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POST

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HKUST e-Tendering System HKUST e-Tender Sys
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Welcome to HKUST e-Tendering System

Welcome to the HKUST e-Tendering System ("System") of the Hong Kong University
of Science & Technology ("HKUST" or "University").

The System is an electronic platform for supplier registration, displaying
quotation/tender invitations, notices and related documents, downloading
quotation/tender documents, submitting responses, handling and processing
evaluations and related processes and purposes.

Suppliers of HKUST ("supplier" or "you") are welcome to register and logon the
System. After registration and logging on, you can use the free of charge
services of the System to download quotation/tender documents and submit
responses, subject to the Terms and Conditions on Use of the e-Tendering System
("Terms of Use").

Supplier Registration

Any party interested to become a supplier of the University can register online
via the 'New Registration' procedure by providing the required information and
documents for inclusion in the HKUST supplier lists and setup for the access to
and use of the System. If you have not been setup as a registered supplier of
HKUST in the System or if your account or supplier status have become inactive,
you will need to submit a new supplier registration online by clicking 'New
Registration' in the logon page.

For your registration and use of the System, you shall fully comply with the
Terms of Use.

Terms and Conditions on Use of e-Tendering System ("Terms of Use")

HKUST provides this System and related services subject to your full compliance
with the Terms of Use. Please read them carefully. Supplier registration and all
access and use of the System shall be governed by the Terms of Use. By
proceeding and submitting your supplier registration to HKUST or by pressing the
"ACCEPT" button to access and use the System, you indicate and confirm that you
agree and accept to be bound by the Terms of Use. The Terms of Use may be
revised and/or amended from time to time by HKUST without prior notice to any
person. The latest updated version of the Terms of Use will be published on the
logon page of the System, which will be effective immediately upon such
publication. You are responsible for reviewing the Terms of Use regularly so
that you are aware of any revisions and/or amendments which may be made, and you
will be bound by the updated Terms of Use upon your continued access or use of
the System. If you do not agree with the Terms of Use (or any updates thereof),
you should stop accessing and using the System.

Your obligations for registration, access and use of the System

1. When you register for supplier account in the System, you agree and undertake
to: (a) provide true, accurate, current and complete information and related
documents about your organization (or about yourself in the case of an
individual/self-proprietor supplier), including information and related
documents such as but not limited to name, address, phone number, fax number,
email address, identification information and related documents, and other
contact and billing information, and (b) maintain and promptly update any and
all such supplier information and related documents to keep them true, accurate,
current and complete in the System. You acknowledge and agree to receive
electronic communications (including but not limited to emails, electronic
notices, e-messages) or any such other relevant forms of communications as may
be required from HKUST, or to process e-transactions, for or in relation to your
registration on the System.

2. You are responsible for any and all loss or damage arising from any failure
or delay in any communications, transactions or otherwise resulting from any
outdated, incomplete, incorrect or unclear contact or other information that may
be submitted to the System. If you discover, notice or suspect that you could
not receive any electronic communications from, or process any relevant
e-transactions on, the System, it is your sole responsibility to promptly inform
HKUST and provide the correct contact or other information to HKUST.

3. Supplier registration, access and use of the System is made available only to
legal entities, whether individual or companies who have the legal capacity and
competence (to, amongst other things, enter into legally binding contracts)
under applicable laws. If you do not qualify, you are not authorized to apply
for supplier registration and/or to access or use the System. If you register,
access or use the System on behalf of another company or legal entity, then you
confirm, represent and warrant that you have obtained the full rights and
authority to act for and on behalf of such other company or legal entity and
bind such other company or legal entity to the Terms of Use.

4. You shall be solely responsible for all acts and omissions, as well as all
activities and consequences, whether intended or not, that may arise or occur in
relation to your registration or your access and use of the System. You are
responsible for ensuring and maintaining the security and confidentiality of
your account information and password. You are recommended to set and use secure
and strong password, and change the password regularly. In the event that you
have authorized any other persons to access and use your account on the System
(including but not limited to, for example, employees or other personnel of the
supplier in the case of the supplier being a body corporate) ("Users"), you
shall remain fully responsible and liable for the activities, conduct, acts and
omission of those Users as if those activities, conduct, acts and omissions of
the Users are those of your own. Where the context of the Terms of Use so
permits, references to "you" in the Term of Use shall also refer and cover those
Users.

