Application General Conditions

General Conditions for Marketplace applications

All applicants accept these General Conditions when they apply to become a supplier on Marketplace, as they agree to follow the Marketplace Application Rules. 

Words and phrases that have a special meaning in these General Conditions are shown by the use of initial capitals.

View definitions of Marketplace terminology 

Our point of contact

All enquiries regarding Marketplace or the application process must be sent to the Marketplace Manager, either by email or using the Marketplace contact form.

Contact the Marketplace Manager 

Only the Marketplace Manager, and any authorised person, are authorised to communicate with you regarding any aspect of your application. We will not be bound by any statement made by any other person.

We may change the Marketplace Manager at any time.

Where you have an existing contract with us, business-as-usual communications will continue using the usual contacts for the purpose of managing delivery of that contract.

Ethics

We reserve the right to require additional declarations, or other evidence from you or any other person, throughout the application process to ensure probity of the application process.

Confidential Information

1. The parties (the lead agencies and the applicant) will each take reasonable steps to protect Confidential Information and, subject to paragraph three and without limiting any confidentiality undertaking agreed between them, will not disclose Confidential Information to a third party without the other’s prior written consent.
2. The parties may each disclose Confidential Information to any person who is directly involved in the application process on its behalf, (such as officers, employees, consultants, contractors, professional advisors, evaluation panel members, partners, principals or directors), but only for the purpose of participating in the application process.
3. You acknowledge that our obligations under paragraph one are subject to requirements imposed by the Official Information Act 1982 (OIA), the Privacy Act 1993, parliamentary or constitutional convention, and any other obligations imposed by the law. We will not be in breach of its obligations if Confidential Information is disclosed by us to the appropriate authority because of suspected collusive or anti-competitive behaviour.

Costs of participating in the Application process

You will meet your own costs associated with the preparation of your application and the setting up your Marketplace account and catalogue entries.

Ownership of documents

1. The Marketplace and its content remain the property of the Department of Internal Affairs. All Intellectual Property rights in the Marketplace website remain the property of the Department of Internal Affairs or its licensors.

2. All documents forming your application will, when submitted to us, become the property of the Lead Agency responsible for managing the Catalogue to which you are applying.

3. Ownership of Intellectual Property rights in the application remain the property of you or your licensors. However, you grant to the Lead Agencies a non-exclusive, non-transferable, perpetual licence to retain, use, copy and disclose information contained in the application for any purpose related to the application process.

No binding legal relations

1. Neither Marketplace membership, nor the application process, creates a process contract or any other legal relationship between us and you, except in respect of:

a) your declaration in your application

b) your statements, representations and/or warranties in your application and your correspondence with us

c) the assessment approach to be used by us to assess your application as set out in the Application Rules 

d) the General Conditions set out on this page

2. Each exception in paragraph one is subject only to our reserved rights in the section titled 'Our additional rights' below.

Elimination conditions

We may exclude you from participating in the application process if we have evidence of any of the following that we consider to be material to the application process.

1. You have failed to provide all information requested, or materially breached a term or condition of the application process.
2. Your application contains a material error, omission or inaccuracy.
3. Your company is in bankruptcy, receivership or liquidation.
4. You have made a false declaration.
5. You have been convicted of a serious crime or offence.
6. There is professional misconduct or an act or omission on the part of you which adversely reflects on the integrity of you.
7. You represent a threat to national security or the confidentiality of sensitive government information.
8. You are a person or organisation designated as a terrorist by New Zealand Police.

Lead Agency’s additional rights

1. Despite any other provision in the application we may, on giving due notice to you:

a) amend, suspend, cancel and/or re-issue the Application form, or any part of the Application form

b) make any material change to the Application (including any change to the Requirements or Assessment Approach) on the condition that you are given a reasonable time within which to respond to the change.

c) make any material change to the service catalogue format on Marketplace on the condition that you are given reasonable time within which to respond to the change.

2. Despite any other provision in the Application, we may:

a) accept or reject any application, or part of an application

b) provide or withhold from any of your information in relation to any question arising in relation to the application. Information will usually only be withheld if it is deemed unnecessary, is commercially sensitive to a you, is inappropriate to supply at the time of the request or cannot be released for legal reasons

c) waive irregularities or requirements in the Application process where it considers it appropriate and reasonable to do so.

New Zealand law applies

The laws of New Zealand shall govern the application process and you agree to submit to the exclusive jurisdiction of the New Zealand courts in respect of any dispute concerning the marketplace or the application process.

Disclaimer

1. We will not be liable in contract, tort, equity, or in any other way whatsoever for any direct or indirect damage, loss or cost incurred by you or any other person in respect of the application process.

2. Nothing contained or implied in the Marketplace website, or the application process, or any other communication by the Lead Agencies to you shall be construed as legal, financial or other advice. The Lead Agencies have endeavoured to ensure the integrity of such information. However, it has not been independently verified and may not be updated.

3. To the extent that liability cannot be excluded, the maximum aggregate liability of any of the Lead Agencies is NZD $1.

Precedence

1. Any conflict or inconsistency in the documentation forming the application shall be resolved by giving precedence in the following descending order:

a) application process, terms and general conditions (Rules)

b) all other sections of the application

c) any additional information or document provided by the Lead Agencies to you as published on www.marketplace.govt.nz.

2. If there is any conflict or inconsistency between information and documents having the same level of precedence, the later information or document will prevail.