Welcome to Cotiss for Suppliers by Cotiss Limited (NZCN 8143589) (Cotiss, we, us, our).

These are the terms and conditions together with our Privacy Policy on which the Cotiss offers you access to Cotiss for Suppliers.

1. General 

1.1 By registering as a Supplier or using Cotiss for Suppliers you are deemed to have accepted these terms and conditions as amended by us from time to time. 

1.2 Amendments to these terms and conditions will be effective at the time that the amended terms and conditions are posted on Cotiss for Suppliers. 

2. Warnings and disclaimers 

2.1 General 

(i) You understand and agree that your use of Cotiss for Suppliers is at your own risk. Cotiss for Suppliers is provided on an "as is" and "as available" basis. To the maximum extent permitted by law we disclaim and exclude all warranties including, but not limited to, any warranties of acceptable quality, fitness for a particular purpose, and non-infringement.

(ii) We do not make any representation about, nor endorse, nor accept any responsibility for the accuracy, currency, completeness, fitness for purpose, usefulness, or reliability of any Information on Cotiss for Suppliers and you agree that your reliance on such Information is entirely at your own risk.

(iii) We do not warrant that the functions provided on Cotiss for Suppliers will be secure, uninterrupted or error free, that defects will be corrected, or that Cotiss for Suppliers or the server that makes it available are free from viruses or items of a disruptive or harmful nature. You must ensure that you are protected against viruses, malware or other items of a destructive or harmful nature.

(iv) We may, at any time, modify, suspend or terminate Cotiss for Suppliers.

(v) Without limiting any other rights and remedies available to us, we may limit your activities on Cotiss for Suppliers, warn other Users of your actions, issue a warning to you, suspend or terminate your registration, remove material that you have posted on Cotiss for Suppliers, or refuse to provide Cotiss for Suppliers to you if you breach these terms and conditions, or we consider it appropriate.

(vi) You consent to us communicating information to you where we consider it necessary or relevant. You are responsible for ensuring that you are aware of any relevant terms and conditions contained in any tender documents posted on Cotiss for Suppliers.

(vii) We do not act as an agent for any organisation and we are not a party to any procurement process between you and other parties.

(x) From time to time Cotiss for Suppliers may include links to other websites. We do not control or endorse those websites, and are in no way responsible for those links or information available on linked websites, including their reliability, usefulness, security or otherwise. We reserve the right to disable any unauthorised links from Cotiss for Suppliers.

2.2 Liability 

You acknowledge and agree that, to the maximum extent permitted at Law, any and all liability of Cotiss to you under or in connection with these terms and conditions, Cotiss for Suppliers or your use of Cotiss for Suppliers, and all Information on Cotiss for Suppliers is excluded regardless of whether liability arises in contract, tort (including negligence), equity or by statute or otherwise, and whether such liability is for direct, indirect, consequential, special or punitive losses or damages, or loss of profit, income, data, business opportunity or anticipated savings. Where liability has not been excluded you agree that the liability of Cotiss is limited to $1 (unless prohibited by Law).

2.3 Your indemnity 

You agree to indemnify, and keep indemnified, Cotiss and our Personnel against any and all actions, claims, proceedings, losses, liabilities, damages, costs and expenses (including legal costs on a solicitor-client basis) suffered or incurred by Cotiss or our Personnel arising out of or in connection with your use of Cotiss for Suppliers and any breach by you of these terms and conditions.

3. Your use of Cotiss for Suppliers 

3.1 Registration 

(ii) By registering to become a Supplier you confirm that you have the full power, capacity and authority to act on behalf of the organisation (if any) that you represent.

3.2 Your obligations 

(i) You agree to use Cotiss for Suppliers responsibly and not to: 

(a) upload, post or otherwise transmit or disseminate any software, material, comment or information that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable or inconsistent with the Operation Manuals; 

(b) infringe the intellectual property rights or any other rights of any other person; 

(c) undertake any purpose that is unlawful or prohibited by these terms and conditions; 

(d) disrupt or interfere with the operation of Cotiss for Suppliers in any way, including by using viruses, programs or technology that disables, overburdens or impairs Cotiss for Suppliers, or interferes with any other person’s use and enjoyment of Cotiss for Suppliers; 

(e) use any software or other method (whether automatic or manual), including any spider or robot, to monitor, copy, collect or index any data, Information or content found on Cotiss for Suppliers; or 

(f) impersonate another person or entity or to forge any e-mail communication or message. 

(ii) You expressly warrant that:

(a) you will keep confidential all Confidential Information and all information identified as being commercially sensitive that you access from Cotiss for Suppliers and will not pass any such information to third parties without the express permission of the owner of the information; 

(b) you will not permit third parties to use your registration and you will keep secure from third parties any password issued to you in connection with Cotiss for Suppliers; and 

(c) you will notify us if you see material on Cotiss for Suppliers that may be in breach of these terms and conditions. 

3.3 Responding to a RFx on Cotiss for Suppliers 

(i) You are solely responsible for your response to any RFx (Proposal) or content you post on Cotiss for Suppliers. 

(ii) By submitting a Proposal you agree and acknowledge:

(a) you have read and fully understand the RFx, including any specific terms, included in the RFx (if applicable) and that you agree to be bound by them.

