otherwise make the Platform available to a third party, or use it on behalf of a business that does not hold its own Account;
- (b)copy, scrape, harvest, index or extract data from the Platform by any automated means, or build any database, list or directory from it;
- (c)use Content, data or materials obtained from the Platform to build, market or operate a competing service, or to benchmark the Platform for a competitor;
- (d)reverse engineer, decompile or attempt to derive the source code of the Platform, except to the extent this restriction cannot lawfully be imposed;
- (e)interfere with the operation or security of the Platform, attempt to access data you are not authorised to access, or conduct any penetration or vulnerability testing without our prior written consent; or
- (f)use contact details or Content obtained through the Platform to send marketing, solicitations or approaches unrelated to a Work Package on which you are genuinely engaged.
5.4We own all intellectual property rights in the Platform. Nothing in this Agreement transfers any of those rights to you. You must not use our name, logos or branding without our written consent, except to state factually that you use Connect ProjeX.
5.5If you give us feedback or suggestions about the Platform, we may use them without restriction and without any obligation to you.
5.6We may make features available in beta, preview or early access, identified as such. Those features are provided as is, clause 20.1 does not apply to them, and we may change or withdraw them at any time.
6. Posting work packages
6.1If you post a Work Package, you are responsible for its content — scope, drawings and documents, quantities, price or budget, program, dates, site details, visibility settings and the businesses you invite.
6.2You warrant that each Work Package you post is genuine work that you have the authority to award, and that the information in it is accurate and not misleading.
6.3You must not post a Work Package for the purpose of collecting prices, market intelligence or competitor information without a genuine intention to award, and must not use Applications for any purpose other than assessing and awarding that Work Package.
6.4You are responsible for complying with all laws that apply to how you procure and contract for work, including licensing and registration requirements, work health and safety laws, security of payment legislation, subcontractor statement and reporting obligations, and the unfair contract terms regime.
6.5You may withdraw or amend a Work Package at any time before Award. If you materially change scope, price or dates after Applications have been received, you should tell the Suppliers who have applied. We are not responsible for any cost, time or loss incurred by a Supplier in preparing an Application.
6.6You decide who is Awarded work, and on what terms. You must not use the Platform to discriminate unlawfully in that decision.
7. Applying and quoting
7.1If you apply for a Work Package, you warrant that: you hold every licence, registration, accreditation and insurance required to perform it; you have the capability and capacity to perform it; and your price, scope, inclusions, exclusions and program are accurate and given in good faith.
7.2An Application is your offer to the Advertiser. Whether it becomes a binding contract, and on what terms, is a matter between you and the Advertiser. We take no responsibility for the terms you agree, or for any inconsistency between your Application and the contract you sign.
7.3Any licence, insurance certificate, quality or ISO certificate, test report, safe work method statement, capability statement or similar document you upload must be genuine, current and yours. Uploading a false, altered or expired document is a serious breach of this Agreement and we may close your Account immediately and notify affected account holders.
7.4You must keep confidential any drawings, specifications, pricing, site information or other material provided to you through a Work Package, and use it only to prepare and perform your Application. This obligation continues after your Application is unsuccessful or your Account is closed.
7.5You must hold a valid payment method on your Account before you can apply for work. See clause 9.
8. Awarding work, and recording it
Recording an Award accurately is a contractual obligation, not an optional step. It generates the Purchase Order both parties rely on, and it is how Fees are calculated.
8.1When an Advertiser Awards a Work Package, a contract is formed between the Advertiser and the Supplier on the terms they agree. We are not a party to it, and are not responsible for its performance, its terms, or any payment under it.
8.2The Purchase Order generated by the Platform is a convenience record of what was recorded on the Platform. It is not a contract we issue, and does not replace or override the contract between the parties. If a Purchase Order and the parties' own contract are inconsistent, the parties' contract prevails as between them. A Purchase Order is issued by the Advertiser through the Platform, not by us. We generate the document at the Advertiser's direction, from the information the Advertiser enters, and take no responsibility for its contents.
