1. You must agree to these Terms of Use
1.1. These terms of use (Terms of Use) contain important information about this Rio Tinto Buy Local portal (Portal). To continue using this Portal you must agree to these Terms of Use by ticking the box below.
2. Definitions
2.1. Unless otherwise specified or required by the context, any reference in this Portal to:
(a) Rio Tinto group means the dual listed company structure incorporating Rio Tinto plc and Rio Tinto Limited and including:
(i) any related body corporate of Rio Tinto plc or Rio Tinto Limited;
(ii) any unincorporated joint venture in which Rio Tinto plc or Rio Tinto Limited or any related body corporate of Rio Tinto plc or Rio Tinto Limited has a participating interest of not less than 50%; and
(iii) any body corporate or unincorporated joint venture managed by Rio Tinto plc or Rio Tinto Limited or any related body corporate of Rio Tinto plc or Rio Tinto Limited.
2.2. You or your means the relevant person or entity that is accessing all or part of this Portal.
3. General
3.1. Rio Tinto has introduced this Portal to allow businesses to view expressions of interest (EOIs) for goods and / or services required by Rio Tinto from time to time, and to allow eligible businesses (i.e. those that have completed the registration process) to submit responses to those EOIs.
3.2. Rio Tinto 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 Rio Tinto for the supply of goods/services that it requires (which may be through 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 Rio Tinto).
3.3. Uploading or posting a response to an EOI does not guarantee that Rio Tinto will invite you to respond to a Request Document or that Rio Tinto will ultimately issue you with a Purchase Order or enter into a Contract with you. Rio Tinto reserves its absolute discretion in respect of these matters and will have no liability to you as a result of any decision to award or not award a contract to you.
3.4. If, however, you are successful in your response to a Request Document, you are still required to satisfy Rio Tinto's other conditions before you can supply goods/services to Rio Tinto, including completion of a supplier qualification assessment (at your cost).
3.5. You, as one of Rio Tinto's potential suppliers, play a vital role in helping Rio Tinto deliver on the promises it makes. You must ensure that you comply or otherwise act in a manner consistent with Rio Tinto's policies entitled 'The way we work', 'The Supplier Code of Conduct' and the 'Business Integrity Standard', which are available at:
http://www.riotinto.com/aboutus/policies-standards-and-guidance-5243.aspx.
4. You must keep your account details safe
4.1. When or if Rio Tinto provides you with a user identification code, password or other piece of information as part of Rio Tinto'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.
4.2. Rio Tinto reserves the right to disable any user identification code or password, whether chosen by you or allocated by Rio Tinto, at any time, if in Rio Tinto's reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
4.3. If you know or suspect that anyone other than yourself has become aware of your user identification code or password, you must promptly notify Rio Tinto.
5. What Rio Tinto may do
5.1. Rio Tinto:
(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. Rio Tinto 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
6.1. 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 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 Rio Tinto IT systems;
(j) attempt to decompile, or reverse-engineer any part of this Portal;
(k) do anything which breaches or infringes Rio Tinto'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.
6.2. If Rio Tinto, in its reasonable opinion, believes you have breached or attempted to breach any of these provisions, Rio Tinto 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
7.1. To the maximum extent permitted by law, Rio Tinto:
(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 Rio Tinto (and its directors, employees, agents, contractors and related entities from and against any such loss or damage suffered.
8. Intellectual property
8.1. Rio Tinto 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 Rio Tinto. 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
9.1. Where this Portal contains links to other websites and resources provided by third parties (which Rio Tinto 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 Rio Tinto of the content of those linked websites or resources or information you may obtain from them. Rio Tinto 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
10.1. You are not permitted to establish a link to this Portal in any website without the prior written consent of Rio Tinto, such consent being in Rio Tinto's absolute discretion and on whatever terms and conditions Rio Tinto may think appropriate. Rio Tinto reserves the right to withdraw any consent granted without notice.
11. Do not rely on information on this Portal
11.1. Although Rio Tinto makes reasonable efforts to update the information on this Portal, Rio Tinto 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
12.1. Rio Tinto 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 Rio Tinto Data Privacy Standard, which is available at:http://www.riotinto.com/privacy-2141.aspx.
12.2. If you are engaged as a supplier, then the Supplier Privacy Notice contains more information about the processing of personal data relating to suppliers ' see on the Procurement page of the Rio Tinto website athttp://www.riotinto.com/procurement/policies-and-documents-17814.aspx.
13. Release of Business Details
13.1. You grant Rio Tinto the right to share information relating to your business, in particular business contact details and capability information that has been provided through the portal (Business Information) to other companies within Rio Tinto's supply chain. These companies may use your Business Information to contact you regarding additional opportunities to provide goods or services to them as part of the broader Rio Tinto supply chain. If the Business Information includes individual contact details of your owners or staff members (which is personal data under the Rio Tinto Data Privacy Standard), Rio Tinto expects that you will (a) make the relevant individuals aware of the Supplier Privacy Statement (referred to in clause 12), and (b) that their contact details will be released to other companies within Rio Tinto's supply chain in accordance with this clause. Please notify Rio Tinto in writing atbuylocal-africa@riotinto.com
if you do not want to share your Business Information.
14. Rights you are giving us to use material you upload or post to this Portal
14.1. You grant to Rio Tinto 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 services to Rio Tinto and to enable Rio Tinto 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.
15. Rio Tinto not responsible for viruses
15.1. Rio Tinto 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.
16. Governing Law
16.1. These Terms of Use, your registration on and use of the Portal are governed by the laws of the Republic of South Africa. You agree to submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction there in connection with matters concerning these Terms of Use.
17. Where Portal is hosted
17.1. This Portal is hosted by Amazon Web Services (AWS) South Africa.