Supply Nation Website Terms of Use

Welcome to the Supply Nation website (www.supplynation.org.au).

PLEASE ENSURE THAT YOU READ THESE SUPPLY NATION TERMS OF USE (“TERMS OF USE”) CAREFULLY AS THEY CONTROL THE WAY YOU MAY USE THE SUPPLY NATION WEBSITE.

Certain terminology in these Terms of Use start with capital letters. Unless the context provides otherwise, those words have the meaning given to them in the ‘Definitions’ or in the body of these Terms of Use.

Acceptance of these Terms of Use

The Supply Nation website, including Indigenous Business Direct, (collectively the “Site”) is owned and operated by Australian Indigenous Minority Supplier Office Limited trading as Supply Nation, ABN 50 134 720 362 (“Supply Nation”, “we”, “our” or “us”).

These Terms of Use, which incorporate our Privacy Policy and any other policies, procedures, guidelines or codes referred to herein, and any other terms of service which apply to any services or devices that you use to access and use our Site, govern your access and use of the Site.

By accessing and/or using the Site, you are agreeing to be bound by these Terms of Use and that you have had sufficient opportunity to read and understand them.

The information on this Site is provided with the objective of promoting and embedding Indigenous supplier diversity within the Australian corporate and government landscape. Should you wish to become a Certified Supplier or Registered Supplier, please contact Supply Nation directly or follow the registration process on this Site. Membership will enable you to interact with other Members, Certified Suppliers and Registered Suppliers as part of your organisation’s procurement process.

Access and/or use of the Site is entirely at your own risk. You must only use the Site in accordance with these Terms of Use and any applicable law. You should immediately cease using the Site is you do not agree to these Terms of Use.
Supply Nation may modify these Terms of Use at any time. The modified terms and conditions will apply from the date they are published on the Site. We recommend you bookmark this page and revisit regularly.

Indigenous Business Direct

Indigenous Business Direct is Supply Nation’s publicly accessible directory of Certified Suppliers and Registered Suppliers. You can access the directory on the home page of the Supply Nation website.

Supply Nation recognise two levels of Indigenous ownership:

  • A Certified Supplier is a business that is at least 51% or more Indigenous owned, controlled and managed.
  • A Registered Suppliers is a business that is at least 50% or more Indigenous owned.

Indigenous Business Direct is a one-stop-shop for anyone looking to buy from an Indigenous business. Mandated by the Federal Government as the first reference point for government buyers when fulfilling their targets under the Indigenous Procurement Policy, Indigenous Business Direct is equally valuable as a resource for any procurement professional or buyer wanting to transact with an Indigenous business.

Eligible businesses can register directly on Indigenous Business Direct and login to update their business profile and contact details.

Intellectual Property:

Unless otherwise indicated, we own or license from third parties (including our Members, Registered and Certified Suppliers and related service providers) all right, title and interest (including Intellectual Property rights) in the Site and the Content on or related to the Site. Copying or alteration of our Site is strictly prohibited.

No right, title or interest is granted to you in respect of any Intellectual Property rights in relation to our Site, save those users that are Members, Registered or Certified Suppliers. Any such rights that may be granted to those Members, Registered or Certified Suppliers are set out in the applicable Members, Registered and Certified Suppliers Terms & Conditions.

We do grant you the non-exclusive, limited, terminable, personal, non-transferable and un-sub-licensable right to access and use the Site in accordance with these Terms of Use and, where applicable, as expressly authorised by us and/or our licensors. All rights not expressly granted to you under these Terms of Use are reserved.

You must not, nor attempt to, nor purport to authorise others to, copy, reproduce, publish, communicate to the public, modify, distribute, sell or lease any part of the Site, the Content, our products or services or included software, nor may you reverse engineer or attempt to extract the source code of that software. You will not remove, obscure or alter Supply Nation’s copyright notice, logos or other proprietary rights notices affixed to or contained within the Site, the Content, any Supply Nation products or services, software or documentation.

Indigenous Cultural and Intellectual Property (ICIP):

The Site may incorporate ICIP which belongs to the Aboriginal or Torres Strait Islander traditional owners or custodians of that ICIP. You agree that ownership of any such ICIP will remain at all times with the traditional owners or custodians of that ICIP.

In any access or use of the Site, you agree to:

  • Respect the ICIP rights of the traditional owners or custodians of that ICIP, and comply with any relevant cultural protocols of Supply Nation;
  • Ensure that traditional owners or custodians continue to be acknowledged as owners of any ICIP incorporated in the Site;
  • Not use the ICIP for any purpose without the prior written consent of the traditional owners or custodians of that ICIP.

