Terms and Conditions
Note: For goods and general services tenders, please visit relevant tender notices posted on individual procuring departments' websites to access the e-TS for details.
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e-Tendering System (Works Consultancy Services) ("e-TS(CS)")
THE E-TENDERING SYSTEM (WORKS CONSULTANTCY SERVICES)
TERMS AND CONDITIONS OF USE AND PARTICIPATION
The Government provides this e-Tendering System (Works Consultancy Services) (the “e-TS(CS)”) and related services subject to your compliance with the following terms and conditions (the “Participation T&C”). Please read them carefully. The use of the e-TS(CS) shall be governed by these Participation T&C. By accessing the e-TS(CS) Website, all visitors who access e-TS(CS) Website unconditionally accept these Participation T&C. The Government is entitled to revise any Participation T&C at any time without giving prior notice to any person. You are responsible to review the Participation T&C posted on this website regularly for any revisions. The Chinese translation of this document is for reference only. In the event of any conflict or inconsistency between the English text and the Chinese translation of this document, the English text shall prevail.
1. Definitions
1.1 In these Participation T&C, the following words and expressions have the following meanings, unless otherwise defined or the context otherwise requires:
1.2 Except where the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing a gender shall include all other genders; references to any person shall include any individual, firm, body corporate or unincorporate (wherever established or incorporated).
2. The e-Tendering System (Works Consultancy Services)
2.1 The e-TS(CS) is an electronic platform for handling the procurement process of selected projects in Procuring Bureaux/Departments. The e-TS(CS) enables Procuring Bureaux/Departments to electronically (a) publish Invitation related information and documents, including consultancy forecast, invitation notice, invitation documents, addenda, reply to queries and extension of closing date; (b) issue Invitation to all consultants to be invited; (c) receive proposal submissions from Registered Users; (d) issue request for clarifications or further information (as the case may be) to Registered Users who submitted proposal after close of Invitation; and (e) issue notification of invitation result to Registered Users who submitted proposal. The e-TS(CS) also enables all visitors who access the e-TS(CS) website to view consultancy forecast and Invitation notices, and all Registered Users of consultants being invited to electronically (a) download invitation documents and receive any subsequent addendum; (b) submit a proposal; and (c) submit/receive messages to/from Procuring Bureaux/Departments in relation to any Invitations, including queries, and all Registered Users who submitted proposal to electronically receive request for clarifications or further information (as the case may be) and notification of invitation result.
2.2 At present stage, Procuring Bureaux/Departments will use the e-TS(CS) only for selected projects of procurement of works-related consultancy with a value exceeding HK$3 million (“Consultancy Agreement”).
2.3 In order to become Registered Users:
(a) consultants which are not on the List of AACSB/ the List of EACSB/ the List of BD must complete the registration procedures according to Clause 4.1 of these Participation T&C; and
(b) consultants which are included in the List of AACSB/ the List of EACSB/ the List of BD must complete the registration procedures according to Clause 4.2 of these Participation T&C.
2.4 Your registration as a Registered User on the e-TS(CS) does not constitute application for inclusion in the List of AACSB/ the List of EACSB/ the List of BD. If you wish to apply for inclusion in the List of AACSB/ the List of EACSB/ the List of BD, please refer to the relevant webpages for details. In addition, being a Registered User does not imply that you have satisfied the eligibility criteria to bid for consultancy agreement. You should always refer to the invitation documents for eligibility to bid.
2.5 Registration on the e-TS(CS) is not a pre-requisite in order to receive Invitation to tender for consultancy agreement, or to view consultancy forecast and invitation notices. All consultants being invited will receive an Invitation by way of email. Invitation notices will be posted at the “Invitation Notices” section of the e-TS(CS) Website and on the website of the Procuring Bureaux/Departments.
3. Qualifications to becoming a Registered User
3.1 Any sole proprietor, partnership, company or statutory corporation, whether or not it is already included in the List of AACSB/ the List of EACSB/ the List of BD, may register on the e-TS(CS) to become a Registered User. The sole proprietor and all partners of a partnership must be aged 18 or above in order to be qualified to register on the e-TS(CS).
4. Registration and Login Procedures
4.1 Registration procedures applicable to consultant not included in the List of AACSB/ the List of EACSB/ the List of BD
4.1.1 Registration of an account for unlisted consultant on the e-TS(CS) (the “Clause 4.1.1 Account”):
(a) Filling in basic information – The consultant must indicate the capacity in which it is carrying on business and whether its place of incorporation/registered office/residence is in Hong Kong. It must also provide its name, its Business Registration Certification number (if applicable), its business email address, its address of registered office/place of business and details of its contact person in order to register an account on the e-TS(CS). The business email address provided by the consultant will be the account email address for log-in.
(b) Email address verification – An OTP will be sent to the account email address. The consultant must enter the OTP into the System in order to proceed to the next step.
(c) Setting a password – The consultant must set a password for log-in.
4.1.2 Multiple accounts: There is no limitation on the number of Clause 4.1.1 Accounts which may be simultaneously held by a consultant, provided that one email address can only be used to register for one Clause 4.1.1 Account.
4.1.3 Limitation of account: The Registered User of a Clause 4.1.1 account shall (i) be subject to the requirement under Clause 6.6 on inputting invitation code before downloading invitation document, addendum, submitting proposal, etc.; and (ii) be unable to open a sub-account pursuant to Clause 4.2.2 below.
4.1.4 Change in listing status: If a Registered User is admitted to the List of AACSB/ the List of EACSB/ the List of BD after registration of a Clause 4.1.1 Account, it must notify the e-TS(CS) by inputting the email address recorded on the List of AACSB/ the List of EACSB/ the List of BD for authentication. Thereafter, the said Clause 4.1.1 Account will be converted into a Clause 4.2.1 Account (as defined in Clause 4.2.1 below).
4.2 Registration procedures applicable to consultant on the List of AACSB/ the List of EACSB/ the List of BD:
4.2.1 Registration of an account for listed consultant on the e-TS(CS) (the “Clause 4.2.1 Account”):
(a) Filling in basic information – The consultant must provide its email address recorded on the List of AACSB/ the List of EACSB/ the List of BD, its business email address, its Business Registration Certificate number and details of its contact person. The business email address will be the account email address for log-in.
