Platform Terms of Use
Last updated 17 July 2026
These Terms of Use govern how every organisation and user may access and use the Tidal Shift platform, which is operated by Tidal Circular Pty Ltd (ABN 15 691 289 522), trading as Tidal Shift Coordination. In these terms, “Tidal Shift”, “we” and “us” mean Tidal Circular Pty Ltd. They are separate from the Standard Services Framework (which governs the physical service between participants) and the Platform Subscription Terms (which govern a paying customer's fee).
Tidal Shift provides neutral coordination, matching, tracking and record-keeping software. It is not a carrier, consignor, consignee, material owner, processor, payer, agent or guarantor, and it is not a party to any service contract formed between participants. The only payment Tidal Shift takes is its own subscription fee; all payments for freight, materials and processing settle directly between participants, off the platform.
A. Acceptance & scope
- A1. Who these terms bind. Every organisation and user that accesses the platform. You accept them when you first use the platform, and continued use is acceptance of the version in force.
- A2. What they cover. Use of the software itself — distinct from the Standard Services Framework and the Platform Subscription Terms.
- A3. Authority. If you accept on behalf of an organisation, you confirm you are authorised to bind it.
- A4. Changes. We may update these terms; the version in force governs. Material changes are notified and require re-acceptance, which we record.
B. The platform's role
- B1. Coordination & records only. We coordinate, match, track and record. We are not a carrier, consignor, consignee, material owner, processor, payer, agent or guarantor.
- B2. Not a party to service contracts. Service contracts form directly between participants under the Standard Services Framework; we present, record and timestamp them only.
- B3. No third-party funds. We move, hold, collect and reconcile no third-party money. Our only charge is our own subscription fee.
C. Accounts & security
- C1. Accounts. Accounts are created by invitation or provisioning. You must provide accurate information and use the platform for legitimate business purposes.
- C2. Roles. Organisation administrators manage their own users and are responsible for their users' actions on the platform.
- C3. Security. Keep your credentials confidential, use multi-factor authentication where required, and tell us promptly of any suspected compromise. You are responsible for activity under your account.
- C4. No credential sharing. Credentials and access must not be shared, resold or transferred.
D. Acceptable use
- D1. Permitted use. Use the platform for your own legitimate reverse-logistics coordination purposes.
- D2. Prohibited conduct. No unlawful use, infringement, security probing, disruption, misrepresentation, or uploading of harmful or unauthorised content.
- D3. No systematic extraction. No scraping, crawling, bulk extraction beyond the export tools we provide, or automated harvesting of platform data.
- D4. No competing use. You may not use platform access or data to build, train or benchmark a competing service.
- D5. Monitoring. We may rate-limit, monitor and flag unusual or abusive access and enforce these terms.
E. Content, data & intellectual property
- E1. Platform IP. Tidal Shift owns the platform, software and brand. You receive a limited, revocable, non-transferable licence to use it while you have access.
- E2. Your data. Your organisation retains ownership of its operational data and content, and legal ownership of its physical materials.
- E3. Licence to operate. You grant us the rights needed to host, process, store and display your data to provide the service.
- E4. Aggregated & de-identified data. We may use aggregated, de-identified data and derived metrics for benchmarking, public dashboards and product improvement. We do not publish identifiable organisation-level data without that organisation's consent.
- E5. Feedback. We may use feedback and suggestions freely.
F. Confidentiality & privacy
- F1. Commercial confidentiality. Identifying and commercial details are de-identified in cross-organisation views; participants do not see competitors' terms or rates.
- F2. Privacy. We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
G. Availability & disclaimers
- G1. Availability. The platform is provided on an “as available” basis and may be subject to maintenance.
- G2. Participant content. We do not verify or guarantee the accuracy, quality, fitness or regulatory compliance of participant-provided content, loads, materials or services. Quality and compliance tools are reasonable-efforts support only.
- G3. “As is”. To the extent permitted by law, the platform is provided without warranties. Non-excludable rights under the Australian Consumer Law are preserved where they apply.
H. Liability & indemnity
- H1. Limitation. Our liability is limited and excludes indirect and consequential loss, to the extent permitted by law.
- H2. Service-contract carve-out. We are not liable for the acts, omissions or performance of participants under service contracts, or for the movement, handling or processing of materials.
- H3. Indemnity. You indemnify us for misuse, breach of these terms, or infringing or unlawful content.
I. Suspension & termination
- I1. Suspension. We may suspend access for breach, security risk, unlawful use, or (for paying customers) subscription non-payment.
- I2. Effect on service contracts. Loss of platform access does not, by itself, terminate service contracts already formed between participants.
- I3. Survival. Provisions on intellectual property, confidentiality, liability and indemnity survive termination.
J. General
- J1. Relationship. The parties are independent; we are not your agent or principal.
- J2. General provisions. Assignment, notices, entire agreement, severance, waiver and force majeure apply on standard terms.
- J3. Governing law. These terms are governed by the laws of Australia.
K. First Nations business access
- K1. Fee waiver. We waive all platform subscription and platform usage fees for Eligible First Nations Businesses. The waiver applies to platform fees only. It does not extend to third-party costs, government charges, or amounts payable under any contract between platform participants (for example, freight charges payable by a material owner to a carrier).
- K2. Eligibility. An “Eligible First Nations Business” is a business that is at least 50% owned by Aboriginal and/or Torres Strait Islander people, evidenced by any of the following: (a) current registration or certification with Supply Nation; (b) incorporation under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) and registration with the Office of the Registrar of Indigenous Corporations; or (c) other evidence of majority ownership reasonably acceptable to us.
- K3. Verification. We may request evidence of eligibility at onboarding and periodically thereafter. We may suspend the waiver where requested evidence is not provided within a reasonable time, or where a business ceases to be eligible.
- K4. Scope. The waiver attaches to the eligible entity and is not transferable or assignable. It confers access on the same terms as all other users of the applicable account type, and all other provisions of these Terms continue to apply.
- K5. Changes. We may amend or withdraw this program on no less than 30 days' written notice to affected account holders. Any amendment or withdrawal operates prospectively only and does not affect fees for any period before the notice takes effect.
- K6. Purpose. This program is a special measure intended to support the economic participation of Aboriginal and Torres Strait Islander businesses in reverse logistics and resource recovery.
Questions? Get in touch. See also our Terms of Use, Privacy Policy and Subscription Terms.