ProjectConnect Website Terms of Use
1 About this website
The ProjectConnect website is owned and operated by the Chamber of Commerce and Industry of Western Australia (Inc) (ACN 929 977 9857) (trading as ProjectConnect) under the domain name www.projectconnect.com.au.
Your use of the Content on the ProjectConnect website is governed by these Terms of Use and our Privacy Policy. By using the ProjectConnect website, you agree to be bound by these Terms of Use
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2 Links to other websites
The ProjectConnect website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.
3 Information available on the ProjectConnect website
3.1 No warranties
While ProjectConnect has taken reasonable steps to ensure the information provided on this website is accurate and up to date, ProjectConnect does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the ProjectConnect website.
It is solely your responsibility to evaluate and verify the accuracy, completeness and usefulness of all information provided on the ProjectConnect website.
3.2 No endorsement of projects
The ProjectConnect website provides general information, provided by third parties who may have no connection with ProjectConnect, about project opportunities that may be available in Western Australia. The ProjectConnect Website is a service that provides a means for parties interested in project opportunities to make contact with each other.
ProjectConnect does not endorse or recommend any of the projects or opportunities advertised on the ProjectConnect website. You are solely responsible for evaluating the information provided.
We recommend that you obtain independent professional advice as appropriate before making any decisions regarding submitting any project information or applying to be involved in any project.
Subject to any applicable law which cannot be excluded, in no event will ProjectConnect be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Project Connect website.
3.3 Information does not represent professional advice
All Content on the ProjectConnect website, including content provided by third parties or other users of the website, is provided for general information purposes only. The Content does not constitute financial advice, investment advice, or advice regarding a project, and it does not take into account your specific project capabilities or needs.
3.4 No guarantees of project availability
ProjectConnect gives no guarantee to you of the continued availability of any particular project opportunity advertised on the ProjectConnect website, and will not be liable to you should the project opportunity cease to become available at any time prior to removal of the advertisement from the ProjectConnect website.
While ProjectConnect takes efforts to ensure that projects advertised are for actual project opportunities, it gives no guarantee to you that every project advertisement represents an actual project opportunity.
4 Availability of the ProjectConnect website
As electronic services are subject to interruption or breakdown, access to the ProjectConnect website is offered on an “as is” and “as available” basis.
We do not guarantee that access to the ProjectConnect website will function as intended or be uninterrupted.
We do not represent or warrant that the Content on the ProjectConnect website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.
We may withdraw the ProjectConnect website at any time and without notice to you. We may limit or restrict the use you make of the ProjectConnect website.
All Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice.
5 Purchases and other terms
5.1 Additional terms
In addition to these Terms of Use, other terms of use or conditions may apply if you register your details for the purpose of accessing additional services that are only available to registered users of the ProjectConnect website (ProjectConnect Services). By registering your details, you agree to be bound by these additional terms.
If there is a conflict between these Terms of Use and the terms applicable to a specific part of the ProjectConnect website or for any product or service offered through the ProjectConnect website, the latter terms will prevail with respect to your use of that part of the ProjectConnect website or the specific product or service.
5.2 ProjectConnect’s products and services
ProjectConnect’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the ProjectConnect website alters such agreements.
ProjectConnect may make changes to any products or services offered on the ProjectConnect website, or to the prices for those products or services, at any time, without notice. Content on the ProjectConnect website relating to products and services may be out of date, and ProjectConnect makes no commitment to update such Content.
6 Your information
6.1 Our rights to use information you send us
You agree that we may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the ProjectConnect website (such as bulletin boards, forums and newsgroups) or by email to ProjectConnect. (Please read our privacy policy for more information as to how we deal with information you send to us.)
6.2 No guarantees as to security of your information
While ProjectConnect takes all reasonable care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on ProjectConnect systems or on the ProjectConnect website. ProjectConnect disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
6.3 No misrepresentations allowed
You must not, through any act (including but not limited to applying to take part in a project advertised on the ProjectConnect website) or omission, mislead or deceive others, or attempt to do so
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7 Restrictions on your use of the ProjectConnect website
7.1 No lifting of Content
You must not use any robot, spider, screen scraper, data aggregation tools, deep-link or other automatic or manual process to access, monitor, copy or extract any part of the ProjectConnect website or any Content; or to in any way reproduce or circumvent the navigational structure or presentation of the ProjectConnect website or any Content; or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the ProjectConnect website.
