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TERMS AND CONDITIONS

Welcome to the Government Electronic Tenders Service (GETS).

These are the terms and conditions on which the MBIE offers you access to GETS.

  1. General

    1.1 By registering as a User or using GETS you are deemed to have accepted these terms and conditions as amended by us from time to time.

    1.2 Amendments to these terms and conditions will be effective at the time that the amended terms and conditions are posted on GETS.

  2. Warnings and disclaimers

    2.1 General

    (i) You understand and agree that your use of GETS is at your own risk. GETS is provided on an "as is" and "as available" basis. To the maximum extent permitted by law we disclaim and exclude all warranties including, but not limited to, any warranties of acceptable quality, fitness for a particular purpose, and non-infringement.

    (ii) We do not make any representation about, nor endorse, nor accept any responsibility for the accuracy, currency, completeness, fitness for purpose, usefulness, or reliability of any Information on GETS and you agree that your reliance on such Information is entirely at your own risk.

    (iii) We do not warrant that the functions provided on GETS will be secure, uninterrupted or error free, that defects will be corrected, or that GETS or the server that makes it available are free from viruses or items of a disruptive or harmful nature. You must ensure that you are protected against viruses, malware or other items of a destructive or harmful nature.

    (iv) We may, at any time, modify, suspend or terminate GETS.

    (v) Without limiting any other rights and remedies available to us and the Crown, we may limit your activities on GETS, warn other Users of your actions, issue a warning to you, suspend or terminate your registration, remove material that you have posted on GETS, or refuse to provide GETS to you if you breach these terms and conditions, or we consider it appropriate.

    (vi) You consent to us communicating information to you where we consider it necessary or relevant. You are responsible for ensuring that you are aware of any relevant terms and conditions contained in any tender documents posted on GETS.

    (vii) We do not act as an agent for any Users and we are not a party to any procurement process between you and other Users.

    (x) From time to time GETS may include links to other websites. We do not control or endorse those websites, and are in no way responsible for those links or information available on linked websites, including their reliability, usefulness, security or otherwise. We reserve the right to disable any unauthorised links from GETS.

    2.2 Liability

    You acknowledge and agree that, to the maximum extent permitted at Law, any and all liability of MBIE and the Crown to you under or in connection with these terms and conditions, GETS or your use of GETS, and all Information on GETS is excluded regardless of whether liability arises in contract, tort (including negligence), equity or by statute or otherwise, and whether such liability is for direct, indirect, consequential, special or punitive losses or damages, or loss of profit, income, data, business opportunity or anticipated savings. Where liability has not been excluded you agree that the liability of MBIE and the Crown is limited to $1 (unless prohibited by Law).

    2.3 Your indemnity

    You agree to indemnify, and keep indemnified, MBIE, our Personnel and the Crown against any and all actions, claims, proceedings, losses, liabilities, damages, costs and expenses (including legal costs on a solicitor-client basis) suffered or incurred by MBIE, our Personnel or the Crown arising out of or in connection with your use of GETS and any breach by you of these terms and conditions.

    2.4 Privacy

    (i) You authorise us to collect and retain personal information provided by you through your use of GETS or collected through the use of cookies to record your visit. Subject to clause 2.4(iv), your personal information will not be made available to any third party in a manner that enables you to be identified.

    (ii) All information collected will be held by us and used for purposes including:

    (a) communicating with you;

    (b) personalising your GETS profile and verifying your identity;

    (c) to provide Buyers with a basic overview of Suppliers' profiles;

    (d) investigating complaints about you or made by you, or if we suspect you are in breach of these terms and conditions;

    (e) managing and enhancing GETS; and

    (f) analysing use of GETS.

    (iii) If you do not provide personal information where requested you will not be able to access the sections of GETS that require the provision of such information. If you refuse to accept cookies some parts of GETS may not function properly.

    (iv) We may disclose your personal information:

    (a) if and to the extent we are required to do so by the Privacy Act 1993 or otherwise required or permitted by Law, at the request of a government agency that has authority to compel us to disclose your personal information, where we believe on reasonable grounds that you authorise such disclosure or on a ‘need-to-know’ basis to our Professional Advisors; and

    (b) to any Buyer or Agent for the purpose of analysing your use of GETS in relation to any of its tenders.

    (v) You are entitled to ask us whether or not we hold personal information about you, have access to that information and request that such information be corrected if it is inaccurate. Our contact details are as follows:

    Free Phone: 0508 GETS HELP (0508 438 743)
    International: +64 4 901 3188
    Email: info@gets.govt.nz

  3. Your use of GETS

    3.1 Registration

    (i) By registering to become a Buyer or an Agent you confirm that you have the full power, capacity and authority to act on behalf of the Eligible Agency that you represent.

    (ii) By registering to become a Seller you confirm that you have the full power, capacity and authority to act on behalf of the organisation (if any) that you represent.

