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All of the material and information on this website, including text, graphics,
images, sound, video, data or any combination of such material, as well as all material
in the tender or other documents, is referred to these terms and conditions as information.
| 1 |
No Liability |
| 1.1 |
You use this website, and the information on it, at your own risk.
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| 1.2 |
The Crown is not responsible or liable whatsoever whether in contract,
tort (including negligence), equity or otherwise for:
| 1.2.1 |
The accuracy or completeness of the information |
| 1.2.2 |
The suitability of the information for your needs or purpose |
| 1.2.3 |
Any error, inadequacy, deficiency, flaw or omission in any of
the information |
| 1.2.4 |
Any action taken in reliance on, or in connection with, any
of the information |
| 1.2.5 |
Any reliance placed on the Crown in reliance on, or in connection,
with any of the information. |
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| 1.3 |
Information on this website does not constitute professional advice.
If you rely on the information on this website you are responsible for ensuring
its accuracy, currency and completeness. We advise you to take specific
advice from a qualified professional before taking any action in reliance
on, or connection with, the information. |
| 1.4 |
The Ministry does not warrant that the functions provided on this website
will be uninterrupted or error free, that defects will be corrected, or
that this website or the server that makes it available are free of viruses
or bugs or represent the full functionality, accuracy or reliability of
the information. |
| 2 |
No Legal Relations |
| 2.1 |
Unless expressly provided otherwise in these terms and conditions or
in the terms contained in any tender or other document available on this
website, no legal or other obligation will arise:
| 2.1.1 |
Between the Crown and any persons in relation to a tender or
other document available on this website |
| 2.1.2 |
From a tender or other document available on this website relating
to the conduct or outcome of the tender or other process referred
to in or relating to the document |
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| 2.2 |
Neither the Crown nor the relevant agency or department will be liable
for any direct or indirect damage, loss or cost (including legal costs)
to any respondent or other person in relation to the tender or other document
or any process described in the tender or other document and, in particular,
in relation to the preparation of a proposal. |
| 3 |
Use of this website and Registration on this website |
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You expressly warrant that:
| 3.1 |
You will keep confidential all confidential information and
all information identified as being commercially sensitive that
you access from this website and will not pass any such information
to third parties without the express permission of the owner of
the information. |
| 3.2 |
You will not permit third parties to use your registration and
you will keep secure from third parties any password issued to you
in connection with this website. |
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| 4 |
Copyright |
| 4.1 |
Information featured on this website is subject to Crown copyright protection
unless otherwise indicated. |
| 4.2 |
Subject to clause 4.3, you may reproduce Crown copyright protected information
free of charge in any format or media without specific permission, as long
as you ensure that:
| 4.2.1 |
The information is reproduced accurately and in its entirety
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| 4.2.2 |
The information is not used in a misleading way |
| 4.2.3 |
The information’s source and copyright status is acknowledged.
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| 4.3 |
If you wish to republish tender documents other than on the GETS website
and similar documents and references to them, or issue these to others,
then further conditions apply. These conditions are that you must ensure
that:
| 4.3.1 |
Nobody is charged for receiving or being provided access to
the information |
| 4.3.2 |
The contract title reference and closing date are correctly
included |
| 4.3.3 |
The relevant Crown purchaser’s contact details are NOT included |
| 4.3.4 |
Instructions are given to suppliers directing them to the GETS
website to register to contact purchasers and get the complete documentation |
| 4.3.5 |
The url link to the GETS website is correct for as long as your
republication is available |
| 4.3.6 |
The republished information is immediately corrected if that
information is updated. |
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| 4.4 |
The permission to reproduce Crown copyright protected information does
not extend to any information on this website that is identified as being
the copyright of a third party. Authorisation to reproduce such information
must be obtained from the copyright holders concerned. |
| 5 |
Posting to this website |
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If you post tender documents and similar documents, as well as references
to these documents, on to this website, you:
| 5.1 |
acknowledge and accept that you bear sole responsibility for
the content of all information that you post |
| 5.2 |
warrant and represent that:
| 5.2.1 |
you are entitled to do so |
| 5.2.2 |
it is not inappropriate information, which includes
information that, under the laws of any jurisdiction where
the information can be accessed:
| 5.2.2.1 |
is or may be unlawful, threatening, abusive,
harmful, malicious, obscene, pornographic, profane,
libellous, defamatory, or |
| 5.2.2.2 |
infringes any Intellectual Property Rights,
constitutes or encourages a criminal offence, or
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| 5.2.2.3 |
contains a virus, worm, Trojan horse or other
harmful code. |
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| 5.2.3 |
you either have sole ownership of all intellectual property
rights in such information in each jurisdiction from which
this website may be accessed and/or have obtained full and
effective license(s) from all relevant third parties allowing
you or a third party acting on your behalf to use the information
and to permit its dissemination world-wide |
| 5.2.4 |
you have the right to make it available to the Crown
for all the purposes specified above |
| 5.2.5 |
you have virus-checked all data posted to this website |
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| 5.3 |
agree to waive any moral rights in your contribution for the
purposes of its submission to, and publication on, this website
and the other purposes specified above. |
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| 6 |
Privacy |
| 6.1 |
The Ministry’s systems to which this website connects and related equipment
may be subject to monitoring. Personal information regarding users may be
collected for statistical purposes in determining the use of this website. |
| 6.2 |
If you are a registered user and you view any page or document available
on GETS while logged in, your actions will be recorded and your contact
details may be made available to the person who uploaded or is responsible
for the relevant document. |
| 6.3 |
Any other information the Ministry may collect about you will not be
disclosed to any other person in a form that will identify you unless:
| 6.3.1 |
You have consented to such disclosure, or |
| 6.3.2 |
Such disclosure is required or permitted by the Privacy Act
1993 or otherwise required or permitted by law. |
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| 7 |
Breach |
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Without limiting any other rights and remedies available to the Ministry,
the Ministry may limit your activities on this website, warn other users
of this website of your actions, issue a warning to you, suspend or terminate
your registration, or refuse to provide the Ministry’s services to you if
you breach these terms and conditions or where the Ministry considers it
appropriate. |
| 8 |
Indemnity |
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You agree fully to release, indemnify, keep indemnified and hold harmless
the Crown, its officers, employees or agents from and against any and all
costs, claims, losses, damages or liability and expenses (including, but
not limited to, legal fees) sustained or incurred by the Crown or any of
its officers, employees or agents directly or indirectly and in any jurisdiction
as a result of any breach by you of any of these terms or conditions or
any of your warranties contained in these terms and conditions. |
| 9 |
No Waiver |
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If the Crown does not exercise or enforce any right available to the
Crown under these terms and conditions, it does not constitute a waiver
of those rights. |
| 10 |
Partial Invalidity |
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If any provision of these terms and conditions becomes or is held to
be invalid, unenforceable or illegal for any reason, and in any respect,
that provision shall be severed from the remaining terms and conditions,
which shall continue in full force and effect. |
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