Terms

You acknowledge and accept that the material, information or data relating to tenders on the Tender Guide Consultants  website, including but not limited to tender notices, Request for Information (RFI) notices, Request for Proposal (RFP) notices, advertisements, messages, addenda and updates in any form whatsoever, including text, software, artwork, graphics, photographs, images, sounds, music, audio material, video material and audio-visual material (“Material”) is owned by or licensed to Tender Guide Consultants  and is protected by copyright. 

You acknowledge and understand that unauthorised copying, re-publication or use of the Material may violate copyright, trademark, and other laws.

 You are authorised by Tender Guide Consultants   to view, download, print and copy from the Tender Guide Consultants website only such copies of the Material as are strictly necessary for your records as a Subscriber and your own use for the purposes of considering and responding to the tenders available to you from the Tender Guide Consultants website. 

You must retain all copyright and other proprietary notices contained in the original Material or any copy you make of the Material. 

Except in accordance with the express provisions of this Agreement, you may not save, download, cut and paste, sell, licence, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate or create derivative works from, or otherwise use in any way, the Material or any part thereof, without the written permission of Tender Guide Consultants.

You agree to immediately notify Tender Guide Consultants  by e-mail to enquiries@tenderguideconsultants.com.au or by post to the postal address published on the Tender Guide Consultants  website if you become aware of: (a) any copying, publication or use of the Material which would or may amount to a breach of the terms of this clause 7 by any person; and (b) any material on the Tender Guide Consultants  website which infringes or may infringe your copyright or any other person’s copyright 

You acknowledge and understand that Tender Guide Consultants reserves the right to take whatever action it deems necessary without further notice to protect and enforce its rights. This includes commencing Court proceedings for copyright infringement seeking injunctive relief, compensation in the form of damages or an account of profits, and the payment of legal costs

Limit of Liability

Users expressly understand and agree that Tender Guide Consultants  shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, costs of delay, goodwill, use, data or other intangible losses whether based on contract, statute or otherwise (even if Tender Guide Consultants  has been advised of the possibility of such damages), resulting from (1) the use or the inability to use the Services (2) the cost  of  procurement  of  substitute  goods  and services resulting from any goods, data, information or services purchased or obtained or messages received or  transactions  entered  into Through or from the Services (3) unauthorised access to or alteration of your transmissions or data; (4) statements  or conduct of any third party on the Services; or (5) any other matter relating to the Services.

Tender Guide Consultants does not underwrite the identity or performance of any Procuring Party or other user of the Tender Guide Consultants website and will not be held liable for any losses, costs or claims whatsoever arising out of any fraudulent or mistaken identity assumed by any party using the Tender Guide Consultants website or any unauthorised use of any digital certification issued thereunder.

Tender Guide Consultants does not make any representations or warrant any of the information made available by procuring parties. You agree that Tender Guide Consultants shall have no responsibility or liability for any information, transaction, transmission, submission, correspondence, storage, identification, screening, compliance issues, issue of digital identification, unlawful transactions by other persons in connection with or arising out of any tender exercise.

Nothing in this clause excludes Tender Guide Consultants liability for personal injury or death caused through the negligence of Tender Guide Consultants, its employees, servants or agents, neither does it seek to exclude liability for fraudulent misrepresentation by Tender Guide Consultants.

In cases of any losses not otherwise excluded by a Term of this Agreement, Tender Guide Consultants total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Agreement, or based on any claim for indemnity or contribution will not exceed the sum of the most recent notification subscription fee paid by you to Tender Guide Consultants.

You confirm the services are being provided for business purposes and agree that the provisions of the Consumer Guarantees Act 1993 (NZ) do not apply.

Indemnity

You agree to indemnify and hold Tender Guide Consultants  and our subsidiaries, related entities, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by you or a third party owing to, or arising out of, your use of the Services provided by Tender Guide Consultants  or your breach of this Agreement or the documents it incorporates by reference (including, without limitation, use of digital certification for an unauthorised purpose), or your violation of any law or the rights of a third party.

Up-Date

These terms, conditions and policy’s may be up-dated at any time and will be available for your viewing at www.tenderguideconsultants.com.au