eBidding URL: https://e-tbm.tropicanacorp.com.my/login (“Website”)

By registering to participate in the Tropicana eBidding system (“eBidding System”) hosted in the above Website, you expressly agree to the following terms and conditions:

1. Definitions

   1.1 The following words and expressions shall have the meanings hereby assigned to them:
   

   1. Bidder – means the person participating in the eBidding and shall include the individual who is authorized by the Bidder to submit a bid thru the eBidding System.
   2. Bid or eBid Price – means the firm price submitted by the Bidder during the eBidding to perform the work.
   3. Last Bid Price / Last Submitted Price – means the most recent Bid submitted by the Bidder, whether through manual submission or eBidding System.
   4. Works – Works refer to the scope of works described in the tender document and the tender addendum issued, if any.

   1.2 A reference to a person includes an individual, a company, partnership, joint venture, association, corporation or other body corporate and a governmental agency

2. Bidding.

   2.1 For “Round Bidding”, the Bidder shall complete the three rounds of eBidding and at any round of the eBidding, if the Bidder does not submit any eBid Price, last eBid Price shall be deemed to be the valid offer price. The ranking disclosed during the eBidding rounds may reflect a modified competitive ranking in the event of a tie between bid(s) placed by you and any other identical bid(s). Ranking will not be revealed if Bidder does not reduce the Bid price for a minimum sum in each round (Round 1 & Round 2) as stipulated in the invitation email, however no ranking will not be announced in the final round (round 3).
   For “Reversed Auction”, system will propose a bidding price for bidder to bid in each round, 1st round will be within 3 minutes and subsequent round will be 2 minutes. Bidder to take note system may continue proposing bidding prices by a fixed reduction sum in each round and Bidder will be notified the chance of winning from 2nd round onwards. Bidding event will end when no submission of prices by bidders within the given time frame. At any time, bidder can choose to “pull out” if they could not meet the proposed price anymore, however bidder will still be able to submit their best price before log out from the bidding platform.

   2.2 Once the eBid Price is placed, the Bidder cannot withdraw the bid for whatever reason and in doing so, the tender bond shall be forfeited.

   2.3 Submission of the eBid Price does not create a contract or any expectation by Bidder of a future business relationship.

   2.4 We reserve the right to accept or reject the Bidder’s final offer submitted via our eBidding System.

   2.5 The Bidder shall be responsible for all costs and expenses involved in the preparation, presentation, or any other aspect of Bidder’s bid.

   2.6 Except to the extend allowed by us, all bids submitted by the Bidder through the eBidding System are legally valid bids without qualification.

   2.7 We are not bound to accept the lowest bid and no reason shall be given for declining any bid.

   2.8 Ranking will not be revealed if Bidder does not reduce the Bid price for a minimum sum in each round (Round 1 & Round 2) as stipulated in the invitation email.

3. Procedures and Rules.

   Bidder further agrees to be bound by the procedures and rules as follows:-

   3.1 Bidders shall have deem accepted and submitted to us, the eBidding Online Terms and Conditions together with the duly completed the eBidding Registration Form in the tender submission during the tender submission. Two eBidding user accounts for the Bidder will be created based on the particulars submitted by the Bidder.

   3.2 Upon the Bidder’s receipt of the eBidding invitation, the Bidder shall log in to the eBidding Website using their registered email address, NRIC and the ONE TIME PIN (OTP) sent to his mobile phone as part of the system verification process prior the eBidding event date. Bidder is allowed to validate both users’ accounts prior the eBidding event but only one of the two users shall be participating the eBidding event.

   3.3 On the day of eBidding event, Bidder shall log in to the eBidding Website not later than 30 minutes before the eBidding commencement time.

   Bidder is reminded to check the “Agreed to the eBidding Terms and Conditions” box in the login page.

   3.4 Bidder is required to click on the “Ready to go” shown on the dashboard. eBidding will commence once all Bidders have clicked on the “Ready to go”. Otherwise, eBidding System will automatically reschedule the eBidding event.

   3.5 In the eBidding System, Bidder’s last submitted bid will be displayed as opening bid. Bidder can then place the bid by clicking the “Bid now” button.

   3.6 Bidder is advised not to wait until last minute or last few seconds to enter the Bid during the auto-extension of each succeeding bidding window period to avoid complications related with internet connectivity, network problems, system crash down, power failure, etc.