    3.2 Your obligations

    (i) You agree to use GETS responsibly and not to:

    (a) upload, post or otherwise transmit or disseminate any software, material, comment or information that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable or inconsistent with the Operation Manuals;

    (b) infringe the intellectual property rights or any other rights of any other person;

    (c) undertake any purpose that is unlawful or prohibited by these terms and conditions;

    (d) disrupt or interfere with the operation of GETS in any way, including by using viruses, programs or technology that disables, overburdens or impairs GETS, or interferes with any other person’s use and enjoyment of GETS;

    (e) use any software or other method (whether automatic or manual), including any spider or robot, to monitor, copy, collect or index any data, Information or content found on GETS;

    (f) impersonate another person or entity or to forge any e-mail communication or message; or

    (g) use GETS in any way that is inconsistent with any Operations Manuals.

    (ii) You expressly warrant that:

    (a) you will keep confidential all Confidential Information and all information identified as being commercially sensitive that you access from GETS and will not pass any such information to third parties without the express permission of the owner of the information;

    (b) 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 GETS; and

    (c) you will notify us if you see material on GETS that may be in breach of these terms and conditions.

    3.3 Postings on GETS

    (i) You are solely responsible for the contents of any Information that you post on GETS.

    (ii) You will ensure that in relation to any Information you post:

    (a) you are entitled to do so;

    (b) it does not breach any Laws or relevant governmental policy;

    (c) does not breach your obligations in clause 3.2;

    (d) it does not contain any information that is untrue, incorrect, or unfounded or misleading;

    (e) it does not contain a virus, malware or other harmful code and that you have virus-checked it;

    (f) you either have sole ownership of all intellectual property rights in such information on a world-wide basis 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;

    (g) you grant us a non-exclusive license to use, reproduce, adapt and modify and store any information you post on GETS; and

    (h) it does not purport to reflect our views or be binding on, or posted by, us.

    (iii) You warrant and represent that you agree to waive any moral rights in your contribution for the purposes of its submission to, and publication on, GETS and the other purposes specified above.

    (iv) We may request that you remove any link to GETS from another website (other than the homepage) if we think that the link is inappropriate.

    3.4 Use of Agents

    (i) If you are a Buyer you may, by notifying us in writing, appoint one or more third parties to use GETS and act on your behalf, provided that any such use of GETS is for your sole benefit or, as the context requires, the sole benefit of the entity that you represent and you acknowledge and agree that:

    (a) each Agent is validly appointed by you as your agent for the purpose of using GETS;

    (b) you are responsible for, and will be liable for, all acts and omissions of each Agent that uses GETS;

    (c) you will procure each Agent to:

    A. only use GETS in accordance with these terms and conditions (including using GETS for the sole benefit of its principal and not for its own benefit);

    B. not to use any of your Confidential Information for its own benefit; and

    C. comply with any terms and conditions of the agency agreement it enters into with you.

    (ii) An Agent may not appoint a third party to use GETS or to act on the Agent's or your behalf.

    (iii) If you are an Agent, by registering for GETS or using GETS you agree to these terms and conditions, including the restrictions on Agents provided in this clause 3.4. For avoidance of doubt, the Agent will be regarded as a User, and a Buyer or Seller as context requires.

    3.5 Our intellectual property

    (i) GETS and all material on GETS is protected by Crown copyright which is owned by MBIE on behalf of the Crown unless otherwise identified (expressly or by context) as being the copyright of a third party.

    (ii) Subject to clause 3.5(iii), unless indicated otherwise for specific items or collections of content, this copyright material is licensed for re-use under the Creative Commons Attribute 3.0 New Zealand License. In essence, you are free to copy, distribute and adapt the material, as long as you attribute it to MBIE and abide by the other license terms.

    (iii) The licence in clause 3.5(ii) does not apply to any logos, emblems and trademarks on GETS or its design elements (or any photography and imagery) or any material posted on GETS by Users or identified as being the copyright of a third party. Those specific items may not be re-used without express permission of MBIE or the relevant Users or copyright owners.

    (iv) Please also note that neither MBIE's emblem nor the New Zealand Government logo may be used in a way which infringes the Flags, Emblems, and Names Protection Act 1981.

    (v) If you wish to republish tender documents other than on GETS and similar documents and references to them, or issue these to others, then the following conditions apply:

    (a) no one is charged for receiving or being provided access to the information;

    (b) the GETS RFx ID, the agency tender reference (if any), the title, the Buyer and closing date are correctly included;

    (c) the relevant Crown purchaser's contact details are not included;

    (d) instructions are provided directing potential suppliers to GETS to register to get the complete documentation;

    (e) the url link to GETS is correct for as long as your republication is available; and

    (f) the use is non-commercial or not to create a competing product.

