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I have read and agree to the Terms and Conditions Formation and Acceptance The use of the Tenders VIC website (www.tenders.vic.gov.au) (the “Website”) is governed by the following Terms and Conditions, which when accepted constitutes an agreement between the person who wants to use the Website ("you" and "your") and the Crown in right of the State of Victoria ("we", "us" and "our") and is to the benefit of our agents, employees and subcontractors. Your use of the Website indicates acceptance of the following Terms and Conditions. If you do not agree to these Terms and Conditions you should not use the Website. We reserve the right to amend these Terms and Conditions at any time without further notice to you. The Website enables you to: (a) view tender documentation and information; (b) download tender documentation electronically via the Internet; (c) register for briefings; (d) upload tender responses electronically via the Internet; and (e) view details of contracts awarded in accordance with the Victorian Government's Contracts Disclosure Policy. Using the Website You agree that you are solely responsible for the accuracy and completeness of all the information and documentation you provide us using the Website and for the timing of your tender response. You agree to grant us a licence to any information and documentation provided by you using the 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 during your utilisation of the 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 receipt on your Internet browser, which you must print,,confirming receipt of your tender response. You acknowledge that we own the copyright and all other intellectual property rights in the Website. The information you submit to the Website, including information in your tender response must not, in any way whatsoever, be potentially or actually harmful to us or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by us. Without limiting any provision of these Terms and Conditions, the information you submit to the Website including information in your tender response must be up to date, kept up to date and must not: (a) be false, inaccurate or misleading or deceptive; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); (e) be defamatory, libellous, threatening or harassing; (f) be obscene or contain any material that, in our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; (g) contain any content that is prohibited or that, in our sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at <a href="http://www.iia.net.au">http://www.iia.net.au</a>); (h) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or (i) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Links Links are provided from the 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. Security Not withstanding our efforts to ensure that the 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 Website. You agree to comply with those instructions at all times. Warranty You acknowledge that access to the 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 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 Website.  Liability Subject to any responsibilities implied by law that cannot be excluded, we exclude, to the maximum extent possible by law, any and all liability to you for any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs, indirect losses, special damages, consequential losses, loss of income, savings or profits, loss of data) whatsoever arising out of or attributable to: (a) any content, or other material or loss or corruption of documents or information provided by us or any third party (including but not limited to any local government authority); or (b) your use of the Website, whether such liability arises in contract, tort (including negligence), statute or otherwise and whether known or unknown, suspected or unsuspected, disclosed or undisclosed. 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 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, without limitation, 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, electronic malfunction, electrical outages interruptions or shortages, computer processing or computer systems failure. Indemnity 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. Notices 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 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 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 Melbourne) after we post the notification to you. No Agency No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by these Terms and Conditions. In particular you have no authority to bind us, our related entities or affiliates in any way whatsoever. General You acknowledge that all information contained in the Website is subject to change without notice. You will comply with all laws that apply to you in relation to your use of the 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 Victoria. You submit to the non-exclusive jurisdiction of the State of Victoria. You acknowledge that local government authorities tender requests will be made available for download on the 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 enforced. 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.   Terms and Conditions The Department of Treasury and Finance (DTF) TendersVIC website (<a href="http://www.tenders.vic.gov.au">www.tenders.vic.gov.au</a>) uses non-identifying data to record a user's activity on the Internet, including <ul type="disc"> <li>every page of this website that the user visits;</li> <li>how long the user was on a page or site; and</li> <li>in what order the pages were visited.</li> </ul> The TendersVIC website uses software to monitor user activity. When an individual visits the site to read or download information, the software records only their server address, domain name, the date and time of their visit as well as duration of their visit and the information downloaded. This information is non-identifying and is used for statistical and web-development purposes only. 'Cookies' are used to gather statistical information that will assist in understanding what users find interesting and useful on our website. These cookies are known as your 'Unique Visitor Cookie', a small piece of data, identifying you only by random number (e.g. #12489). No personal information is collected about the user through cookies. This numerical data is sent to the user’s browser from a Web server and then stored onto the user’s computer hard drive. Through modification of browser preferences, a user can elect to accept all cookies, receive notification when a cookie is set, or decline all cookies. The website also uses Google Analytics to track the number of unique visitors to the website. This software stores a cookie in your browser, which contains a unique identifier, and sends information to Google Analytics. In no way does this software identify a visitor personally. DTF does not reconcile any data collected by Google Analytics with any personal information. Individuals can access and browse the DTF website without disclosing personal information. Personal information is collected when users register to access secured pages. Any personal information collected via the DTF website is used, disclosed and stored in accordance with this Privacy Statement. This Privacy Statement applies only to the DTF TendersVIC website (www.tenders.vic.gov.au). When linking to other sites from this website, it is recommend that users familiarise themselves with each site's privacy policy. DTF is committed to respecting the rights of individuals’ privacy of their personal information, in accordance with the Information Privacy Act 2000 (Vic). DTF has policies and procedures in place for the management of personal information, and programmes in place to ensure staff are appropriately trained. Personal information is any information or an opinion (including information or an opinion forming part of a database) that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Sensitive information is a special category of personal information. It is defined as information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or criminal record. Health information is personal information or an opinion about: <h3>Respecting privacy</h3>  DTF is committed to respecting the rights of individuals’ privacy of their personal information, in accordance with the Information Privacy Act 2000 (Vic). DTF has policies and procedures in place for the management of personal information, and programmes in place to ensure staff are appropriately trained.   <h3>What is personal information?</h3>  Personal information is any information or an opinion (including information or an opinion forming part of a database) that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.   <h3>What is sensitive information?</h3>  Sensitive information is a special category of personal information. It is defined as information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or criminal record.   <h3>What is health information?</h3>  Health information is personal information or an opinion about: <ul> <li>the physical, mental or psychological health of an individual;</li> <li>a disability (at any time) of an individual;</li> <li>an individual’s expressed wishes about the future provision of health services to him or her; or</li> <li>a health service provided, or to be provided, to an individual.</li> </ul>  Collecting personal information  As DTF is a government department with a range of functions, it collects a variety of personal information. DTF collects and holds personal information about individuals, who are either currently engaged, or are seeking to be engaged, by DTF for a specific purpose. These include individuals who are job applicants, employees, tenderers, contractors, Board appointees and purchasers, landlords and lessees of government land. The personal information collected from these individuals is used to evaluate their capability and/or financial capacity to meet DTF requirements and/or contractual obligations, and to manage any ongoing relationship with the individual. DTF also collects personal information from other sources such as drivers and purchasers of DTF vehicles (to manage the DTF fleet of vehicles), training course participants (to manage training programmes), owners of, and applicants for, unclaimed moneys (as required by law) and authors of letters from the public (to investigate their enquiries and respond). In the majority of cases, DTF collects personal information direct from the individual. Personal information is also collected from third parties, such as outsourced service providers, recruitment agencies, former employers and/or referees. If individuals do not provide their personal information for the purposes described, DTF may not be able to accurately assess the individuals’ capability and/or financial capacity to undertake the activities DTF requires, or for DTF to effectively provide the required service to those individuals. DTF uses personal information only for the purpose for which it was collected, or a related purpose that an individual would reasonably expect their personal information to be used for. DTF may disclose personal information to outsourced service providers for the performance of their services, to nominated referees of job applicants and tenderers, to other public sector entities (where necessary to enable DTF to perform its functions), or to an organisation where a law requires such disclosure. Outsourced service providers engaged by DTF are required to comply with the requirements of the Information Privacy Act 2000 (Vic). DTF will take reasonable steps to ensure that the personal information it collects is accurate, complete and up-to-date before using it. DTF holds personal information in both electronic and paper-based form. DTF has security processes in place to protect this information from misuse and loss, and from unauthorised access, modification or disclosure. These processes include: <h3>Consequences of not providing personal information</h3>  If individuals do not provide their personal information for the purposes described, DTF may not be able to accurately assess the individuals’ capability and/or financial capacity to undertake the activities DTF requires, or for DTF to effectively provide the required service to those individuals.   <h3>Using and disclosing personal information</h3>  DTF uses personal information only for the purpose for which it was collected, or a related purpose that an individual would reasonably expect their personal information to be used for. DTF may disclose personal information to outsourced service providers for the performance of their services, to nominated referees of job applicants and tenderers, to other public sector entities (where necessary to enable DTF to perform its functions), or to an organisation where a law requires such disclosure. Outsourced service providers engaged by DTF are required to comply with the requirements of the Information Privacy Act 2000 (Vic).   <h3>Keeping personal information up to date</h3>  DTF will take reasonable steps to ensure that the personal information it collects is accurate, complete and up-to-date before using it.   <h3>Keeping personal information secure</h3> DTF holds personal information in both electronic and paper-based form. DTF has security processes in place to protect this information from misuse and loss, and from unauthorised access, modification or disclosure. These processes include: <ul type="disc"> <li>storage of paper-based documents containing personal information in locked cabinets or in secure areas which are accessible only to authorised personnel;</li> <li>use of computer passwords, automated password reset prompts and time-out screen savers to ensure only authorised personnel have access to computer files;</li> <li>use of virus protection software; and</li> <li>providing physical security for DTF buildings to limit access to authorised personnel only.</li> </ul> Please note that there are always risks when information is transmitted electronically (i.e. via the internet and including any requests via the Feedback form). If you are concerned that the information that you are sending is sensitive or confidential then you might prefer to discuss this with the Department's Privacy Officer on (613) 9651 5218 prior to sending.   <h3>Gaining access to personal information</h3>  Should an individual wish to gain access to, or correction of, their personal information held by DTF, the individual may contact the person within DTF who holds the information, or if that person is not known, they should contact the Privacy Officer.   <h3>How to make privacy enquiries</h3> <ul> For general enquiries relating to privacy issues, contact: Mr Mel Humphreys-Grey Privacy Officer Department of Treasury and Finance 1 Macarthur Street MELBOURNE VIC 3000 </ul> Email: <a title="[email protected]" target="_top" href="mailto:[email protected][email protected]">[email protected]</a> Telephone: (613) 9651 5218 and Privacy Policy

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