1. You must agree to these
Terms of Use
These
terms of use (Terms of Use) contain important information about this
local procurement portal (Portal). To continue using this Portal you
must agree to these Terms of Use by ticking the box below.
2. Definitions
Unless
otherwise specified or required by the context, any reference in this Portal
to:
(a) Affiliate means, in reference
to a Person, any other Person that:
(i)
directly
or indirectly controls or is controlled by the first Person; or
(ii)
is
directly or indirectly controlled by a Person that also directly or indirectly
controls the first Person.
A Person controls another Person if that first Person has
the power to direct or cause the direction of the management of the other
Person, whether directly or indirectly, through one or more intermediaries or
otherwise, and whether by ownership of shares or other equity interests, the
holding of voting rights or contractual rights, by being the general partner of
a limited partnership, or otherwise. An Affiliate of Shell QGC is also an
Affiliate of Royal Dutch Shell, plc.
(b) Person means:
(i)
a
natural person; or
(ii)
a
legal person, including any individual, partnership, limited partnership, firm,
trust, body corporate, government, governmental body, agency, or instrumentality,
or unincorporated venture.
(c)
Shell
QGC means
a member of the company structure incorporating QGC Pty Limited and Shell
Australia Pty Ltd, including any Affiliate of QGC Pty Limited or Shell
Australia Pty Ltd, and any joint venture (including unincorporated joint venture)
managed or operated by QGC Pty Limited, Shell Australia Pty Ltd, or an
Affiliate of QGC Pty Limited or Shell Australia Pty Ltd.
(d) You or your means
the relevant Person that is accessing all or part of this Portal.
3. General
Shell
QGC has introduced this Portal to allow businesses to view expressions of
interest (EOIs) for goods and/or services required by Shell QGC from
time to time, and to allow eligible businesses (i.e., those that have completed
the registration process) to submit responses to those EOIs.
Shell
QGC will decide, in its absolute discretion, which businesses that have
responded to an EOI will be invited to respond to a Request
Document issued by Shell QGC for the supply of
goods/services that it requires. Such Request Document may
be a request for information (RFI), a request for proposal (RFP),
a request for tender (RFT), a request for quote (RFQ) or any
other form of request document issued by Shell QGC.
Uploading
or posting a response to an EOI does not make you a supplier of Shell QGC nor does it (a) guarantee that Shell QGC will invite you to
respond to a Request Document; or (b) that Shell QGC will enter into a contract
with you, whether by issuance of a purchase order, written agreement or other
arrangement. Shell QGC reserves its absolute discretion in
respect of these matters and will have no liability to you whatsoever as a
result of any decision to whether or not to award or enter into a contract to
you.
If,
however, you are successful in your response to a Request Document, you are
still required to satisfy Shell QGC's other conditions before you can supply
goods/services to Shell QGC, including completion of any supplier
pre-qualification tests such as assessment through the Shell Supplier
Qualification System (SQS) (at your cost). More information on becoming
a supplier for Shell can be found here: https://www.shell.com.au/sustainability/supplying-to-shell-australia/becoming-a-supplier.html.
You,
as one of Shell QGC's potential suppliers, play a vital role in
helping Shell QGC deliver on the promises it makes. You must ensure that you comply or otherwise act in a
manner consistent with Shell QGC's policies entitled "Shell General Business
Principles" (www.shell.com/sgbp), and the
"Shell's Supplier Principles" (www.shell.com/suppliers).
4. You must keep your
account details safe
When
or if Shell QGC provides you with a user identification code, password or other
piece of information as part of Shell QGC's security procedures to enable you
to access areas of this Portal or other content or services, you must treat
such user identification code, password and information as confidential and not
disclose them to any other person.
Shell
QGC reserves the right to disable any user identification code or password,
whether chosen by you or allocated by Shell QGC, at any time, if in Shell QGC's
reasonable opinion you have failed to comply with any of the provisions of
these Terms of Use.
If
you know or suspect that anyone other than yourself has become aware of your
user identification code or password, you must promptly notify Shell QGC.
5. What Shell QGC may do
Shell
QGC:
(a) may amend these Terms of
Use in its absolute discretion at any time by publishing a revised version of
the Terms of Use on this Portal. Every time you wish to use this Portal,
please check these Terms of Use to ensure you understand the terms that apply
at that time;
(b) does not guarantee that
this Portal, or any content on it, will always be available or be
uninterrupted. Shell QGC may suspend, withdraw or restrict the
availability of all or any part of this Portal in its absolute discretion at
any time; and
(c) may update and change
this Portal in its absolute discretion at any time.