(b) Email address verification –OTP(s) will be sent to the email address(es) provided by the consultant. The consultant must enter the OTP(s) into the System in order to proceed to the next step.
(c) Setting a password – The consultant must set a password for log-in.
4.2.2 One account only: Only one Clause 4.2.1 Account may be held by a consultant at any time. No multiple account is permitted.
4.2.3 Limitation of account: The Registered User of a Clause 4.2.1 account must log onto the e-TS(CS) and may be subject to the requirement under Clause 6.6 on inputting invitation code before downloading invitation document, addendum, submitting proposal, etc.
4.2.4 Opening of sub-accounts: A Registered User of Clause 4.2.1 Account may register up to ten (10) sub-account(s) by completing the sub-account registration procedures on the e-TS(CS).
(a) Filling in basic information – The consultant on the List of AACSB/ the List of EACSB/ the List of BD must log-in to its account for registering a sub-account. It must also provide business email address and details of the contact person of the sub-account in order to register a sub-account on the e-TS(CS). The business email address provided by the consultant will be the sub-account email address for log-in.
(b) Email address verification – A One-time password (OTP) will be sent to the sub-account email address. The sub-account holder must enter the OTP into the System in order to activate the sub-account.
(c) Setting a password – The sub-account holder must set a password for log-in.
4.2.5 A sub-account is regarded as an integral part of the Clause 4.2.1 Account it is registered under and all submissions and actions through such sub-account are deemed to be the submissions and actions made by the Registered User of the Clause 4.2.1 Account.
4.3 After successful registration of an account with the e-TS(CS), you may log in to your account on the e-TS(CS) with your account email address and password.
4.4 A Registered User is responsible for all acts, omissions and defaults under or through all its account and sub-account(s).
4.5 Your account email address and password (whether they are for Clause 4.1.1 Account, Clause 4.2.1 Account or any of the sub-accounts which may be created by you) are personal to you, and you shall not transfer or assign, whether for value or otherwise, the same to another person. You shall assume full responsibility for keeping your account email address and password confidential and secure from any unauthorised use. Your disclosure of your account email addresses and passwords to any third parties, including but not limited to the persons employed, used or engaged by you, shall be on a strictly need-to-know basis, and you shall impose on the said persons employed, used or engaged an obligation to you to refrain from disclosing the account email addresses and passwords to a third party. You shall immediately notify the System Administrator of any unauthorised use of your account email addresses and passwords or any other breach of security.
4.6 You shall log-off from the e-TS(CS) at the end of each session. The Government shall not be liable for any losses, damage, costs and expenses arising from your failure to do so.
4.7 You hereby consent that any person acting for the Director or Secretary of any of the Procuring Bureaux/Departments, or any person acting for the System Administrator, may (but is not obliged to), whilst you maintain an account on the e-TS(CS), send electronic messages from time to time to your account and/or the sub-account(s) if any or email addresses that you have provided from time to time to the e-TS(CS). Such electronic messages may include without limitation information in relation to the e-TS(CS) and/or its services, or any Invitation, or any other information considered appropriate. The term "electronic message" shall have the meaning given to it in the Unsolicited Electronic Messages Ordinance, Cap 593 of the Laws of Hong Kong. Notwithstanding the foregoing, you hereby agree and acknowledge that any electronic messages which may be sent to you in the aforementioned manner do not constitute "commercial electronic message" within the meaning of the Unsolicited Electronic Messages Ordinance, Cap 593 of the Laws of Hong Kong.
5. Continuing Acceptance of the Participation T&C and Termination
5.1 The Government is entitled to revise these Participation T&C from time to time after these Participation T&C are first posted to the e-Tendering System (Works Consultancy Services) Website. The Government is also entitled to revise, modify, omit, suspend, cancel or discontinue any or all channels and/or services available at the e-TS(CS) and/or any information, contents or materials available at the e-Tendering System (Works Consultancy Services) Website at any time in its absolute discretion without giving any reason or prior notice or liability to any person.
5.2 Your continued registration with the e-TS(CS) shall constitute your acceptance of the Participation T&C as from time to time revised by the Government. If at any time you do not accept any revisions to these Participation T&C, you shall terminate your account on the e-TS(CS) pursuant to Clause 5.3 below.
5.3 You may terminate your account on the e-TS(CS) by giving written notice to such effect (“Termination Notice”) to the System Administrator. You shall state your e-TS(CS) account email address and your contact telephone number in the Termination Notice. Termination shall take effect upon the expiry of 30 days after the System Administrator has received the Termination Notice. Any sub-account under your account will also be terminated at the same time.
5.4 Upon termination, you will cease to have access to your e-TS(CS) account or any information submitted by you on the e-TS(CS).
6. Invitation documents, addendums, queries and response, extension of closing date, submission of proposal, request for clarifications or further information and response, notification of invitation result
6.1 A Registered User being invited by the Procuring Bureau/ Department must log onto his account on the e-TS(CS) in order to download any invitation documents.
6.2 A Procuring Bureau/Department may at any time issue addenda prior to the closing date of submission of proposal. A Registered User being invited by the Procuring Bureau/ Department must log onto his account on the e-TS(CS) in order to download any addenda.
6.3 A Registered User being invited by the Procuring Bureau/ Department must log onto his account on the e-TS(CS) in order to submit queries to a Procuring Bureau/Department and he shall be responsible for ensuring that his queries are successfully submitted to the e-TS(CS) prior to the deadline for submitting queries imposed by the Procuring Bureau/Department in the invitation letter.
6.4 A Procuring Bureau/Department may issue a response to queries in relation to that procurement prior to the closing date of submission of proposal. The Procuring Bureau/Department is not obliged to provide response to any queries that are submitted in breach of any part of these Participation T&Cs, or submitted after the deadline for submitting queries imposed by the Procuring Bureau/Department in the invitation letter. A Registered User being invited by the Procuring Bureau/ Department must log onto his account on the e-TS(CS) in order to download any response to queries.
