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, interactive features 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. Using the Website does not appoint Commerce One.

Any mandate or other Commerce One engagement, including an existing engagement entered into under a former service name, is governed by a separate signed mandate or other written agreement.

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 technology-enabled commercial origination and representation business. We assess and, where agreed in a separate written mandate, manage selected buy-side and sell-side commercial objectives.

Commerce One offers two types of mandate:

Sell Mandates, under which a supplier, manufacturer, service provider or product owner appoints Commerce One to identify and develop relevant buyers, distributors, OEM customers or other approved counterparties
Buy Mandates, under which a buyer appoints Commerce One to identify and develop suitable suppliers, manufacturers, equipment providers, capacity or other approved commercial sources

Depending on the mandate, the work may include:

defining the commercial objective, boundaries and authority
market and counterparty research
buyer, supplier and manufacturer identification
company and professional-contact research
commercial outreach
qualification
introductions
opportunity progression within the authority the mandate defines
transaction coordination
attribution and reporting

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

Commerce One assesses selected mandates individually and initially focuses on ordinary commercial trade, manufacturing, equipment, capacity and business services. Commerce One may decline regulated, restricted, licensed, sanctions-sensitive, controlled or otherwise unsuitable work, or require additional review before accepting it. Where applicable, mandate acceptance remains subject to legal review, licensing considerations, sanctions review, AML/CTF requirements, trade requirements and sector-specific regulation.

Technology supports the work. It does not replace commercial judgement. Commerce One uses its own systems and selected third-party technology to support research, qualification and opportunity management. A principal appoints Commerce One for the mandate, not for access to those systems, which are not offered as a public service, software or platform.

Commerce One may change the technology it uses according to mandate requirements, provider capabilities, security, cost, reliability and operating fit.

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
an appointment of Commerce One, or acceptance of a mandate or a prospective principal
legal, financial, investment, tax, customs, regulatory, employment, privacy or cybersecurity advice
a guarantee of a buyer, supplier, counterparty, introduction, opportunity, transaction, saving or revenue
a guarantee of return on investment
a guarantee of performance by a counterparty or third-party platform
a guarantee that AI-generated output will be accurate

The Commerce One Guide and other interactive features on the Website give general information only. They cannot accept a mandate, quote binding terms, negotiate or make commitments, and nothing they say binds Commerce One or any principal.

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

5. Mandate submissions and enquiries

You may use the Website to submit a Sell Mandate or Buy Mandate for review, or otherwise enquire about Commerce One’s services.

Submitting a mandate is an enquiry, not an acceptance or appointment. Submitting a Website form:

does not appoint Commerce One or create a client relationship
does not create a mandate
does not guarantee acceptance
does not reserve capacity
does not require Commerce One to provide services
does not authorise Commerce One to approach any organisation on your behalf

Commerce One may:

request additional information
assess the mandate, including the product or requirement, market, transaction economics and regulatory position
arrange a call to discuss the mandate
decline a mandate
recommend prerequisites
propose a mandate scope and success percentage on the standard commercial model
recommend a different scope or timing

An appointment begins only when the relevant parties sign a separate written mandate and any commencement conditions, including payment requirements, have been satisfied.

6. Fees and commercial information

The standard model for Sell Mandates and Buy Mandates is a mandate establishment fee of US$5,000, or the published list price for the relevant region, charged when the mandate is accepted; an Active Mandate Management fee of US$1,500/month, or the published list price for the relevant region, from month 2 while Commerce One continues active execution; and success participation on the qualifying transaction base defined in the signed mandate.

Regional prices are published list prices set by Commerce One and reviewed periodically. They are not live foreign-exchange conversions, and no regional surcharge applies.

The Active Mandate Management fee applies only while Commerce One continues active execution under the agreed mandate scope. It is a separate recurring fee for ongoing mandate execution: it is separately earned and is not credited against success participation.

The establishment fee is separate from success participation and is not credited against it. It pays for mandate setup, commercial preparation and activation, and it is not contingent on a transaction occurring, subject to the terms of the signed mandate.

Success participation is contract-specific: under Commerce One’s current policy it falls within 5%–15% and is never below 5%, and no rate or commission base applies unless it is agreed in a signed mandate.

