Arc Infrastructure Pty Ltd is undertaking a procurement for goods or services as described in the Documents.

Your company may use the tender portal to submit information to Arc in respect of the Procurement.

All questions regarding the process in respect of the Procurement will be posted on the online forum.

By accessing the Documents and in exchange for the right to use the Documents in accordance with the Terms, the Recipient agrees to the following terms:

1. Use of Confidential Information

The Recipient must:
(a) keep confidential, and not disclose the Confidential Information other than in accordance with the Terms;
(b) immediately notify Arc if it becomes aware of any loss or unauthorised use, access, copying or disclosure of any Confidential Information; and
(c) procure that any person authorised pursuant to the Terms to have access to any Confidential Information is made aware of, and undertakes in writing to observe, the obligations contained in the Terms.

2. Recipient's use of Confidential Information

The Recipient must:
(a) not use the Confidential Information in any way that causes commercial, financial or competitive detriment to Arc;
(b) only access or use the Confidential Information or create, cause or permit to be created any document that is based on, uses or relates to the Confidential Information if such access, use or creation is solely for, and is necessary for, preparing and submitting a Submission to Arc for the Procurement; and
(c) only disclose Confidential Information to any other person, including as contained in a document created by the Recipient, in accordance with clause 2(b) above:
(1) to its legal advisers who are under a duty of confidence;
(2) with the prior written consent of Arc; or
(3) in accordance with clause 3.

3. Mandatory disclosure

(a) The Recipient may disclose Confidential Information to the extent legally required by any applicable law or legally binding order of any court, government or semi-government authority, administrative or judicial body, or a requirement of a stock exchange or regulator.
(b) If the Recipient must make a disclosure under clause 3(a), the Recipient must:
(1) immediately notify Arc in writing of the requirement; and
(2) disclose only the minimum Confidential Information required to comply with the applicable law, order or requirement.

4. Acknowledgement

The Recipient acknowledges that:
(a) the Confidential Information is secret and confidential to Arc and its Related Bodies Corporate;
(b) the Confidential Information is the exclusive property of Arc and its Related Bodies Corporate and that participation in the Procurement process and the Terms do not convey any proprietary or other interest in the Confidential Information to the Recipient;
(c) disclosure of Confidential Information in breach of the Terms would cause commercial and financial detriment to Arc and its Related Bodies Corporate;
(d) damages may be inadequate compensation for breach of the Terms and,
subject to the court's discretion, Arc and its Related Bodies Corporate may seek specific performance, injunctive relief or similar remedy as a remedy for any conduct or threatened conduct that is or would be a breach of the Terms in addition to any other remedies available at law or in equity under or independently of the Terms; and
(e) nothing in the Terms obliges Arc to disclose any particular information to the Recipient.

5. Media release

The Recipient must:
(a) not advertise or issue any information, publication, document or article (including photographs or film) for publication or media releases or other publicity relating to the Documents, the Procurement or Arc's operations, business and activities without the prior approval of Arc; and
(b) refer any enquiries to Arc from the media concerning the Documents, the Procurement or Arc's operations, business and activities.
6. Return of Confidential Information
If requested by Arc or upon cessation of negotiations and evaluations between the parties in connection with the Procurement, the Recipient must:
(a) immediately deliver to Arc all originals and copies of all documents, records, software programs, media and other materials containing any Confidential Information; and
(b) not make, retain, or distribute copies of any Confidential Information or create any other documents, records, or materials in any form whatsoever that includes the Confidential Information.

7. Indemnity

(a) The Recipient indemnifies Arc and its Related Bodies Corporate against any Loss incurred by Arc arising as a result of or in connection with any breach by the Recipient of the Terms.
(b) The Recipient must pay Arc or its Related Bodies Corporate (as the case may be) for all Loss referred to in clause 7(a) whether or not Arc or its Related Bodies Corporate have made any payment in respect of such Loss.