BCDC 2E, 2012 (On-line Bidding Document for Stipulated Price Bidding)
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1 BCDC 2E, 2012 (On-line Bidding Document for Stipulated Price Bidding) CLAUSE 13 ON-LINE BIDDING 13.1 ON-LINE BIDDING.1 Definitions: Owner means the party and/or their agent designated to receive on-line bids as identified in the Instructions to Bidders. On-line Bidding System means the internet based on-line system designated by the Owner through its assigned service provider for the collection of bids..2 System Failure In the event there is a failure of the On-line Bidding System that results in the loss of satisfactory service, the closing of the Online Bidding System will be extended as indicated by the Owner..3 Functionality of a Bidders On-line (Computer) System Every bidder, or any other person or entity, which uses the On-line Bidding System must maintain the functionality of its on-line (computer) system. The Owner and the Online Bidding System and any employee, or agent of any of the foregoing, do not: (i) assume any responsibility for the functionality of an Owner's or bidder's or any other person's or entity's, Online (computer) system; or (ii) agree to provide any bidder or any other person or entity, with an alternate mode or method of submitting its bid..4 Exclusion of Liability On-line Bidding System The Owner and the Online Bidding System, and any employee, or agent of any of the foregoing, cannot guarantee continual, uninterrupted or error free service as disruptions or malfunctions may delay, interfere with or disrupt the on-line bidding process, including the online transmission and receipt of Bids. Every bidder, or any other person or entity, that uses the Online Bidding System, acknowledges that the submission of Bids is conducted online and relies on hardware and software that may malfunction without warning. No bidder, or any other person or entity, shall have any claim for compensation of any kind whatsoever, as a result of the disruption or malfunction of the Online Bidding System and each bidder, or any other person or entity, expressly agrees and acknowledges that it is hereby deemed to have no such claim TERMS AND CONDITIONS FOR ON-LINE BIDDING.1 Acceptance of Use of the On-line Bidding System.1 It is understood and agreed that these Terms and Conditions and any other On-line Bidding System constitute a binding agreement and that the user hereby consents to conducting the bidding process by On-line documents, records and communications and through the On-line Bidding System..2 It is understood and agreed that the provision of the tender call and the submission of bids through on-line means satisfies any legal requirement that documents be originals be in writing, be signed or be delivered.
2 .2 Disclaimer of Warranties, Exclusion of Liability and Indemnity.1 It is understood and agreed that this website and all of the information it contains are provided "as is" without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. Links and references to any other websites are provided for information only and shall not be taken as an endorsement of any kind. The On-line Bidding System and its affiliates and agents are not responsible for the content or reliability of the linked websites and do not endorse the content, products, services or views expressed within them..2 It is understood and agreed that in addition to the Exclusion of Liability contained in the Instructions to Bidders for On-line Bidding, under no circumstances will the Owner or its affiliates or agents be liable to any person or entity for any direct, indirect, special, incidental, consequential or other damages based on any use of the On-line Bidding System website or any other website to which this site is linked..3 It is understood and agreed that the user will indemnify and hold harmless the Owner, its affiliates and its agents, for any loss, damage cost, expense, liability or claim suffered or incurred by, or made against, the On-line Bidding System, its affiliates and its agents, arising out of the breach of these Terms and Conditions or any other agreement entered into between the user and the Owner respecting the use of the On-line Bidding System by the user, or the user's fraud, misrepresentation, negligence or willful misconduct in its performance or non-performance under these Terms and Conditions and any other agreement entered into between the user and the Owner respecting the use of the On-line Bidding System..3 Fees.1 It is understood and agreed that the user of the On-line Bidding System must pay a monthly or annual Bidder Authentication fee and that the submission or reception of a bid through the On-line Bidding System will not be permitted until that fee is paid..4 Ownership and Use of Information.1 It is understood and agreed that any information received through the On-line Bidding System is owned by the Owner, its affiliates or its agents..2 It is understood and agreed that information received by the user will not be used, stored, copied, or reproduced, or distributed or disclosed it to any third party, except for the sole purpose of having such third party assist the user in evaluating a tender opportunity..3 It is understood and agreed that any information received through the On-line Bidding System will not be sold, distributed, published or otherwise disseminated to any third party, or made available for the purpose of resale to any third party, without the prior written consent of the Owner..4 It is understood and agreed that all Information on the On-line Bidding System website is protected under the copyright laws of Canada and in other countries and that certain information may be copyrighted by others. Unless otherwise specified, the user does not have permission to copy, redistribute, reproduce or republish in any form, any information found on On-line Bidding System website.