6.5 A Procuring Bureau/Department may at any time prior to the original invitation closing date extend the invitation closing date. A Registered User being invited by the Procuring Bureau/ Department must log onto his account on the e-TS(CS) in order to download the letter notifying extension of the invitation closing date and to tick the checkbox for acknowledging receipt of the extension.
6.6 A Registered User being invited by the Procuring Bureau/ Department must log onto his account on the e-TS(CS) in order to submit proposal. In the case of joint venture consultant, the Registered User who submits proposal via the e-TS(CS) shall be one of the parties of the joint venture irrespective of the amount of shareholding. If your e-TS(CS) account is a Clause 4.1.1 Account, you must input invitation code before downloading invitation document, addendum, and submitting proposal, etc. If your e-TS(CS) account is a Clause 4.2.1 Account, you may be required to input invitation code before downloading invitation document, addendum, submitting proposal, etc. A proposal is regarded as having been successfully transmitted once you receive an acknowledgement from the e-TS(CS).
6.7 A Procuring Bureau/Department may, after the closing date for submitting proposal, issue request for clarifications or further information (as the case may be) to the Registered Users who submitted proposal in accordance with the invitation documents. If you submitted proposal via the e-TS(CS), you must log onto your account on the e-TS(CS) in order to download request for clarifications and submit response to request for clarifications to a Procuring Bureau/Department. You shall be responsible for ensuring that your responses to request for clarifications are successfully submitted to the e-TS(CS) prior to the deadline for submitting response imposed by the Procuring Bureau/Department in the invitation letter.
6.8 A Procuring Bureau/Department will issue notification of invitation results to the Registered Users who submitted proposal via the e-TS(CS). A Registered User must log onto his account on the e-TS(CS) in order to download the letter of acceptance or notification letter.
6.9 A Registered User shall check the e-TS(CS) on a regular basis for any addendums, responses to queries, extension of invitation closing date, request for clarifications and further information and notification of invitation results issued and for ensuring that your proposal submissions and response to request for clarifications and further information fully comply with and take into account all the addendums and response to queries. The Government shall not be liable for any losses, damage, costs and expenses arising from your failure to do so.
7. User Conduct and Obligations
7.1 You shall comply with these Participation T&C at all times when browsing the e-TS(CS) Website and using the e-TS(CS).
7.2 By registering as a Registered User on the e-TS(CS), you shall:
(a) provide true, complete and accurate information as required by the e-TS(CS); and
(b) promptly update any subsequent changes to any information submitted at the e-TS(CS) via the e-TS(CS) or, if not possible, by writing direct to the System Administrator to ensure that the information submitted at the e-TS(CS) remains true, complete and accurate.
7.3 You shall not use the e-TS(CS) to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7.4 You shall not make any inappropriate, defamatory, obscene, or unlawful contents or materials available on the e-TS(CS).
7.5 In using the e-TS(CS) and its services, you shall not:
(a) impersonate any person or falsely state or otherwise misrepresent a relevant Registered User's affiliation with another person;
(b) upload, post, email or otherwise transmit any unsolicited or unauthorised or indecent advertising, promotional materials, junk mail, spam and the like;
(c) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(d) disrupt the normal flow of dialogue, cause a screen to scroll faster than other Registered Users are able to type, or otherwise act in a manner that negatively affects other Registered Users' ability to engage in the reasonable use of the e-TS(CS);
(e) interfere with or disrupt the services of the e-TS(CS) or servers or networks connected to the e-TS(CS), or breach any requirements, procedures, policies or regulations of the Government regarding networks connected to the e-TS(CS); or
(f) violate any applicable laws of Hong Kong and/or relevant laws of other jurisdictions.
8. Linked Third-Party Websites
8.1 The e-TS(CS) 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 Government 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 between the Government and any such third parties or third-party websites. The Government shall not be liable for any loss, destruction or damage (including without limitation any consequential loss, destruction or damage) howsoever arising from or otherwise in connection with 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. You should refer to the terms and conditions of such third-party websites (if any) when using any links thereto and/or any information, contents or materials thereof.
9. Consequences of Non-Compliance
9.1 If you fail to comply with any of the Participation T&C or if the Government believes that your actions or omissions are inappropriate or illegal, the Government shall be entitled to terminate or suspend your registration as a Registered User with the e-TS(CS), if any, and you shall immediately cease to have access to the e-TS(CS) and its services.
10. Use of Information and Personal Data Privacy
10.1 All personal data of any individual provided to the Government by a person registering as a Registered User will be kept, used and/or disclosed by the Government for the purposes as further specified in the Personal Information Collection Statement below (“PICS”).
10.2 Any information, including personal data of any individual, provided by a person registering as a Registered User will be kept by the Government in accordance with the PDPO. Refusal to supply the information requested may result in the Government not being able to process the registration.
10.3 By filing personal data of each individual for registration as Registered Users or for registration of any account under these Participation T&C, you confirm that you have obtained consent from each individual for the use, transfer and disclosure of the personal data of each individual by the Government for the purposes mentioned in the PICS.
11. Intellectual Property Rights
11.1 All contents on the e-Tendering System (Works Consultancy Services) Website including but not limited to all compilations of data or information, invitation documents, text, graphics, logos, buttons, icons, images, sound, audio clips, software, designs, layout and other materials (“Contents”) are subject to the Intellectual Property Rights owned by the Government or third parties. Contents of which the Intellectual Property Rights are owned by the Government are protected under the laws of Hong Kong and/or relevant laws of other jurisdictions. In no circumstances will you acquire any Intellectual Property Rights subsisting in the Contents.
11.2 All Contents are the exclusive property and are owned by the Government. Software used on the e-Tendering System (Works Consultancy Services) Website is the property of the Government (or of its software providers or suppliers from which the Government is authorised and licensed to use) and protected under the laws of Hong Kong and/or relevant laws of other jurisdictions.
