Terms and Conditions
Terms and Conditions
Formation and Acceptance
The use of the Tenders VIC website (www.tenders.vic.gov.au) (the “Website”) is governed by the following Terms and Conditions, which when accepted constitutes an agreement between the person who wants to use the Website ("you" and "your") and the Crown in right of the State of Victoria ("we", "us" and "our") and is to the benefit of our agents, employees and subcontractors.
Your use of the Website indicates acceptance of the following Terms and Conditions. If you do not agree to these Terms and Conditions you should not use the Website. We reserve the right to amend these Terms and Conditions at any time without further notice to you.
The Website enables you to:
(a) view tender documentation and information;
(b) download tender documentation electronically via the Internet;
(c) register for briefings;
(d) upload tender responses electronically via the Internet; and
(e) view details of contracts awarded in accordance with the Victorian Government's Contracts Disclosure Policy.
Using the Website
You agree that you are solely responsible for the accuracy and completeness of all the information and documentation you provide us using the Website and for the timing of your tender response.
You agree to grant us a licence to any information and documentation provided by you using the Website. You acknowledge that there will be no royalty or other fee payable by us to you or to any third party for this right.
You acknowledge that we are not responsible for:
(a) loss of tender responses, documents and/or other information in transit from you to us during your utilisation of the Website;
(b) loss of your tender response, documents and/or other information distributed to other parties by us;
(c) any error or delay in the assessment of your tender response;
(d) any failure to assess your tender response;
(e) any loss of documents or information provided by you;
(f) incorrectly assessing a tender response due to inaccurate or incomplete documentation or information provided by you.
You acknowledge that the electronic lodgement of your tender response is not received by us until you receive an electronic receipt on your Internet browser, which you must print,,confirming receipt of your tender response.
You acknowledge that we own the copyright and all other intellectual property rights in the Website.
The information you submit to the Website, including information in your tender response must not, in any way whatsoever, be potentially or actually harmful to us or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by us. Without limiting any provision of these Terms and Conditions, the information you submit to the Website including information in your tender response must be up to date, kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any content that is prohibited or that, in our sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au);
(h) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
(i) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Links
Links are provided from the Website to external Internet websites operated by other government bodies, non-government organisations and individuals. These external information sources are outside our control. We are not responsible for the contents of any external Internet site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and any link does not imply endorsement by us of the site. These linked sites will have their own terms and conditions of use and you should familiarise yourself with them.
Security
Not withstanding our efforts to ensure that the Website is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others.
We may issue instructions from time to time intended to ensure the security of the Website. You agree to comply with those instructions at all times.
Warranty
You acknowledge that access to the Website may not be continuous, uninterrupted or secure at all times and that access may be subject to factors or circumstances outside of our control.
You acknowledge that the Website is not error free and electronic information provided by you or us may be lost or corrupted. We do not warrant the accuracy, adequacy or completeness of any material on the Website.
Liability
Subject to any responsibilities implied by law that cannot be excluded, we exclude, to the maximum extent possible by law, any and all liability to you 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 us or any third party (including but not limited to any local government authority); or
(b) your use of the Website,
whether such liability arises in contract, tort (including negligence), statute or otherwise and whether known or unknown, suspected or unsuspected, disclosed or undisclosed.
If the law implies any condition or warranty liability for breach of which cannot be excluded, our liability is limited to the supply of the Website service to you again.
Without limiting our rights referred to in the preceding subclauses, we will not be liable for any failure to perform our obligations if such failure arises from such circumstances reasonably beyond our 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.
Indemnity
You agree to indemnify and to hold us 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.
Notices
We may give any notice or other type of communication to you:
(a) by electronic mail to the most recent email address that you have notified to us;
(b) by making the notice available for access on the Website; or
(c) by ordinary prepaid mail to your last notified address given to us.
Any notice given by us is deemed given:
(a) at the time when an electronic mail is sent by us;
(b) on making the notice available for access on the Website for display to you; and
(c) two (2) business days (i.e. any day that is not a Saturday or Sunday or a public holiday in Melbourne) after we post the notification to you.
No Agency
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by these Terms and Conditions. In particular you have no authority to bind us, our related entities or affiliates in any way whatsoever.
General
You acknowledge that all information contained in the Website is subject to change without notice.
You will comply with all laws that apply to you in relation to your use of the Website.
You acknowledge that these Terms and Conditions are governed by, and are to be construed in accordance with, the laws of the State of Victoria. You submit to the non-exclusive jurisdiction of the State of Victoria.
You acknowledge that local government authorities tender requests will be made available for download on the Website and you agree that we take no responsibility nor accept any liability whatsoever in relation to such information or documentation.
If any provision of these Terms and Conditions are held to be invalid or unenforceable that provision:
(a) may be read down to the extent necessary to make it valid and enforceable; or
(b) may be severed and the remaining provisions of the Terms and Conditions enforced.
The headings in these Terms and Conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of these terms and conditions.
These Terms and Conditions comprise the entire understanding and agreement between you and us with respect to its subject matter.