Platform Terms of Use

Body — the industry association or peak body that has entered into a Platform Licence Agreement with BuyCollective and through which the Member has been granted access to the platform (e.g., AGPA).

BuyCollective / we / us / our — GNLC Consulting Pty Ltd (ABN: [INSERT ABN]), the owner and operator of the BuyCollective platform.

Credentials — the username, password, and any multi-factor authentication details used to access the platform.

GST — goods and services tax as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Member / you / your — an organisation that has been granted access to the platform as a member of a participating Body, and which has agreed to these Terms.

Order — a purchase order placed by a Member through the platform for Supplier Products.

Platform — the BuyCollective web-based group purchasing platform, including all associated portals, tools, dashboards, and software made available by BuyCollective.

Platform Rates — the pricing, discounts, rebates, and supply terms negotiated by BuyCollective on behalf of Members and made available through the platform.

Supplier — a third-party supplier of goods or services whose products are listed on the platform under a Platform Participation Agreement.

Supplier Products — goods and services listed by a Supplier on the platform and available for ordering by Members.

Terms — these Platform Terms of Use, as updated from time to time.

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

These Terms form a binding legal agreement between you and BuyCollective. Access to the platform is also subject to your Body's membership rules and any addendum issued by your Body.

BuyCollective may update these Terms from time to time. We will notify you of material changes via the platform or by email. Continued use of the platform after notice constitutes acceptance of the revised Terms.

Access to the platform is conditional on your organisation holding current, valid membership with a participating Body. If your membership lapses or is terminated, your platform access will be suspended or revoked without notice.

You must ensure that all individuals accessing the platform on behalf of your organisation are authorised to do so and are made aware of and comply with these Terms.

BuyCollective reserves the right to suspend or terminate platform access at any time, including where: (a) your Body membership ceases; (b) you breach any provision of these Terms; (c) we reasonably suspect fraudulent, unauthorised, or harmful activity; or (d) required by law or regulatory obligation.

Platform access is provided on a non-exclusive basis. BuyCollective does not guarantee availability of any particular Supplier or Supplier Product.

You must not share your Credentials with any person who is not an authorised representative of your organisation. Platform access is personal to your organisation and must not be extended to any third party, including other Member organisations.

You are responsible for all activity that occurs under your account, including any Orders placed using your Credentials, whether authorised or not.

You must notify BuyCollective immediately at hello@buycollective.com.au if you become aware of any unauthorised access to your account or any compromise of your Credentials.

BuyCollective may, at its discretion, require you to reset your Credentials at any time for security purposes.

You must not attempt to access any part of the platform that is not authorised for your user role.

Platform Rates are confidential commercial information. You must not: (a) disclose Platform Rates to any person outside your organisation, including other Member organisations; (b) use Platform Rates to negotiate directly with any Supplier outside the platform; (c) publish, distribute, or reproduce Platform Rates in any form; or (d) use Platform Rates for any purpose other than placing Orders through the platform.

The obligation in clause 5.1 applies during the period of your platform access and for 24 months following termination or expiry of your access.

You acknowledge that the collective integrity of Platform Rates depends on confidentiality being maintained by all Members. Breach of this clause may result in immediate suspension of your platform access and may cause material loss to BuyCollective and other Members.

BuyCollective may take legal action to enforce confidentiality obligations where breach is suspected or confirmed.

Orders placed through the platform constitute a binding contract of sale between you and the relevant Supplier, subject to the Supplier's acceptance.

BuyCollective is an intermediary facilitating the transaction between you and the Supplier. BuyCollective is not a party to the contract of sale and is not the seller of any Supplier Products.

All pricing displayed on the platform is exclusive of GST unless otherwise stated. GST will be added at checkout where applicable.

Delivery terms, including costs, timeframes, and carrier arrangements, are set by the relevant Supplier and form part of the contract of sale. BuyCollective does not guarantee delivery timelines.