11.3 You may only use the Contents including software on the e-Tendering System (Works Consultancy Services) Website and the e-TS(CS) for the purposes of preparing or submitting proposals and/or tenders. Any use including without limitation the reproduction, modification, distribution, communication, transmission, republication, display or performance of any of the Contents for any other purposes is strictly prohibited.
11.4 You warrant that your use of the Contents, the e-Tendering System (Works Consultancy Services) Website or the e-TS(CS) shall not infringe any Intellectual Property Rights or any other rights of any person. You warrant that you must not make available, submit, upload or transmit any contents or materials to the e-Tendering System (Works Consultancy Services) Website or the e-TS(CS) that infringe the Intellectual Property Rights or any other rights of any person.
12. Disclaimer
12.1 No statement, representation or warranty, express or implied, is given by the Government as to the accuracy or completeness of any information published on the e-TS(CS) and its services' stability and fitness for use for any purpose or in any particular circumstances. The Government shall not be liable for any errors, omissions, misstatements or misrepresentations (express or implied) of or in any information from time to time displayed in the e-TS(CS), or for any interruption or breakdown or unavailability or delay of the services of the e-TS(CS). The Government shall not be liable for any claim, legal proceedings, liability, loss (including any direct or indirect loss, any loss of revenue, profit, business, contract or anticipated saving), damage (including any direct, special, indirect or consequential damage of whatsoever nature) or any cost or expenditure (capital or recurrent) which any users (including the Registered User) may suffer or sustain due to any of the foregoing.
12.2 The use of the e-TS(CS) is at the sole risk of the users (including the Registered Users). The e-TS(CS) and its services are provided on an “as is” and on an “as available” basis. The Government expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12.3 The Government makes no warranty that the e-TS(CS) or its services will meet the requirements or expectation of any users (including the Registered Users), that the e-TS(CS) and its services will be uninterrupted, timely, secure, or error free; nor does the Government make any warranty as to the results that may be obtained from the use of the e-TS(CS) and its services or as to the accuracy or reliability of any information obtained from the e-TS(CS) or its services.
12.4 The Government shall not be responsible or held liable for any delayed, untimely, slow or unsuccessful download or upload of any documents or materials from or to the e-Tendering System (Works Consultancy Services) Website or otherwise through the e-TS(CS).
12.5 The Government, its employees, contractors or agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the e-TS(CS) and its services including without limitation lost profits, lost sales or business expenditures, investments, or commitments in connection with any business, loss of any goodwill.
13. Indemnity
13.1 By using the e-TS(CS) and its services, you agree to defend, indemnify, hold harmless and keep each of the Government, its authorised users (including the employees and agents of the Government), assigns and successors-in-title (each an “Indemnified Party”) fully and effectively indemnified from and against:
(a) all liabilities and indebtedness (including liabilities to pay damages or compensation), losses, damage, costs, charges and expenses incurred or suffered by an Indemnified Party of whatsoever nature; and
(b) all and any demands, claims, actions, arbitrations, proceedings, threatened, brought or instituted by any person against an Indemnified Party or by an Indemnified Party against any person (regardless of whether or not they have been settled or compromised) (collectively, “Claims” and each a “Claim”) and everything stated in Clause 13.1(a) above incurred or suffered by an Indemnified Party in all and any such Claims, which arise directly or indirectly as a result of or in connection with, or which relate in any way to, all or any of the following:
(i) any use of the e-Tendering System (Works Consultancy Services) Website, the e-TS(CS) or the Contents by you (or anyone having used your email address and password for log-in to the e-TS(CS));
(ii) any breach by you (or anyone having used your email address and password for log-in to the e-TS(CS)) of any of the Participation T&C;
(iii) any claim or allegation of infringement of the Intellectual Property Rights or any other rights of any person arising out of or in relation to (1) your use of the e-Tendering System (Works Consultancy Services) Website, the e-TS(CS) or the Content, or (2) the contents or materials that you (or anyone having used your email address and password for log-in to the e-TS(CS)) make available, submit, upload or transmit to the e-Tendering System (Works Consultancy Services) Website or the e-TS(CS); or
(iv) any reproduction, modification, distribution, transmission or making available copies of any or all the Contents by you (or anyone having used your email address and password for log-in to the e-TS(CS)).
13.2 This Clause 13 survives any termination or suspension of the e-TS(CS) and any termination or suspension of your account on the e-TS(CS) (howsoever occasioned) and shall continue in full force and effect notwithstanding such termination or suspension.
14. Miscellaneous
14.1 These Participation T&C shall be governed by and interpreted in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any matters or dispute arising out of or in connection with or in relation to these Participation T&C.
14.2 The failure of the Government to exercise or enforce any right or provision of these Participation T&C shall not constitute a waiver of such right or provision. If any of these Participation T&C is found by a court of a competent jurisdiction to be illegal, invalid or unenforceable, the other provisions of these Participation T&C shall remain in full force and effect.
Personal Information Collection Statement
Purposes of collection
1. This Personal Information Collection Statement relates to personal data supplied by you when registering an account on the e-Tendering System (Works Consultancy Services) (“e-TS(CS)”). The provision of personal data is voluntary, though true, complete and accurate personal information must be provided so as to enable us to process your registration on the e-TS(CS). If you do not provide sufficient information, you may not be able to use the e-TS(CS).
2. Any personal data provided to the Government may be used for any of the following purposes:
(a) the operation and administration of the e-TS(CS) or the provision of services through the e-TS(CS); or
(b) enforcement of the Government's rights and obligations under these Participation T&C; or
(c) complying with any legal, governmental or regulatory requirement including any disclosure or notification requirements; or
(d) for any other purposes as may be required, authorized or permitted by law.
Transfer and disclosure of personal data
3. Unless with your consent, any personal data provided to the Government will only be transferred and disclosed, for any purposes indicated in paragraph 2 above, to:
(a) relevant bureau and departments of the Government, including but not limited to the Development Bureau and the Procuring Bureaux/Departments, as well as their employees, consultants, contractors and agents operating in or outside Hong Kong; and
(b) agencies which are authorized to receive information relating to law enforcement and prosecution.
