Terms of use

These Terms of use (terms) govern buy.nsw (the site) and form a binding legal agreement between NSW Treasury and a user or visitor (you) of the site.
On this page

By visiting the site and/or becoming a user, you agree to these terms.

We may change these terms at any time. Any such changes will take effect when we publish this page. We will email users of substantial changes.

You agree to:

Act in a way that is lawful and ethical

You agree to act in a way that is ethical, reasonable, with integrity, and complies with applicable laws when using the site.

You must use the site only for lawful purposes and must not act in a way that may infringe rights or restrict or inhibit the use and enjoyment of the site by others. This includes conduct which is unlawful, or which may cause distress, inconvenience and harassment to any visitor or user.

You must not post or send any obscene, unlawful, defamatory, scandalous or offensive material or any material that encourages conduct that would contravene any law. You must not introduce trojans, viruses, worms, logic bombs or any other material that’s malicious or technological harmful to the site. You must not try to gain unauthorised access to the site, the server on which it’s stored or any server, computer or databased connected to it. You must not attack the site in any way. This includes denial-of-service attacks.

buy.nsw staff will report unlawful behaviour to relevant law enforcement authorities. We will assist with an investigation conducted by authorities, including disclosure of any information we hold on suspected users.

Respect the privacy of others

You agree to respect the privacy and personal information of others.

You must use, disclose or collect personal information you access through the site only for the purpose it was provided. You must protect any personal information you collect through the site, and ensure the individual to which it relates retains any rights to that personal information accorded in the New South Wales Privacy and Personal Information Protection Act 1998.

You must not use, disclose or collect personal information through the site for another purpose, unless you obtain explicit consent from the individual to which the information relates.

Uphold copyright laws

You agree to abide by Australian and international copyright laws.

All content included on or made available through the site, such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads and data compilation is the property of NSW Treasury or its users and is protected under Australian and international copyright laws.

You may print, download, display and reproduce without amendment the content of the site for personal, in-house or non-commercial use. You are not permitted to alter, transmit, or reproduce the content for commercial use without our permission. You can make a request to use content for non-personal use, or in amended form by email to NSWBuy@treasury.nsw.gov.au.

You are strictly prohibited from using the NSW Government waratah, departmental logos and branding.

For more information on the use of licensed material, see the Copyright page.

Protect your data and devices

You agree to take appropriate and adequate precautions to prevent damage to your computer system, data or software. This includes keeping your user account username and password for the site secure.

If you suspect the security of your user account to be compromised, it is your responsibility to tell us via email on NSWBuy@treasury.nsw.gov.au.

Provide information that is true, accurate, complete, current and not misleading

You agree that any information you provide to us and the site is true, accurate, complete, current and not misleading to the best of your knowledge and belief.

If the information you provide to us and the site is found to be false, inaccurate, incomplete, not current or misleading we may suspend or end your user account at our discretion.

Allow us to use any material you provide for the purposes of the site

You agree that you have read and agreed to the site's Privacy statement.

We use a range of analytics services which may send data to servers offshore. These analytics services do not identify individual users or associate your IP address with any other data that users hold for other purposes. We use reports provided by analytics services to help us understand how the site is used. By creating a user account and accessing the site, you consent to us processing data about your activities on the site.

For more information on the use of APIs, Google Analytics, cookies and personal information collected on the site, see the Privacy statement.

You agree to licence us to use and reproduce all information that we gather, such as text, graphics, buttons, icons, images, audio clips, digital downloads and data. This information will be used for the purposes of the site, such as analysis, dashboards, promotion and reporting on activity occurring on the platform.

Indemnify us and our staff

You agree to always indemnify and hold harmless us and our staff from and against all loss (including reasonable legal costs and expenses) or liability from any action, demand, suit, claim or proceedings by any person or entity arising out of:

  • any breach of these terms by you
  • any infringement of any law or rights of a person or entity by you
  • the publication of or distribution of the information or material supplied by you.

You agree that we do not accept any liability for loss caused by:

  • suspension or termination of your user account
  • the use or operation of the site
  • the unauthorised access use or loss of data, or any other loss occurring in connection with the use or operation of the site.

We agree to:


Act in a way that is lawful and ethical

We agree to act in a way that is ethical, reasonable, with integrity, and complies with applicable laws when managing the site. For further details please refer to our Code of Ethics and Conduct and Statement of Business Ethics.

Respect your privacy

We will only use personal information collected on or through the site for the purpose it was collected, unless the relevant individual has given consent for other purposes. For more information on the use of Google Analytics, cookies and personal information collected on the site, see the Privacy statement.