3 .5 Confidentiality and Security.1 Bids submitted through the Online Bidding System are held in confidence until after the bid closing date and time; however, it is understood and agreed that the Owner cannot ensure the privacy and authenticity of any information that it sends or receives through the Internet, and it is further understood and agreed that the Owner will not be responsible for any damages incurred respecting confidential information sent over the Internet to the Owner, or if the Owner communicates such information upon request of the user..2 It is understood and agreed that any user ID, password, personal identification number or On-line signature provided by the On-line Bidding System or otherwise utilized by the user respecting the On-line Bidding System will not be disclosed by the user to any third party. It is further understood and agreed that the user (a) is solely responsible for all use of its user ID, password, personal identification number and / or On-line signature, (b) has put reasonable security procedures in place regarding its use of the On-line Bidding System, and (c) will notify the Owner immediately of any unauthorized use of its user ID, password, personal identification number or On-line signature and / or of the On-line Bidding System..3 It is understood and agreed that the Owner, its affiliates and agents are under no obligation to confirm the actual identity or authority of any individual user of a user ID, password, personal identification number or On-line signature, or any components thereof, and have no liability for damages or harm the user may incur from misuse of same..6 Use of the Internet, On-line Mail and Computer Systems.1 It is understood and agreed that if the On-line Bidding System is accessed through the Internet, the user is responsible for reading and complying with any notices, warnings or disclaimers posted or contained thereon..2 It is understood and agreed that is not a guaranteed delivery method and is subject to what is conventionally referred to as anti-spam filters that may impact the delivery of the to the Owner or On-line Bidding System account..3 It is understood and agreed that the user is solely responsible for ensuring that its computer hardware and software are compatible with that required for the use of the On-line Bidding System..4 It is understood and agreed that On-line documents and / or communications may be distorted in the process of transmission or may be displayed differently to different users for technical reasons and that it is the responsibility of the user to ensure the accuracy of all documents and communications..7 Privacy and Consent to Use of Name.1 It is understood and agreed that while using the On-line Bidding System the user may provide certain information about itself. It is further understood and agreed that the On-line Bidding System Privacy Policy governs the collection and / or use of any such information..2 It is understood and agreed that the Owner is hereby authorized to make the user's name available to other registered users and authorized users of the On-line Bidding System at any time and in any format for the purpose of meeting the requirements of the On-line Bidding System, including the publication of document request lists and the names of successful bidders, but excluding the provision of the user s name to
4 other third parties for any purpose not related to the Online Bidding System without the user s express written consent..8 Change of Address.1 It is understood and agreed that the user is responsible for providing its current delivery or invoicing address, fax delivery number and address to the On-line Bidding System. It is further understood and agreed that the user will immediately notify the On-line Bidding System of any change of these addresses through , facsimile or letter..9 Laws of Application, Assignment and Severability.1 It is understood and agreed these Terms and Conditions and any other agreement entered into between the user and the Owner respecting the use of the On-line Bidding System will be governed by the laws of British Columbia and those of Canada applicable therein and subject to the dispute resolution system set out in the Instructions to Bidders..2 It is understood and agreed that the Owner may assign these Terms and Conditions or any other agreement entered into between the user and the Owner respecting the use of the On-line Bidding System, in whole or in part, without the user's consent, and that the user may not assign these Terms and Conditions or any other On-line Bidding System in whole or in part..3 If one or more terms of these Terms and Conditions or any other agreement entered into between the user and the Owner respecting the use of the On-line Bidding System, or the application to any person or circumstance, to any extent, is invalid or unenforceable, the remainder of the these Terms and Conditions or any other On-line Bidding System or the application of such provisions to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected and each remaining term shall be separately valid and shall be enforceable to the fullest extent permitted by law PRIVACY POLICY.1 Introduction The Owner is committed to protecting the security and privacy of personal information. Personal information is recorded information about an identifiable individual. Personal information includes such things as an individual s name, address, address, phone number and facsimile number. By accepting this Privacy Policy, the user expressly consents to the use and disclosure of its personal information in accordance with this Privacy Policy. The terms of this Privacy Policy may change from time to time. The user s continued use of the On-line Bidding System following the posting of such changes means that the user accepts those changes. This Privacy Policy is incorporated into and subject to the Terms and Conditions..2 Personal Information, Information Collected and Use of Information The provision and collection of personal information, including the user s name, business name, and contact information, is necessary in order to use the On-line Bidding System and permits controlled access to only those individuals authorized to use the On-line Bidding System. Access to the On-line Bidding System will also require contact information about the user s company or business entity, which may be shared with other users in order to facilitate the tendering process.
5 Personal information may also be used: to contact the user; to resolve disputes; troubleshoot problems; bill the user; detect and protect the On-line Bidding System, and its agents and affiliates, against error, fraud and other illegal activity; enforce the Terms and Conditions; and as otherwise described to the user at the time of collection, use or disclosure. Further, at times the personal information of multiple users may be accessed to identify problems or resolve disputes, and in particular, the user s personal information may be examined to identify users utilizing multiple user ID s, passwords, personal identification numbers and / or On-line signatures or aliases. In addition, the user s personal information may be compared and reviewed for errors, omissions and for accuracy. Personal information may be disclosed to: service providers or agents engaged by the Owner respecting the provision of services for the On-line Bidding System; other users in order to facilitate the use of the On-line Bidding System and the bidding process; an organization or entity engaged by the Owner to evaluate a bid for compliance; a person who, in the reasonable judgment of the Owner, is providing or seeking the information as the user s agent; the Owner s insurers; and any third party or parties, where the user consents to such disclosure or where disclosure is required or permitted by law. In addition to the foregoing, the following information is automatically collected and stored whenever the user accesses the On-line Bidding System: the Internet Protocol Address and domain name used; the type of browser and operating system; the date and time of the visit; and the web pages or services accessed..3 Computer Access and Cookies When the On-line Bidding System is accessed, the user may be asked to approve access to its computer system. This enables certain features which require permission to place files on the user s computer. This access is only to enable the use of the services provided by the On-line Bidding System and does not allow access to the user s personal files. Cookies are used on the On-line Bidding System website so that the user s browser can keep track of the user s session and personalize the pages that are viewed. This cookie data is not recorded or shared in any way. Most browsers allow the user to block receipt of cookies, but in doing so may compromise the user s ability to use the On-line Bidding System website.
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