eSupplier Portal is the e-Tendering system provided by The Jockey Club Kau Sai Chau Public Golf Course Limited (“JCKSC”) to manage and facilitate JCKSC’s request for quotation / tender issuance and submission process. PLEASE READ THE FOLLOWING TERMS OF USE. BY ACCESSING AND/OR USING eSupplier Portal, YOU AGREE TO COMPLY WITH THESE TERMS OF USE.
The following words have the following meanings in these Terms of Use:
|
“Authorised User” : |
means supplier’s representative whom you have
identified to JCKSC that he/she is authorised to login to eSupplier Portal on your behalf |
|
“Content”: |
means all information, data, documents, text,
software, music, sound, photographs, graphics, video, messages or other
materials displayed on or made available through the eSupplier Portal |
|
“eSupplier Portal”
: |
means
the e-Tendering system designed for the purposes as set out in Clause 2
Introduction to eSupplier Portal |
|
“Purchase Order” : |
means a purchase order issued by us |
|
“Registered
Supplier”: |
means
a supplier or contractor who has successfully registered with us and is
qualified to tender for relevant goods and services with us |
|
“RFQ”
: |
means
any request for quotation issued by us |
|
“System”: |
means
the totality of the hardware, software and all associated intellectual
property owned, developed and maintained by us or licensed to us which makes
use of the internet and related technology in order to make eSupplier Portal functional |
|
“Tenders”: |
means
any tender issued by us |
|
“Terms
of Use”: |
mean
these terms of use as amended from time to time |
|
“RFQ
Offer and Tender Offer”: |
means
any offer for supply of goods or provision of services in response to Tender
and RFQ |
|
“we”,
“our” or “us”: |
means
The Jockey Club Kau Sai Chau Public Golf Course Limited |
|
“you”
or “your”: |
means
suppliers using eSupplier Portal |
eSupplier Portal serves as a platform for the following purposes:
a.
for the application to register as a supplier to us
b.
for a Registered Supplier to manage the login
account details;
c. for our posting or communication of an intended procurement for the supply of goods and/or
services to us, including but not limited to invitations to tender, RFQ and/or Purchase Order; us.
d. for the
submission of Tenders, proposals, quotations, as well as related or similar
documents and information by suppliers;
e.
other related purposes as determined by us.
3.1.
By submitting your registration via eSupplier Portal, you agree
to (1) provide true, accurate, current and complete information about your
organization and yourself; and (2) promptly update any changes to the information submitted via the eSupplier Portal to ensure that it will continue
to be true, complete and accurate.
3.2.
We shall not be held liable for any error, misstatement,
inaccurate, incomplete or outdated
data provided by the Registered Supplier.
3.3.
If any information provided is found to be untrue,
inaccurate, not current or incomplete, we
reserve the right to suspend or
terminate your registration (in the case of new registration) and/or refuse any
and all current or future use of the eSupplier Portal (or any portion of it) (in the case
you are registered with eSupplier Portal).
3.4.
If a user has submitted the registration with us on
behalf of a company or other entity, then such user represents and warrants
that he/she is an Authorised User and has the authority to bind such company or other
entity to these Terms of Use.
3.5.
Forms for application as Registered Suppliers
and the supporting documents submitted through eSupplier Portal will be processed
by us. Successful applicants will be informed by us. We do not bear any responsibility in processing the said forms
and documents and the relevant Registered Supplier
shall not hold us liable for any acts, damages
or losses as a result of the registration process.
4.1.
Authorised Users will be provided with a set of
log-in details for accessing eSupplier Portal.
4.2.
You agree that each log-in may only be used by the
corresponding Authorised User and that the log-in ID may not be shared with or
used by any other person, including other Authorised Users. You will manage the
Authorised Users and will promptly notify us to deactivate an Authorised User's
log-in ID if the Authorised User is no longer an eligible person to access
eSupplier Portal on your behalf or you otherwise wish to terminate the Authorised User's
access to eSupplier Portal. You are responsible for all use of eSupplier Portal accessed with log-in IDs issued to your Authorised Users,
whether by Authorised Users or others. You will use reasonable commercial
efforts to prevent unauthorised use of log-in IDs assigned to your Authorised
Users and will promptly notify us, in writing, if you suspect that an log-in ID
is lost, stolen, compromised, or misused.
4.3.
We reserve the right to change or disable any log-in
details at any time.