8.3You must record an Award on the Platform promptly and accurately, including the correct Won Price, where the Work Package was posted on the Platform and the Supplier applied for it or was invited to it through the Platform.
8.4You must not misstate the Won Price, delay or omit recording an Award, or split, restructure, re-scope or move a Work Package off the Platform, for the purpose of avoiding or reducing a Fee.
8.5You are free to deal with any business off the Platform. But where a Supplier is Awarded work that was advertised as a Work Package on the Platform and to which that Supplier applied or was invited through the Platform, the Win Fee (if any) applies to that Award whether or not it is recorded on the Platform, and we may charge it if we become aware of the Award. Conduct that breaches clause 8.4 may also result in suspension or closure of the Account under clause 18.
8.6If an Award is cancelled or the Work Package does not proceed, you should record that on the Platform. Where a Win Fee has been charged and the Award is cancelled before work commences, you may request a refund of the Win Fee within 30 days. We will deal with such requests reasonably, but outside the non-excludable guarantees in clause 20 the decision is at our discretion.
8.7A change to the scope or price of an Awarded Work Package after Award does not change a Win Fee already charged, and does not create a new Win Fee, unless the parties record it as a new Award.
8.8Where we reasonably believe an Award has not been recorded, or a Won Price has been misstated, we may ask you for the purchase order, subcontract, agreement or invoice evidencing the Award and the price. You must provide it, or confirm in writing that no Award was made, within 10 business days. We will use that information only to determine whether a Fee applies, and will keep it confidential under clause 11.
9. Plans, fees, payment and GST
Posting is free
9.1There is no charge to post a Work Package, to invite Suppliers, or to Award work.
Free accounts
9.2A free Account may submit up to three Applications per calendar month. The allowance resets at the start of each calendar month and unused Applications do not carry forward.
9.3You must have a valid payment method saved on your Account before you can submit an Application. You authorise us, and our payment processor, to charge that payment method for Fees as they fall due.
9.4Win Fee. Where a Supplier on a free Account is Awarded a Work Package that was advertised on the Platform, and that the Supplier applied for or was invited to through the Platform, a Win Fee is payable, calculated as 2% of the Won Price, with a minimum of $49 and a maximum of $499, plus GST. Where a price is quoted inclusive of GST, we calculate the GST-exclusive amount first, so the Win Fee is never charged on the tax component.
| Won Price (ex GST) | Win Fee (ex GST) | Basis |
|---|---|---|
| $1,500 | $49.00 | minimum applies |
| $12,000 | $240.00 | 2% |
| $25,000 and above | $499.00 | cap applies |
9.5The Win Fee is charged to the Supplier's saved payment method when the Award is recorded on the Platform, and only where the Supplier holds a free Account at that time. We notify the Supplier of the Award, the Won Price used and the calculation. If the Supplier tells us within 5 business days that the Award or the Won Price is wrong, we will investigate and refund or adjust the Win Fee if it was charged incorrectly.
9.6Where we become aware of an Award that has not been recorded, we will notify the Supplier in writing, identify the Work Package and the Won Price we have used, and give the Supplier 14 days to correct the record or dispute the position before we charge the Win Fee.
9.7The Win Fee is a fee for your use of the Platform, calculated by reference to the value of the Work Package and subject to a minimum and a maximum so that it does not vary with the work actually performed. It is not a commission on the work, gives us no interest in the contract between the parties, and is payable whether or not the work is performed or paid for.
Pro subscription
9.8Pro costs $99 per month plus GST. While a Pro subscription is active, the Account may submit unlimited Applications and no Win Fee is payable on work Awarded to it.
9.9Pro is billed monthly in advance and renews automatically until cancelled. You may cancel at any time from your Account; cancellation takes effect at the end of the current billing period. Subscription Fees already paid are not refunded on a pro-rata basis, except as set out in clauses 9.15, 16.3, 18.2 and 18.3(c), or where required by the ACL.