6. Using this Portal
When
using this Portal and participating in any EOI made available on this Portal
you must not:
(a) create or impersonate
another person or entity, or misrepresent your or their authority to act;
(b) make any false or
misleading claim, statement or other representation;
(c) violate any applicable
laws, including laws regarding the offering of bribes (including facilitation
payments) or inducements;
(d) do anything which will
or might disrupt access to, or interfere with the proper operation of this
Portal, or any transaction being conducted on it;
(e) misuse this Portal by
knowingly introducing viruses, trojans, worms, logic bombs or other material that
is malicious or technologically harmful;
(f) attempt to gain
unauthorised access to any part of this Portal that is restricted from general
access or which you do not have access to, the server on which this Portal is
stored or any server, computer or database connected to this Portal;
(g) attack this Portal via a
denial-of-service attack or a distributed denial-of-service attack;
(h) upload, post or send any
'spamming material' or any other form of bulk communication;
(i) undermine or attempt to
undermine the security or integrity of the computing systems or networks
associated with this Portal or Shell QGC IT systems;
(j) attempt to
decompile, or reverse-engineer any part of this Portal;
(k) do anything which
breaches or infringes Shell QGC's intellectual property rights in any way; or
(l) upload or post any
content in violation of applicable laws or the rights of any other person,
including material which is protected by copyright, material that is defamatory,
threatening or obscene, or material protected by trade secrets or privacy.
If
Shell QGC, in its reasonable opinion, believes you have breached or attempted
to breach any of these provisions, Shell QGC reserves the right to:
(a)
report
this to the relevant law enforcement or regulatory authorities (if appropriate)
and will co-operate with those authorities, including the disclosure of any
personal or business information you have provided to us (including your
identity) if requested; and
(b)
immediately
remove your access to and right to use this Portal and prevent you from
re-registering.
7. Indemnity and exclusion
of liability
To
the maximum extent permitted by law, Shell QGC:
(a) excludes all implied
conditions, warranties, representations or other terms that may apply to this
Portal or any content on it; and
(b) will
not be liable to you for any loss or damage (including for any indirect or
consequential loss) whether in contract, tort (including negligence) breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with your:
(i) access to, termination
of access to, use of or inability to use, this Portal;
(ii) use of, or reliance on,
any content displayed on this Portal; and
(iii) breach of these Terms of
Use or any other legal obligation you have,
and
you agree to release, indemnify and hold harmless any of Shell QGC (and its
directors, employees, agents, contractors and Affiliates) from and against any
such loss or damage suffered.
8. Intellectual property
Shell
QGC is the owner or the licensee of all intellectual property rights in this
Portal, and in any content published on it. You must not reproduce,
alter, modify or disseminate any part of the content of this Portal (including
any trademarks or logos) without the prior written consent of Shell
QGC. All intellectual property rights are expressly reserved by their
respective owner. In the event of a breach of this provision, your
right to use this Portal will cease immediately.
9. Links from this Portal
Where
this Portal contains links to other websites and resources provided by third
parties (which Shell QGC may amend from time to time), these links are provided
for your information only and such links should not be interpreted as
endorsement or approval by Shell QGC of the content of those linked websites or
resources or information you may obtain from them. Shell QGC has no control of
those websites and resources and will not be responsible for the security,
content, accuracy or otherwise of those websites or resources or information
obtained from them.
10. Linking to this Portal
You
are not permitted to establish a link to this Portal in any website without the
prior written consent of Shell QGC, such consent being in Shell QGC's absolute
discretion and on whatever terms and conditions Shell QGC may think
appropriate. Shell QGC reserves the right to withdraw any consent granted
without notice.
11. Do not rely on information
on this Portal
Although
Shell QGC makes reasonable efforts to update the information on this Portal,
Shell QGC makes no representations, warranties or guarantees, whether express
or implied, that the content on this Portal is accurate, complete, up to date
or useful for any particular purpose.
12. Privacy Statement
Shell QGC will process personal information that
you upload or post to this Portal (including as part of your registration or in
your responses to EOIs) in accordance with the Shell Privacy Notice, which is
available at:
https://www.shell.com/privacy/b2b-notice.html, except that any reference to "supplier"
in that notice is replaced with "potential supplier".
13. Rights you are giving us
to use material you upload or post to this Portal
You
grant to Shell QGC a worldwide, irrevocable, non-exclusive, royalty-free
licence to use, edit, reproduce, adapt, publish, translate and distribute by
any existing or future means any information/material you provided to us
through this Portal for the purpose of evaluating your capability to supply
goods and/or services to Shell QGC and to enable Shell QGC to collect, store
and analyse this information/material for the purposes of internal analysis and
reporting. Any external reports we prepare from the information you
have provided to us will only contain non-identifying aggregated information.
14. Shell QGC not
responsible for viruses
Shell
QGC does not guarantee that this Portal will be secure and free from bugs or
viruses. You should use your own virus protection software.
You
are responsible for configuring your information technology, computer
programmes and platform to access this Portal.
15. Governing Law
These
Terms of Use, your registration on and use of the Portal are governed by the
laws of the State of Queensland. You agree to submit to the non-exclusive
jurisdiction of the Courts exercising jurisdiction there in connection with
matters concerning these Terms of Use.
16. Where Portal is hosted
This
Portal is hosted in Amazon Web Services (AWS), Sydney.