We may collect personal data of individuals via eSupplier Portal for the purposes of processing supplier registration, handling enquiries, and for communications relating to the supply or potential supply of goods and/or services to us. Where you provide personal data via eSupplier Portal voluntarily or on request, your personal data will be handled for the abovementioned purposes and in accordance with the Privacy Policy Statement of JCKSC which can be found at: https://www.kscgolf.org.hk/footer/privacy-policy/
These Terms of Use and our Privacy Policy Statement which is hereby incorporated as if set forth fully herein, represent the complete agreement between you and us concerning your use of eSupplier Portal.
7.1 You agree to use
eSupplier Portal solely for the purpose of correspondence in connection with our RFQ,
Tenders and/or Purchase Order and you are responsible for Content transmitted
by you through eSupplier Portal.
7.2 As a condition of your use of eSupplier Portal,
you agree that you will not use eSupplier Portal for any purpose
that is unlawful or prohibited by any applicable laws or the terms, conditions, and notices contained herein. Without limiting the
generality of the foregoing, you further agree not to:
7.2.1
trespass, break into, access, use or attempt to
trespass, break into, access or use
any other parts of our servers, and/or any
data areas for which you have not been authorised by us to access or use;
7.2.2
post or transmit any unlawful, fraudulent,
libellous,
defamatory, obscene, pornographic, profane, threatening, abusive,
hateful, offensive, or otherwise objectionable or unreasonable Content of any
kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offence, give rise to
civil liability, or otherwise violate any local, state, national or foreign
law, infringe any intellectual property rights, proprietary rights or
confidentiality obligations of others;
7.2.3
post or transmit any advertisements, solicitations,
chain
letters, pyramid schemes, investment opportunities or schemes or other
unsolicited commercial communication, or engage in spamming or flooding;
7.2.4
post, publish, transmit, reproduce, distribute or in
any
way exploit any Content obtained through eSupplier Portal for commercial purposes;
7.2.5
upload, post, publish,
transmit, reproduce, or distribute in any way, any component of eSupplier Portal itself or any Content
obtained through eSupplier Portal which is protected by copyright, or other proprietary right, or create
derivative works with respect thereto, without our prior written permission;
7.2.6
transmit, post or upload any Content that contains
viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or
deleterious programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunication equipment through eSupplier Portal;
7.2.7
transmit, post or upload any Content protected by
intellectual property laws, rights of
privacy or publicity or any other
applicable law unless you own or control the rights thereto or have received
all necessary consents;
7.2.8
interfere with or disrupt networks connected to
eSupplier Portal or
violate the regulations, policies or procedures of such networks;
7.2.9
attempt to gain unauthorised access to eSupplier Portal or
networks connected to eSupplier Portal,
through password mining or any other means;
7.2.10
interfere with another individual's or entity's use
and
enjoyment of eSupplier Portal or similar services;
7.2.11
disrupt the normal flow of dialogue, or otherwise
act in a
manner that negatively affects other suppliers' ability to engage in
real time exchanges;
7.2.12 "stalk"
or otherwise harass another; or
7.2.13 collect or store
personal data about other suppliers.
We reserve the rights from time to time, without notice, to observe and record your access to and use of eSupplier Portal to determine if you are complying with these Terms of Use.
7.3
For matters concerning RFQ Offers and Tender Offers :
7.3.1
It is your responsibility to and you must ensure
that your
RFQ Offers and Tender Offers are fully compliant with our terms and
conditions contained in a relevant RFQ and Tender and any amendments thereto.
7.3.2
Please take note that any late RFQ Offers and Tender
Offers will be rejected by eSupplier Portal. All messages appearing
in eSupplier Portal displaying the warning time zone (i.e. time remaining) or
submission time of RFQ Offers and Tender Offers are for reference only. You are
responsible to ensure that your data,
RFQ Offers and Tender Offers submission are successfully uploaded and
submitted to us in full within the RFQ and Tender closing time prescribed by us.
7.3.3
You agree and are aware that eSupplier Portal may, during
transmission and submission of an RFQ Offer and Tender Offer and material,
fail, breakdown, contain viruses, or be slow to process.
Although we strive
to avoid any of the above
situations, no guarantee or warranty
is given by us to avoid, prevent
or rectify these situations. In the event of a malfunction, slow processing or error, you agree to find
alternate methods to submit your RFQ Offers and Tender Offers or other material
to us and shall in no way hold or make us liable for any losses or damages as a
result thereof.
