1. You must agree to these Terms of Use
These terms of use (Terms of Use) contain important information about this local procurement portal
(Portal).
To continue using this Portal you must agree to these Terms of Use by ticking the box below.
2. Definitions
Unless otherwise specified or required by the context, any reference in this Portal to:
(a) Affiliate means, in reference to a Person, any other Person that:
(i) directly or indirectly controls or is controlled by the first Person; or
(ii) is directly or indirectly controlled by a Person that also directly or indirectly
controls the first Person.
A Person controls another Person if that first Person has the power to direct or cause
the direction of the management of the other Person, whether directly or indirectly, through one or more
intermediaries or otherwise, and whether by ownership of shares or other equity interests, the holding of
voting rights or contractual rights, by being the general partner of a limited partnership, or otherwise.
(b) Person means:
(i) a natural person; or
(ii) a legal person, including any individual, partnership, limited partnership, firm,
trust, body corporate, government, governmental body, agency, or instrumentality, or unincorporated venture.
(c) Newmont means Minera Peñasquito S.A. de C.V., subsidiary of Newmont Corporation
(d) You or your means the relevant Person that is accessing all or part
of this Portal.
3. General
Newmont has introduced this Portal to allow businesses to view expressions of interest (EOIs) for goods
and/or
services required by Newmont from time to time, and to allow eligible businesses (i.e., those that have
completed the registration process) to submit responses to those EOIs.
Newmont will decide, in its absolute discretion, which businesses that have responded to an EOI will be
invited
to respond to a Request Document issued by Newmont for the supply of goods/services that it requires.
Such Request Document may be a request for information (RFI), a request for proposal
(RFP),
a request for tender (RFT), a request for quote (RFQ) or any other form of request document
issued
by Newmont.
Uploading or posting a response to an EOI does not make you a supplier of Newmont nor does
it (a) guarantee that Newmont will invite you to respond to a Request Document; or (b) that
Newmont will enter a contract with you, whether by issuance of a purchase order, written
agreement or other arrangement. Newmont reserves its absolute discretion in respect of these
matters and will have no liability to you whatsoever as a result of any decision to whether or not
to award or enter into a contract to you.
If, however, you are successful in your response to a Request Document, you are still required
to satisfy Newmont's other conditions before you can supply goods/services to Newmont,
including completion of any supplier pre-qualification tests or any other test requested.
You, as one of Newmont's potential suppliers, play a vital role in helping Newmont deliver on the
promises it makes. You must ensure that you comply or otherwise act in a manner consistent
with Newmont's policies and procedures.
4. You must keep your account details safe
When or if Newmont provides you with a user identification code, password, or other piece of
information as part of Newmont's security procedures to enable you to access areas of this Portal
or other content or services, you must treat such user identification code, password and
information as confidential and not disclose them to any other person.
Newmont reserves the right to disable any user identification code or password, whether chosen
by you or allocated by Newmont, at any time, if in Newmont's reasonable opinion you have failed
to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than yourself has become aware of your user
identification code or password, you must promptly notify Newmont.
5. What Newmont may do
Newmont:
(a) may amend these Terms of Use in its absolute discretion at any time by publishing a
revised version of the Terms of Use on this Portal. Every time you wish to use this Portal,
please check these Terms of Use to ensure you understand the terms that apply at that
time.
(b) does not guarantee that this Portal, or any content on it, will always be available or be uninterrupted.
Newmont may suspend, withdraw, or restrict the availability of all or any part of this Portal in its
absolute
discretion at any time; and
(c) may update and change this Portal in its absolute discretion at any time.
6. Using this Portal
When using this Portal and participating in any EOI made available on this Portal you must not:
(a) create or impersonate another person or entity or misrepresent your or their authority to act.
(b) make any false or misleading claim, statement, or other representation.
(c) violate any applicable laws, including laws regarding the offering of bribes (including facilitation
payments) or inducements.
(d) do anything which will or might disrupt access to, or interfere with the proper operation of this Portal,
or
any transaction being conducted on it.
(e) misuse this Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that
is
malicious or technologically harmful.
(f) attempt to gain unauthorised access to any part of this Portal that is restricted from general access or
which you do not have access to, the server on which this Portal is stored, or any server, computer or
database
connected to this Portal.