Keep data we hold secure

We maintain appropriate physical, technical and administrative security to help prevent the loss, misuse, unauthorised access, disclosure or modification of data on the site.

While we take these steps to protect your information as much as we can, no system or transmission of data over the internet or any other public network, or any storage of data, is 100% secure. We do not accept any liability for the loss, misuse, unauthorised access, disclosure or modification of your data.

Ensure material on the site is true, accurate, complete, current and not misleading

We agree to take reasonable steps to ensure material on the site is true, accurate, complete, current and not misleading to the best of our knowledge and belief. We will take steps to amend information where we have deemed it untrue, inaccurate, incomplete, out-of-date or misleading.

We will remove or change content:

  • to ensure the content is true, accurate, complete, current and not misleading
  • to comply with data protection legislation, covering the rights and freedoms of individuals
  • if it breaches copyright laws, contains sensitive personal data or material that may be considered obscene or defamatory.

You can request content to be changed or removed from the site by email to NSWBuy@treasury.nsw.gov.au. You will need to include the web address (URL) of the content and explain why you think it should be removed.

Our decision to change or remove content is at our absolute discretion in discussion with our staff and/or the user responsible for it.

Communicate in a timely and clear manner

We agree to take reasonable steps to notify you of any changes to our Terms of use, Privacy statement, supplier rules, buyer rules or guidance which may affect you. If you have created an account, we agree to take reasonable steps to notify you of anything affecting your account.

We will use notifications on the site to communicate with visitors. If you have created an account, we will notify you directly by email where appropriate.

We agree to respond to all enquiries in a timely manner and provide clear and comprehensive advice wherever possible. If you have a question or feedback, you can email us at NSWBuy@treasury.nsw.gov.au.

Definitions

  • Buy.nsw (the site) is the online procurement platform located at https://buy.nsw.gov.au
  • Buyer means an entity registered as a buyer on buy.nsw.
  • Supplier means an entity registered as a supplier on buy.nsw that wants to supply to NSW Government.
  • Entity means a person, partnership, organisation or business that has a legal and identifiable existence.
  • User means any individual who has created a user account with buy.nsw.
  • Visitor means an individual or corporate body that visits buy.nsw.
  • You or your means the user.
  • We, us and our means NSW Treasury.
  • Content includes documents, pages, data and images.
  • Loss means loss, damage, cost or expense (to any person or property) including indirect loss or consequential loss or any loss of profits, data or revenue.
  • Consequential loss means any loss recoverable at law (other than arising in the usual course of things, including a loss of:
    • income or revenue
    • profits
    • opportunity or goodwill
    • value of any equipment
    • anticipated savings or business.

Published content

The site contains content and material published by us. While we take reasonable care to keep the content updated, we make no warranties of any kind about its accuracy, currency or suitability for any purpose.

The material on the site may include the views or advice of third parties. These do not reflect our views or our commitment to a course of action.

Content provided by third parties

If you are accessing resources originating from a third-party source, you are personally responsible for assessing the relevance and accuracy of its content, and for complying with all applicable laws governing copyright materials.

To the greatest extent permitted by law, we disclaim all and any guarantees, undertakings and warranties, express or implied, and will not be liable for any loss or damage arising out of, or in connection with, any use of or reliance on the material on the site.

Links to third-party sites

We are not responsible for the content or reliability of external sites linked from the site. We do not endorse on these third-party sites:

  • the views expressed
  • any information, services and products offered on or through them
  • that the content and material does not infringe the copyright of any person.

We do not authorise the reproduction of material on third-party websites.

You may insert a link to the site on another site without asking our permission. But, you must not:

  • alter the content of the site
  • reformat or frame the pages, files, information, images and content from the site on any other site
  • state or imply that we or the site endorses the website, products or services.

You agree that if you insert a link to the site on other sites that it is at your own risk and that we do not accept any liability for any expense incurred by you or other persons or entities because of the link.

Breaches to terms

Visitors and users who breach the terms will be warned by the site’s administrator. Subsequent breaches will result in the visitor and user being blocked from accessing the site and legal action may be taken.

If deemed necessary, breaches to terms may result in the termination of user accounts, without liability for any loss. Once we end your user account, all rights granted to you in these terms will cease.

Jurisdiction

The laws of New South Wales, Australia govern these terms. Any dispute must be heard in the courts of New South Wales.

If any of these terms are found to be invalid, illegal or unenforceable or for any reason by the courts of New South Wales, the remaining terms will continue to apply in full.