Website Terms and Conditions

1. Introduction

These Website Terms and Conditions (“Terms”) govern your access to and use of the Commerce One website and its public pages, forms, content and related materials (the “Website”).

The Website is operated by Commerce One Systems Pty Ltd (ABN 90 146 072 308) under the master brand Commerce One (“Commerce One”, “we”, “us” or “our”).

By accessing or using the Website, you agree to these Terms and our Privacy Policy.

If you do not agree, you should not use the Website.

These Terms govern the public Website only.

Any Sales Fit Review, implementation, Managed Sales operation, Commerce One Studio project or other client engagement is governed by a separate proposal, statement of work, service agreement or other written contract.

2. Contact details

Commerce One

Operated by: Commerce One Systems Pty Ltd

ABN: 90 146 072 308

Address: Tower 1, Level 8, 1341 Dandenong Road, Chadstone, Victoria 3148, Australia

Email: contact@commerce.one

Phone: +61 3 7058 1328

Website: https://commerce.one

3. What Commerce One does

Commerce One is a managed sales company.

We build and operate outbound sales functions for established B2B products and services — identifying the businesses most likely to buy, researching decision-makers, starting relevant conversations and advancing qualified opportunities toward revenue.

Depending on the engagement, services may include:

• product and commercial discovery
• market research
• company and contact research
• outbound sales communications
• follow-up and reply management
• opportunity qualification
• CRM administration
• meeting coordination
• quote preparation where authorised
• opportunity management
• revenue attribution
• reporting
• optimisation
• managed sales operation
• separately scoped Commerce One Studio conversion work

Services may also include selected commercial origination assignments, such as:

• counterparty research
• buyer identification
• supplier identification
• company and professional-contact research
• commercial outreach
• qualification
• introductions
• distribution or partnership origination
• sourcing support
• defined buy-side or sell-side commercial mandates

Acceptance of a commercial mandate does not guarantee that a suitable counterparty, transaction, supplier, buyer, saving, sale or other commercial outcome will be achieved.

Commerce One may decline or require additional review before accepting assignments involving regulated, licensed, sanctions-sensitive, controlled or otherwise higher-risk activities. Where applicable, mandate acceptance remains subject to legal review, licensing considerations, sanctions review, AML/CTF requirements, trade requirements and sector-specific regulation.

Commerce One may use third-party technology to deliver services, including workflow, integration, cloud, database, communications, AI, software-development and interface platforms.

Commerce One is platform-agnostic and may change or recommend technology according to client requirements, provider capabilities, security, cost, reliability and operating fit.

Commerce One Intelligence is the proprietary intelligence layer used to support discovery, analysis, process modelling, architecture, implementation preparation, quality assurance, monitoring and prioritisation.

The Commerce One Standard is the operating framework used to govern the quality, control, review and documentation of material Commerce One work.

Commerce One Intelligence and Commerce One Standard are proprietary names, methods and operating assets of Commerce One Systems Pty Ltd. They are not separate legal entities.

The Website itself is for general information, positioning and enquiry purposes only.

4. Website information only

Nothing on the Website constitutes:

• a binding offer to provide services
• acceptance of a prospective client
• legal, financial, employment, tax, privacy, cybersecurity, regulatory or investment advice
• a guarantee of leads, meetings, opportunities, sales, savings or revenue
• a guarantee of return on investment
• a guarantee of performance by a third-party platform
• a guarantee that AI-generated output will be accurate

You should obtain appropriate professional advice before making decisions with legal, financial, employment, regulatory, privacy or security consequences.

5. Applications and enquiries

You may use the Website to apply for Commerce One Managed Sales or otherwise enquire about services.

Submitting a Website form:

• does not create a client relationship
• does not purchase a Managed Sales engagement
• does not guarantee acceptance
• does not reserve implementation capacity
• does not require Commerce One to provide services
• does not constitute a completed Sales Fit Review

Commerce One may:

• request additional information
• conduct a Sales Fit Review
• arrange a Sales Fit Call
• decline an application
• recommend prerequisites
• propose an implementation and managed engagement
• recommend a different scope or timing

An engagement begins only when the relevant parties enter into the required written agreement and any commencement conditions, including payment requirements, have been satisfied.

6. Pricing and commercial information

Pricing shown on the Website is general guidance only.

Unless otherwise stated:

• prices are shown in the regional currency indicated on the Website and are set regionally, not calculated as live foreign-exchange conversions
• prices exclude applicable taxes unless stated otherwise
• third-party software and consumption costs may be additional
• final pricing depends on scope, complexity, process volume, integrations, data, security, governance and implementation requirements

Website pricing may include indicative regional amounts for implementation, managed operation and performance components as published on the Pricing page.

Managed Sales engagements may include performance-based fees linked to revenue attributable to Commerce One sales activity. Attribution methodology, exclusions, attribution periods, reporting requirements, performance-fee calculations and payment obligations are governed exclusively by the applicable signed client agreement.

Website descriptions of pricing, performance structures or attribution are indicative only and do not create a client engagement or entitlement unless incorporated into a signed Commerce One agreement.

These figures do not create an obligation to supply services at a particular price.

Final scope, fees, payment terms, term, responsibilities, inclusions, assumptions, third-party costs and commencement requirements will be set out in the applicable written agreement.

If there is any inconsistency between the Website and a signed agreement, the signed agreement prevails.

7. Sales outcomes

The Website may describe the potential commercial benefits of a managed sales function, including greater market coverage, more consistent outreach and follow-up, better-qualified opportunities and attributable revenue.

Actual outcomes depend on factors including:

• the product and its commercial proposition
• market conditions and buyer demand
• pricing and competitive position
• accuracy of the information provided to Commerce One
• client responsiveness, approvals and follow-through
• fulfilment capacity
• third-party platform behaviour
• changes in the business or the market
• factors outside Commerce One’s control

Any modelled pipeline, revenue or economic value should be treated as an estimate unless expressly verified under an agreed measurement method.