  4. Other

    4.1 Complaints

    If you have any complaints or issues in relation to GETS please contact us as follows:

    Free Phone: 0508 GETS HELP (0508 438 743)
    International: +64 4 901 3188
    Email: info@gets.govt.nz

    4.2 Entire Agreement

    (i) These terms and conditions and the Operations Manuals (the Agreement) is the entire agreement between you and us in relation to the provision and use of GETS and supersedes all agreements, arrangements, understandings or representations relating to the subject matter of this Agreement.

    (ii) No other terms or conditions, including any terms and conditions of any documents posted on GETS will be incorporated into this Agreement.

    4.3 Precedence

    If there is any conflict or inconsistency between any of the documents which form part of this Agreement, the order of precedence is:

    (i) these terms and conditions (as amended); and

    (ii) any Operations Manuals.

    4.4 Severability

    If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal (whether partly or in full) for any reason, and in any respect, that provision (or part of that provision) will be severed and the remaining terms and conditions will continue in full force and effect with the necessary modifications.

    4.5 No Waiver

    If we do not exercise or enforce any right available to us or the Crown under these terms and conditions, it does not constitute a waiver of those rights.

    4.6 Governing law

    These terms and conditions, your use of GETS, any information contained on it, and any dispute arising out of such use of GETS are subject to the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions, your use of GETS and any dispute arising out of such use of GETS. You waive any defence at law or equity they may have to the jurisdiction of such courts including forum inconveniens.

    4.7 Interpretation:

    (i) The terms "we", "us" and "our" are a reference to MBIE and, as context requires, to the GETS administration team within MBIE as the holder of the domain name www.gets.govt.nz.

    (ii) References to "you", "your" or "User" means each person who has registered to use GETS and includes:

    (a) the organisation or entity disclosed as that person's organisation or entity on registration; and

    (b) any Agent.

    (iii) References to "the Crown" means the Sovereign, Her Majesty the Queen in right of New Zealand, and includes a minister, a government department and an Office of Parliament, but does not include a Crown entity (defined in the Crown Entities Act 2004), or a State enterprise (named in Schedule 1 of the State-Owned Enterprises Act 1986).

    (iv) Agent means an individual appointed in accordance with clause 3.4 of these terms and conditions.

    (v) Buyer means any User wishing to advertise documents (such as expressions of interest or tender documents) on GETS and who is registered as a buyer.

    (vi) Confidential Information means all information that is marked as confidential or the User ought to reasonably know is confidential.

    (vii) Eligible Agency means:

    (a) each Public Service department, as defined in section 27 of the State Sector Act 1988;

    (b) the New Zealand Defence Force, the New Zealand Police, the New Zealand Security Intelligence Service, the Parliamentary Counsel Office, the Office of the Clerk of the House of Representatives and the Parliamentary Service;

    (c) each Crown Entity, as defined in section 7 of the Crown Entities Act 2004;

    (d) each organisation listed in the fourth schedule to the Public Finance Act 1989;

    (e) the Reserve Bank of New Zealand;

    (f) the Office of the Controller and Auditor-General, the Office of the Ombudsmen, and the Office of the Parliamentary Commissioner for the Environment;

    (g) each corporation listed in the first schedule to the State Owned Enterprises Act 1986;

    (h) each local authority, as defined in section 5 of the Local Government Act 2002; and

    (i) any other organisation, agency or person that does not fall within the above categories but which MBIE determines should be treated as an eligible agency for the purposes of these terms and conditions.

    (viii) GETS means the Government Electronic Tenders Service available at www.gets.govt.nz

    (ix) Information means all of the material and information on GETS, including text, graphics, images, sound, video, data or any combination of such material, as well as all material in any tender or other documents whether or not it is uploaded to the website GETS by you.

    (x) Laws means:

    (a) any statute, regulation, bylaw, ordinance or subordinate legislation in force from time to time in New Zealand; or

    (b) the common law and the law of equity as applicable in New Zealand; or

    (c) any binding court order, judgment or decree;

    (d) any applicable industry code, convention, policy or standard enforceable by law; or

    (e) any applicable direction, policy, permission, consent, licence, rule or order that is binding on you and that is made or given by any governmental, legal or regulatory body having jurisdiction over you or your assets, resources or business, in any jurisdiction that is applicable to these terms and conditions; and

    (f) includes any laws or similar in any jurisdiction(s) to which you are subject.

    (xi) MBIE means the Ministry of Business, Innovation and Employment.

    (xii) Operations Manuals means all guides relating to the use of GETS that are published on GETS as amended by us from time to time.

    (xiii) Personnel means our employees, agents, officers and independent contractors.

    (xiv) Professional Advisor means any legal, accounting, procurement, IT or other technical professional.

    (xv) Sellers means any User wishing to respond to tender (or other) documents published on GETS and who is registered as a seller.