Access and correction of your personal data
4. In accordance with the Personal Data (Privacy) Ordinance (Cap 486 of the Laws of Hong Kong), an individual to whom personal data belongs has the rights to request access to and correction of the individual’s personal data. The right of access includes the right to obtain a copy of the individual’s personal data provided to the Government. Any enquiries concerning personal data provided to the Government, including making data access and correction request, should be addressed to:
Development Bureau
AS(WP4)7
Room 1820, 18/F, West Wing, Central Government Offices, Tamar, Hong Kong
Tel : (852) 3509 8711
Fax : (852) 2521 9682
Email : ets-cs@devb.gov.hk
For any request for access to personal data provided to the Government, please complete the latest Data Access Request Form as specified by the Privacy Commissioner for Personal Data.
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e-Tendering System ("e-TS") for works contracts
THE E-TENDERING SYSTEM
TERMS AND CONDITIONS OF USE AND PARTICIPATION
The Government provides this e-Tendering System and related services subject to your compliance with the following terms and conditions (the “Participation T&C”). Please read them carefully. The use of the e-TS shall be governed by these Participation T&C. By accessing the e-TS Website, you signify your unconditional acceptance of these Participation T&C. The Government is entitled to revise any Participation T&C at any time without giving prior notice to any person. You are responsible for reviewing the Participation T&C posted on this website regularly for any revisions. The Chinese translation of this document is for reference only. In the event of any conflict or inconsistency between the English text and the Chinese translation of this document, the English text shall prevail.
1. Definitions
1.1 In these Participation T&C, the following words and expressions have the following meanings, unless otherwise defined or the context otherwise requires:
“e-Tendering System” or “e-TS” or “System” means the electronic tendering system as described in Clause 2 of these Participation T&C “e-Tendering System Website” or “e-TS Website” means https://www.ets.gov.hk “Government” means the Government of the Hong Kong Special Administrative Region of the People’s Republic of China “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China “Intellectual Property Rights” means patents, trade marks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes, and other intellectual property rights whether now known or created in future (of whatever nature and wherever arising) and in each case whether registered or unregistered, and including applications for the grant of any such rights “Invitation to Tender” means any invitation to tender from time to time issued by the Government “List” means the List of Approved Contractors for Public Works “Specialist List” means the List of Approved Suppliers of Materials and Specialist Contractors for Public Works “Participating Departments” means the Government bureau(x) and department(s) which appear on the list of Participating Departments published on the e-Tendering System Website (as from time to time updated) “PDPO” means the Personal Data (Privacy) Ordinance, Cap 486 of the Laws of Hong Kong “PIN” means personal identification number “Registered User” means a person who has registered an account on the e-Tendering System for using the System and its services and who is obliged to comply with these Participation T&C as a condition for using the System and its services “System Administrator” means the person identified as such on the e-Tendering System Website which is responsible for administering the System “Works Tender” has the meaning prescribed in Clause 2.2 of these Participation T&C “Recognized Certificate” means a recognized certificate within the meaning of the Electronic Transactions Ordinance (Cap. 553) 1.2 Except where the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing a gender shall include all other genders; references to any person shall include any individual, firm, body corporate or unincorporate (wherever established or incorporated). 2. The e-Tendering System
2.1 The e-TS is an electronic platform for handling the tendering process of selected projects in Participating Departments. The e-TS enables Participating Departments to electronically (a) publish tender related information and documents, including tender forecast, tender notice, tender documents, tender addenda, reply to tender queries and extension of tender closing date; (b) issue Invitation to Tender to all relevant Registered Users and relevant contractors/suppliers which are on the List / the Specialist List; (c) receive tender submissions from Registered Users; (d) issue request for clarifications or further information (as the case may be) to Registered Users after close of tender; and (e) issue notification of tender result to Registered Users. The e-TS also enables all users (including Registered Users) to view tender forecast and tender notices, and all Registered Users to electronically (a) download tender documents and receive any subsequent addendum; (b) submit a tender; and (c) submit/receive messages to/from Participating Departments in relation to any Invitations to Tender, including tender queries, request for clarifications or further information (as the case may be) and notification of tender result. 2.2 At present stage, Participating Departments will use the e-TS only for selected projects of procurement of construction and engineering works which fall under the ambit of Central Tender Board or Public Works Tender Board (“Works Tenders”). 2.3 In order to become Registered Users:
(a) contractor/suppliers which are not on the List / the Specialist List must complete the registration procedures according to Clause 4.1 of these Participation T&C; and (b) contractors/suppliers which are included in the List / the Specialist List must complete the registration procedures according to Clause 4.2 of these Participation T&C. 2.4 Your registration as a Registered User on the e-TS does not constitute application for inclusion in the List / the Specialist List. If you wish to apply for inclusion in the List / the Specialist List, please refer to the relevant webpage1 for details. In addition, being a Registered User does not imply that you have satisfied the eligibility criteria to tender for works contracts. You should always refer to the tender documents for eligibility to tender. 2.5 Registration on the e-TS is not a pre-requisite in order to receive Invitation to Tender in relation to certain procurement, or to view tender forecast and tender notices. All contractors/suppliers which are included in the List / the Specialist List and eligible to submit tender will receive an Invitation to Tender by way of email. Tender notices will be posted at the “Tender Notices” section of the e-TS Website and on the website of the Participating Department. 3. Qualifications to becoming a Registered User
3.1 Any sole proprietor, partnership, company or statutory corporation, whether or not it is already included in the List / Specialist List, may register on the e-TS to become a Registered User. The sole proprietor and all partners of a partnership must be aged 18 or above in order to be qualified to register on the e-TS. 4. Registration and Login Procedures
4.1 Procedures applicable to contractor/supplier not included in the List / the Specialist List as at the date of registration:
