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Terms and Conditions
Queensland Government COVID-19 Procurement Supplier Portal Application
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The Portal
The Queensland Government COVID-19 Procurement Supplier Portal Application (the Portal) assists budget sector agencies, statutory bodies, government owned corporations and special purpose vehicles, as referred to in the Queensland Procurement Policy, and the general public (herein referred to as Purchasers) to engage suppliers who sell products and/or services listed under ‘What’s in Demand’ on the Portal.
The Portal is operated by the State of Queensland through the Department of Housing and Public Works (DHPW). By registering on the Portal you agree to be bound by these Terms and Conditions as amended by DHPW from time to time.
In submitting an application for registration, you:
  • acknowledge that DHPW will rely upon information provided by you to determine your eligibility for registration on the Portal e.g. that you supply one or some of the products listed under ‘What’s in Demand’ on the Portal
  • agree that DHPW may make all necessary enquiries regarding the information provided by you to support your application and to check your compliance with the Queensland Government Supplier Code of Conduct (see further information in registration requirements)
  • agree that DHPW may, in its absolute sole discretion and without giving reasons, decide not to process, or to suspend or cease the processing of an application for registration, and
  • acknowledge the Portal will only be operational during the Queensland Government’s COVID-19 response.

Registration requirements
To be eligible and successfully register your organisation on the Portal, you must ensure that:
  • your products fall into at least one of the categories listed under ‘What’s in Demand’ on the Portal
  • you have obtained and will maintain all licences, permits, permissions, approvals, and certificates necessary to supply the products listed as ‘What’s in Demand’ and
  • your organisation must comply with the Queensland Government Supplier Code of Conduct (SCOC) if you wish to register for the Portal.
DHPW, in its absolute discretion, may at any time without notifying you:
  • suspend, cancel or remove your registration
  • temporarily remove your registration to perform system maintenance, upgrades or repairs
  • discontinue support for the Portal or a particular version of it or
  • alter or remove any of your content from the Portal at any time.
If you consider that your registration has been suspended or cancelled in error, please contact the support team at SupplierPortal@hpw.qld.gov.au.

Compliance
You must ensure that all representations, warranties, declarations, statements, information and documents (“information”) made or provided by you through the Portal are complete, accurate, up-to-date and not misleading in any way. You must immediately notify DHPW in writing if any information is or becomes incomplete, inaccurate, out-of-date or misleading in any way.
DHPW reserves the right to audit your organisation at any time to ensure you met the abovementioned registration requirements.

Consent and Licence to use information
You consent to, and grant a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to DHPW to use, reproduce, modify, adapt, publish and communicate any information contained in your application for registration, or provided to DHPW as part of your registration:
  • to relevant government and industry entities for the purpose of assessing your application
  • to government agencies or the public in any form (in whole or in part) and by any medium for the purpose of enabling potential buyers to more easily find and buy from suppliers, and
  • within DHPW for research, reporting, policy or planning purposes.
You warrant that you have the right to grant the above licence, that DHPW’s 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, the registration form any virus, information or material or otherwise as part of the registration process for any activity that, in DHPW’s opinion:
  • prevents or impairs the operation of or inhibits any other user from using the registration form
  • 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.

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

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

No warranties or representations
To the maximum extent that the law permits, DHPW does not represent or warrant that the content on the Portal is accurate, reliable, suitable or complete. DHPW does not guarantee that the Portal will be continuously available or virus or fault free.

Non-exclusivity
Purchasers may engage other suppliers not registered on the Portal to provide the products listed under ‘What’s in Demand’.

No minimum volumes
Purchasers do not make any commitment to purchase any or any minimum volume of products or services from you as a result of your registration on the Portal.

Liability
To the extent that the law permits, DHPW excludes any liability to you (whether in contract, tort including negligence or otherwise) for loss or damage of any nature that may arise concerning your use of the Portal or in any way connected with your registration.
DHPW is also not liable for:
  • any loss or disadvantage you incur as a result of your use of the Portal, your dealings with purchasers or potential purchasers introduced through the Portal, your supply of products to purchasers and/or unauthorised use of your registration form details by a third party
  • any error or delay in assessing your registration form submission, or
  • a failure to assess your registration form submission due to incomplete information provided by you.

Indemnity
You release, discharge and indemnify DHPW and its personnel from and against any claim made by any third party in connection with:
  • your use of the Portal
  • your dealings with potential purchasers introduced through the Portal
  • your supply of products to purchasers
  • 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 Portal
  • any claim by a third party relating to these terms or your registration or your products
  • your negligent or unlawful act or omission, or
  • your contravention of any law
except to the extent that the claim is due to DHPW’s 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 the Portal, the other terms will govern to the extent of the inconsistency. If you or DHPW 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 for 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.

Privacy
DHPW will collect your personal and organisation information in this application form for the purpose of including it on the Queensland Government COVID-19 Procurement Supplier Portal Application (Portal). The information contained in the Portal will be able to be viewed by other Queensland Government departments and entities, Government-owned corporations and the general public to enable potential buyers to easily find and buy from suppliers.
DHPW may use your personal information for research, reporting, policy or planning purposes. DHPW may disclose limited personal information to other relevant government and industry entities for the purpose of assessing your application.

Declaration
By submitting this application, I declare that:
  1. I have read and agree to be bound by these Terms and Conditions – Queensland Government COVID-19 Procurement Supplier Portal Application that form part of this application form
  2. I have obtained and will maintain all licences, permits, permissions, approvals, and certificates necessary to supply the products listed under ‘What’s in Demand’
  3. I undertake, on behalf of my organisation, that the organisation complies with the Supplier Code of Conduct and warrant that all information provided in this application is true and correct.