7.2 No hacking
You must not attempt to gain unauthorised access to any part of the ProjectConnect website, or any other systems or networks connected to the ProjectConnect website, or to any ProjectConnect server, or to any of the products or services offered through the ProjectConnect website, by hacking, password “mining” or any other illegitimate means.
You must not probe, scan or test the vulnerability of the ProjectConnect website or any network connected to the ProjectConnect website. You must not breach the security or authentication measures on the ProjectConnect website or any network connected to the ProjectConnect website.
7.3 No interference or overloading
You must not interfere or attempt to interfere with the proper working of the ProjectConnect website or any transaction being conducted on the ProjectConnect website, or with any other person’s use of the ProjectConnect website.
You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ProjectConnect website or ProjectConnect’s systems or networks, or any systems or networks connected to the ProjectConnect website or to ProjectConnect.
7.4 No unlawful use
You must not use the ProjectConnect website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ProjectConnect or others.
8 Intellectual property rights
8.1 Our Content
All intellectual property rights in the Content are owned or licensed by ProjectConnect.
ProjectConnect grants you a limited, revocable, non-sub licensable licence to view the Content solely for your personal use in connection with using the ProjectConnect website.
Except where necessary for viewing the Content on the ProjectConnect website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without ProjectConnect’s specific prior written consent.
8.2 Proprietary marks
"ProjectConnect", and all associated trademarks, are trademarks of ProjectConnect.
You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the ProjectConnect website.
9 Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, ProjectConnect and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the ProjectConnect website, to any material on linked websites, or to your access or use of the ProjectConnect website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the fullest extent possible.
10 Indemnity
You indemnify ProjectConnect in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with your breach of these Terms of Use or your use of the ProjectConnect website.
11 Linking to the ProjectConnect website
Please contact ProjectConnect if you would like to place a link to any part of the ProjectConnect website.
12 Acceptance and changes to these Terms of Use
Your use of the ProjectConnect website constitutes your acceptance of these Terms of Use. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the ProjectConnect website. You accept that by doing this, we have provided you with sufficient notice of the variation.
13 Jurisdiction
The law applicable to the ProjectConnect website and to disputes arising from or in connection with the ProjectConnect website is the law of the State of Western Australia, Australia.
You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.
14 Definitions
The meanings of the terms used in this document are set out below:
ProjectConnect, our, us or we means the Chamber of Commerce and Industry of Western Australia (ACN 929 977 9857), trading as ProjectConnect.
Content means all information (such as data files, written text, forms, graphics and other images) which you may have access to as part of, or through your use of the ProjectConnect website.
ProjectConnect Services is defined in clause 5.
Terms of Use means these Website Terms of Use.
you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.
15 ProjectConnect Management System Access
Project owners and/or their contractors are provided access to ProjectConnects Management System to list their supply opportunities on the condition they agree to;
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Provide information on a significant portion of their project’s procurement opportunities.
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Ensure that a majority of listed opportunities are open to “Full Package” suppliers that are able to provide the complete good or service.
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Only list opportunities for “2nd Tier Only” registration in the event that the good or service will not be tendered (e.g. sole sourced, in-house supply).
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Allow sufficient time for suppliers to register interest against listed opportunities Allow sufficient time for the project’s buyers to consider suppliers that have registered for possible inclusion in tender lists.
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Provide sufficient resources to ensure project and procurement information is up-todate.
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Publish the names of successful tenderers and their contact details once known to support 2nd tier supplier engagement.
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Support the objectives set out in the Australian Industry Participation National Framework (AIP National Framework) AIP National Framework signed by Australian, State and Territory Industry Ministers in April 2001. To obtain details on the AIP National Framework please visit www.innovation.gov.au
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