4.1.1 Registration of an account for unlisted contractor/supplier on the e-TS (the “Clause 4.1.1 Account”): (a) Filling in basic information – The contractor/supplier must indicate the capacity in which it is carrying on business and whether its place of incorporation/registered office/residence is in Hong Kong. It must also provide its name, its Business Registration Certification number (if applicable), its business email address, its address of registered office/place of business and details of its contact person in order to register an account on the e-TS. The business email address provided by the contractor/supplier will be the account email address for log-in. (b) Email address verification – An PIN will be sent to the account email address. The contractor/supplier must enter the PIN into the System in order to proceed to the next step. (c) Setting a password – The contractor/supplier must set a password for log-in. 4.1.2 Multiple accounts: There is no limitation on the number of Clause 4.1.1 Accounts which may be simultaneously held by a contractor/supplier, provided that one email address can only be used to register for one Clause 4.1.1 Account. 4.1.3 Limitation of account: The Registered User of a Clause 4.1.1 account shall (i) be subject to the requirement under Clause 6.6 on uploading of a Recognized Certificate before submitting a tender; and (ii) be unable to open a sub-account pursuant to Clause 4.2.2 below. 4.1.4 Change in listing status: If a Registered User is admitted to the List / the Specialist List after registration of a Clause 4.1.1 Account, it must notify the e-TS by inputting the email address recorded on the List/ the Specialist List for authentication. Thereafter, the said Clause 4.1.1 Account will be converted into a Clause 4.2.1 Account (as defined in Clause 4.2.1 below). 4.2 Procedures applicable to contractor/supplier on the List / the Specialist List:
4.2.1 Registration of an account for listed contractor/supplier on the e-TS (the “Clause 4.2.1 Account”): (a) Filling in basic information – The contractor/supplier must provide its email address recorded on the List / the Specialist List, its business email address, its Business Registration Certificate number and details of its contact person. The business email address will be the account email address for log-in. (b) Email address verification – PIN(s) will be sent to the email address(es) provided by the contractor/supplier. The contractor/supplier must enter the PIN(s) into the System in order to proceed to the next step. (c) Setting a password – The contractor/supplier must set a password for log-in. 4.2.2 One account only: Only one Clause 4.2.1 Account may be held by a contractor/supplier at any point of time. No multiple account is permitted. 4.2.3 Opening of sub-accounts: A Registered User of Clause 4.2.1 Account may register up to ten (10) sub-account(s) by completing the sub-account registration procedures on the e-TS. A sub-account is regarded as an integral part of the Clause 4.2.1 Account it is registered under and all submissions and actions by such sub-account are deemed to be the submissions and actions by the Registered User of the Clause 4.2.1 Account. 4.3 After successful registration of an account with the e-TS, you may log in to your account on the e-TS with your account email address and password. 4.4 A Registered User is responsible for all acts, omissions and defaults under or through all its account and sub-account(s). 4.5 Your account email address and password (whether they are for Clause 4.1.1 Account, Clause 4.2.1 Account or any of the sub-accounts which may be created by you) are personal to you, and you shall not transfer or assign, whether for value or otherwise, the same to another person. You shall assume full responsibility for keeping your account email address and password confidential and secure from any unauthorised use. Your disclosure of your account email addresses and passwords to any third parties, including but not limited to the persons employed, used or engaged by you, shall be on a strictly need-to-know basis, and you shall impose on the said persons employed, used or engaged an obligation to you to refrain from disclosing the account email addresses and passwords to a third party. You shall immediately notify the System Administrator of any unauthorised use of their account email addresses and passwords or any other breach of security. 4.6 You shall log-off from the e-TS at the end of each session. The Government shall not be liable for any losses, damage, costs and expenses arising from your failure to do so. 4.7 You hereby consent that any person acting for the Director or Secretary of any of the Participating Departments, or any person acting for the System Administrator, may (but is not obliged to), whilst you maintain an account on the e-TS, send electronic messages from time to time to your account and/or the sub-account(s) if any or to the telephone numbers or email addresses that the you have provided from time to time to the e-TS. Such electronic messages may include without limitation information in relation to the e-TS and/or its services, or any Invitation to Tender, or any other information considered appropriate. If you no longer wish to receive any such electronic messages, you shall immediately terminate your account with the e-TS pursuant to Clause 5.3 below. The term “electronic message” shall have the meaning given to it in the Unsolicited Electronic Messages Ordinance, Cap 593 of the Laws of Hong Kong. Notwithstanding the foregoing, you hereby agree and acknowledge that any electronic messages which may be sent to them in the aforementioned manner do not constitute “commercial electronic message” within the meaning of the Unsolicited Electronic Messages Ordinance, Cap 593 of the Laws of Hong Kong. 5. Continuing Acceptance of the Participation T&C and Termination
5.1 The Government is entitled to revise these Participation T&C from time to time after these Participation T&C are first posted to the e-Tendering System Website. The Government is also entitled to revise, modify, omit, suspend, cancel or discontinue any or all channels and/or services available at the e-TS and/or any information, contents or materials available at the e-Tendering System Website at any time in its absolute discretion without giving any reason or prior notice or liability to any person. 5.2 Your continued registration with the e-TS shall constitute your acceptance of the Participation T&C as from time to time revised by the Government. If at any time you do not accept any revisions to these Participation T&C, you shall terminate your account on the e-TS pursuant to Clause 5.3 below. 5.3 You may terminate your account on the e-TS by giving written notice to such effect (“Termination Notice”) to the System Administrator. You shall state your e-TS account email address and your contact number in the Termination Notice. Termination shall take effect upon the expiry of 30 days after the System Administrator has received the Termination Notice. Any sub-account under your account will also be terminated at the same time. 5.4 Upon termination, you will cease to have access to the e-TS or any information submitted by you on the e-TS. 6. Tender documents, tender addendums, tender queries and response, extension of tender closing date, submission of tender, request for clarifications or further information and response, notification of tender result
