INTRODUCTION
These terms and conditions (Terms) apply when you use this website, www.tendl.ai (Website).
You agree to be bound by these Terms which form a binding contractual agreement between you and us, Dot Product Pty Ltd trading as 'Tendl', an Australian business with ABN 85 677 343 672 (Tendl, our, we or us).
If you don't agree to these Terms, you must refrain from using the Website.
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
YOUR OBLIGATIONS
You must not:
copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;
use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
gaining unauthorised access to Website accounts or data;
scanning, probing or testing the Website for security vulnerabilities;
overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we will use our best endeavours to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
the Website may have errors or defects;
the Website may not be accessible at times;
messages sent through the Website may not be delivered promptly, or delivered at all;
information you receive or supply through the Website may not be secure or confidential; or
any information provided through the Website may not be accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
INTELLECTUAL PROPERTY
We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PRIVACY
You agree to be bound by our Privacy Policy, which can be found at https://www.tendl.ai/privacy-policy.
LIABILITY
We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude all liability that may arise due to your use of our Website and/or the information or materials contained on it.
GENERAL
11.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
11.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
11.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
11.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
11.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
11.6 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
11.7 INTERPRETATION
In this agreement, unless the context otherwise requires:
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation;
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(currency) a reference to $, or "dollar", is to Australian currency, unless otherwise agreed in writing.
Our terms of use were last updated on 19 June 2025.
| Term | Meaning |
|---|---|
| End User | means you, or any person to whom the Licensee provides the Solution and this EULA. |
| Head Agreement | means the agreement between the Provider and the Licensee in relation to the Solution. |
| Solution | means the Tendl software. |
| Licensee | means the entity which has entered into the Head Agreement with the Provider in relation to the Software for the purpose of sublicensing the Software to the End User. |
| Purpose | means using the Solution to assist users responding to tenders. |
| Provider | means Dot Product Pty Ltd ABN 85 677 343 672 trading as Tendl |
This EULA applies to any End Users of the Solution. You agree to, and will be deemed to have accepted, this EULA when you access the Solution.
By accessing the Solution, you irrevocably consent to the terms of this EULA and represent and warrant that you will comply with the scope and restrictions of this End User Licence to the Solution provided under this EULA. If you do not accept this EULA, you must not access, use or otherwise view the Solution.
This EULA commences on the date the Solution is provided to you and will end when written notice is provided to you.
You are granted a revocable, worldwide, royalty-free licence to use the Solution for the Purpose.
You must only use the Solution:
in accordance with the limitations of the Purpose;
in a manner that is consistent and compliant with clause 2.2; and
in compliance with any other restrictions notified to you in writing by the Licensee or the Provider from time to time.
Except in accordance with clause 2.1(b), you must not, without prior written approval from the Licensee or the Provider in their absolute discretion:
upload sensitive information or commercial secrets to the Solution;
upload any harmful, discriminatory, defamatory, maliciously false implications, offensive, explicit, inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material to the Solution;
upload any material that is owned or copyrighted by a third party;
make copies of the Solution;
adapt, modify or tamper in any way with the Solution;
remove or alter any copyright, trade mark or other notice on or forming part of the Solution;
create derivative works from, translate or reproduce the Solution;
publish or otherwise communicate the Solution to the public, including by making it available online or sharing it with third parties;
sell, loan, transfer, sub-licence, hire or otherwise dispose of the Solution to any third party;
decompile or reverse engineer the Solution or any part of it, or otherwise attempt to derive its source code;
attempt to circumvent any technological protection mechanism or other security feature of the Solution;
permit any person to use or access the Solution;
intimidate, harass, impersonate, stalk, threaten, bully or endanger any other user of the Solution or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Solution;
share your Solution account information with any other person and that any use of your account by any other person is strictly prohibited. You, must immediately notify the Provider of any unauthorised use of your account, password or email, or any other breach or potential breach of the Solution's security;
use the Solution for any purpose other than for the purpose for which it was designed, such as not using the Solution in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; nor
act in any way that may harm the Provider's reputation or that of associated or interested parties or do anything at all contrary to the interests of the Provider or the Solution.
The Provider does not guarantee, and make no warranties, to the extent permitted by law, that:
the Solution will be free from errors or defects;
the Solution will be accessible or available at all times; or
any information provided through the Solution is accurate or true.
The Provider does not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Solution.
You must take your own precautions to ensure that the process which you employ for accessing the Solution does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Solution to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You indemnify the Provider and its employees, agents and contractors (Personnel) in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, your use of the Solution or breach of this EULA (or both, as the case may be).
You acknowledge and agree that the Provider will have no liability for any act or omission by you which results in or contributes to damage, loss or expense suffered by you or another user in connection with the use of the Solution and indemnify the Provider for any such damage, loss or expense.
All express or implied representations and warranties given by the Provider or its Personnel are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into this EULA which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our (and our Personnel's) liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
in the case of goods, their replacement or the supply of equivalent goods or their repair; and
in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
To the maximum extent permitted under applicable law, including the Competition and Consumer Act 2010 (Cth), under no circumstances will the Provider or its Personnel be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Solution, this EULA or their subject matter.
This agreement will be automatically terminated, and your licence to the Solution will be immediately revoked, if the Head Agreement expires or is terminated.
The Provider or the Licensee (or both) may terminate this agreement immediately by notice to you (as an individual user, without terminating the Head Agreement) if:
you are in breach of any term of this agreement and have failed to remedy the breach within 10 Business Days after the notice; or
you commit, or the Provider or the Licensee reasonably suspects that you may commit, any breach of this agreement including, without limitation, clause 2.
In the event of expiry or termination of this EULA, you must:
immediately cease using the Solution; and
remove the Solution from all materials in your care, custody or control that feature the Solution, and, if the Solution cannot be removed, then at the Provider's option, return or destroy all such material.
Termination of this agreement will not affect any rights accruing to either party to the date of termination nor any obligation performed to the date of termination or any obligation which expressly or impliedly survives termination of this agreement.
You are solely responsible for removing any information you store in the Solution prior to termination of this agreement. The Provider will not be liable to you for any loss of your or any other user's data or information upon termination of this agreement. Following termination, you may request that the Provider securely delete your data, ensuring that all copies of your data are irretrievably erased from our systems within 60 days following the request, unless retention is required by law. This includes the secure destruction of any backups or archives.
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.
You can't assign, novate or otherwise transfer your rights or obligations under this agreement without the Provider's prior consent.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.