You are responsible for ensuring that any Order you place is accurate, including quantities, product specifications, and delivery details, before submission.

You should not rely on platform pricing for future budgeting or planning purposes unless a contracted rate is confirmed in writing for a specific period.

Payment terms are set by the Supplier under the applicable supply agreement. Standard platform payment terms are net 30 days from date of invoice unless otherwise agreed in writing.

All amounts are stated exclusive of GST. Members are responsible for any GST payable on their transactions.

BuyCollective may facilitate payment processing on behalf of Suppliers through the platform. In facilitating payment, BuyCollective acts as a payment intermediary only and does not assume liability for Supplier Products.

Failure to pay within agreed terms may result in suspension of your platform access and referral to the relevant Supplier for recovery.

BuyCollective is a group purchasing platform intermediary. We negotiate and administer supply arrangements on behalf of Members collectively, but we are not a principal buyer, distributor, or reseller of any Supplier Products.

Each Order you place is a direct transaction between you and the relevant Supplier. BuyCollective has no liability in relation to: (a) the quality, fitness for purpose, safety, or availability of Supplier Products; (b) Supplier compliance with applicable regulatory requirements (including TGA/ARTG obligations); (c) product recalls, deregistration, or market withdrawal; (d) loss or damage arising from delivery failure or delay; or (e) any act or omission of the Supplier.

Nothing in these Terms limits any rights you may have against a Supplier under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

BuyCollective makes no warranty, representation, or guarantee in relation to any Supplier Products, including as to fitness for purpose, merchantability, accuracy of product descriptions, or regulatory compliance.

Product listings on the platform are provided by Suppliers. While BuyCollective takes reasonable steps to ensure listing accuracy, we are not responsible for errors or omissions in Supplier-provided content.

Nothing in clause 9.1 or 9.2 excludes, restricts, or modifies any guarantee, right, or remedy that you may have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

To the extent permitted by law, BuyCollective's liability in connection with Supplier Products is limited to facilitating a referral to the relevant Supplier for resolution.

The Australian Consumer Law (ACL) may apply to your use of the platform and to purchases of Supplier Products made through the platform.

Where the ACL applies, you may have statutory guarantees and rights that cannot be excluded. These Terms do not purport to exclude, restrict, or modify any right or remedy available to you under the ACL.

For disputes relating to product quality, fitness for purpose, non-delivery, or warranty claims, your primary rights are against the Supplier as the seller of the goods. BuyCollective will use reasonable efforts to assist you in raising a dispute where appropriate.

For any dispute relating to an Order, including product quality, non-delivery, or billing, you should contact the relevant Supplier directly in the first instance using the contact details provided on the platform or in your Order confirmation.

If you are unable to resolve a dispute directly with the Supplier, you may escalate the matter to BuyCollective at hello@buycollective.com.au. BuyCollective will use reasonable commercial efforts to assist in facilitating resolution but does not guarantee any particular outcome.

BuyCollective's involvement in dispute resolution is limited to its role as intermediary. BuyCollective has no authority to compel any Supplier to provide a refund, replacement, or remedy.

Nothing in this clause limits your rights under the Australian Consumer Law or your ability to seek redress through applicable regulatory bodies.

You must not use the platform to: (a) engage in any fraudulent, deceptive, or misleading conduct; (b) place Orders that you do not intend to honour; (c) circumvent or attempt to circumvent the platform's pricing or commercial arrangements; (d) contact Suppliers for the purpose of negotiating supply terms outside the platform in breach of clause 5.1; (e) engage in any conduct that could damage the reputation or commercial interests of BuyCollective, any Supplier, or any other Member; (f) upload or transmit any malicious code, virus, or harmful content; (g) attempt to gain unauthorised access to any part of the platform or any other user's account; or (h) violate any applicable law or regulation.

BuyCollective reserves the right to immediately suspend or terminate your access upon detection or reasonable suspicion of prohibited conduct, without notice.

