TERMS & CONDITIONS
By registering with the NMDC’s online registration platform (hereinafter
“Portal”), you the vendor / supplier (“Vendor”) agree to the following terms
and conditions (“Terms of Use”). NMDC reserves all rights to amend these
Terms of Use at any time in NMDC’s absolute discretion and without providing any
prior notice to the Vendor.
Portal’s Terms of Use:
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The Vendor’s representative
warrants that he/she is authorized on behalf of the Vendor to agree to the
Terms of Use and to represent the Vendor when using the Portal.
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The Portal, its design and
operating systems are the intellectual property of NMDC and the Vendor
shall not copy nor reproduce any element of the Portal nor infringe NMDC’s
intellectual property rights in respect of the Portal in any way and shall
not use intellectual property of NMDC without express written consent of
NMDC.
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All information provided to NMDC
by the Vendor via the Portal is current, true and accurate, including for
the avoidance of doubt any invoice submitted to NMDC via the Portal
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It is the Vendor’s responsibility
to update its account on the Portal with any changes to the Vendor’s
contact information, bank account details and/or business status.
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NMDC is not responsible or under
any obligation to update any information on its Portal.
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NMDC may independently verify any
amendment of the Vendor’s bank account details and request any supporting
evidence from the Vendor, which the Vendor shall supply to NMDC without
delay.
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Submission of an Application does
not guarantee that the Vendor will receive tender invitations from NMDC
nor does it oblige NMDC to approve the Application.
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The Vendor is responsible for
updating its information and documents held on the Portal, including the
submission of the Vendor’s renewed trade/commercial/professional license
is valid for one calendar year and the Vendor is responsible for any
renewal of the Registration Process.
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NMDC reserves the right to accept
or reject registration and Applications in its absolute discretion. Any
act below on the part of the Vendor shall result in automatic
deregistration and permanent prohibition from use of the Portal:
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submission of false and/or forged
documentation to the Portal;
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conviction of the Vendor of any
crime of corruption or financial dishonesty whatsoever in any
jurisdiction;
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infringement by the Vendor of NMDC’s
or a third party’s intellectual property rights;
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direct and/or indirect price
fixing by the Vendor;
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misrepresentation to NMDC of the
quality of goods and/or services provided and/or to be provided by the
Vendor;
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Any breach of any agreement
between the Vendor and NMDC; and
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Breach of NMDC’s tendering
policies
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NMDC provides no guarantee or
assurance that the information submitted to the Portal by Vendor will be
held securely.
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No warranty, representation,
guarantee whether express or implied, is given by NMDC in respect of the
operation of the Portal.
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NMDC accepts no liability
whatsoever for any loss or damage (whether direct and/or indirect)
incurred by the Vendor when using the Portal for any reason
whatsoever, including but not limited to:
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unauthorized access, interception
and/or hacking of the Portal by a third party;
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any inaccuracy, error, delay or
omission in relation to any data, information and/or message displayed on
and/or transmitted via the Portal;
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any electronic virus, bug,
malware, spyware, adware or other harmful content transmitted to the Vendor’s
electronic systems via the Portal;
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unavailability and/or suspension
and/or removal of the Portal;
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errors in the Portal resulting in
delayed payment of an invoice;
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fitness for purpose of the
Portal; and
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Failure by the Vendor to comply
with these Terms of Use.
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The Vendor shall immediately
notify NMDC if:
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Vendor suspects or believes that
there has been any unauthorized access of Vendor’s Portal registration
and/or the Vendor’s Portal password has been compromised;
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The Vendor believes the Vendor
information held on the Portal is inaccurate and/or incomplete; or
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An invoice has been submitted to NMDC
in error.
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If any provision of these Terms of
Use is considered invalid, unenforceable or illegal or if some part of it is
deleted, the rest of the provision(s) shall apply with whatever
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The laws of Abu Dhabi and the federal
laws of the United Arab Emirates shall govern these Terms of Use. Any
dispute arising from these Terms of Use shall be submitted to the
exclusive jurisdiction of the Abu Dhabi Courts.