Terms and Conditions
By accessing or using Tenders ACT, the User agrees to be bound by these terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on Tenders ACT. Before continuing, the User should read these terms and conditions as they form a binding agreement between the User and the Territory regarding the use of Tenders ACT.
Tenders ACT will enable a User to:
a. View tender documentation and information;
b. Download tender documentation electronically via the Internet;
c. Upload tender responses electronically via the Internet; and
d. View details of Contracts Awarded in accordance with the Territory’s contracts disclosure requirements.
REGISTRATION AND NOTICES
1. Users must register on Tenders ACT to become a registered User in order to download RFx documentation and related addenda, and upload and lodge Tender Responses. Users who are not registered Users will only have limited access to the functionalities in Tenders ACT.
2. A registered User who has downloaded RFx documentation will be notified by Tenders ACT via email of any addenda relating to the RFx documentation. It is in the interest of registered Users to ensure they have correctly recorded their user profile information prior to downloading relevant RFx documentation. If a registered User has not recorded their user profile information correctly, they should amend their details on their user profile on Tenders ACT and download the relevant RFx documentation again.
3. In the event that the Territory amends an RFx or the conditions of tender, it will make reasonable efforts to inform registered Users who have downloaded the RFx. All information and notices relating to RFxs (including amendments to RFx’s or conditions of tender) will be posted on the relevant RFx page on Tenders ACT as an addendum.
4. The Territory accepts no responsibility if a registered User fails to become aware of any addendum notice which would have been apparent from a visit to the relevant RFx page on Tenders ACT.
5. If a User has obtained relevant RFx documentation other than from Tenders ACT, the User must visit Tenders ACT, register as a registered User and download the relevant RFx documentation.
6. Users acknowledge that:
a. access to the Tenders ACT may not be continuous, uninterrupted or secure at all times and that access may be subject to factors or circumstances outside of the Territory’s control;
b. Tenders ACT is not error free and electronic information provided by Users or the Territory may be lost or corrupted;
c. Tenders ACT may not be free of infection by computer viruses or other defects; and
d. no responsibility is accepted by the Territory by the use or attempted use by any party of Tenders ACT.
7. It is the responsibility of Users to ensure that their infrastructure including operating system and browser revision levels meet the minimum standards as defined on Tenders ACT. The Territory takes no responsibility for any problems arising from Users' infrastructure and/or Internet connectivity.
8. Users acknowledge that although the Territory has implemented the security measures described on Tenders ACT, the Territory does not warrant that unauthorised access to information and data transmitted via the Internet will not occur.
9. The Territory may issue instructions from time to time intended to ensure the security of the Tenders ACT. Users agree to comply with those instructions.
10. Users must inform themselves concerning all security measures and other aspects of the technical environment of Tenders ACT . Users must make their own assessment of Tenders ACT prior to using it for any matter related to RFxs and no responsibility will be accepted by the Territory arising in respect of any use or attempted use by any party of Tenders ACT.
11. Material on Tenders ACT includes information, data, documents, pages and images (Data) and is intended for use and information by Users. The Territory holds the copyright in the Data on Tenders ACT and all rights are reserved.
12. No part of this Data may be used except as permitted under the Copyright Act 1968. In particular Users agree:
a. to acknowledge the source of any selected part of the Tenders ACT and/or Data reproduced
b. to include this copyright notice and disclaimer in any copy made
c. not to make a charge for providing the Data to another person without the prior written consent of the Territory, and payment of an agreed copyright fee, and
d. not to modify the Data without the prior written permission of the Territory.
13. Users may download, store in cache, display, print and copy the Data in an unaltered form only, for non-commercial purposes, provided that this notice appears with all copies. Users may not re-transmit, distribute, or commercialise the Data without prior written permission of the Territory.
14. The Territory disclaims all and any guarantees, undertakings and warranties, express or implied, and will not be liable for any loss or damage whatsoever, including without limitation any direct, incidental or consequential loss or damage, arising out of, or in connection with, any use of or reliance on the Data on Tenders ACT.
15. While the Data is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may have an impact on the accuracy of the Data. The Data may change without notice and the Territory is not liable for the accuracy of any information printed or stored by a User. Changes may be made to the Data and Tenders ACT at any time.
16. The Territory does not warrant, make any statement or representation about the accuracy, adequacy or completeness of any material on Tenders ACT.
17. In addition to Data on Tenders ACT, links are provided to external websites. These external sites are beyond the control of the Territory. It is the responsibility of the User to exercise their own skill and care with respect to the accuracy, completeness and currency of, or reliance on, any Data sourced from those external sites.
18. Users agree that they are solely responsible for the accuracy and completeness of all the information and documentation provided to the Territory using Tenders ACT.
19. Users agree to grant the Territory, solely for the purpose of administering Tenders ACT, and facilitating tender processes, a royalty-free, fee-free, worldwide, perpetual licence to use, record, copy and communicate, by any means, any information and documentation provided by the User using Tenders ACT. The Territory acknowledges that this licence does not grant to the Territory any other right to any information and documentation provided by User using the ACT eTendering Website nor does it affect title to, and ownership of, such information and documentation.