9.10If a Pro subscription lapses, is cancelled or is suspended for non-payment, the free Account rules in clauses 9.2 and 9.4 apply from that time. The Win Fee position is determined by whether the subscription was active when the Award was recorded.
Payment, GST and changes
9.11All Fees are stated exclusive of GST unless otherwise indicated. Terms used in this clause have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). If a supply under this Agreement is a taxable supply, the recipient must pay an additional amount equal to the GST payable on it, at the same time as the consideration and on receipt of a valid tax invoice. Any reimbursement is calculated net of any input tax credit available. If an adjustment event occurs, a corresponding payment is made and an adjustment note issued.
9.12Payments are processed by our third-party payment processor. We do not store your full card details. You must keep a valid payment method on your Account at all times while it is active.
9.13If a payment fails, we may re-attempt it, restrict your ability to submit Applications, suspend your Account, and recover the amount owing together with any reasonable costs of recovery. Amounts unpaid after 14 days may attract interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic), calculated daily from the due date until payment. If a payment is reversed or charged back, the amount remains payable and we may restrict your Account until it is paid — unless the reversal relates to a Fee we agree was charged in error, in which case we will not treat it as a breach.
9.14You must pay Fees without set-off or deduction, other than an amount we have agreed in writing is owing to you or that a court or tribunal has ordered. A dispute you have with another account holder does not entitle you to withhold Fees.
9.15We may change our Fees or plan inclusions on 30 days' notice by email to your Account address or by notice in the Platform. Changes do not apply to a Win Fee already accrued or a Subscription period already paid. If you do not accept a change, you may cancel your Pro subscription or close your Account before it takes effect at no cost, and we will refund the unused portion of the current billing period. Continuing to use the Platform after that date means you accept the change.
9.16If you believe a Fee has been charged in error, tell us within 30 days of the charge so we can investigate promptly. A query raised later may be harder for us to verify, but nothing in this clause limits your legal rights.
10. Your Content and your data
10.1You own your Content. We do not claim ownership of it.
10.2You grant us a non-exclusive, royalty-free licence to host, store, copy, transmit, display and process your Content to the extent necessary to operate the Platform, provide the services, keep records, meet our legal obligations and provide support. That licence ends when the Content is deleted, except for copies retained in backups or as required by law.
10.3We may generate and use aggregated, de-identified information derived from use of the Platform (for example, market activity, response times and category demand) to operate, secure, improve and report on the Platform. This information will not identify you, your Content, your prices or your counterparties.
10.4You warrant that you have the right to provide your Content, and that it is not misleading or deceptive, does not infringe anyone's rights, and does not breach any law or confidentiality obligation you owe.
10.5You control what appears on your public profile and whether your business is discoverable. Content you submit in an Application, an RFI or a message is visible to the other parties to that Work Package. Ratings are visible as described in clause 13.
10.6We may remove or restrict access to Content that we reasonably believe breaches this Agreement, the Acceptable Use Policy or any law, or that presents a risk to another account holder. Where practical we will tell you why.
10.7Keep your own records. We take backups for our own operational purposes, but our backups are not a record-keeping service for you. You are responsible for retaining your own copies of contracts, quotes, purchase orders, certificates and correspondence, including for the periods required by law.
10.8Complaints about Content. If you believe Content on the Platform infringes your intellectual property, breaches confidence, or is otherwise unlawful, email [email protected] identifying the Content and its location, the basis of your complaint, and your contact details. We will consider complaints promptly, may restrict access to the Content while we do, and will tell the account holder who uploaded it.
11. Confidentiality
11.1Each party must keep the other's confidential information confidential, use it only for the purposes of this Agreement, and protect it with at least reasonable care. This clause does not apply to information that is public other than through a breach, was already lawfully known, or is required to be disclosed by law.