5. You shall immediately notify HKUST of any unauthorized use or disclosure, or
any suspected unauthorized use or disclosure, of any logon, account information
and/or password, or any other breach or suspected breach of security of your
account or the System.

6. You shall not submit, upload, distribute, provide, post, publish, share,
transmit, transfer or disseminate, or otherwise access or use the System for any
illegal or unlawful uses or purposes, or defame, abuse, harass, stalk, threaten,
or otherwise contravene any applicable laws or infringe, breach or violate any
legal rights and interests (including but not limited to rights of privacy and
publicity, intellectual property rights or other any other proprietary rights)
of HKUST or any other third parties. You shall fully indemnify and hold HKUST
harmless against any allegations or claims (including legal costs and expenses)
that may arise from or in relation to your contravention of this clause.

7. Without prejudice to the generality of the foregoing under Clause 6, you
represent and warrant that your access and use of the System, and any and all
information, documents, contents or materials that you submit, upload,
distribute, provide, post, publish, share, disseminate, transfer, transmit, or
otherwise make available by way of, on or through the System, do not and will
not in any way whatsoever infringe any rights of HKUST or any other third
parties (including but not limited to intellectual property rights); and that
you shall fully indemnify and hold HKUST harmless against any allegations or
claims (including legal costs and expenses) of any infringement of any third
parties' rights (including but not limited to any intellectual property rights)
in relation to such information, documents, contents or materials or the access
or use of System.

8. HKUST is entitled to, and fully reserves the right, at its sole and absolute
discretion, to revise, discontinue, reclaim or discard your System account login
and password, or suspend any access or use of the System, or remove any
information, documents, contents or materials on the System, for any reason
without notice, and without any penalty or liability.

9. For access and use of the System you will require Internet connectivity and
appropriate telecommunication links. HKUST shall not have any responsibility or
liability for any telephone, Internet, telecommunications or other costs that
you may incur. You must ensure that you log off from the System after using it.
HKUST shall not be liable or responsible for any loss or damage arising from or
in relation to your failure to do so.

Personal Data Privacy

10. Any personal data (including but not limited to name, address, phone number,
fax number, email address, identification information and related documents, and
other contact and billing information) provided by the supplier through the
System or any related communications will be collected, used, disclosed,
processed and kept by HKUST in accordance with the Personal Data (Privacy)
Ordinance (Chapter 486 of the Laws of Hong Kong) ("PDPO"). The information will
be used by HKUST for the purposes of suppliers registration, invitations and
notices to tender, tender processes, tender assessments, tender evaluation,
communications and other announcements on or relating to any tender and any
award of purchase orders or contracts, evaluation or assessment of suppliers
performance, dispute resolution relating to any tender, and all related or other
purposes arising from or incidental to it, or otherwise relating to the
operation, management, and organization of any relevant events and activities of
the University and/or its affiliated/related/associated entities and
subsidiaries (including but not limited to for their operational,
administrative, management, research and statistical analysis purposes). You are
required to submit accurate, complete, true and current personal data and other
information for HKUST to handle such data and information for or relating to the
aforesaid purposes.

11. Any and all personal data and other information provided to HKUST may be
used or processed by the University (including but not limited to its employees,
personnel, directors, officers, or any of the University's
affiliated/related/associated entities and subsidiaries), or disclosed by the
University to any of its affiliated/related/associated entities or subsidiaries,
their legal or professional advisors, other universities and educational
institutions, or their vendors, contractors, agents or representatives that may
be engaged or otherwise instructed by the University for data processing or
provision of technical support, maintenance or any other related services for or
relating to the System and/or any particular tender processes, or any such
relevant governmental, regulatory or enforcement bodies or authorities, for any
or all of the purposes specified in Clause 10 above, including but not limited
to any or all of the following purposes:
(a) to invite to tender, issue purchase orders or contracts;
(b) to respond to and follow up on your enquiries;
(c) to conduct supplier registration, performance appraisal and surveys;
(d) to conduct tender evaluation and assessments of vendors performance, and to
handle requests for references and referrals for vendors (where applicable);
(e) to conduct research and perform statistical analysis;
(f) to notify you of changes that may affect you;
(g) to communicate with you;
(h) to operate, maintain and administer the System and the provision of related
services in connection with tender and sourcing related activities and directly
related purpose to those as set out in Clause 10 above;
(i) to facilitate HKUST's operational, financial, tax, and administrative
purposes for or relating to tender and sourcing related activities;
(j) to enforce HKUST's rights and obligations under these Terms of Use.