Unacceptable activity:

You must not do or attempt to do any act that we would deem to be inappropriate, culturally insensitive, unlawful or prohibited by any laws applicable to our Site, including without limitation:

  • Accessing or using, or allowing any other person, group or organisation to access or use our Site which you are not permitted to access or use;
  • Accessing or using the Site outside the scope of any permission or licence granted to you by these Terms of Use;
    Infringing any other third-party rights;
  • Providing false or misleading information to us, or our personnel, agents, contractors, suppliers or related service providers;
  • Compromising or disclosing sensitive data or confidential information (including ICIP);
  • Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • Using the Site to defame or libel us, our personnel, agents, contractors, suppliers, related service providers or other individuals;
  • Inhibiting or interfering with another users’ enjoyment and use of the Site;
  • Linking to the Site in a way that damages or takes advantage of our reputation, including in a way to support or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none, or in a way that is illegal or unfair;
  • Causing us to breach any law, lore, regulation, rule, code or other legal or cultural obligation;
  • Uploading or depositing files to the Site that consist of Malicious Computer Program;
  • Interfering with or circumventing any security-related or other features of the Site, or tampering, hacking or in some other way disrupting any computer system, service, network, router or other device used to host the Site or make the Site available;
  • Using data mining, robots, screen scraping or similar data gathering and extraction tools on or in relation to the Site;
  • Posting or transmitting non-authorised material to the Site, or otherwise behaving in a manner, that is or could reasonably be considered, in our opinion, likely to cause annoyance, or which is defamatory, racist, culturally insensitive, obscene, threatening, pornographic, threatening, abusive, discriminatory, blasphemous, in breach of confidence or privacy, or otherwise or which is detrimental to or in violation of our systems or a third-party’s systems or network security.

If we allow you to post or upload any information, comments or otherwise to the Site, we have the right to take down this information at our sole discretion and without notice.

Data upload policy:

You may be entitled to post or upload information, business and contact details, comments, images, logos, writing or other material to the Site (collectively “Data”) subject to these Terms of Use.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any Intellectual Property in the Data, including rights to:

  • incorporate in the Site or any other Content;
  • copy, publish, communicate to the public, modify, edit, adapt or translate;
  • publicly perform or present;
  • distribute, sell, lease or otherwise use for any purpose including for commercial or advertising purposes.

You must not post or upload any Data that:

  • is unlawful or promote illegal behaviour;
  • is harmful, threatening, abusive or harassing;
  • incites violence or are graphical of violence;
  • is pornographic or exploit people in a sexual manner;
  • is defamatory or libellous;
  • relates to gambling or alcohol or drug use;
  • promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
  • is inaccurate, false, misleading or fraudulent;
  • consists of any Malicious Computer Program;
  • impersonates any person or entity or falsely misrepresents your affiliation with a person or entity;
  • infringes or violates another’s rights including Intellectual Property rights;
  • invades another’s privacy;
  • includes photographs or images or another person or another person’s property without their consent;
  • reveals anyone’s identification documents or sensitive financial information;
  • is posted to disrupt the operation of the Site and/or its related services.

By posting or uploading Data to the Site, you warrant that:

  • you have the right and authority to provide the Data in the manner posted or uploaded;
  • you own the Data and have the right to grant the rights above to Supply Nation;
  • the Data is not prohibited content as outlined above.

We have not reviewed and cannot review all Data posted or uploaded to the Site and we are not responsible for any liability in relation to your Data.

We may, at our sole discretion, pre-screen, reject or remove any Data from our Site for any reason.

Collection Notice:

We may collect personal information about you:

  • to provide you with access and use of the Site;
  • to respond to your enquiries and feedback;
  • to provide you with details of our products and services, events, activities and related resources and information;
  • when you post or upload information to the Site;
  • to process Member, Registered and Certified Supplier applications;
  • to maintain Member, Registered and Certified Supplier registers, including on Indigenous Business Direct;
  • to supply Registered and Certified Supplier business/company information to Members and on the Site;
  • to supply Member business/company information to Registered and Certified Suppliers and on the Site;
  • for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver the Site and our products and services (including Members, Registered and Certified Suppliers, information technology suppliers and our related service providers) or as required by law.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information, and (iii) how we will handle any complaint.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms of Use. If you do not provide this information, we may not be able to provide all our products and services to you.

Subject to our Privacy Policy, if we do not disclose your personal information in doing so, we can collect, copy, communicate, adapt and exploit data from your use of the Site and associated devices, systems, software and peripherals, to improve the delivery of our products and services to you.

Please contact us if you would like any further information about our Privacy Policy.

Confidentiality and Privacy:

The information contained on our Site is provided in good faith. The Content on our Site is sourced from either publicly available information or has been provided by you as a Member, Certified Supplier or Registered Supplier with the understanding and agreement that the information will become public information immediately on posting or upload to our Site and as such DOES NOT attract any rights of confidentiality. If you do not wish the information to be publicly available, please DO NOT upload the information.

As a user of our Site you agree and at all times will comply with the terms of the Privacy Policy.

Third Party Material

The Site may incorporate, link or make available Third Party Material. Third Party Material is provided for convenience and may not remain current or be maintained.

