Terms and Conditions of Use
1.1 Acceptance of this agreement constitutes a binding agreement between the "Participant" and NSW Department of Finance, Services & Innovation, NSW Procurement "NSW Procurement" for access and acceptable use of the system.
1.2 The "System" NSWBuy is defined as any system utilised by NSW Procurement, to provide procurement services to the NSW Government and its eligible customers.
1.3 NSWBuy may consist of multiple components that may vary as defined on the website for NSW Procurement http://www.procurepoint.nsw.gov.au
1.4 This agreement may be varied by NSW Procurement at any time without notice and must be accepted as a condition of login to the system.
2. Authorisation and Usage
2.1 NSW Procurement may provide limited access to NSWBuy or parts of the system for public use.
2.2 The Participant may be required to provide identity in the form of a valid email address to access information on NSWBuy.
2.3 The Participant may be granted further access to NSWBuy at the discretion of NSW Procurement to perform various tasks and must carry out those tasks in accordance with guidelines and training material provided by NSW Procurement.
2.4 The participant must:
2.4.1 Have in place procedures to prevent unauthorised access by any person granted access by their organisation.
2.4.2 Make all reasonable efforts to ensure any information (including documents and images) that it transmits via the system will be appropriate, free of viruses, worms, trojans or other malicious programs that are capable of causing damage to the System or to the computers or systems of recipients.
2.4.3 Make all reasonable efforts to ensure their systems are kept secure.
2.4.4 Notify NSW Procurement immediately of any security breaches or threats that could impact NSWBuy.
2.4.5 Ensure that passwords for access to NSWBuy are kept secure and not shared with other persons.
2.5 The Participant is responsible for accuracy of any information that is transmitted by them through NSWBuy.
2.6 The Participant must not intentionally, recklessly or negligently interfere with any other parties' use of NSWBuy.
2.7 The Participant must not use NSWBuy to defame, threaten, menace or infringe on the rights of any party or to commit any breach of law or provide any unsolicited messages or material.
2.8 The Participant does not acquire any ownership rights to the content accessed through NSWBuy and is prohibited from copying or distributing the information.
2.9 NSW Procurement may at its discretion limit the Participants access to NSWBuy at any time.
2.10 Unauthorised use or exploitation of the system is prohibited and may result in suspension of access or criminal charges.
3. NSW Procurement Obligations
3.1 NSW Procurement will endeavour where reasonably practicable notify the Participant of any:
3.1.1 Changes, upgrades or alterations to NSWBuy or its functionality.
3.1.2 Outages or problems that occur with NSWBuy that may impact use of the system.
3.2 NSW Procurement agrees to provide access to a help desk support function to provide assistance with the use and technical support of the NSWBuy system.
3.3 NSW Procurement will utilise currently recognised security standards in the implementation of NSWBuy security including testing and use of secure internet protocols where applicable.
3.4 NSW Procurement requires a minimum specification for equipment to access the NSWBuy system which may vary and will be stated on NSW Procurement's website.
3.5 NSW Procurement will provide access for information such as catalogues, documents or the transfer of information between parties to occur via the NSWBuy system, and reserves the right to audit, review, retain or aggregate this information for reporting purposes.
3.6 NSW Procurement liability shall be limited to the Loss or consequential loss of re-performance of the service or payment of the cost of re-supply of the service.