11.2Prices, scopes, drawings and documents exchanged between account holders through the Platform are confidential to the parties to that Work Package. You must not disclose another account holder's price to a competitor, use it to negotiate with a third party, or publish it.
12. Privacy and personal information
12.1We handle Personal Information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy (CPX-LGL-004).
12.2Where you upload Personal Information about your Team Members, employees, referees or contacts, you warrant that you are entitled to do so and have made any disclosures and obtained any consents required.
12.3The Platform, and services we use to operate it (including hosting, database, email, SMS and payment services), may store or process data in Australia and overseas. We take the steps required by Australian Privacy Principle 8 before disclosing Personal Information to an overseas recipient. Our Privacy Policy sets out the locations and the safeguards that apply.
12.4If an eligible data breach affecting your data occurs, we will notify you and the Office of the Australian Information Commissioner as required by Part IIIC of the Privacy Act 1988 (Cth), and in any event will notify you promptly where the breach is likely to result in serious harm to you or your personnel.
13. Ratings, reviews and reputation
13.1Ratings must be honest, based on an actual dealing on the Platform, and reasonable. You must not post a rating that is false, misleading, defamatory, retaliatory, or given or received in exchange for any benefit.
13.2Ratings and averages displayed on the Platform are the opinions of account holders, not ours. Publishing them is not an endorsement or a representation by us about any business.
13.3We may remove or refuse to publish a rating that we reasonably believe breaches clause 13.1, but we are not obliged to monitor or moderate ratings. You are responsible for what you publish, including under defamation law.
14. Credentials and verification
14.1Licences, insurances, certificates, qualifications, capability statements and similar information shown on the Platform are provided by the account holder that uploaded them. Unless we expressly state otherwise next to a specific item, we do not check that they are genuine, current, sufficient or relevant to your Work Package.
14.2Expiry warnings, completeness indicators and reminders are conveniences only. They do not confirm that a document is valid or that a business is compliant, and their absence does not mean anything is wrong.
14.3You must satisfy yourself, independently and before each engagement, that the other party holds what your project and the law require.
15. Security
15.1We take reasonable technical and organisational measures to protect the Platform and the data in it, including access controls, encryption in transit and separation of account data.
15.2No system is completely secure. We do not warrant that the Platform will be free from unauthorised access, and to the extent permitted by law we are not liable for loss caused by an event of that kind that occurs despite our taking reasonable measures.
15.3You must use the Platform securely, including keeping credentials confidential, using any additional authentication we make available, and keeping your own systems and devices secure.
16. Availability, support and changes to the Platform
16.1We aim to keep the Platform available at all times, but we do not commit to a service level and the Platform may be unavailable due to maintenance, upgrades, third-party failures or events outside our control.
16.2We provide support by email during Australian business hours. We do not commit to a response time.
16.3We may change, add to or remove features of the Platform. We will not make a change that materially reduces core functionality you are paying for without giving you reasonable notice; if we do, you may cancel a paid subscription and receive a refund of the unused portion of the current billing period.
17. Third parties
17.1The Platform relies on third-party services, including payment processing, cloud hosting, database, email, SMS and notification services. Their availability and performance are outside our control.
17.2The Platform may contain links to third-party websites or content. We do not control or endorse them and are not responsible for them.
18. Suspension and termination
18.1You may close your Account at any time. Closing your Account does not refund Fees already paid or cancel a Fee already accrued.
18.2We may suspend or restrict your Account immediately where we reasonably believe you have breached this Agreement or the Acceptable Use Policy, a Fee is overdue, your Account presents a risk to other account holders or to us, or we are required to do so by law. We will tell you the reason as soon as reasonably practicable, give you a fair opportunity to respond, and lift the suspension promptly once the reason no longer applies. Where we suspend an Account for a reason other than your breach or an overdue Fee, we will refund the Subscription Fee for the period of suspension.
