Vendor Subscription Terms

The “In short” summaries help you read these terms but don’t form part of them.

Key points

• Two plans. Entry (company profile and a set number of services, currently 15) and Full (adds unlimited services, bulk catalogue upload and higher ranking among similar matches).
• Flat subscription, no commission. You pay a monthly or annual fee. We take nothing from your sales.
• Billing. Monthly or annual by card, or annual by invoice. Plans renew automatically, and annual plans get a reminder before renewal.
• Price changes. At least 30 days’ notice, applying from your next renewal. You can cancel before then.
• Your listing, your responsibility. Keep it accurate, and only list staff contacts with their permission.
• Fair process. We don’t suspend without notice except in urgent cases, and a person makes every suspension decision.
• Cancel any time. Your listing stays live until the end of the paid period. We warn you before deleting a lapsed company’s data.
• Your consumer rights still apply under the Australian Consumer Law.

Contents

• About these terms
• Joining MineSearch and your team
• Plans and new features
• Fees, billing and renewal
• Your Listing and Content
• Search ranking and results
• Enquiries and contact details
• Suspension
• Privacy
• Cancellation and termination
• Liability
• Feedback
• Changes to these terms
• Disputes
• General
• Founding Vendor Offer

1. About these terms

In short: this is the contract between your business and MineSearch for listing on the Platform.

These terms are an agreement between GET Partners Pty Ltd (ACN 702 232 666, ABN 37 702 232 666), trading as MineSearch Australia (MineSearch, we, us), and the business that subscribes to list on MineSearch (the Vendor, you).

The person who accepts these terms confirms they are authorised to bind the Vendor. These terms apply together with our Terms of Use. If these terms and the Terms of Use conflict on a matter about your listing or subscription, these terms apply. If you accept a Founding Vendor offer, the Founding Vendor Offer schedule at the end of these terms also applies, and takes priority on the matters it covers. Our Privacy Policy explains how we handle personal information.

Key terms

• Listing: your company profile, catalogue and service areas on the Platform.
• Content: everything you or your team upload or enter, including text, images, logos, catalogue data and contact details.
• Plan: the Entry or Full plan you subscribe to.
• Subscription Period: each monthly or annual period you have paid, or been invoiced, for, and any period of complimentary access.
• Subscription: your Plan, whether paid or complimentary access we give you under section 4.
• Owner and Staff: the users linked to your company account, as described in section 2.

2. Joining MineSearch and your team

In short: MineSearch is for genuine suppliers to the mining industry. One Owner controls each company account, and you’re responsible for your team.

Who can list

MineSearch is for businesses that supply parts or services to the mining industry. Listings go live without prior review. If we reasonably believe a listing doesn’t meet this, is misleading, or duplicates another business’s listing, we may remove it and end the subscription. We will tell you why. If we do this within 30 days of your first payment, we will refund everything you’ve paid; after that, we will refund the unused part of the Subscription Period.

Your team

• Each Vendor has one Owner, who can invite and remove Staff and transfer ownership. When ownership is transferred, the previous Owner becomes Staff.
• Staff can edit the Listing and catalogue, and manage billing, including paying, changing plans and requesting invoices. Only the Owner can manage the team and transfer ownership.
• Every billing action is recorded with the name of the person who took it.
• You are responsible for everyone you add to your account, and for what they do on it. Remove people promptly when they leave your business.
• Each user can belong to one Vendor at a time.
• Keep your account details, including billing contacts, accurate and up to date.

Disputes about who controls a listing

If there is a dispute about who should control a company’s account, for example after the Owner leaves the business, we will decide based on reasonable evidence. That may include the business’s ABN, company records, a business email address or who pays the subscription. While we decide, we may suspend the Listing. We won’t be liable to either party for a decision made in good faith.

3. Plans and new features

In short: Entry gives you a profile and a set number of services. Full adds unlimited services, bulk catalogue upload and higher ranking among similar matches. Upgrades start immediately; downgrades start at your next renewal.

Current prices are on our pricing page. The price that applies to you is confirmed at checkout or on your invoice. There is no free trial: your Listing goes live when you pay or request an invoice, or when we give you complimentary access.

Entry service limit. We will give you at least 30 days’ notice before we lower the Entry limit. When it changes, services over the limit are hidden from search, not deleted, and come back if you upgrade or the limit rises. If we lower it during a Subscription Period you have paid for, you can cancel before the change takes effect and we will refund the unused part of any prepaid fees.

Upgrading to Full, or from monthly to annual billing, takes effect straight away. You pay the difference for the rest of your current Subscription Period, calculated pro rata.