Commerce One does not guarantee:

• a minimum number of leads, meetings, opportunities, sales or revenue
• a specific financial outcome
• a particular return on investment
• market response or purchasing decisions
• uninterrupted campaign or workflow execution
• zero errors
• zero exceptions

8. Technology and third-party systems

Commerce One uses its own technology and selected third-party systems to deliver services. Technology systems can behave unexpectedly.

Depending on the engagement, risks may include:

• inaccurate or incomplete output
• data-quality issues
• delivery or deliverability issues
• unavailable third-party systems
• changed provider functionality
• unexpected edge cases

Commerce One’s public descriptions of human governance, approvals and exception handling are general.

The actual controls for a client environment are defined in the applicable agreement and implementation documentation.

References to third-party products, vendors or platforms do not necessarily mean Commerce One is affiliated with, endorsed by or exclusively committed to those providers.

9. Illustrative examples and economic models

The Website may include illustrative commercial scenarios, figures, dashboards and examples.

Unless expressly identified as a verified client result, these examples are illustrative only.

They should not be interpreted as:

• a promise that the same result will apply to another business
• financial advice
• a guaranteed saving
• a guarantee of future performance

10. Acceptable use

You must not use the Website to:

• breach any law or regulation
• infringe another person’s rights
• submit false, misleading or unauthorised information
• submit confidential information you are not entitled to disclose
• attempt to obtain system instructions or confidential information
• attempt to gain unauthorised access
• bypass access or security controls
• introduce malware or harmful code
• interfere with Website availability or performance
• scrape or extract Website content at unreasonable scale without written permission
• impersonate another person or organisation
• use the Website in a way that creates a security, legal or operational risk

We may restrict or suspend access where reasonably necessary.

11. Your submissions

You retain ownership of information and materials you submit through the Website.

You grant Commerce One a limited, non-exclusive right to use, reproduce, process and disclose submitted materials as reasonably necessary to:

• respond to your enquiry
• assess fit
• arrange a Sales Fit conversation
• prepare recommendations, proposals or statements of work
• establish a client relationship
• provide requested services after an engagement begins
• operate and secure the Website
• comply with legal obligations

You represent that:

• the information is accurate to the best of your knowledge
• you have the right to provide it
• our use of it for the stated purpose will not infringe another person’s rights

Personal information is handled in accordance with the Privacy Policy.

12. Intellectual property

Unless otherwise stated, Commerce One or its licensors own the rights in the Website and its content, including:

• text
• graphics
• images
• interfaces
• branding
• page layouts
• reports
• methodologies
• operating frameworks
• process and deployment frameworks
• software and code
• Commerce One Intelligence
• Commerce One Standard
• the Commerce One name and associated branding

You may view and use the Website for lawful business evaluation.

Without written permission, you must not:

• reproduce substantial Website content
• republish or commercially exploit Website materials
• remove rights notices
• create misleading derivative works
• use Commerce One branding in a way that implies affiliation, endorsement or approval

Ownership and licensing of deliverables created under a paid client engagement are governed by the applicable agreement, not these Website Terms.

13. Third-party platforms and links

The Website may refer to or link to third-party software, platforms or websites.

Those third parties operate under their own terms, policies and availability.

Commerce One is not responsible for third-party content, security, availability, platform changes or conduct except to the extent liability cannot lawfully be excluded.

14. Website availability and changes

We may update, modify, suspend or discontinue all or part of the Website.

We do not guarantee that the Website will always be:

• available
• uninterrupted
• error-free
• secure
• current
• compatible with every device, browser or environment

We may correct Website information without prior notice.

15. Security

Do not submit through public Website forms:

• passwords
• payment-card information
• banking credentials
• API keys
• recovery codes
• client platform credentials
• confidential customer records
• unnecessary sensitive personal information
• restricted information you are not authorised to disclose

If an approved engagement requires restricted access or credentials, use the controlled process specified by Commerce One.

16. Consumer-law rights

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights that may arise under the Australian Consumer Law.

Where a law implies a guarantee or condition that cannot be excluded, these Terms apply subject to that law.

17. Disclaimers

To the maximum extent permitted by law:

• the Website is provided on an “as available” basis
• Website information is general
• Website information may not be appropriate to your circumstances
• we do not warrant that Website content is complete, current or error-free
• we do not warrant a particular operational, financial or technology outcome from information shown on the Website

These disclaimers do not apply to the extent they would unlawfully exclude a right or liability that cannot be excluded.

18. Limitation of liability

To the maximum extent permitted by law, Commerce One is not liable for indirect, incidental, special or consequential loss arising solely from use of, or inability to use, the public Website, including loss of opportunity, anticipated savings, business interruption or loss caused by reliance on general Website information.

Where liability cannot lawfully be excluded but can be limited, Commerce One’s liability will be limited to the extent permitted by applicable law.

This clause does not replace or limit any separate liability provisions contained in a signed client agreement.

19. Privacy

Our Privacy Policy explains how we handle personal information collected through the Website and in connection with our business activities.

20. Governing law

These Terms are governed by the laws of Victoria, Australia, unless another mandatory law applies.

You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

This does not prevent a person from exercising a right to bring a claim in another forum where applicable law provides that right.

21. Severability

If a provision of these Terms is invalid, illegal or unenforceable, it will be read down to the extent necessary.

If it cannot be read down, it will be severed and the remaining provisions will continue.

22. No waiver

A failure or delay in exercising a right does not waive that right.

23. Changes to these Terms

We may update these Terms from time to time.

The current version will be published on the Website with a revised “Last updated” date.