A mandate that is unusually complex or materially outside the normal scope may require bespoke commercial terms, agreed before commencement. Commerce One may also offer introductory or negotiated pricing for particular mandates; any such offer is stated against the standard published price and applies only as agreed in writing.

Website fee examples, including calculators and worked examples, show indicative mechanics only. They are not quotes and do not create an obligation to supply services at a particular price.

Unless otherwise stated:

examples are shown in the currency indicated and are not live foreign-exchange conversions
prices and fees exclude applicable taxes, which are charged as required by law (for example, GST for Australian principals)
pre-approved third-party transaction costs may be passed through or reimbursed separately

Commerce One invoices the principal that appoints it for the fees agreed in the signed mandate.

In the standard mandate model, Commerce One does not own the goods or services traded and does not become the merchant of record. The underlying buyers and suppliers ordinarily contract and settle their transaction directly and remain responsible for contracts, payment, product, fulfilment, warranties, customs, duties, tax and other transaction obligations, unless expressly agreed otherwise in writing.

A principal remains responsible for the accuracy of the product, service, requirement and commercial information it provides or approves for use in a mandate.

Qualifying transactions, protected accounts, attribution periods, exclusions, repeat or recurring transactions, commission calculations and payment obligations are governed exclusively by the signed mandate. Repeat or recurring transactions attract commission only where the signed mandate provides for it.

Website descriptions of fees, commission, protected accounts or attribution are indicative only and do not create an appointment or entitlement unless incorporated into a signed mandate.

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

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

7. Commercial outcomes

The Website may describe the potential commercial benefits of a mandate, including wider market coverage, structured counterparty research, consistent outreach and follow-up, better-qualified opportunities and managed progression toward transaction.

Actual outcomes depend on factors including:

the product, service, capacity or requirement and its commercial proposition
market conditions and counterparty demand or supply
pricing and competitive position
accuracy of the information provided to Commerce One
principal responsiveness, approvals and follow-through
fulfilment and supply capacity
counterparty decisions, due diligence and approvals
legal, regulatory, sanctions, customs and trade requirements
changes in the business or the market
factors outside Commerce One’s control

Any modelled pipeline, transaction, revenue or economic value, including calculator outputs, should be treated as an estimate or illustration unless expressly verified under an agreed measurement method. Global-trade figures describe the wider market and do not represent Commerce One’s transactions or addressable revenue.

Commerce One does not guarantee:

that a suitable buyer, supplier, manufacturer or other counterparty will be found
that an introduction, negotiation or transaction will proceed or complete
a minimum number of introductions, meetings, opportunities or transactions
a specific financial outcome, saving, sale or revenue
a particular return on investment
market response or purchasing decisions
the performance, solvency or conduct of any counterparty
uninterrupted outreach 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 support research, qualification and opportunity management. Technology systems can behave unexpectedly.

Depending on the mandate, risks may include:

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

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

The actual authority, approvals and controls for a mandate are defined in the signed mandate.

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 includes illustrative mandates, counterparties, figures, scenarios, calculators and examples, including the Mandate Experience, the Mandate Universe and the Commerce One Guide.

Unless expressly identified otherwise, these examples are fictional and illustrative only. No buyer, supplier or other organisation in an example is a real or committed counterparty, and the categories shown are not a list of mandates Commerce One has accepted or will accept.

They should not be interpreted as:

a statement that Commerce One has existing buyers, suppliers or transactions in a category
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 restricted or confidential information you are not authorised to provide
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 your mandate
discuss the mandate with you
prepare recommendations, proposals or mandate terms
establish a mandate
conduct the mandate after an appointment 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
interactive tools and calculators
branding
page layouts
reports
methodologies
operating frameworks
process 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 signed mandate are governed by that mandate, 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 or the Commerce One Guide:

passwords
payment-card information
banking credentials
API keys
recovery codes
platform or system credentials
confidential customer or supplier records
confidential formulations or restricted technical data
unnecessary sensitive personal information
restricted information you are not authorised to disclose

If an approved mandate requires restricted information, 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 commercial, 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 mandate or other 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.