Downgrading to Entry, or from annual to monthly billing, takes effect at the end of your current Subscription Period. After a downgrade to Entry, your bulk-uploaded catalogue is hidden from search but kept, and shown again if you upgrade. Your manually entered services stay listed, up to the Entry limit.

We don’t identify Members to you. We may give you aggregated statistics about your Listing.

New and trial features

We may offer new features to try, labelled as a trial or beta. They are provided as is, may change or be withdrawn, and aren’t part of your Plan unless we say so. Using them is optional.

4. Fees, billing and renewal

In short: you pay monthly or annually and your plan renews automatically. We give 30 days’ notice of price rises, and unpaid invoices can lead to suspension after a warning.

Card billing

You can pay monthly or annually by card. Your subscription renews automatically at the end of each Subscription Period, and we charge your card for the next one until you cancel. For annual plans, we will email the billing contact at least 30 days before renewal.

If a card payment fails, our payment provider will retry it, and your Listing stays visible while it does. If payment still can’t be collected, your subscription ends and your Listing is hidden from search.

Invoice billing

Annual plans can instead be paid by invoice, on 30-day terms, by card or BECS direct debit. Your Listing is active from the start of the Subscription Period, before payment.

If an invoice is still unpaid 30 days after its due date, we will contact the Owner. If it is still unpaid 7 days after that notice, we may suspend your Listing until it is paid. A person reviews each overdue account; we don’t suspend automatically.

Offers and discounts

• We may run offers or discounts from time to time. The terms of each offer, such as who can use it, the discount and how long it lasts, are set out when we make it.
• When a discount ends, standard pricing applies automatically, and you can cancel at any time as usual. Offers can’t be transferred, and ending an offer doesn’t affect Vendors who already have it.

Complimentary access

We may give some Vendors free access, for example launch partners. Complimentary access lasts for the period we tell you when we give it, for example 12 months for founding vendors. We won’t end it early unless these terms end or you don’t meet the conditions of the offer. If we didn’t set a period, we may end it with at least 30 days’ notice. When it ends, you can subscribe to keep your Listing.

General

• Prices are in Australian dollars and include GST. Our payment provider issues tax invoices and receipts.
• We charge a flat subscription. We don’t take a commission on any sale you make.
• Price changes. We will give you at least 30 days’ notice by email of a price increase. It applies from your next renewal. If you don’t agree, you can cancel before then and the increase won’t apply to you.
• Refunds. We don’t refund the unused part of a Subscription Period when you downgrade or cancel. We will refund you if we charge you in error, if we suspend you in error, in the cases set out in sections 2, 10 and 13, and wherever the law requires.
• Card and bank details are handled by our payment provider, Stripe, under its own terms. We never see or store them.

5. Your Listing and Content

In short: your listing must be accurate and lawful, you need permission to list staff, and you let us display your content. Each catalogue upload replaces the last one.

Your responsibility

You are responsible for your Content. You promise that:

• it is accurate, current and not misleading or deceptive, including descriptions, capabilities, part numbers and any prices
• you have the right to use it, including logos, images and descriptions, and it doesn’t infringe anyone’s intellectual property
• you use manufacturers’ names, trade marks and part numbers only to identify the parts or services they relate to, and don’t suggest a manufacturer endorses you unless it does
• it is lawful, and you are entitled to offer the parts and services listed
• you keep it up to date, and remove things you no longer offer

People named in your Listing

If your Content includes an individual’s name, phone number or email, such as a staff member listed as a contact, you must:

• have that person’s permission to publish their details on MineSearch
• tell them their details will be shown to MineSearch users, and point them to our Privacy Policy
• update or remove their details promptly if they leave your business or ask you to

You will be asked to confirm this when you add contact details or upload a catalogue, and we keep a record of that confirmation. If a person asks us to remove their details, we will remove them within 14 days and tell you.

Licence to us

You keep ownership of your Content. You give us a non-exclusive, royalty-free licence to host, copy, store, format, index and display it on the Platform, and to let our service providers do so for us, for as long as it is on the Platform and for the retention periods in section 10.

We may also show your company name and logo to promote MineSearch, for example in a list of suppliers on the Platform. You can ask us to stop at any time. We will stop within a reasonable time, but we don’t have to withdraw material already published. For Founding Vendors, logo use is a condition of the offer (see the Founding Vendor Offer schedule).