6.1 You must be a Registered User and must log onto your account on the e-TS in order to download any tender documents. 6.2 A Participating Department may at any time issue tender addenda prior to the tender closing date. You must be a Registered User and must log onto your account on the e-TS in order to download any tender addenda. 6.3 You must be a Registered User and must log onto your account on the e-TS in order to submit tender queries to a Participating Department and a relevant consultant, if applicable. You shall be responsible for ensuring that your tender queries are compliant with the Participation T&C and successfully submitted to the e-TS prior to the deadline imposed by the Participating Department. 6.4 A Participating Department or a relevant consultant may issue a response to tender queries in relation to that procurement prior to the tender closing date. The Participating Department or the consultant is not obliged to provide response to any tender queries that are submitted in breach of any the Participation T&Cs, or submitted out of time. You must be a Registered User and must log onto your account on the e-TS in order to download any response to tender queries. 6.5 A Participating Department may at any time prior to the original tender closing date extend the tender closing date. You must be a Registered User and must log onto your account on the e-TS in order to download the letter notifying extension of tender period and to tick the checkbox for acknowledging receipt of the extension. 6.6 You must be a Registered User and must log onto your account on the e-TS in order to submit tender. In the case of joint venture contractors/suppliers, the Registered User who submits tender via the e-TS shall be one of the parties of the joint venture irrespective of the amount of shareholding. If your e-TS account is a Clause 4.1.1 Account, you must upload a genuine and valid Recognized Certificate in .p12 file format to the e-TS before tender submission. You shall complete all the processes and steps (including but not limited to digital signatures) required for tender submission. A tender is regarded as having been successfully transmitted once you receive an acknowledgement from the e-TS. 6.7 A Participating Department may, after the tender closing date, issue request for clarifications or further information (as the case may be) to the Registered Users who submitted tender in accordance with the tender documents. If you submitted tender via the e-TS, you must log onto your account on the e-TS in order to download tender clarifications and submit response to tender clarifications to a Participating Department. You shall be responsible for ensuring that your responses to tender clarifications are compliant with the Participation T&C and successfully submitted to the e-TS prior to the deadline imposed by the Participating Department. 6.8 A Participating Department will issue notification of tender results to the Registered Users who submitted tender via the e-TS. You must be a Registered User and must log onto your account on the e-TS in order to download the letter of acceptance or notification letter. 6.9 You shall be responsible for checking the e-TS on a regular basis for any tender addendums, responses to tender queries, extension of tender closing date, request for clarifications and further information and notification of tender results issued and for ensuring that your tender submissions and response to request for clarifications and further information fully comply with and take into account all the tender addendums and response to tender queries. The Government shall not be liable for any losses, damage, costs and expenses arising from your failure to do so. 7. User Conduct and Obligations
7.1 You shall comply with these Participation T&C at all times when browsing the e-TS Website and using the e-TS. 7.2 By registering as a Registered User on the e-TS, you shall:
(a) provide true, complete and accurate information as required by the e-TS; and (b) (if there are any subsequent changes to any such information submitted at the e-TS) promptly update the information via the e-TS or, if not possible, by writing direct to the System Administrator to ensure that the information remains true, complete and accurate. 7.3 You shall not use the e-TS to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 7.4 You shall not make any inappropriate, defamatory, obscene, or unlawful contents or materials available on the e-TS. 7.5 In using the e-TS and its services, you shall not:
(a) impersonate any person or falsely state or otherwise misrepresent a relevant Registered User’s affiliation with another person; (b) upload, post, email or otherwise transmit any unsolicited or unauthorised or indecent advertising, promotional materials, “junk mail”, spam and the like; (c) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Registered Users are able to type, or otherwise act in a manner that negatively affects other Registered Users’ ability to engage in the reasonable use of the e-TS; (e) interfere with or disrupt the services of the e-TS or servers or networks connected to the e-TS, or breach any requirements, procedures, policies or regulations of the Government regarding networks connected to the e-TS; or (f) violate any applicable laws. 8. Linked Third-Party Websites
8.1 The e-TS 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 Government 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 between the Government and any such third parties or third-party websites. The Government shall not be liable for any loss, destruction or damage (including without limitation any consequential loss, destruction or damage) howsoever arising from or otherwise in connection with 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. You should refer to the terms and conditions of such third-party websites (if any) when using any links thereto and/or any information, contents or materials thereof. 9. Consequences of Non-Compliance
9.1 If you fail to comply with any of the Participation T&C or if the Government believes that your actions or omissions are inappropriate or illegal, the Government shall be entitled to terminate or suspend your registration as a Registered User with the e-TS, if any. Upon such termination or suspension, you will immediately cease to have access to the e-TS and its services. 10. Use of Information and Personal Data Privacy
10.1 All personal data of any individual provided to the Government by a person registering as a Registered User will be kept, used and/or disclosed by the Government for the purposes and to such clauses of transferees as further specified in the Personal Information Collection Statement below (“PICS”). 10.2 Any information, including personal data of any individual, provided by a person registering as a Registered User will be kept by the Government in accordance with the PDPO. Refusal to supply the information requested may result in the Government not being able to process the registration. 10.3 By agreeing to these Participation T&C, you confirm that you have obtained consent from each individual whose personal data has been supplied to the Government in their registration as Registered Users, for the use, transfer and disclosure by the Government for the purposes mentioned in the PICS. 11. Intellectual Property Rights
11.1 All contents on the e-Tendering System Website including but not limited to all compilations of data or information, tender documents, text, graphics, logos, buttons, icons, images, sound, audio clips, software and other materials (“Contents”) are subject to Intellectual Property Rights are owned by the Government or third parties. Contents of which the Intellectual Property Rights are owned by the Government are protected under the laws of Hong Kong and/or relevant laws of other jurisdictions. In no circumstances will you acquire any Intellectual Property Rights subsisting therein. 11.2 The compilation (i.e. the collection, arrangement and assembly) of all Contents are the exclusive property and are owned by the Government. Software used on the e-Tendering System Website is the property of the Government (or of its software providers or suppliers from which the Government is authorised and licensed to use) and protected under the laws of Hong Kong and/or relevant laws of other jurisdictions. 11.3 You may only use the Contents including software on the e-Tendering System Website and the e-TS for the purposes of preparing or submitting tenders for Works Tenders. Any other use including without limitation the reproduction, modification, distribution, transmission, republication, display or performance of any of the Contents is strictly prohibited. 11.4 You warrant that your use of the Contents, the e-Tendering System Website or the e-TS shall not infringe any Intellectual Property Rights or any other rights of any person. You warrant that you must not make available, upload or transmit any contents or materials by the e-Tendering System Website or the e-TS that infringe Intellectual Property Rights or any other rights of any person. 12. Disclaimer
