Digital Marketplace Terms of Use

Introduction

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These Terms of Use govern all access to and use of the Digital Marketplace and constitute a binding legal agreement between you, your entity and the Digital Transformation Agency (DTA). By accessing the Digital Marketplace, you agree to be bound by these Terms of Use and comply with the included Code of Conduct, whether or not you become a registered buyer or seller. If you do not agree to be bound by all these Terms of Use, do not access or use the Digital Marketplace.

The DTA may change these Terms of Use from time to time and will advise registered buyers and sellers of any changes by email or other means.

If you have any questions or feedback about these Terms of Use, please email us at marketplace@digital.gov.au.

The meaning of words in bold can be found in the definitions section.

Security

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We apply a range of security controls to protect the Digital Marketplace from unauthorised access, as described in our security statement. However, you agree that:

  • The World Wide Web is an unsecure public network.
  • There is a risk that your transactions may be seen, intercepted or modified by third parties.
  • Downloadable files may contain computer viruses, spyware, malware, disabling codes, worms or other devices or defects.

We accept no liability for any interference with, or damage to, your computer system, software or data or any loss occurring in connection with, or relating to, this website or its use. You should take appropriate and adequate precautions to prevent damage to your computer system, software or data. For more information we recommend reading Protecting Yourself Online (PDF 2.7MB).

Registration

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Buyers

At the current time, only government entities, or other entities expressly authorised by the DTA, can be a buyer in the Digital Marketplace. To create a buyer account you must be a government employee, or a contractor engaged to act on behalf of a local, state, territory or federal government entity, and require access to the Digital Marketplace to perform your role.

By accessing the Digital Marketplace you are representing to the DTA that you are authorised to act on the behalf of your entity.

Sellers

When you create a seller account you are responding to a Request for Proposal for the Digital Marketplace Panel published on AusTender

To be a seller you must be a registered ABN holder in Australia or a legitimate overseas business.

Termination

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The DTA may terminate your access to the Digital Marketplace at any time for any reason. The DTA will not be liable for any loss you have.

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

Notifications

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If you register as a buyer or seller on the Digital Marketplace you may receive contact from the Digital Marketplace by email, or other means.

Email notifications are the primary form of contact between the Digital Marketplace and registered buyers and sellers. The email address you have provide when registering will be used for this correspondence.

The DTA does not accept any responsibility or liability for any loss to you caused by the delay or failure of delivery of emails from the Digital Marketplace for any reason.

Code of Conduct

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Digital Marketplace buyers and sellers must act ethically, reasonably, with integrity, and in accordance with applicable laws at all times they use the Digital Marketplace. Any violation of this code of conduct may result the suspension or deletion of your account at the absolute discretion of the DTA. The DTA will not be liable for any loss you have.

Buyers

The Digital Marketplace is designed to make it easier to comply with the Commonwealth Procurement Rules but ultimately, as a buyer, you are still responsible for compliance with these rules and all other applicable laws, regulations, policy or instructions that apply in your entity in your situation.

You must take reasonable steps to ensure your compliance with relevant requirements, including consulting the relevant finance or procurement team in your entity, where appropriate.

As a buyer, after signing in, you will have access to a variety of confidential information relating to sellers and opportunity briefs. Confidential information must not be disclosed to any person who does not have a need to know and who is not directly involved in the proposed procurement. This information must only be used for reasonable purposes relating to the proposed procurement.

You agree to comply with the APS Values and Code of Conduct (or the relevant code of conduct for your local, state or territory workplace) in all your activities relating to the Digital Marketplace.

Sellers

All information you provide as a seller, whether in the Digital Marketplace registration process, or to prospective buyers in response to opportunities, must be complete, accurate and not misleading, nor contain any material omissions. The DTA reserves the right to verify any information you have provided, at any time.

As the Digital Marketplace is all about creating beneficial connections, your interactions must be businesslike and of a professional standard. Any content or links you upload to the Marketplace, as well as any correspondence with us or with any buyer, must be free from threats, harassment or obscenity.