Catalogue uploads

• Each bulk upload replaces your whole previous bulk-uploaded catalogue, all at once. If an upload fails, your existing catalogue is unchanged.
• Manually entered services are not affected by bulk uploads.
• Uploads are limited to 50,000 rows.
• Keep your own copy of your catalogue. The Platform is not a backup service.

Removing Content and infringement reports

We may remove or hide Content that we reasonably believe breaches these terms, the law or someone else’s rights. We will tell you what we removed and why, unless the law stops us, and you can ask us to review it.

If someone tells us your Content infringes their trade mark, copyright or other rights, we may hide it while we look into it. We will tell you about the report and give you a chance to respond.

Changes we make for you. We may edit your Listing or add services for you when you ask us to, or to fix content that breaches these terms. Some changes we make are recorded, and you can see them in your company’s change history. If we prepare Content for you, such as setting up your profile or converting your catalogue, we will ask you to check it. Once you have approved it, you are responsible for it as your Content.

6. Search ranking and results

In short: results are ranked by how well they match. Full-plan vendors rank higher among similar matches, but we don’t guarantee positions or enquiries.

Search results are ranked mainly by how closely a listing matches the search. Full-plan Vendors rank higher among similar matches. No one can pay for a specific position.

We disclose this to Members in our Terms of Use.

We may change how search and ranking work to improve results. If a change materially reduces the benefit of the Full plan, we will give you 30 days’ notice, and you can downgrade or cancel before it takes effect. If you cancel, we will refund the unused part of any prepaid fees.

We don’t guarantee any number of views, enquiries, contact reveals or sales, or any particular position in search results.

7. Enquiries and contact details

In short: buyers contact you directly and any deal is between you and them. We don’t tell you who viewed your listing.

Members contact you directly, outside the Platform. Any quote, order, contract or dispute is between you and the Member. We are not a party to it.

Contact details in your Listing are shown to logged-in Members only when they choose to reveal them. Reveals are logged and limited to deter scraping. To protect Members’ privacy, we don’t tell you which Members viewed your Listing or revealed your details.

We can’t guarantee that no one will misuse details they have seen. Tell us about any misuse and we will act on it.

8. Suspension

In short: we only suspend for good reason, a person makes the decision, and we warn you first unless it’s urgent.

We may suspend your Listing or a user’s access if:

• an invoice is overdue, as set out in section 4
• you or your users materially breach these terms or the Terms of Use
• we reasonably suspect fraud, scraping or misuse of the Platform
• we need to act to comply with the law or protect others

A person makes every suspension decision. Before suspending, we will give you notice, our reasons, and a reasonable chance to fix the problem, unless the issue is urgent or serious, such as suspected fraud or a security risk. In that case we will tell you as soon as practical afterwards.

We will lift the suspension once the issue is fixed. Suspension doesn’t change your fees for the Subscription Period, unless we suspended you in error.

9. Privacy

In short: we follow our Privacy Policy, and you must only use buyers’ details to respond to their enquiries.

We handle personal information in line with our Privacy Policy. You must comply with the Privacy Act 1988 (Cth) where it applies to you, and with section 5 for people named in your Listing.

You must use information about Members that you receive through the Platform only to respond to their enquiry, unless they agree otherwise.

10. Cancellation and termination

In short: cancel any time and keep your listing until the paid period ends. We give 60 days’ notice if we end the contract without cause, and we warn you before deleting old data.

Cancelling

You can cancel at any time in your billing settings or by emailing us. Cancellation takes effect at the end of the current Subscription Period, and your Listing stays active until then. For invoiced annual plans, fees for the current Subscription Period remain payable.

If your Owner deletes their account, your Listing is removed from search immediately and your subscription ends at the end of the paid period. Transfer ownership first if your business wants to keep its Listing.

Termination by us

We may end these terms:

• if you materially breach them and don’t fix the breach within 14 days of our notice, or the breach can’t be fixed
• for any reason, including if we close the Platform, on at least 60 days’ notice. We will refund the unused part of any prepaid fees.

Termination by you

You may end these terms if we materially breach them and don’t fix the breach within 14 days of your notice. We will refund the unused part of any prepaid fees.

What happens to your data

When your subscription ends, your Listing is hidden from search. We then delete your company data:

• 90 days after your Owner deletes their account, or
• 12 months after your subscription ends, if you don’t resubscribe. We will email the Owner at least 30 days before we delete it.

You can resubscribe before then to restore your Listing. Keep your own copy of your catalogue. We keep billing and tax records for as long as the law requires, generally 5 years, and Stripe keeps its own.

What continues after termination

Sections that by their nature should continue do so after these terms end, including fees owed, our licence to your Content for the retention periods above, section 9 (Privacy), section 11 (Liability) and section 14 (Disputes).