12.1 No statement, representation or warranty, express or implied, is given by the Government as to the accuracy or completeness of any information published on the e-TS and its services’ stability and fitness for use for any purpose or in any particular circumstances. The Government shall not be liable for any errors, omissions, misstatements or misrepresentations (express or implied) of or in any information from time to time displayed in the e-TS, or for any interruption or breakdown or unavailability or delay of the services of the e-TS. The Government shall not be liable for any claim, legal proceedings, liability, loss (including any direct or indirect loss, any loss of revenue, profit, business, contract or anticipated saving), damage (including any direct, special, indirect or consequential damage of whatsoever nature) or any cost or expenditure (capital or recurrent) which any users (including the Registered User) may suffer or sustain due to any of the foregoing. 12.2 The use of the e-TS is at the sole risk of the users (including the Registered Users). The e-TS and its services are provided on an “as is” and on an “as available” basis. The Government expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 12.3 The Government makes no warranty that the e-TS or its services will meet the requirements or expectation of any users (including the Registered Users), that the e-TS and its services will be uninterrupted, timely, secure, or error free; nor does the Government make any warranty as to the results that may be obtained from the use of the e-TS and its services or as to the accuracy or reliability of any information obtained from the e-TS or its services. 12.4 The Government shall not be responsible or held liable for any delayed, untimely, slow or unsuccessful download or upload of any documents or materials from or to the e-Tendering System Website or otherwise through the e-TS. 12.5 The Government, its employees, contractors or agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the e-TS and its services including without limitation lost profits, lost sales or business expenditures, investments, or commitments in connection with any business, loss of any goodwill. 13. Indemnity
13.1 By using the e-TS and its services, you agree to defend, indemnify, hold harmless and keep each of the Government, its authorised users (including the employees and agents of the Government), assigns and successors-in-title (each an “Indemnified Party”) fully and effectively indemnified from and against:
(a) all liabilities and indebtedness (including liabilities to pay damages or compensation), losses, damage, costs, charges and expenses incurred or suffered by an Indemnified Party of whatsoever nature; and (b) all and any demands, claims, actions, arbitrations, proceedings, threatened, brought or instituted by any person against an Indemnified Party or by an Indemnified Party against any person (regardless of whether or not they have been settled or compromised) (collectively, “Claims” and each a “Claim”) and everything stated in Clause 13.1(a) above incurred or suffered by an Indemnified Party in all and any such Claims, which arise directly or indirectly as a result of or in connection with, or which relate in any way to, all or any of the following:
(i) any use of the e-Tendering System Website, the e-TS or the Contents by you (or anyone having used your email address and password for log-in to the e-TS); (ii) any breach by you (or anyone having used your email address and password for log-in to the e-TS) of any of the Participation T&C; (iii) any claim or alleged Intellectual Property Rights (or any other rights of any person) infringement in relation to the contents or materials that you (or anyone having used your email address and password for log-in to the e-TS) make available by way of the e-TS or in relation to the use of the e-TS; or (iv) any reproduction, modification, distribution, transmission or making available copies of any or all the Contents by you (or anyone having used your email address and password for log-in to the e-TS). 13.2 This Clause 13 survives any termination or suspension of the e-TS and any termination or suspension of your account on the e-TS (howsoever occasioned) and shall continue in full force and effect notwithstanding such termination or suspension. 14. Miscellaneous
14.1 These Participation T&C shall be governed by and interpreted in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any matters or dispute arising out of or in connection with or in relation to these Participation T&C. 14.2 The failure of the Government to exercise or enforce any right or provision of these Participation T&C shall not constitute a waiver of such right or provision. If any of these Participation T&C is found by a court of a competent jurisdiction to be illegal, invalid or unenforceable, the other provisions of these Participation T&C shall remain in full force and effect. 1 https://www.devb.gov.hk/en/construction_sector_matters/contractors/index.html
Personal Information Collection Statement
Purposes of collection
1. This Personal Information Collection Statement relates to personal data supplied by you when registering an account on the e-Tendering System (“e-TS”). The provision of personal data is voluntary, though true, complete and accurate personal information must be provided so as to enable us to process your registration on the e-TS. If you do not provide sufficient information, you may not be able to use the e-TS. 2. Any personal data provided to the Government may be used for any of the following purposes:
(a) the operation and administration of the e-TS or the provision of services through the e-TS; or (b) enforcement of the Government’s rights and obligations under these Participation T&C; or (c) complying with any legal, governmental or regulatory requirement including any disclosure or notification requirements; or (d) for any other purposes as may be required, authorized or permitted by law. Transfer and disclosure of personal data
3. Unless with your consent, any personal data provided to the Government will only be transferred and disclosed, for any purposes indicated in paragraph 2 above, to:
(a) relevant bureau and departments of the Government, including but not limited to the Development Bureau and the participating bureaux/departments, as well as their employees, consultants, contractors and agents operating in or outside Hong Kong; and (b) agencies which are authorized to receive information relating to law enforcement and prosecution. Access and correction of your personal data
4. In accordance with the Personal Data (Privacy) Ordinance (Cap 486 of the Laws of Hong Kong), an individual to whom personal data belongs has the rights to request access to and correction of the individual’s personal data. The right of access includes the right to obtain a copy of the individual’s personal data provided to the Government. Any enquiries concerning personal data provided to the Government, including making data access and correction request, should be addressed to:
Development Bureau
AS(WP4)7
Room 1820, 18/F, West Wing, Central Government Offices, Tamar, Hong Kong
Tel : (852) 3509 8711
Fax : (852) 2521 9682
Email : ets@devb.gov.hk
For any request for access to personal data provided to the Government, please complete the latest Data Access Request Form as specified by the Privacy Commissioner for Personal Data.