(b) have read and fully understand the nature and extent of the Buyer’s Requirements as described in the RFx and confirm that the you have the necessary capacity and capability to fully meet or exceed the and requirements included in the RFx (Requirements) and will be available to deliver throughout the relevant contract period included in the RFx.

(c) you confirm that any Proposal submitted, including the price, remains open for acceptance for the duration of any offer validity period included in the RFx

(d) you have disclosed to the Buyer any actual, potential or perceived Conflict of Interest in submitting the Proposal, or entering into a Contract to deliver the Requirements and that, where a Conflict of Interest arises during the RFx process, you will report it immediately to the Buyer.

(iii) By submitting any Proposal you warrant that:

(a) you have not entered into any improper, illegal, collusive or anti-competitive arrangements with any Competitor

(b) you have not directly or indirectly approached any representative of the Buyer (other than the Point of Contact) to lobby or solicit information in relation to the RFx

(c) you have not attempted to influence, or provide any form of personal inducement, reward or benefit to any representative of the Buyer.

(iv) you authorise the Buyer to collect any information about the you, except commercially sensitive pricing information, from any relevant third party, including a referee, or previous or existing client

(v) use such information in the evaluation of any Proposal submitted via Cotiss for Suppliers

(vi) You will ensure that in relation to any Information you post: 

(a) you are entitled to do so; 

(b) it does not breach any Laws or relevant governmental policy; 

(c) does not breach your obligations in clause 3.2; 

(d) it does not contain any information that is untrue, incorrect, or unfounded or misleading; 

(e) it does not contain a virus, malware or other harmful code and that you have virus-checked it; 

(f) you either have sole ownership of all intellectual property rights in such information on a world-wide basis or have obtained full and effective license(s) from all relevant third parties allowing you or a third party acting on your behalf to use the information and to permit its dissemination world-wide; 

(g) you grant us a non-exclusive license to use, reproduce, adapt and modify and store any information you post on Cotiss for Suppliers; and 

(h) it does not purport to reflect our views or be binding on, or posted by, us. 

(vii) You warrant and represent that you agree to waive any moral rights in your contribution for the purposes of its submission to, and publication on, Cotiss for Suppliers and the other purposes specified above.

(viii) We may request that you remove any link to Cotiss for Suppliers from another website (other than the homepage) if we think that the link is inappropriate.

4. Other 

4.1 Complaints 

If you have any complaints or issues in relation to Cotiss for Suppliers please contact us at customersuccess@cotiss.com.

 4.2 Entire Agreement 

These terms and conditions (the Agreement) is the entire agreement between you and us in relation to the provision and use of Cotiss for Suppliers and supersedes all agreements, arrangements, understandings or representations relating to the subject matter of this Agreement.

4.3 Severability

If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal (whether partly or in full) for any reason, and in any respect, that provision (or part of that provision) will be severed and the remaining terms and conditions will continue in full force and effect with the necessary modifications.

4.4 No Waiver 

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

4.5 Governing law 

These terms and conditions, your use of Cotiss for Suppliers, any information contained on it, and any dispute arising out of such use of Cotiss for Suppliers are subject to the laws of (1) New Zealand (where you are ordinarily resident or incorporated in New Zealand) or (2) Australia (where you are ordinarily resident or incorporated in Australia), as applicable. The parties submit to the non–exclusive jurisdiction of the courts of those jurisdictions respectively in respect of any dispute or proceeding arising out of the Agreement.

4.6 Interpretation: 

(i) The terms "we", "us" and "our" are a reference to Cotiss and, as context requires, to the Cotiss for Suppliers administration team within Cotiss as the holder of the domain name www.cotiss.com

(ii) References to "you", "your" or "User" means each person who has registered to use Cotiss for Suppliers and includes the organisation or entity disclosed as that person's organisation or entity on registration

(iii) Cotiss for Suppliers means the Cotiss product that Suppliers can use to respond to tenders posted by Buyers available at www.cotiss.com

(iv) Information means all of the material and information on Cotiss for Suppliers, including text, graphics, images, sound, video, data or any combination of such material, as well as all material in any tender or other documents whether or not it is uploaded to the website Cotiss for Suppliers by you.

(v) Laws means: 

(a) any statute, regulation, bylaw, ordinance or subordinate legislation in force from time to time in New Zealand or Australia; or 

(b) the common law and the law of equity as applicable in New Zealand; or 

(c) any binding court order, judgment or decree; 

(d) any applicable industry code, convention, policy or standard enforceable by law; or 

(e) any applicable direction, policy, permission, consent, licence, rule or order that is binding on you and that is made or given by any governmental, legal or regulatory body having jurisdiction over you or your assets, resources or business, in any jurisdiction that is applicable to these terms and conditions; and 

(f) includes any laws or similar in any jurisdiction(s) to which you are subject. 

(vi) Personnel means our employees, agents, officers and independent contractors.

(vii) Privacy Policy means the Cotiss Privacy Policy, as amended from time to time, and located at www.cotiss.com/privacy-policy

(viii) Professional Advisor means any legal, accounting, procurement, IT or other technical professional.

(ix) RFx means any notice posted on Cotiss by a Buyer including but not limited to Request for Proposal (RFP), Request for Tender (RFT), Request for Quote (RFQ), Request for Bid (RFB), Expression of Interest (EOI), Registration of Interest (ROI) and/or Request for Information (RFI),

(x) Suppliers means any User wishing to respond to tender (or other) documents published on Cotiss for Suppliers and who is registered as a seller.