7.3.4
You must provide and use your own appropriate
equipment and software,
which conform with eSupplier Portal’s system requirements in order
to use the functions and services of eSupplier Portal.
7.3.5
Any material and data in your RFQ Offers or Tender
Offers and other submissions shall be encrypted for security. You accept that
any and all material, information and data so encrypted are still those of
yours after decryption and any error or misstatement or omission of such
encrypted data, material and information shall be accepted as those of yours in any event.
The end results
of the encrypted and decrypted
materials, data and information as initially submitted by you shall be used by
us on an “as is” basis and you agree to be bound by such contents of the
decrypted materials, data and information.
7.3.6
You in response to a relevant RFQ or Tender and
attempting to upload data, materials and information for submission to us through
eSupplier Portal must ensure
that the data, materials and
information are in a standardized electronic form that allows eSupplier Portal to capture,
record, store and process such data, materials and information. Other data
information and materials must be submitted as an attachment of the form.
Further, the form of text and drawings of RFQ Offers or Tender Offers must be
sent and received in a standard format as advised by us to you.
7.3.7
You may submit
more than one RFQ Offer
and Tender Offer
for the same relevant RFQ or
Tender. Each RFQ Offer and Tender Offer submitted will be processed and the
times of submission will be logged. Only the last RFQ Offer and Tender Offer
submission before relevant RFQ and Tender closing date will be considered. You
should allow sufficient time for submission / transmission of your RFQ Offers and Tender
Offers. Any RFQ Offers and Tender Offers that are not completely and successfully transmitted
before the closing time specified in RFQ or Tender will be rejected.
7.3.8
You are not permitted to upload any RFQ Offers and Tender Offers through eSupplier Portal
unless:
7.3.8.1
such RFQ Offers and Tender Offers belong to the
Registered Supplier; and
7.3.8.2 you have logged
into eSupplier Portal using an authorised account.
7.3.9 For matters
concerning the download
of RFQ and Tender
documents:
a. You are required
to use sufficient hardware to minimize the risk of
complications when using
eSupplier Portal. You agree that we shall not be
responsible or held liable for any delayed, untimely, slow or non- transmission of any download or upload of any documents or materials concerning eSupplier Portal.
b. RFQ or Tender are
only accessible by those Registered Suppliers whom we invite.
c. RFQ or Tender document cannot be downloaded after the closing date and
time of such RFQ or Tender.
d. Your successfully uploaded data, RFQ Offers or Tender Offers, material,
information and documents will be encrypted and sent to an electronic tender box. The electronic tender box will be automatically closed by eSupplier Portal and opened
by a party whom we authorise for processing.
e. We are responsible to decrypt all RFQ Offers and Tender Offers or other
submissions which have been submitted through eSupplier Portal and subsequently encrypted. Decrypted data, information, materials of submitted
and encrypted RFQ Offers and Tender Offers will be used by us to evaluate the RFQ and Tender..
7.3.10
All information submitted by you will be used for
tender-related purposes, such as
prequalification assessment and shortlisting
tenderers (if applicable). JCKSC reserves absolute right to reject any submission or shortlist any tenderers without
deliberation. Failure to
submit any information required may render disqualification. In the event there
is any inconsistency between a scanned hard copy of contract sum offer /
Schedule of Rate signed by your authorised representative(s), stamped with your
company chop and submitted to the System (the “Official Schedule of Rate”)
and your input of rates / contract
sum information in RFQ or Tender
offer in the System, the Official Schedule of Rate shall prevail. You undertake that the information
submitted and/or inputted is true,
accurate and complete as of the date it is submitted and/or inputted, and may
be relied upon by JCKSC for tender-related purposes.
We do not guarantee the accuracy, integrity or quality of the Content posted on eSupplier Portal. However, we will consider complaints concerning inappropriate Content on eSupplier Portal, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from eSupplier Portal in our sole discretion. Under no circumstances will we be held liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, e-mailed or otherwise transmitted via eSupplier Portal.
9.1
We have used all reasonable commercial endeavors to ensure the accuracy of the Content
provided in eSupplier Portal. However, unless otherwise specified, all Content is provided on "as-is" basis for reference purpose only.
