eTendering System

Terms and Conditions of Use of the New World E-Tendering System /tr>

1.	The above tender exercise is conducted by (The Company) through the New World E-Tendering System (The System). Only invited or selected tenderers (Tenderers) are eligible to submit tenders under the System. The use of the System shall be governed by these Terms and Conditions.
2.	The Tenderers will be provided with an account with the System with log in user ID and passwords thereto. The Tenderers shall assume full responsibility for keeping their user ID and passwords secure and confidential. Tenderers shall not transfer or assign, whether for value or otherwise, their account with the System, user ID and passwords to a third party. Upon log in, Tenderers please read the “Tender Description” carefully, and observe the closing time of the tender. Tenderers will not be able to submit tender after the closing time.
3.	Tenderers have to submit tender online through The System, following the instruction as stated in the “Tender Submission”. No other submission arrangement will be entertained. If the submission is not successful wholly or partly or is delayed resulting in the submission completed after the closing time of the Tender, whether due to System failure or error or otherwise, the Company shall in no event be responsible for any loss or damage (including but not limited to loss of the opportunity or loss of profit thereof) that the relevant Tenderer may suffer.
4.	Tenderers are advised to keep a copy of their Tender. Once their Tenders are submitted, Tenderers will not be able to access or amend their Tenders.
5.	Tenderers must submit compliant bids without qualification.
6.	It is the Tenderers’ obligations to examine the tender description and submit the compliant tender prudently, taking into account its capacity and risks involved in delivering requested level of services as stated in the tenders. Tender shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others nor contain any inappropriate, defamatory, obscene or unlawful contents or materials. The Company will not accept any claims arising from any oversight or misinterpretation of the tender description, as the Company has endeavored to ensure the correctness of these documents to its best knowledge.
7.	The Company is not bound to accept the lowest or any tender received and reserves the right to reject any and all tenders failing to comply with the tender documents or this instruction.
8.	Should an addendum be issued at a later stage but before the closing of the tender, the contents of the addendum(s) always supersede an earlier version.
9.	The Company reserves the right to change the closing time of a tender. Should that happen, the Company would inform the Tenderers by email accordingly.
10.	Tenderers shall immediately notify the Company of any or suspected unauthorized use of any user ID and password or any other breach of security.
11.	The Tenderers should treat all documents and information received for this tender confidential and could not disclose its content by any means to the third parties. After the closure of tender, the Tenderers should discard all documents or information without retention any part of which by a confidential approach.
12.	All information of the Tenderers provided through the System will be kept by the Company for the purposes as specified in and may be disclosed in accordance with the relevant terms and conditions.
13.	Any personal data provided by the Tenderer through the System will be kept by the Company in accordance with the Personal Data (Privacy) Ordinance (Cap.486 of the Laws of Hong Kong). The information will be used by the Company for the purposes of the relevant invitation to tender and all other purposes arising from or incidental to it (including for the purposes of tender evaluation and award of contract). Refusal to supply personal data may result in the Company being unable to process the submission of the tender.
14.	Personal data collected under the System may also be used or disclosed by the Company, its employees, contractors, agents for any of the following purposes:
	(a) operation and administration of the System or provision of services through the System; and
	(b) enforcement of the Company’s rights and obligations under these Terms and Conditions.
15.	By submitting the tender, Tenderer is regarded to have agreed to, and to have obtained consent from each individual whose personal data is provided in the tender for the disclosure, use and further disclosure by the Company of the personal data for purposes mentioned above.
16.	Tenderer has the right of access and correction of the personal data as provided. The right to access includes the right to obtain a copy of the personal data provided in the tender, which has been submitted through and retained by the System.
17.	Enquiries concerning the personal data kept in the System, requests for access and corrections should be addressed to the Personal Data Privacy Officer of the Company at privacy_etendering@nwd.com.hk.
18.	The System may provide or assist in providing links to third-party websites. Provision of, or assistance in providing , any links to any third-party websites does not give rise to any statement, representation or warranty, express or implied, that the Company agrees with, approves, recommends or endorses the contents of any such third-party websites. The provision of any links to third-party websites shall not constitute any form of co-operation or affiliation with the Company of any such third parties or third-party websites. The Company shall not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including but not limited to consequential loss, destruction or damage) howsoever arising from or in respect of any use, misuse, inability to use, or reliance on any such links to any third-party websites, or any use, misuse, inability to use, or reliance on any information, contents or materials of any such third-party websites. Tenderers should refer to the respective terms and conditions of such third-party websites when using any information, contents or materials thereon.
19.	The Company reserves the right to amend these terms and conditions at any time. Tenderers remain at all times responsible for ensuring that they are aware of the amended terms & conditions of use and continued use of the System constitutes the Tenderers' acceptance.
20.	All contents and information under the System (such as all text, graphics, logos, buttons, icons, photographs, software and other materials) are subject to the intellectual property rights of the Company (or its content providers or suppliers which the Company is licensed to use) and shall not be reproduced, copied, disclosed, modified, distributed, transmitted, provided or resold in either its original form or in any remixed form to any person other than the Tenderer for the sole purpose of Tenderer’s submission of the tender.
21.	Tenderers shall indemnify the Company against any allegations or claims of infringement of the rights of any person and all costs, losses, damages and liabilities incurred by the Company, which in any case arise directly or indirectly in relation to Tenderers’ use, reproduction, copy, disclosure, modification, distribution, transmission, provision, resale or remixing of any or all the contents on the System.
22.	The Company nor its employees warrant(s) or represent(s), expressly or impliedly, the accuracy, completeness, reliability or appropriateness for use in any particular circumstances of the System or of any information published on the System, and shall not be held liable for any loss, destruction or damage (including but not limited to consequential loss, destruction or damage) howsoever arising from or in respect of (i) any errors, omissions, misstatements or misrepresentations (express or implied) concerning the System or (ii) any use, misuse, inability to use or reliance on the System. Any person or entity that relies on any information obtained from the System does so at his or her own risk.
23.	The Company accepts no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in the System is provided "as is". Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Tenderer.
24.	The Company does not warrant or represent that the System or any data or information transmitted from the Company to the Tenderer is free of viruses. Tenderer is advised to perform virus scanning before using the System or any of the abovementioned data or information. The Company does not warrant the reliability of the internet network. The Company shall not be liable for any losses, fees, costs, expenses, liabilities, destruction, delay failure or damage howsoever arising out of or in relation to any of the above.
25.	In no event shall the Company be liable for any direct, indirect, incidental, or consequential damages of any kind whatsoever with respect to the System. Tenderers must hereby acknowledge that any reliance upon any materials shall be at their sole risk.
26.	Failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any of these Terms and Conditions is found by a court of a competent jurisdiction to be invalid, the Tenderer agrees that the court should endeavour to give effect to the intentions of the Company as reflected in these Terms and Conditions, and the other provisions of these Terms and Conditions shall remain in full force and effect.
27.	Any Chinese translation of any of the terms or phases in the System is for reference only. In the event of any conflict or inconsistency between the English text and the Chinese translation of the terms or phases in the System, the English text shall prevail.
28.	Tenderers hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter in connection therewith will be the laws of the Special Administrative Region of Hong Kong, the People’s Republic of China.
Last updated on January 2018.

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