Licence and usage

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By using the Digital Marketplace you agree from acceptance of these Terms of Use to provide a non-exclusive, fully paid-up, irrevocable, perpetual, worldwide, licence to the DTA to reproduce and use all information provided, including any third-party material, for the purposes of the Digital Marketplace, which may include analysis and promotion.

You must make sure any information you provide is true, to the best of your knowledge and belief. If you provide third-party information, you must make sure it does not breach the third-party’s intellectual property rights.

Any personal information you provide when using the Digital Marketplace will be handled in accordance with our Privacy Statement.

Disclaimer

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The Digital Marketplace is made up of content — information, data, documents, pages, video and images — published by the DTA as well as by buyers and sellers. The DTA does not guarantee any material on the Digital Marketplace is true and correct at the date of publication or afterwards.

The DTA does not necessarily endorse published material or any views expressed in the material.

To the maximum extent permitted by law, the DTA disclaims all and any guarantees, undertakings and warranties, express or implied, and will not be liable for any loss or damage whatsoever arising out of or in connection with, any use of or reliance on the material on the Digital Marketplace.

Inquiries regarding the licence or any use of Digital Marketplace materials should be directed to: marketplace@digital.gov.au.

Indemnity

Back to top of page You must at all times indemnify and hold harmless the DTA and our personnel and keep them indemnified from and against all loss (including reasonable legal costs and expenses) or liability incurred by those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where that loss or liability arose out of, in relation to:

  1. Any breach of these Terms of Use by you.
  2. Publication of or distribution of the material or information supplied by you.

Linking and syndication

You may insert a link to the Digital Marketplace from another website. If you do so, it is at your own risk and the DTA will not be held liable for any expense incurred by you or any other person or entity as a result of the link.

You must not:

    1. Alter any of the Digital Marketplace content.
    2. Frame or reformat the files, pages, images, information and content from the Digital Marketplace on any other website.
    3. State or imply that the DTA endorses your website, products or services.

Jurisdiction

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These Terms of Use are governed by the laws of the Australian Capital Territory (ACT), Australia. Any dispute must be heard in the courts of the ACT.

If the ACT court finds any of these Terms of Use invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue to apply in full.

Definitions

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The words in bold have the meaning given below.

buyer means an entity registered as a buyer on the Digital Marketplace.

confidential information means information that is by its nature regarded in law as confidential, and which:

  • Is designated by a party as confidential
  • Is described in the work order as confidential
  • Is agreed in writing by the parties as confidential
  • A party knows or ought to know is confidential

It does not include information that is, or becomes, public knowledge other than by breach of this agreement or a work order or any other confidentiality obligation.

Commonwealth means the Commonwealth of Australia.

consequential loss means any loss recoverable at law (other than arising in the usual course of things) including:

  1. a loss of income or revenue
  2. a loss of opportunity or goodwill
  3. a loss of profits
  4. a loss of anticipated savings or business
  5. a loss of value of any equipment

content includes information, data, documents, pages and images.

Digital Marketplace is the online procurement platform located at https://marketplace.service.gov.au/ managed by the Digital Transformation Agency.

DTA means the Commonwealth represented by the Digital Transformation Agency.

entity means a person, partnership, organisation, or business that has a legal and separately identifiable existence.

government employee includes a person engaged under the Public Service Act 1999 (or equivalent state or territory legislation).

loss means loss, damage, cost or expense (to any person or property) including consequential loss or indirect loss or any loss of profits, data or revenue.

our, us and we means the Commonwealth of Australia represented by the Digital Transformation Agency.

personnel means, in relation to a party, any natural persons who are employees, officers, agents, contractors, subcontractors or professional advisers of that party.

seller means a business who offers their products or services on the Digital Marketplace.

user means any Digital Marketplace visitor or person (including an individual or a body corporate) that represents a buyer or seller.

work order means a contract formed between a buyer and a seller under this agreement for the provision of services, or products, or both.

you and your means the user and the entity which the user represents on the Digital Marketplace.



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