catalogues.buy.nsw terms and conditions of use

Terms and Conditions of Use

1. Agreement

1.1 The 'Terms and Conditions of Use' outlined in this agreement are a condition of login to the system. Use of the system constitutes acceptance of the 'Terms and Conditions of Use' outlined in this agreement.

1.2 Acceptance of this agreement constitutes a binding agreement between the "Participant" and Department of Customer Service, for access and acceptable use of the system.

1.3 The "System" - catalogues.buy.nsw, is defined as any online catalogue platform or technology used by Department of Customer Service to provide a buying tool to NSW Government and Eligible Government Buyers.

1.4 catalogues.buy.nsw incorporates Supplier Price Guide (SPG), Non-Government Organisation (NGO) and multiple agency instances, that may vary, as defined on the buy.nsw website: https://buy.nsw.gov.au/buyer-guidance/catalogues

1.5 This agreement may be varied by the Department of Customer Service, at any time without notice.

2. Authorisation and Usage

2.1 Eligible Government Buyers may give employees access to their respective instance of catalogues.buy.nsw or parts of the system for Government use.

2.2 Department of Customer Service or NSW Procurement may give access to any instance of catalogues.buy.nsw or parts of the system for Government use.

2.3 In order to gain access to the system, the Participant will be required to provide identity details as per one of the clauses below:

2.3.1 a valid Government email address and agency authorisation, or

2.3.2 a valid Non-Government Organisation email address and organisation authorisation.

2.4 The Participant may be granted additional access to catalogues.buy.nsw at the discretion of Department of Customer Service to perform various tasks and must carry out those tasks in accordance with guidelines and training material provided by Department of Customer Service.

2.5 The participant must:

2.5.1 Have in place procedures to prevent unauthorised access by any person granted access by their organisation.

2.5.2 Make all reasonable efforts to ensure any information (including documents and images) transmitted to 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.

2.5.3 Make all reasonable efforts to ensure their systems are kept secure.

2.5.4 Notify Department of Customer Service immediately of any security breaches or threats that could impact catalogues.buy.nsw.

2.5.5 Ensure that passwords for access to catalogues.buy.nsw are kept secure and not shared with other persons.

2.6 The Participant is responsible for accuracy of any information that is transmitted by them through catalogues.buy.nsw.

2.7 The Participant must not intentionally, recklessly or negligently interfere with any other parties' use of catalogues.buy.nsw.

2.8 The Participant must not use catalogues.buy.nsw to defame, threaten, menace or infringe on the rights of any party or to commit any breach of law or transmit any unsolicited messages or material.

2.9 The Participant does not acquire any ownership rights to the content accessed through catalogues.buy.nsw and is prohibited from copying or distributing the information. Supplier material published on catalogues.buy.nsw must be treated as commercial in confidence.

2.10 Department of Customer Service may at their discretion limit the Participants access to catalogues.buy.nsw at any time.

2.11 Unauthorised use or exploitation of the system is prohibited and may result in suspension of access or criminal charges.

3. Department of Customer Service Obligations

3.1 Department of Customer Service will endeavour where reasonably practicable advertise by way of email to Community Administrators or on the buy.nsw website, any major:

3.1.1 Changes, upgrades or altercations to catalogues.buy.nsw or its functionality.

3.1.2 Outages or problems that occur with catalogues.buy.nsw that may impact use of the system.

3.4 Department of Customer Service requires a minimum specification for equipment to access the catalogues.buy.nsw system which may vary and will be advertised on the buy.nsw website.

3.4 Department of Customer Service will facilitate access to information such as catalogues, documents or transfer of information between parties through the catalogues.buy.nsw system, and reserves the right to audit, review, retain or aggregate this information for reporting purposes.

3.5 Department of Customer Service will not be liable for any costs incurred, including but not limited to any loss arising as a result of:

3.5.1 General use of the system.

3.5.2 Stock unavailability.

3.5.3 Service unavailability.

3.5.4 Supplier performance: dispatch time, inaccurate pricing or inaccurate stock levels.

3.5.5 Delivery disputes: Delayed delivery, lost parcels or packages or damaged items during delivery.

3.5.6 Costs arising from disputed transactions.

3.5.7 Reduction in supplier revenue due to low or inconsistent transaction volume.

4. Eligible Government Buyer Obligations

4.1 Eligible Government Buyers will elect a 'Community administrator'; who will assist the Agency or Organisation with maintenance of their respective instance of catalogues.buy.nsw.

4.2 Community administrators agree to provide support and assistance to employees within the same buying Agency or Organisation.

4.3 It is the responsibility of Eligible Government Buyers to follow-up and ensure the resolution of any purchasing disputes that arise with a supplier.

4.3.1 The catalogues.buy.nsw platform does not have a dispute resolution function so communication should occur directly with the supplier.

4.4 Eligible Government Buyers agree to fulfil their Agency or Organisations payment obligations to suppliers unless otherwise agreed upon with suppliers.

4.5 Eligible Government Buyers must ensure that they keep their organisation structure and delivery addresses up to date within their instance of catalogues.buy.nsw.

5. Unimarket Obligations

5.1 Unimarket will use currently recognised security standards in the implementation of catalogues.buy.nsw security including testing and use of secure internet protocols where applicable.

5.2 Unimarket agrees to provide a helpdesk to support Community Administrators.

6. Category Manager Obligations

6.1 Will complete vetting of hosted catalogues submitted by suppliers within catalogues.buy.nsw and ensure that the product and pricing submitted by suppliers complies with Whole of Government purchasing agreements.

7. Supplier obligations

7.1 Suppliers will ensure product and pricing information is correct and current.

7.2 Suppliers will undertake product distribution for items paid for by Eligible Government Buyers; or alternatively issue a refund for out of stock items.

7.3 Suppliers will manage disputes directly with Eligible Government Buyers.

8. Parties

8.1 The "Participant" is defined as any person who accesses "The System".

8.2 Department of Customer Service is the owner of catalogues.buy.nsw domain and facilitates the provisioning of the procurement service to Eligible Government Buyers.

8.3 Unimarket are the providers of the Software as a Service (SaaS) Catalogue Tool being consumed by Department of Customer Service enable catalogue purchasing.

8.4 Category Managers are employed by various Government Departments and maintain contracts with suppliers under Whole of Government contracts and supply arrangements.

8.5 Suppliers are managed by Category Managers under various Government contracts and schemes. Department of Customer Service reserves the right to add or remove suppliers within catalogues.buy.nsw platform dependent upon their suitability for Eligible Government Buyers and the platform.

8.6 Community Administrators are elected by an Agency or Organisation to manage and provide support to participants of the system belonging to the same Agency or Organisation.

8.7 "Eligible Government Buyers" - Consist of a NSW Government Agency, or a Non-Government Organisation. Referred to as 'Agency' and 'Organisation' respectively within this agreement.

8.7.1 A list of Eligible Government Buyers, including Non-Government Organisation, can be located on the buy.nsw website under the "Current buyers" heading: https://buy.nsw.gov.au/buyer-guidance/get-started/non-agency-buyers