These terms and conditions apply to the company or person named in the Vendor Application Form (Vendor) who wishes to participate as a recognised supplier to registered clients (Clients) through the E-business Guide website (the Site). By submitting the Vendor Application Form, the Vendor is deemed to have agreed to the following terms and conditions.

General

The terms and conditions set out in this section apply to all applications to New Zealand Trade and Enterprise (NZTE) for inclusion as a recognised supplier on the Site, including approved applications.

1. These terms and conditions are effective from the date the Vendor submits its application, unless otherwise terminated in accordance with these terms and conditions.
2. The Vendor warrants that the information provided in the Vendor Application Form and any other information provided to NZTE is current, complete and accurate, not misleading or deceptive, and not likely to mislead or deceive.
3. NZTE is under no obligation to accept the Vendor’s application as a recognised supplier and has the final discretion to determine whether an application will be approved.
4. Each party will keep confidential all information obtained from the other which is marked confidential or is by its nature clearly confidential and will not divulge the same to any other person without the disclosing party’s prior written consent. This obligation of confidentiality will continue indefinitely.
5. To the fullest extent permitted by law, NZTE excludes all liability in relation to the Site and NZTE will not be responsible for any loss or damage however caused (including direct, indirect, consequential, special, or loss of profits).

8. The Vendor indemnifies NZTE, its officers and employees against all costs, expenses and damages incurred in connection with its participation in the Site or the submission of an application.

6. NZTE may amend these terms and conditions by giving the Vendor at least 30 days’ prior written notice.
7. These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and the parties submit to the jurisdiction of the courts of New Zealand.

Approved Applications

The terms and conditions set out in this section only apply to approved applications.

8. The Vendor may have applied to NZTE for recognition as a supplier of a range of solutions to Clients. The Vendor will supply to Clients only the type of solution for which NZTE has given its consent and will begin that supply only when it has received notice of NZTE’s consent.
9. If the Vendor anticipates any material changes in the way it delivers its agreed solution, it will inform NZTE before the changes are made.
10. The Vendor will report to NZTE as at 31 March and 30 September in each year during which it has been a recognised supplier in relation to the Site. The report will be in accordance with the reporting template attached, or a replacement of it.
11. The Vendor will designate a single point of contact who will discuss any questions that may arise from Clients.
12. The Vendor will maintain the strict confidentiality of any Client information which is imparted to it under an obligation of confidentiality.
13. The Vendor will permit NZTE to include on the Site a link to the Vendor’s website.
14. The Site Terms and Conditions (which are an agreement between NZTE and Clients) provide that the contents of the Site are the copyright of NZTE and suppliers to it. No part of the Site may be distributed or copied for any commercial purpose and Clients are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without the prior written consent of NZTE. Where applicable and practicable NZTE will refer any clearance request to a Vendor.
15. The Vendor may not refer to NZTE in relation to the Site or otherwise, except to Clients and using only the statement provided to it by NZTE. Specifically, The Vendor may not refer to itself as a recognised supplier to NZTE except in relation to the Site. The Vendor may not in any circumstances imply that NZTE endorses the Vendor, or its products or services.
16. The Vendor acknowledges that if it enters into any transaction with a Client in connection with the Site, it does so entirely in reliance on its own judgement and inquiries and not in reliance on any statements, warranties or representations made to it or to any other person by or on behalf of NZTE. The Vendor releases NZTE from all claims arising from any statement or representation made by or on behalf of NZTE. Accordingly, all express or implied warranties and representations are excluded to the maximum extent permitted by law.
17. The Vendor indemnifies NZTE, its officers and employees against all costs, expenses and damages incurred in connection with its participation in the Site and its dealings with Clients.
18. Either party may give notice of the termination of the Vendor’s recognition as a supplier through the Site, for any reason.