20. Users acknowledge that the Territory is not responsible for:
a. loss of tender responses, documents and/or other information in transit from the User to us utilising Tenders ACT;
b. loss of a tender response, documents and/or other information distributed to other parties by the Territory; and
c. any loss of documents or information provided by a User.
21. Users acknowledge that the electronic lodgement tender responses are not received by Territory until a User receives an electronic mail notification from the Territory.
22. Users acknowledge that the Territory owns the copyright in Tenders ACT.
23. Users are not permitted to use the Data material to sell a product or service or to increase traffic to another website.
24. Users may link to Tenders ACT at their own full expense and responsibility, however, Users must not:
a. alter any of Tenders ACT's contents; or
b. frame or reformat the files, pages, images, information and materials from Tenders ACT on any other website.
25. The Territory may, by giving notice, require the removal of links on third party sites.
26. Subject to any responsibilities implied by law that cannot be excluded, the Territory excludes, to the maximum extent possible by law, any and all liability to a User for any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs, indirect losses, special damages, consequential losses, loss of income, savings or profits, loss of data) whatsoever arising out of or attributable to:
a. any content, or other material or loss or corruption of documents or information provided by the Territory or any third party (including but not limited to any local government authority); or
b. User’s use of Tenders ACT,
whether such liability arises in contract, tort (including negligence), statute or otherwise and whether known or unknown, suspected or unsuspected, disclosed or undisclosed.
27. If the law implies any condition or warranty liability for breach of which cannot be excluded, the Territory’s liability is limited to the supply of the Tenders ACT service to Users again.
28. Without limiting our rights referred to in the preceding subclauses, the Territory will not be liable for any failure to perform the Territory’s obligations if such failure arises from such circumstances reasonably beyond the Territory’s control. These circumstances include, without limitation, fire, flood, earthquake, elements of nature, acts of God, malicious damage, explosion, sabotage, riot, civil disorder, rebellion or revolution in Australia, any change of law which makes compliance with the affected party's obligations under these Terms and Conditions illegal, communication line failures, power failures, electronic malfunction, electrical outages interruptions or shortages, computer processing or computer systems failure.
29. Users agree to indemnify and to hold the Territory harmless from any claim or demand, made by any third party due to, or arising out of or in connection with, your breach of these Terms and Conditions or your infringement of any rights of a third party.
TENDERS ACT TEAM
30. All queries and requests for technical or operational support must be directed to:
Tenders ACT Team
Telephone: +61 2 6207 7377
Email: [email protected]
31. The Tenders ACT Team is available between 9 am and 5pm ACT Local Time, Monday to Friday (excluding ACT and National public holidays).
PERSONAL AND ORGANISATIONAL INFORMATION
32. All persons who provide personal and organisational particulars within the Tenders ACT, hold themselves to be a proper and authorised representative of that organisation in the business of tendering with the Territory. If, subsequently, that person no longer has that right of authority, the person must send a request to the Tenders ACT Team, as detailed at Clause 32 above, to have such particulars removed or amended.
33. It is in the interest of Users to register their details correctly, in particular prior to downloading RFx documentation from Tenders ACT. The Territory requires this information to notify potential tenderers and registered Users of any extension to the tendering period, changes to the tender process and the issuance of addenda.
34. The Territory will comply with its obligations under the Information Privacy Act 2014 (ACT) and any relevant Territory Privacy Principles as set out in Schedule 1 of the Act.
35. The Territory maintains appropriate safeguards to ensure the security, integrity and privacy of personally identifiable information submitted to this site and periodically reviews and updates security measures in line with current technology.
LODGEMENT OF TENDERS
36. It is the responsibility of Users to ensure that their infrastructure, including operating system and browser revision levels, meets minimum standards (see Hardware/Software Requirements, Help). The Territory takes no responsibility for any problems arising from users’ infrastructure and/or Internet connectivity.
Tender Response Files
37. Users lodging a tender response via Tenders ACT should use file formats, sizes and naming conventions prescribed within the relevant tender documents. This may be a condition of compliance for tenderers. Where a User is unsure, they should contact the named agency Contact Officer for that RFx.
38. Tenders ACT uses a countdown clock which is displayed at the left hand navigation panel. The time displayed on this site is deemed to be the correct time. This is the date and time that will be used by the Territory to determine whether a response has been submitted prior to the closing time.
39. Users are responsible for ensuring sufficient time for successful lodgement. This includes time required for transmission and any problem analysis and resolution. Indicative times for transmission appear on the lodgement screen.
Proof of Lodgement
40. An on-screen receipt will be issued on successful lodgement. It will include the time and date the tender response was received. Users are required to print and store this receipt as proof of lodgement. If tenderers fail to receive a receipt, they must immediately notify the Tenders ACT Help Desk, prior to tender closing time (see the ‘Contact Us’ section of the website).
41. Any attempt to lodge a submission after the Closing Time will not be permitted by Tenders ACT. Such a submission will be deemed to be a Late Tender. Tenderers wishing to lodge a Late Tender must contact the Tenders ACT Team to obtain instructions on how a Late Tender can be lodged.
42. Users will comply with all laws that apply to the use of Tenders ACT.
a. may be read down to the extent necessary to make it valid and enforceable; or