18.3We may terminate this Agreement and close your Account:
- (a)immediately, for a serious breach — including fraud, false credentials, misstating a Won Price or deliberate avoidance of Fees under clause 8.4, threatening or abusive conduct, or conduct that endangers safety;
- (b)on 14 days' notice, where you breach this Agreement and do not remedy the breach within that period; or
- (c)on 30 days' notice, for any reason, in which case we will refund the unused portion of any Subscription Fee you have paid.
18.4On termination, your right to use the Platform ends. Fees accrued before termination remain payable. We will keep your Content available for export for 30 days after termination, after which we may delete it, except where we are required or entitled to retain it by law or to resolve a dispute.
18.5Clauses 3, 5.4, 7.4, 8.1 to 8.5, 8.8, 9 (in respect of Fees accrued before termination), 10.2, 10.7, 11, 12, 18.4, 19, 20, 21, 22, 23, 26, 27 and 28 survive termination, together with any other clause that by its nature should survive.
19. Indemnity
19.1You indemnify us against any liability, loss, damage, cost or expense (including reasonable legal costs) we reasonably incur in connection with a claim, demand or proceeding brought against us by a third party arising from: your Content; your use of the Platform; any work you perform, procure or fail to perform; any contract or dealing between you and another account holder; your breach of this Agreement or the Acceptable Use Policy; or your breach of any law.
19.2This indemnity is reduced to the extent the liability was caused by our breach of this Agreement or our negligence.
19.3This indemnity does not extend to indirect or consequential loss, we must take reasonable steps to mitigate any loss we claim under it, and our total recovery under it is limited to $250,000.
20. Warranties and the Australian Consumer Law
20.1We warrant that we will provide the Platform with due care and skill.
20.2Other than as set out in this Agreement, and to the extent permitted by law, the Platform is provided "as is" and we exclude all other warranties, whether express, implied, statutory or otherwise — including any warranty that the Platform will be uninterrupted or error free, that it will meet your requirements, or that any particular commercial result will follow from using it.
20.3Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL that cannot lawfully be excluded. Where our liability for a failure to comply with such a guarantee can be limited, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
21. Liability
This clause limits what we can be liable for. Please read it. It reflects that we charge a modest platform fee and are not a party to the work you contract for.
21.1To the extent permitted by law, we are not liable for:
- (a)any act, omission, default, insolvency, misrepresentation or work of another account holder, or of anyone they engage;
- (b)the quality, timeliness, compliance, safety or completion of any work, goods or services procured through the Platform;
- (c)non-payment, late payment or any dispute between account holders;
- (d)any decision you make to engage, or not engage, another account holder;
- (e)the accuracy, authenticity or currency of any Content provided by an account holder, including licences, insurances and certificates; or
- (f)loss arising from unavailability of the Platform, loss of data, or failure of a third-party service.
21.2To the extent permitted by law, neither party is liable to the other for any indirect or consequential loss, or for loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of contract, loss of goodwill, business interruption, or the cost of rectifying, completing or re-procuring any work.
21.3To the extent permitted by law, our total aggregate liability to you under or in connection with this Agreement, however arising, is limited to the greater of: (a) the total Fees you paid us in the 12 months before the event giving rise to the liability; and (b) $5,000.
21.4Clauses 21.2 and 21.3 do not apply to liability for death or personal injury caused by our negligence, fraud, a breach of clause 11 (Confidentiality), or any liability that cannot lawfully be limited. Clause 21.1(f) does not exclude our liability for loss caused by our failure to take reasonable care.
21.5Each party must take reasonable steps to mitigate its loss. Our liability is reduced to the extent your act or omission caused or contributed to the loss.
22. Disputes between account holders
22.1Disputes about work, scope, quality, delay, payment or contract terms are between the account holders concerned. We are not an arbiter, adjudicator, mediator or investigator of those disputes, and we will not determine them.
22.2We may, at our discretion and where lawful, provide the parties or a court, tribunal or adjudicator with records of what occurred on the Platform.
