Supplier Portal Terms of Use - BGC Housing Group

BGC Housing Group Supplier Portal Terms of Use

1.0 About the Supplier Portal

This is a website operated by BGC Housing Group (BGC Residential Pty Ltd; J-Corp Pty Ltd; and Ventura Home Group Pty Ltd) using Oracle APEX technology (“the Site”). Your use of the information, graphics and materials on the Supplier Portal (“Material on the Site”) is governed by these terms of use and the privacy and security statement. In addition to the terms contained in this document, there are also specific terms which form part of the terms of use and govern your use of, and access to, BGC Housing Group, including any agreement signed with BGC Housing Group.

1.1 Your agreement to the terms and conditions

By accessing and using the Site, including submitting invoices through the Site, you agree that you will be subject to and will comply with these terms and conditions,

1.2 Registration and use of your account

You must complete the registration process through the Site before placing any Invoices through the Site.
You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
If you choose to use a personal email address (as opposed to your work email address) for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities, including any security and / or privacy requirements of your workplace.

1.3 Your obligations

You:

must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
must notify us through our Head Office during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
must promptly advise us of any changes to your information provided to us as part of the registration process;
are responsible for any costs associated with your access to or use of the Site, including Internet access fees; and
are responsible and liable for any person that uses your LoginID and password to issues invoices through the Site.

You must not:

use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
make fraudulent enquiries, invoices or requests through the Site;
use another person’s details without their permission or impersonate another person when using the Site;
post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
hinder the operation of the Site;
knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
modify, adapt, translate or reverse engineer any portion of the Site;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
reformat or frame any portion of the web pages that are part of the Site;
create accounts by automated means or under false or fraudulent pretences;
use the Site to violate the security of any computer or other network or engage in illegal conduct;
take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
use the Site other than in accordance with these terms and conditions; or
attempt any of the above acts or engage or permit another person to do any of the above acts.

1.4 Warranties

You warrant that:

all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
you have and will comply with all relevant laws relating to your use of the Site and your placement of any Invoices to us.

1.6 Suspension of account

We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
1. the breach cannot be remedied;
2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or
3. if there is an emergency.
You may stop using the Site at any time and for any reason.
We may stop making the Site (or any part of it) available without prior notice.

2.0 Fraud and risk assessment

We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your invoice without notice.

3.0 Liability

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under law or BGC Housing Group’s liabilities under those provisions:
1. you acknowledge that each Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site for any purpose;
2. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
3. we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

4.0 Intellectual property rights

You:

acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Materials), are owned by or licensed to us;
must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

You may:

store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties without obtaining the relevant third party owner’s consent.

5.0 Changes to these terms and conditions

We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. We recommend that you read these terms carefully each time you agree to them during the ordering process.

6.0 Severability

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

7.0 Jurisdiction

This agreement is governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

8.0 Privacy and Commercial Electronic Messages

Our Privacy Policy is available here and forms part of these terms and conditions. You acknowledge that you have read our Privacy Policy and understand that they govern your use of the Site and the Site’s related services, including purchasing goods and services from us or our Everyday Market Partners using the Site.
You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by BGC Housing Group. Your agreement to receive commercial electronic messages from BGC Housing Group will be effective until you opt out.
You may opt out of the receipt of commercial electronic messages sent by BGC Housing Group by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving supplier surveys, requests for feedback and market research.

9.0 Third Party Software

Unless otherwise indicated software downloads available via links from the BGC Housing Group website are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, BGC Housing Group accept no liability in respect of such third party products and BGC Housing Group provide no warranty and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.

10.0 Termination

These terms of use (and the agreement constituted by your use of the information, graphics and materials on the BGC Housing Group website) and your access to the BGC Housing Group website may be terminated at any time by BGC Housing Group without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by the BGC Housing Group will survive termination, however, you will no longer be authorised to access the BGC Housing Group website.