We are not responsible for, do not endorse or make any representations about, nor do we evaluate or examine Third Party Material, whether for usefulness for purpose, accuracy, completeness, legal compliance, availability or otherwise. You access and use Third Party Material entirely at your own risk and Supply Nation accepts no responsibility or liability for Third Party Material.

We may remove, suspend access to, change or otherwise deal with Third Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. The owners of Third Party Material may do the same.

Limitation of Liability:

SUPPLY NATION EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN OUR SITE OR THE CONTENT CONTAINED ON OUR SITE.

The Site and Content is provided ‘as is’ and ‘as available’ and you exercise your own skill, judgement and care with respect to your use or reliance on it. Neither the Site or any Content on it is comprehensive and is only intended to provide a summary of the subject matter covered.

While we use all reasonable attempts to ensure the accuracy and completeness of the Site and any Content, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the Site or any Content, and disclaim all responsibility, that:

  • the Site or any Content will be complete, accurate or up-to-date;
  • the Site or any Content is of a merchantable quality or fit for a particular purpose;
  • access to the Site or any Content will be uninterrupted or error-free or free from Malicious Computer Program; or
  • the Site or any Content will be secure.

We are not liable to you or anyone else if errors, interference or damage to your computer systems occurs in connection with your access or use of the Site, any Content or Third Party Material. You must take your own precautions to ensure that whatever you select, access or use on or from the Site is free of Malicious Computer Program.

You acknowledge and agree that:

  • we retain complete control over the Site and any Content, and may alter, amend or cease the operation of the Site or any Content, or remove, modify or add to the Site or any Content, at any time without notice in our sole discretion;
  • the Site may not operate on a continuous basis and may be unavailable from time to time (including for maintenance or upgrade purposes).

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLY NATION (INCLUDING ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS) DISCLAIMS ALL LIABILITY TO YOU AND EVERYONE ELSE IN RESPECT OF THE SITE, CONTENT ON THE SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT, WHETHER UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF USE ARISING OUT OF, OR IN CONNECTION WITH THE SITE, CONTENT ON IT OR PRODUCTS AND SERVICES PROVIDED THROUGH IT, EVEN IF SUPPLY NATION WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing contained in these Terms of Use excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.

Indemnity:

You agree to indemnify and hold us, our affiliates, third-party suppliers, licensors, related service providers and any officer, director, employee, sub-contractor, agent, body corporate or successor, harmless from and against any and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (actual, special or consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, incurred, suffered, due to or arising out of or in connection with:

  • your use of the Site or any Content on the Site;
  • your breach of these Terms of Use; or
  • your breach of any law or the rights of a third party in connection with your access or use of the Site or Content on the Site.

Termination:

These Terms of Use automatically terminate if:

  • we cease to operate the Site;
  • you cease to access the Site;
  • you do not comply with these Terms of Use.

We reserve the right to rescind, suspend or terminate your access and use of the Site at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Upon termination of these Terms of Use, you must immediately cease using the Site.

Contact Us:

You can contact us via the Supply Nation website (www.supplynation.org.au) or contact:

Supply Nation
GPO Box 1494
Sydney NSW 2001
1300 055 298

Definitions:

The following definitions apply to these Terms of Use:

‘Certified Supplier’ means a current approved Indigenous business and certified supplier of Supply Nation, meeting certification criteria.
‘Content’ means all forms and formats of content, data, information and material contained, incorporated, connected to or made available in relation to the Site (including from our Members, Registered and Certified Suppliers, affiliates, related service providers and other third-parties), including without limitation:

  1. text, contact details, documents, reports, papers, articles, comments;
  2. graphics, images, logos and photographs;
  3. sound files and music;
  4. other recordings, including video and live feed;
  5. software or code;
  6. Indigenous Cultural and Intellectual Property (ICIP);
  7. websites, social media, applications;
  8. links, posts, advertising, communications;
  9. other products or services.

‘Indigenous Cultural and Intellectual Property (ICIP)’ means Australian Aboriginal and Torres Strait Islander peoples’ rights to their heritage. Heritage comprises all objects, sites and knowledge including language, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Aboriginal or Torres Strait Islander group or its territory.

‘Intellectual Property (IP)’ means copyright, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how, confidential information, all rights under any legislation relating to the protection of computer programs, circuit layouts and all other intellectual property as defined by Article 2 of the ‘Convention Establishing the World Intellectual Property Organisation’ dated July 1967.

‘Malicious Computer Program’ means files that consist of malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to the Site, the Content, our property or the property of other individuals or organisations.

‘Member’ means an organisation or entity that is a current approved member of Supply Nation that seeks to purchase products and/or services from Indigenous businesses.

‘Registered Supplier’ means a current approved Indigenous business and registered supplier of Supply Nation, meeting registration criteria.

‘Third Party Material’ means Content, data, information, applications, services, websites and materials from, incorporating, linked or connected to third parties (included our Members, Registered and Certified Suppliers, and related service providers).