All intellectual property in the platform, including software, algorithms, design, trade marks, data compilations, and platform content (excluding Supplier product listings), is owned by or licensed to GNLC Consulting Pty Ltd.

You are granted a limited, non-exclusive, non-transferable licence to access and use the platform solely for the purpose of placing Orders and managing your purchasing activity as a Member.

You must not copy, modify, reverse-engineer, decompile, distribute, or create derivative works from any part of the platform without BuyCollective's prior written consent.

BuyCollective collects and handles personal information and organisational data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy is available at https://www.buycollective.com.au/privacy-policy/

By using the platform, you consent to BuyCollective collecting, using, and disclosing data generated by your platform activity for the following purposes: (a) facilitating your Orders and platform access; (b) administering the platform and improving platform functionality; (c) generating aggregated, de-identified analytics and reporting for BuyCollective, your Body, and Suppliers; and (d) communicating with you about platform matters, including updates, security notices, and relevant procurement information.

Your data is stored on servers located in Australia and will not be transferred outside Australia without your consent, except where required by law.

Aggregated and de-identified data derived from Member activity may be used by BuyCollective for commercial purposes including supplier negotiations, benchmarking, and platform development. This data will not identify your organisation individually without your consent.

In the event of a data breach that is likely to result in serious harm, BuyCollective will notify you and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme.

To the maximum extent permitted by law, BuyCollective's total aggregate liability to you arising from or in connection with these Terms or your use of the platform (whether in contract, tort, statute, or otherwise) is limited to the lesser of: (a) AUD $500; or (b) the value of the Order(s) to which the relevant claim directly relates.

BuyCollective is not liable for any: (a) indirect, consequential, special, or incidental loss or damage; (b) loss of profit, revenue, or anticipated savings; (c) loss of data or system downtime; or (d) damage arising from acts or omissions of Suppliers, third-party payment processors, or delivery carriers.

Nothing in this clause excludes or limits liability that cannot be excluded or limited by law, including under the Australian Consumer Law.

BuyCollective will use reasonable efforts to maintain platform availability, but does not warrant uninterrupted or error-free operation.

The platform may be unavailable from time to time due to scheduled maintenance, system upgrades, or events beyond our reasonable control. We will use reasonable efforts to provide advance notice of planned downtime where practicable.

BuyCollective is not liable for any loss arising from platform unavailability, interruption, or technical error.

BuyCollective may suspend or terminate your access to the platform at any time: (a) for breach of these Terms; (b) upon termination or lapse of your Body membership; (c) upon termination of the Platform Licence Agreement between BuyCollective and your Body; or (d) where required by law.

Upon termination, your licence to access the platform ceases immediately. You remain responsible for all Orders placed prior to termination and all obligations under these Terms that are expressed to survive termination, including clauses 5 (confidentiality), 13 (intellectual property), and 14 (data).

BuyCollective will use reasonable efforts to provide 14 days' advance notice of termination where initiated by BuyCollective other than for cause, but is not obliged to do so.

These Terms are governed by the laws of Victoria, Australia.

Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for any dispute arising under or in connection with these Terms.

If any provision of these Terms is invalid, unenforceable, or illegal, that provision will be severed and the remainder of these Terms will continue in full force.

These Terms, together with any Body-specific addendum and BuyCollective's Privacy Policy, constitute the entire agreement between you and BuyCollective with respect to your use of the platform and supersede all prior representations, discussions, or agreements.

BuyCollective's failure to exercise any right under these Terms does not constitute a waiver of that right.

You may not assign any right or obligation under these Terms without BuyCollective's prior written consent.

Notices from BuyCollective under these Terms may be given by email to the address registered on your account or by posting a notice on the platform.

BuyCollective — Platform Support GNLC Consulting Pty Ltd Email: hello@buycollective.com.au Website: https://www.buycollective.com.au