(g) attack this Portal via a denial-of-service attack or a distributed denial-of-service attack.
(h) upload, post or send any 'spamming material' or any other form of bulk communication.
(i) undermine or attempt to undermine the security or integrity of the computing systems or networks
associated
with this Portal or Newmont IT systems.
(j) attempt to decompile, or reverse-engineer any part of this Portal.
(k) do anything which breaches or infringes Newmont's intellectual property rights in any way; or
(l) upload or post any content in violation of applicable laws or the rights of any other person, including
material which is protected by copyright, material that is defamatory, threatening, or obscene, or material
protected by trade secrets or privacy.
If Newmont, in its reasonable opinion, believes you have breached or attempted to breach any of these
provisions,
Newmont reserves the right to:
(a) report this to the relevant law enforcement or regulatory authorities (if appropriate) and will
co-operate
with those authorities, including the disclosure of any personal or business information you have provided
to us
(including your identity) if requested; and
(b) immediately remove your access to and right to use this Portal and prevent you from re-registering.
7. Indemnity and exclusion of liability
To the maximum extent permitted by law, Newmont:
(a) excludes all implied conditions, warranties, representations, or other terms that may apply to this
Portal or
any content on it; and
(b) will not be liable to you for any loss or damage (including for any indirect or consequential loss)
whether
in contract, tort (including negligence) breach of statutory duty, or otherwise, even if foreseeable,
arising
under or in connection with your:
(i) access to, termination of access to, use of or inability to use, this Portal.
(ii) use of, or reliance on, any content displayed on this Portal; and
(iii) breach of these Terms of Use or any other legal obligation you have,
and you agree to release, indemnify, and hold harmless any of Newmont (and its directors, employees, agents,
contractors, and Affiliates) from and against any such loss or damage suffered.
8. Intellectual property
Newmont is the owner or the licensee of all intellectual property rights in this Portal, and in any content
published on it. You must not reproduce, alter, modify, or disseminate any part of the content of this
Portal
(including any trademarks or logos) without the prior written consent of Newmont. All intellectual property
rights are expressly reserved by their respective owner. In the event of a breach of this provision, your
right
to use this Portal will cease immediately.
9. Links from this Portal
Where this Portal contains links to other websites and resources provided by third parties (which Newmont may
amend from time to time), these links are provided for your information only and such links should not be
interpreted as endorsement or approval by Newmont of the content of those linked websites or resources or
information you may obtain from them. Newmont has no control of those websites and resources and will not be
responsible for the security, content, accuracy or otherwise of those websites or resources or information
obtained from them.
10. Linking to this Portal
You are not permitted to establish a link to this Portal in any website without the prior written consent of
Newmont, such consent being in Newmont's absolute discretion and on whatever terms and conditions Newmont
may
think appropriate. Newmont reserves the right to withdraw any consent granted without notice.
11. Do not rely on information on this Portal
Although Newmont makes reasonable efforts to update the information on this Portal, Newmont makes no
representations, warranties, or guarantees, whether express or implied, that the content on this Portal is
accurate, complete, up to date or useful for any particular purpose.
12. Privacy Statement
Newmont will process personal information that you upload or post to this Portal (including as part of your
registration or in your responses to EOIs) in accordance with the Privacy section.
13. Rights you are giving us to use material you upload or post to this Portal
You grant to Newmont a worldwide, irrevocable, non-exclusive, royalty-free licence to use, edit, reproduce,
adapt, publish, translate, and distribute by any existing or future means any information/material you
provided
to us through this Portal for the purpose of evaluating your capability to supply goods and/or services to
Newmont and to enable Newmont to collect, store and analyse this information/material for the purposes of
internal analysis and reporting. Any external reports we prepare from the information you have provided to
us
will only contain non-identifying aggregated information.
14. Newmont not responsible for viruses
Newmont does not guarantee that this Portal will be secure and free from bugs or viruses. You should use your
own
virus protection software.
You are responsible for configuring your information technology, computer programmes and platform to access
this
Portal.
15. Governing Law
These Terms of Use, your registration on and use of the Portal are governed by the laws of Mexico. You agree
to
submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction there in connection with
matters
concerning these Terms of Use.
16. Where Portal is hosted
This Portal is hosted in Amazon Web Services (AWS), Sao Paulo, Brazil