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QTenders Terms of Use

QTenders is the online tendering system for the Queensland Government (we/our/us).  We own and run the QTenders website https://qtenders.epw.qld.gov.au/qtenders and app.  Tenderers who have registered with QTenders can use the website to download tender documentation and upload tender responses.  The app allows users to search for current tenders, closed tenders and forward procurement schedules (Intended Purposes).

If you use our website, app or both (our site), you agree to:

• the QTenders Terms of Use; and
• our Privacy Statement. 

We may change the terms from time to time by publishing an updated version on our site.  By continuing to use our site, you agree to the updated terms. We will use reasonable efforts to notify you of any change to our terms.

Using the QTenders website and app

You must:

• comply with any instructions on our site
• comply with all laws that apply to you concerning your use of our site
• use the site only for the Intended Purposes
• not attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute decompile or disassemble any of the data software and registration and log-in details secure, and not disclose to any third party
• ensure that the information and documentation (information) you provide to us using our site is accurate, complete and updated
• ensure that your infrastructure meets the requirements to use our site, and
• if you are using our site to lodge a tender response, ensure that we receive the response and that it complies with the tender response requirements. When you electronically lodge a tender response, we will send you an email notification.  If you do not receive an email notification, this means that lodgement has not completed successfully. 

When you register with QTenders, we will notify you by email when a new public tender has been released that matches your selected categories of interest.  If you wish to unsubscribe from emails please follow the directions on the website. 

You must:

• ensure that your email details are correct, and
• check our site for any amended tender information.

We are not responsible if you fail to become aware of any new or amended tender information.

Where you provide information to us using our site, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish and communicate your content to the public for the purpose of:

• administering and processing tender notifications, electronic submissions, activities associated with government procurement, providing assistance with the QTenders website, and user activity reporting; and
• research, reporting, policy or planning functions,

and the right to sub-license those rights to others.  You consent to any act or omission that would otherwise infringe any of your rights (including moral rights) in your content.

You warrant that you have the right to grant the above licence, that our exercise of the licence will not infringe any person’s intellectual property rights, and that the content is not defamatory and does not breach any law.

You must not post or transmit to or via our site any virus, information or material or otherwise use our site for any activity that, in our opinion:

• prevents or impairs the operation of or inhibits any other user from using our site
• defames, harasses, threatens, menaces or offends any person
• is obscene, indecent or inciting
• breaches any law
• infringes a third party’s rights or privacy
• is contrary to any relevant standards, codes or generally accepted community standards, or
• may give rise to legal proceedings.

You must not permit or enable another person to do any of those things.

We may:

• suspend or cancel your access to all or any part of the site at any time, if you breach these terms in our reasonable opinion, or for any other reason
• temporarily remove your access to all or any part of the site at any time to perform system maintenance, upgrades or repairs 
• discontinue support for the app or a particular version of it, and
• alter or remove any of your content at any time.

If you consider that your access has been suspended or cancelled in error, please contact the QTenders Systems Support team at bsu@epw.qld.gov.au or on (07) 3215 3699.

We are not responsible for:

• any failure by you to successfully lodge your tender response
• loss of your information in transit from you to us using our site, provided by you, or distributed to other parties by us
• any loss or disadvantage you incur as a result of unauthorised use of your log-in details by a third party
• any error or delay in assessing your tender response, or
• a failure to assess your tender response due to incomplete information provided by you.

Security

We take all reasonable precautions to ensure that our site is secure, but we cannot guarantee its security.  You must comply with any instructions we give you from time to time concerning the security of our site.

Copyright

The Crown in right of the State of Queensland owns the copyright in the QTenders website and app.  You may not use any part of the materials on our site except as permitted under the Copyright Act 1968 (Cth). 

Links

Our site may contain links to third party websites.  The links do not indicate any endorsement by us of the websites or of the information, products or services provided at those websites.  You access the links at your own risk.

The Queensland Government does not warrant that any website, including any third-party application store, is free from any viruses or malicious software or code which may be transmitted to a mobile device in connection with the download, installation or use of the app.

No warranties or representations

To the maximum extent that the law permits, we do not represent or warrant that the content on our site is accurate, reliable, suitable or complete.  We cannot promise that our site will be continuously available or virus or fault free.

Liability

To the maximum extent that the law permits, we exclude any liability to you that may otherwise arise concerning your use of our site.  If the law does not permit us to exclude liability arising from breach of any legislation, then to the extent that the law permits, we limit that liability to resupply of the QTenders website or app service to you.  We are not liable for any loss or damage to the extent that you cause it.

Indemnity

You will release, discharge and indemnify us from and against any claim made by any third party concerning:

• your breach of these terms;
• your infringement of any third party’s rights;
• any download, use, reproduction or storage by you of information on our site;
• your negligent or unlawful act or omission; or
• your contravention of any law,

except to the extent that the claim is due to our negligent or unlawful act or omission.  In this clause, ‘claim’ includes any claim, action, proceedings, demand, liability, obligation, costs (including legal costs), losses, damages and expenses, including those arising out of the terms of any settlement.

General

If there is an inconsistency between these terms and other terms on our site, the other terms will govern to the extent of the inconsistency.

If you or we do not act concerning a breach of these terms, this does not waive any rights to act concerning that breach or any later breach.

If any part of these terms of use are determined to be invalid, unlawful or unenforceable fir any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, will be severed from the rest of the terms of use and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.

The law in force in the State of Queensland governs these terms.

Last updated: July 2017

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