By using the eSupplier Portal, you agree and accept that:
9.1.1
none of JCKSC, its affiliates or any other person
involved in or related to the compilation of the Content
(collectively, "the JCKSC Parties") makes any express or implied warranties
or representations with respect to the accuracy, reliability, timeliness or
completeness of the Content or as to the results that may be obtained by the
use thereof;
9.1.2
the JCKSC Parties expressly disclaim all implied
warranties (including, without limitation, the implied warranties of
merchantability and fitness for a particular purpose) with respect to the Content;
9.1.3
In no event shall JCKSC have any liability of any kind to any person or entity arising from or related to any use of
eSupplier Portal, and the Content provided therein.
9.2
You agree that none of the JCKSC Parties shall be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, resulting in any way from the use of eSupplier Portal, including but
not limited to:
9.2.1
any errors in or omissions from the eSupplier Portal or Content
available or not included therein,
9.2.2
the unavailability or interruption to the supply of
eSupplier Portal or any features thereof or any Content,
9.2.3
your use or misuse of the eSupplier Portal or Content
(regardless of whether you received any assistance from a JCKSC Party in using or
misusing eSupplier Portal),
9.2.4
your use of any equipment in connection with eSupplier Portal, or
9.2.5
any delay or failure in performance of eSupplier Portal.
9.3
You waive and discharge any and all claims against
JCKSC Parties arising
out of related access or lack thereof.
10.1.
You acknowledge and agree that we own all legal
rights, title and interest, including any
Intellectual Property Rights, in and
to eSupplier Portal, the System, and the Content on eSupplier Portal.
10.2.
You shall not modify, copy, rent, lease,
loan, sell, distribute or create derivative works based on the
Content on eSupplier Portal unless expressly authorised under this Terms of Use or by JCKSC
beforehand in writing.
10.3.
Nothing in this Terms of Use shall give you a right
to use any of our trade names, trade marks,
service marks, logos or domain
names for any purpose whatsoever.
10.4.
You agree that you shall not remove, obscure, or
alter any proprietary rights notices (including
copyright and trade mark
notices) which may be affixed to or contained within eSupplier Portal or Content on eSupplier Portal.
10.5.
You shall not upload or transmit any material with contents that infringe intellectual property rights of any person.
You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms of Use and/or your use of eSupplier Portal or the services. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.
We may terminate your use of and access to any part or all of eSupplier Portal or any related service(s) at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation:
a.
if you breach these Terms of Use;
b.
if we are unable to verify or authenticate any
information you provide to us;
c.
if we believe that your actions may give rise to
liability of any nature; or
d.
if we believe or have reasons to believe that your
action is unsuitable or inappropriate.
Upon termination, you must destroy all material obtained from eSupplier Portal and any copies thereof.
We reserve the right to change these Terms of Use or any policies regarding the use of eSupplier Portal at any time and to notify you by posting an updated version thereof on eSupplier Portal. You are responsible for regularly reviewing the Terms of Use and the applicable policies. Continued use of eSupplier Portal after any such posting amounts to your conclusive acceptance of such revised Terms of Use or policies. If any such revision is unacceptable to you, you must stop use of eSupplier Portal immediately. We reserve the right to interpret these Terms of Use and decide on any questions or disputes arising under these Terms of Use. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a supplier of eSupplier Portal.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, eSupplier Portal (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of eSupplier Portal or any part thereof.
You and we are independent, and no agency, partnership, joint venture, trustee, beneficiary, employee-employer or franchiser-franchisee relationship is intended or created by your use of eSupplier Portal.
We do not guarantee uninterrupted, continuous or secure access to eSupplier Portal. Part or the entire eSupplier Portal may be unexpectedly unavailable for whatever duration and for various reasons that may include System malfunctions and disruptions, internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of eSupplier Portal is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use eSupplier Portal for any reason whatsoever. We reserve the right to take any part or all of eSupplier Portal offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.
The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
No waiver of any breach under these Terms of Use will amount to a waiver of any other breach.
Without prejudice to the generality of Clause 9 above, under no circumstances shall we be liable for any delay or failure or disruption in relation to eSupplier Portal service or any related services, or the Content on eSupplier Portal or Content transmitted by you resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.
These Terms of Use will be governed by laws of Hong Kong and any disputes arising out of these Terms of Use will be subject to the exclusive jurisdiction of the courts of Hong Kong.