eTenders Terms and Conditions
· eTenders platform means www.etenders.gov.ie
· EU Supply means EUS Holdings Ltd
· OGP means The Office of Government Procurement
· Registered user means a user who has completed the registration process for use of the electronic procurement services
· Browser Visitor means a person using the platform but who has not completed the registration process
The platform is established in Ireland in accordance with the laws of Ireland and shall be governed by the national laws. When you, as a registered user or a browser visitor use the platform, you accept that your use and any information on the platform, shall also be governed by the laws of Ireland and if any dispute arises from your use of the platform or any of the information on it, you agree that any such dispute is to come within the exclusive jurisdiction of the Irish Courts.
5. Protection of Registered user details, usernames and password
The registered user is responsible for maintaining the confidentiality of their own and organisations details and subsequent registered usernames and passwords. The registered user is responsible for ensuring that all of their organisations details (including information and documentation) are complete, valid, accurate and up-to-date.
Failure by the registered user to maintain or update their details or to ensure the accuracy or completeness of the organisations details may result in suspension and/or termination of the registered user’s account. Prior to suspension and/or termination of the registered user’s account, the OGP will consult the registered user.
If the security or confidentiality of company details or a username or password assigned to a registered user is compromised, arising by reason, the registered user MUST immediately notify the eTenders Helpdesk by email firstname.lastname@example.org and comply with all OGP directions.
6. Platform Content and permitted use
6.1 In the event that you transmit or otherwise transfer material to the platform, the OGP and EU Supply have no responsibility or liability for the accuracy, veracity and completeness of same for use in any public procurement processes.
6.2 Downloaded tender documentation from the platform may not be amended, altered or modified in any way. Tender documentation or information on the platform may not be reproduced without the prior written consent of the OGP and the owner/provider of the documentation or information concerned. Please contact the eTenders Helpdesk by email email@example.com if you wish to use information from this platform.
6.3 The platform functionality includes a full audit trail. This information is required for the electronic receipt of tenders under the public procurement regulations.
6.4 Users consent to the provision of information in electronic form to the OGP and contracting authorities in connection with the conduct of public procurement competitions.
6.5 Users must ensure that they give themselves sufficient time to complete all questions, upload all documentation and submit all required tender documentation (including all requirements under the Tender) before the deadline for receipt of responses has passed. Prospective tenderers should be aware that the ‘Submit’ button will be disabled automatically upon the expiration of the specified submission deadline.
6.6 Registered users and browser visitors agree not to use the platform to:
6.6.1 upload, post or otherwise transmit any data or content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, frivolous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
6.6.2 harm minors in any way;
6.6.3 impersonate any person or entity (including, but not limited to OGP officials) or falsely state or otherwise misrepresent affiliation with a person or entity or provide false information;
6.6.4 upload, post or otherwise transmit any content that users do not have a right to transmit under any law or under contractual, legal or fiduciary relationships (such as inside information, or proprietary and confidential information owned by third parties);
6.6.5 upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
6.6.6 upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional matter, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
6.6.7 upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6.8 In addition to the provisions of clause 15 users may be reported to the relevant authorities for investigation.
7. Communicating with users
From time to time, emails from the platform will be issued to registered users with platform-pertinent information such as notification of changes, maintenance, technical issues, or requests to update company information. Occasionally, surveys to establish registered user satisfaction with the platform may be issued, as well as EU Commission communications relating to public procurement.
While all reasonable security precautions have been taken by the OGP and EU Supply, including the provision of a secure and robust operating environment, the nature of communication by the internet is such that the OGP cannot guarantee the privacy or confidentiality of communications transmitted via the internet from malicious interference by third parties.
9. Disclaimer of liability
The OGP and EU Supply do not accept responsibility for and shall not be liable, either in contract or in tort, for any direct, incidental, consequential, indirect loss or any other losses, costs, expenses or damage of any kind caused as a result of using the platform in any respect including:
· non-availability of the platform;
· delays in uploading files;
· accuracy, suitability, usefulness, and completeness or otherwise of the information and data contained on the platform;
· any errors in transmission or downloading documentation from the platform;
· unavailability, incompleteness or inaccuracy of data or information displayed or uploaded by users;
· external url links;
· loss of data or information;
· non-adherence by any persons (including candidates/tenderers) to the stipulated procedural requirements (including deadlines) which apply to public procurement competitions or processes;
· the completeness and accuracy of a users’ company profile or alerts/settings that have been activated;
· non-functioning or malfunctioning of the platform or technical issues otherwise occurring in connection therewith.
10. Intellectual Property Rights
10.1 The data and information displayed on the platform in relation to contract and award notices is public. Reproduction is authorised provided the source is acknowledged and prior written permission has been obtained from the OGP and the owner/provider of information. Users should contact the OGP for details of the appropriate licence required to permit the use of notices published on the platform.
10.2 Registered users and browser visitors are prohibited from using (including reproduction or scraping information for onward transmission to third parties) information on the platform for commercial purposes.
The platform may contain links to other websites not under the control of the OGP (External Links). The OGP is not responsible for the contents of any external links or any link contained in an external link. The display of any external link does not imply endorsement by the OGP of any such external link. The OGP accepts no liability in respect of the content of such external link. Any links are provided for users' convenience, and users who visit any external links do so at their own risk. Users should be aware that external links may not be free from infection by computer viruses. Users may not frame or link or otherwise associate with the eTenders platform without the express prior written permission of the OGP.
12. eTenders platform feedback
The OGP welcomes your feedback and comments about this platform. If you think there are any functional issues or out-of-date information on the platform, please let us know. Please email the eTenders Helpdesk at firstname.lastname@example.org to tell us the suggestions you have.
For visitor browsing access, no personal information is revealed to the OGP although certain statistical information is available to the OGP via its internet service provider. This information may include:
· the logical address of the server you are using;
· the top level domain name from which you access the Internet (for example,.i.e., .com, .org, etc);
· the type of browser you are using;
· the date and time you access our site;
· the internet address used to link to our site.
Some of the above information is used to create summary statistics, which allow the OGP to assess the number of visitors to the platform, identify what pages are accessed most frequently and generally, help the OGP to make the platform more user friendly.
14.1 To distinguish and ensure a user identity so called session cookies are used. They are removed as soon as the web browser session is closed.
14.2 To be able to store some information about the user, for example the preferred language, persistent cookies are used.
· Terminate, restrict or suspend registered user access to the whole or any part(s) of the platform and or its content or functionality and / or
· Remove or discard any content (including information, documentation or links) displayed on the platform.
Upon termination of registered user access to the platform or any part or part(s) thereof for any reason, Registered users shall cease and shall have no authorisations, whether express or implied, to access or to use any information obtained through eTenders.
15.2 If a register user account has not been used for a period of one (1) year, the OGP may enter into correspondence with the registered user, using the contact information supplied by the registered user, to request the registered user to use or terminate the account. Following this correspondence, if the registered user fails to use or terminate the account, within the timeframe stated in the correspondence, the OGP may deactivate registered user access to the account.