11. Liability

In short: your consumer rights aren’t affected. Otherwise, neither of us is liable for indirect losses, and liability is capped at 12 months’ fees.

Your rights under the Australian Consumer Law are not excluded. Nothing in these terms excludes, restricts or changes any guarantee, right or remedy that can’t lawfully be excluded.

Subject to that, and to the extent the law allows:

• neither party is liable to the other for indirect or consequential loss, including lost profits, lost revenue or loss of business opportunity
• each party’s total liability to the other under these terms is limited to the fees you paid in the 12 months before the event giving rise to the claim

Where our liability for failing to meet a consumer guarantee can be limited, it is limited to supplying the services again, or paying the cost of having them supplied again.

These limits don’t apply to your obligation to pay fees, a party’s fraud, or your breach of section 5 (Content) or section 9 (Privacy).

Availability and third-party services

We aim to keep the Platform available, but we don’t promise uninterrupted service. We rely on third-party providers for hosting and payments, and Stripe’s own terms apply to payments. If the Platform is unavailable to you for more than 7 days in a row because of a problem on our side, we will extend your Subscription Period by the time lost.

Claims about your Content

You agree to cover our reasonable losses and costs from a third-party claim that your Content infringes their rights, is misleading, or breaches privacy law. This doesn’t apply to the extent we caused or contributed to the loss. We will tell you promptly about any such claim and let you take part in handling it. Neither of us will settle the claim without the other’s consent, which won’t be unreasonably withheld.

12. Feedback

In short: we welcome suggestions and may use them without owing you anything.

If you send us ideas or suggestions about MineSearch, we may use them to improve the Platform without any obligation to you. This doesn’t give us any rights to your Content or your business information.

13. Changes to these terms

In short: we give 30 days’ notice of changes, and you can cancel with a refund if a change is materially worse for you.

We may update these terms. We will email the Owner at least 30 days before a change takes effect.

If a change is materially adverse to you, you can cancel before it takes effect and we will refund the unused part of any prepaid fees. If you continue your subscription after that date, the new terms apply.

14. Disputes

In short: we’ll try to sort out any dispute directly before going to court.

If a dispute arises, either party can give the other written notice. Senior representatives will try in good faith to resolve it within 21 days before either party starts court proceedings, except for urgent relief. If it isn’t resolved, either party may refer it to mediation through the NSW Small Business Commissioner before starting court proceedings.

15. General

• These terms are governed by the laws of New South Wales. Both parties submit to the courts of New South Wales.
• We may send notices to your Owner’s email address. You may send notices to admin@minesearch.au.
• Neither party is liable for delays caused by events beyond its reasonable control.
• You may not assign these terms without our consent. We may assign them to a buyer of the MineSearch business, with notice to you.
• If part of these terms is unenforceable, the rest still applies.
• If we don’t enforce a right straight away, we can still enforce it later.
• These terms, together with the Terms of Use and any offer terms that apply to you, are the whole agreement about your subscription. Our Privacy Policy explains how we handle personal information but isn’t part of this agreement.

Schedule: Founding Vendor Offer

This schedule applies if we select your business as a Founding Vendor and you accept our offer. It forms part of these terms. If it conflicts with the rest of these terms, this schedule applies. The offer is for your business only and can’t be transferred.

What you get

• Year 1: the Full plan free for 12 months from the day we give you complimentary access. You don’t need to give payment details to start.
• Year 2: the Full plan at 50% off, billed annually, if you choose to continue.
• Year 3 onwards: the Full plan at its standard price at the time, under section 4.
• Setup help: help setting up your profile and getting your catalogue into our upload template.

Continuing after year 1

• Year 2 doesn’t start automatically. At least 30 days before your free year ends, we will email you and ask you to choose card or invoice payment and give your payment details.
• If you don’t, nothing is charged. When the free year ends, your complimentary access ends, your Listing is hidden from search, and section 10 (What happens to your data) applies.
• The 50% discount applies to your first annual payment after year 1. After that, your plan renews at the standard price, and you can cancel at any time under section 10.

Your commitments

We make this offer on these conditions:

• you upload a complete catalogue of the parts and services you supply, and keep it current
• you let us use your company name and logo to promote MineSearch during your free year
• you take part in two short feedback check-ins in your first year

If you don’t meet a condition, we will tell you and give you a reasonable chance to fix it. If you still don’t, we may end your complimentary access early by giving at least 30 days’ notice, and the year 2 discount won’t apply.