Where applicable, upon receipt of any third party's request for reference or
referral for vendors, HKUST may also use and disclose your information and
personal data to such requestor solely for the purpose of handling any such
request (but not for any other purposes). For the avoidance of doubt, HKUST's
handling and response (if any) to any such request shall remain at HKUST's sole
and absolute discretion.

HKUST will not use your personal data for direct marketing without obtaining
your prior consent in accordance with the requirements of the PDPO.

12. You agree and confirm that you have obtained all authorization and consent
from each individual whose personal data and other information are provided,
made available or disclosed for or relating to supplier registration, or
otherwise provided, made available or disclosed through your access or use of
the System or any related communications, for HKUST's collection, use,
processing, handling and disclosure to any or all of the aforesaid data
transferees and classes of data transferees of any or all of the personal data
and other information for purposes mentioned above. Where you use and disclose
any third parties' personal data and other information to HKUST, you represent,
warrant and confirm that you have fully complied with the requirements of the
PDPO and have obtained all third parties' prescribed consents necessary from
time to time for HKUST to use, disclose, process or otherwise handle any or all
such personal data for the purposes specified under the Terms of Use.

13. You shall have the right of access and correction of your personal data in
accordance with the requirements of the PDPO. For any such requests for data
access and correction, please contact the University's Purchasing Office
(Address: the Hong Kong University of Science and Technology, Clear Water Bay,
Kowloon, Hong Kong).

Intellectual Property Rights

14. All trade marks, service marks, logos, trade dress and rights relating to
domain names, and all contents, articles, documents and materials on or in
relation to the System (including but not limited to all text, graphics, logos,
buttons, icons, photographs, sound, audio clips, video clips, software, computer
programs, codes, source codes, object codes, data, databases, datasets,
processes, algorithms, methodologies, and any other works, contents and
materials, in any form, media or medium, and any and all drafts and versions
thereof) (collectively, "Works"), and any and all rights, title and interests
(including but not limited to intellectual property rights) in and to any and
all of the Works are owned by HKUST (and/or its content providers or suppliers
which HKUST is licensed to use). Nothing in this Terms of Use shall operate or
be deemed to assign, vest, grant or otherwise transfer any rights, title or
interests in or to any or all of the Works to you or any other third parties.
You will not in any circumstances acquire any rights (including but not limited
to any intellectual property rights) in or to any Works.

For the purpose of this Terms of Use, "intellectual property rights" means any
and all intellectual property rights, including but not limited to patents,
copyright, design rights, registered design, trade marks, service marks, trade
names, trade dress, rights in confidential information and trade secrets, rights
in domain names, rights with respect to databases and other compilations and
collections of data and information, rights in knowhow and other proprietary
data, new inventions, designs or processes, and all other intellectual property
rights and industry property rights (of whatever nature, whenever arising,
recognized, protected or subsisting under any applicable laws, regulations,
legislations, common law or otherwise, whether now known or existing or
hereinafter created or invented in the future), and in each case whether any
such rights are registered or unregistered, including but not limited to any and
all application for registration or grant of any such rights in any jurisdiction
anywhere in the world, the benefit of any pending application, the right to make
application for any such registration, and all reversions, extensions, revivals
and renewals of any and all such rights, anywhere in the world.

15. Permission is granted on a limited, non-exclusive and revocable basis for
the supplier to download, copy and print tender documents that HKUST may make
available on the System solely for the purpose of supplier's tender submission
and response. Save for the aforesaid permitted use for tender documents, any use
or exploitation of any Works in any form, manner, media or medium (including but
not limited to reproduction, modification, distribution, transmission,
improvement, translation, adaption, creation of derivative or new works thereof,
reverse engineer, publication, or issuing or making available copies of any or
all the Works (or any versions, or any new or derivative works thereof) is
strictly prohibited.

16. You shall fully indemnify and hold HKUST harmless against any allegations or
claims of infringement of any rights (including but not limited to intellectual
property rights) of HKUST and/or any other third parties, and all costs, losses,
damages and liabilities (including legal fees and expenses) of any character,
nature or kind that may be incurred by HKUST directly or indirectly from or in
relation to your and/or any Users' use or exploitation in any manner of any or
all of the Works, or otherwise from or in connection with any contravention,
breach or violation by you and/or any Users of any provisions of the Term of Use
or any applicable laws.

