Formation and Acceptance
The use of the Freedom of Information Management System Website
is governed by the following Terms and Conditions, which
when accepted constitutes an agreement between the person who wants to use the
Freedom of Information Management System Website (?you? and ?your?) and the South
Australian Government (including its agents, employees and subcontractors) (?we?,
?us? and ?our?).
Your use of the Freedom of Information Management System Website
indicates acceptance of the following Terms and Conditions. If you do not agree
to these Terms and Conditions you should not use the Freedom of Information
Management System Website.
The South Australian Tenders & Contracts Website enables you
(a) view tender documentation and information;
(b) download tender documentation electronically via the Internet;
(c) upload tender responses electronically via the Internet; and
(d) view details of contracts awarded in accordance with the South Australian
Government?s Contracts Disclosure Policy. (Treasurers Instructions 27)
We may amend the Terms and Conditions at any time.
Using the South Australian Tenders & Contracts Website
You agree that you are solely responsible for the accuracy
and completeness of all the information and documentation you provide us using
the South Australian Tenders & Contracts Website.
You agree to grant us a licence to any information and documentation
provided by you using the South Australian Government Tenders & Contracts 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 utilising the South Australian Tenders & Contracts 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 mail notification
You acknowledge that the Crown in right of the State of South
Australia owns the copyright in the South Australian Tenders & Contracts Website.
Links are provided from the South Australian Tenders & Contracts
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.
Notwithstanding our efforts to ensure that the South Australian
Tenders & Contracts 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 South Australian Tenders & Contracts Website. You agree
to comply with those instructions.
You acknowledge that access to the South Australian Tenders
& Contracts 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 South Australian Tenders & Contracts
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 South Australian Tenders & Contracts Website.
Subject to any responsibilities implied by law that cannot
be excluded, we are not liable to you for any loss, damage, claims, liabilities,
expenses (including without limitation legal costs and settlement costs) whatsoever
arising out of or attributable to any content, or other material or loss or
corruption of documents or information provided by us, any third party (including
but not limited to any local government authority) or by you using the South
Australian Tenders & Contracts Website whether in contract, tort (including
negligence), statute or otherwise.
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 South Australian Tenders & Contracts 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 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, interruptions or shortages, computer processing systems failure.
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.
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 South Australian Tenders
& Contracts 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 South Australian Tenders
& Contracts 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 Adelaide) after we post the notification to you.
You acknowledge that all information contained in the South
Australian Tenders & Contracts Website is subject to change without notice.
You will comply with all laws that apply to you in relation
to your use of the South Australian Tenders & Contracts 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 South
Australia. You submit to the non-exclusive jurisdiction of the State of South
You acknowledge that local government authorities? tender requests
will be made available for download on the South Australian Tenders & Contracts
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
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.