   3.7 Bidder acknowledges that the eBidding is a live bidding event and agree that each bid submitted is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. Bidder shall accept full liability for all bids submitted via eBidding system.

   3.8 For queries pertaining to log in details, technical help, procedures and online mock up training bidding session, please contact helpdesk at least 1 business day prior to online eBidding event. Helpdesk support can be reached via email address: tbm.ebidding@tropicanacorp.com.my or contact the Person in charge for the Development Company which are listed in the Help Directory.

4. System Requirement. The minimum system requirement for access to the Website is the latest version of the Google Chrome browser with default settings and reliable internet connectivity. Bidder shall ensure the browser is set up with the manufacturer’s default settings in order to safeguard application information and ensure the eBidding works properly. Bidder shall be responsible if it chooses to use a browser other than the ones listed here, resulting in the Website not being able to be displayed properly and the Bidder encountering problems that we may not be able to resolve.

5. Confidentiality. Bidder shall keep all user login details, the eBidding content, other confidential materials provided on the Website and/or by us, and all bids provided by the Bidders in confidence and shall not disclose the foregoing to any third party.

6. Bid through Website only. The Bidder agrees to submit their bids only through the eBidding System on the Website and not to submit their bids via any other mechanism unless requested by us.

7. Intellectual Property.

   (a) The Website, comprising all its contents, materials, documents including but not limited to its trademarks, logos and other intellectual property rights including information, detail, graphics, data file, text and arrangements of the same are our wholly owned and copyrighted work and shall vest and belong to us.

   (b) None of the materials posted in the Website shall be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without our prior express written permission.

   (c) Bidders who post their own proprietary information on the Website hereby grant consent and a license to us to use that proprietary information on the Website at no cost to us. We shall have the right to use anything posted by the Bidder on the Website in any way we deems appropriate on the Website. This includes reproduction, distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public.

   (d) In the event of breach by the Bidder of the intellectual property rights hereunder, we may seek injunctive relief against the Bidder in addition to any other remedies available at law or in equity.

8. Data.

   (a) We will take reasonable care to ensure that the data (“Data”) transmitted by the Bidder through the eBidding System is secure and the Bidder acknowledges the risks involved in using the Website. We do not guarantee the security of the Data and that it may not be accessed by any unauthorized third parties. We shall not be responsible or liable for any loss or damage suffered arising from such disclosures.

   (b) The Bidder agrees to allow us to disclose and divulge the Data to our subsidiaries, affiliate companies, representatives, agents or advisors.

9. Survival. Sections 5, 7, 8, 10, 11, 12 and 13 of this Terms and Conditions shall survive completion of the eBidding Services.

10. Law and Jurisdiction. The use of the eBidding System on the Website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia.

11. Disclaimer. We do not warrant or represent that access to the Website, the material, contents, information and or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failure, error or loss of transmitted information. That no virus or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Bidder’s computer system.

12. Indemnity. The Bidder agrees to fully indemnify us against any and/or liabilities losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, suffered or incurred by us arising out of the negligence, misconduct or breach of or any omission, delay, failure of the Bidder’s obligations under the Terms and Conditions.

13. No Liability. We shall not be liable or responsible for any loss, damage, goodwill expenses or loss of profit incurred or suffered by the Bidder by reason of or in connection with the following:

    (a) any failure, delay in transmission, interruption, error, omission or breakdown of any of our equipment, system, server software or terminal;

    (b) interference by computer virus, corrupted data, malfunction;

    (c) any delay or delay attributable to the eBidding System by our service provider;

    (d) failure or delay due to causes beyond our control including causes such as strike, industrial action, civil disturbances, flood, earthquake, landslides or acts of God or computer, electronic, communications or electrical system failure of any nature whatsoever, breakdown, interruption, non-supply, failure in the supply of electricity for any length of time;

    (e) any inaccuracy, error, defect of any content of the Website or other website linked to the Website;

    (f) any operation malfunction or defect of the Bidder’s computer terminal systems or software used in accessing the Website;

    (g) any inability to access or use the Website and/or any website linked to the Website.

14. Variation. We reserve the right to change, suspend or terminate any aspect or feature of the eBidding System at any time, with or without notice to the Bidder.