Transmission of Information & Tender Offer

17. You shall be fully aware of that Internet traffic congestion, delay or other
connectivity issues may occur from time to time which may slow down or impact
the response time, information and documents upload, download and other
transmission process, and overall process time of the System. You shall observe
the relevant files transfer/ upload limits (if any) and reserve sufficient time
for submission/transmission of the tender offer (and related information and
documents). Any tender offer (and related information and documents) that is not
completely and successfully transmitted and submitted onto the System before the
closing time for the specific tender concerned will be rejected.

18. You shall ensure that your tender offer (and related information and
documents) for submission are fully compliant with all the terms and conditions
(including but not limited to the terms and conditions of tender, any general or
specific conditions of contract, and other policies and guidelines as may be
issued by HKUST) for, in relation to or otherwise governing the relevant tender
concerned and any amendments thereto.

19. If you transmit/submit any information (including but not limited to any
materials, documents, records, contents, articles, proposals, data, information,
text, images, directories, files, figures or listings) (collectively,
"Information") to the System, you represent, warrant and confirm that all your
Information are true, accurate, current, complete and lawful.

20. HKUST has the right, in its sole and absolute discretion, to backup,
restore, rename, copy, reproduce, modify, adapt, distribute, transmit, transfer,
relocate, discard, purge, remove or delete, at any time, any Information that
you have provided.

21. No business, contractual or agency relationship or otherwise whatsoever
howsoever of any kind, character or nature is created between you and HKUST, its
affiliates/ related/associated entities, subsidiaries, directors, officers,
employees, personnel, licensees, agents or representatives by virtue of the
receipt, analysis, evaluation, processing or assessment of your Information.

Restriction on Access and Use

22. In accessing and using the System, you must not (and must procure and ensure
that your Users do not):
(a) impersonate any person or falsely state or otherwise misrepresent your
affiliation with another person;
(b) upload, distribute, disseminate, transfer or otherwise transmit any
unsolicited or unauthorized or illegal or indecent advertising, promotional
materials, "junk mail", spam, electronic communications and the like;
(c) attempt to gain unauthorized access to the System or any networks, servers
and/or systems operating or connecting to the System, or remove or change or
otherwise attempt to circumvent any settings, filtering, controls and/or
security measures or otherwise interfere with the proper working and operation
of the System;
(d) upload, distribute, disseminate, transfer or otherwise transmit any
materials that contains viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of the System or any
computer software or hardware or network or server or telecommunications
equipment;
(e) disrupt the normal flow of dialogue or internet/web connectivity, cause a
screen or webpage to "scroll" or load faster than other users of the System are
able to process or type, or otherwise act in a manner that adversely or
negatively affects or impacts the ability of other users of the System to engage
in the reasonable use of the System;
(f) interfere with or disrupt the operations and services of the System or the
computing systems, servers or networks for or connected to the System, or breach
any requirements, procedures, policies or regulations of HKUST with respect to
networks connected to the System;
(g) breach, infringe, contravene or violate any rights of third parties or any
applicable laws.

Disclaimer

23. No statement, representation or warranty, whether express or implied, is
given by HKUST as to the accuracy, completeness, suitability, fitness for any
particular purpose, or appropriateness for use in any particular circumstances
of the System. To the fullest extent as permitted under applicable laws, HKUST
shall not be responsible or liable for any delays, inaccuracies, incompleteness,
errors, omissions, misstatements or misrepresentations (express or implied)
concerning the System. HKUST fully disclaims, and shall not be liable or
responsible, to the fullest extent as permitted under applicable laws, for, any
and all liabilities, obligations or responsibilities whatsoever for any and all
direct and indirect losses, destruction or damages of any kind, nature or
character (including but not limited to any legal fees and expenses) howsoever
arising from or in respect of or in relation to any access, use, misuse,
inability to access or use, or reliance on the System.

24. HKUST does not warrant or represent that the System or any data or
information or documents available in the System is free of viruses, or that the
availability, access to or use of the System will be uninterrupted, timely or
error-free, or that the System will be compatible with all hardware or software
which you may use to access and use the System. HKUST may at any time suspend
the operation of or access to the System (or any part thereof) to carry out
repairs, bug fixes, patches, technical support and maintenance, or otherwise to
introduce any new or updated functionalities to the System. You are advised to
perform virus scanning before downloading any information/documents from the
System. HKUST does not warrant the stability, connectivity or reliability of the
internet or any systems, servers and/or networks through which any data,
information or documents are transmitted to and from HKUST or processed or
stored on or through the System. To the fullest extent as permitted under
applicable laws, HKUST shall not be responsible or liable for any claims,
losses, fees, costs, expenses, legal fees and expenses, liabilities,
destruction, delay, failure or damages (direct or indirect) whatsoever and
howsoever arising from or in relation to any access or use of the System,
including but not limited to any loss, damage or corruption of data,
transmission of data or information from the supplier to HKUST or vice versa
over the internet (whether or not caused by or arising from or relating to any
delays, breakdown or failure of telecommunications or communication facilities
(including but not limited to the internet network or any computer systems,
servers or networks), or otherwise any other causes beyond HKUST's control).