22.3To the extent permitted by law, you release us from any claim arising out of a dispute between you and another account holder, except to the extent the claim arises from our own breach of this Agreement, our negligence, or our misleading or deceptive conduct.
23. Resolving a dispute with us
23.1If you have a dispute with us, you must first notify us in writing at [email protected], setting out the issue and the outcome you want.
23.2The parties must then negotiate in good faith for 14 days. If the dispute is not resolved, either party may refer it to mediation administered by the Victorian Small Business Commission or the Resolution Institute, with costs shared equally.
23.3Neither party may start court proceedings about the dispute until this process is complete, except for urgent interlocutory relief or to recover an undisputed debt.
23.4Any claim under this Agreement must be brought within 2 years after the party becomes aware, or ought reasonably to have become aware, of the facts giving rise to it, to the extent that limitation is permitted by law. This clause does not apply to a claim under the ACL, a claim that cannot lawfully be limited, or a claim by us to recover an unpaid Fee.
24. Force majeure
24.1Neither party is liable for a failure or delay in performing an obligation (other than an obligation to pay money) caused by an event beyond its reasonable control, including natural disaster, pandemic, industrial action, war, act of terrorism, cyber attack, failure of a telecommunications or hosting provider, or government action. If the event continues for more than 60 days, either party may terminate this Agreement on notice.
25. Changes to these Terms
25.1We may update this Agreement from time to time to reflect changes to the Platform, changes in our costs, or changes in law, regulation or our obligations. For material changes we will give at least 30 days' notice by email to your Account address or by notice in the Platform, and we will publish the updated version with a new version number and effective date.
25.2If you do not accept a material change, you may cancel a Pro subscription or close your Account before it takes effect at no cost, and we will refund the unused portion of any Subscription Fee you have paid. No change applies retrospectively to a Win Fee already accrued or a Subscription period already paid. Continuing to use the Platform after the effective date means you accept the updated Agreement.
25.3Minor changes that do not materially affect your rights (such as correcting an error or clarifying wording) take effect when published.
26. Notices
26.1We may give you notice by email to the address on your Account, or by notice within the Platform. It is your responsibility to keep that address current.
26.2You may give us notice by email to [email protected], or by post to [REGISTERED ADDRESS].
26.3A notice by email is taken to be received when sent, unless the sender receives a delivery failure notice.
26.4You consent to receiving service and transactional messages about your Account by email, SMS and in-Platform notification. These are necessary to operate the Platform and cannot be turned off while your Account is active. You may opt out of marketing messages at any time using the unsubscribe function or by contacting [email protected].
27. General
27.1No agency or partnership. Nothing in this Agreement creates a partnership, joint venture, agency, employment or fiduciary relationship between us and you, or between us and any other account holder.
27.2Assignment. You may not assign this Agreement without our written consent (not to be unreasonably withheld). We may assign or novate it as part of a sale or restructure of our business, on notice to you.
27.3Subcontracting. We may use subcontractors and third-party service providers to perform our obligations, and remain responsible for their performance.
27.4Entire agreement. This Agreement is the entire agreement between us about the Platform and replaces all earlier terms, representations and understandings.
27.5Severability. If a provision is unenforceable, it is read down or severed to the minimum extent necessary and the rest continues.
27.6Waiver. A right is only waived in writing. Delay or failure to enforce a right is not a waiver of it.
27.7Reference. We may identify you as a Connect ProjeX user and use your business name and logo for that purpose. We will tell you before the first such use, and will stop if you ask us to in writing.
28. Governing law
28.1This Agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts able to hear appeals from them.
CPX-LGL-001 Platform Terms of Use · Version 1.0 · Effective 23 August 2026
Connect ProjeX Pty Ltd · ABN 77 677 628 394 · [email protected]
Connect ProjeX Pty Ltd · ABN 77 677 628 394 · [email protected]