25. To the fullest extent as permitted under applicable laws, HKUST shall not be
liable or responsible for any loss or damage (whether direct or indirect)
whatsoever and howsoever arising out of, from or in connection with the System.
HKUST reserves the right to revise, omit, suspend or modify the System at any
time in its sole and absolute discretion without giving any reason or prior
notice to any person, without any penalty or liability. HKUST also reserves the
right to alter, modify, suspend, cancel or discontinue any or all channels,
processes or services available on the System at any time without prior notice
to any person, without any penalty or liability.

26. Without limiting the generality of the foregoing, nothing on or provided or
operated via the System shall constitute, give rise to, or otherwise imply, any
endorsement, approval, recommendation or appointment by HKUST of any person, be
it a provider or supplier of goods or services or otherwise.

Suspension and Termination

27. HKUST may at any time, at its sole and absolute discretion, suspend or
revoke your supplier registration, or suspend or terminate your access to and
use of the System (as the case may be), immediately without any notice for any
reason, including but not limited to any of the following:
(a) if you do not comply with any of the Terms of Use;
(b) if you do not comply with any applicable laws;
(c) if you provide any information /document that is untrue, inaccurate, not
current or incomplete;
(d) if you become an inactive supplier of HKUST;
(e) if we are unable to verify or authenticate any information or documents that
you provide to us;
(f) if we believe that your actions may give rise to liability of any nature; or
(g) if we believe or have reasons to believe that your action may be illegal,
unlawful, unsuitable or inappropriate.

General and miscellaneous

28. Entire agreement - The Terms of Use (as may be revised or amended from time
to time) constitutes the entire agreement between you and HKUST concerning
supplier registration, and the access and use of the System; and supersedes all
previous drafts, agreements, promises, assurances, representations,
understandings, discussions, communications and arrangements between you and
HKUST (whether oral, written or otherwise) for or relating to the subject matter
of the Terms of Use.

29. Severability - If any of the provisions (or any part thereof) in the Terms
of Use is held to be unlawful, illegal, invalid or otherwise unenforceable under
any applicable laws, then such provisions (or any part thereof) shall be deemed
severed and deleted, and the remaining provisions of the Terms of Use shall
survive, remain in full force and effect, and continue to be binding and
enforceable.

30. No waiver - No failure or delay by HKUST to exercise or enforce any right or
remedy or any provision of the Terms of Use shall constitute waiver of that or
any other right or remedy or provision, nor shall it prevent or restrict in any
way whatsoever HKUST's further exercise of that or any other right or remedy or
provision. No single or partial exercise of such right or remedy or provision
shall prevent or restrict further exercise of that or any other right or remedy
or provision.

31. Survival - Any provisions or obligations under the Terms of Use which are
intended to survive the termination of the Terms of Use shall so continue to
survive.

32. Interpretation - Headings and sub-headings are inserted for convenience only
and shall not affect the construction or interpretation of this Terms of Use.

33. Parties' relationship - Nothing in the Terms of Use shall create or be
deemed to create any contract, agreement, commitment, partnership, agency,
fiduciary relationship, procurement relationship, joint venture, or any
relationship of principal and agent, or supplier and customer, or employer and
employee between you and HKUST. Any successful tender bid as may be announced by
HKUST (whether through the System or otherwise) shall be subject to separate
contracts and terms to be further entered into between HKUST and the particular
supplier concerned.

Governing law and dispute resolution

34. The Terms of Use (and each version thereof) shall be governed by and
construed in accordance with the laws of Hong Kong Special Administrative
Region. Any disputes on or relating to the Terms of Use (whether contractual or
non-contractual) shall be subject to the non-exclusive jurisdiction of the Hong
Kong courts.

I have read and agreed the Terms and Conditions on Use of e-Tendering System
Please check the box above to indicate you have read and agreed the Terms and
Conditions
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