Definitions

• eTenders or website or eTenders website refers to www.etenders.gov.ie
• EU-Supply refers to EUS Holdings LTD
• NPS refers to the National Procurement Service
• User refers to a person using the website but who has not completed the registration process to gain full access to the website
• Registered user refers to a user who has completed the registration process to gain full access to the website

1. Acceptance of terms

The use of the eTenders website is governed by the Terms of Use set out below (“the Terms of Use”). The Terms of Use are important and are there for the protection of both you and the National Procurement Service (to include where relevant EU-Supply). Please take the time to read them carefully. By using the website you will be deemed to have accepted them and to confirm your acknowledgment and understanding that use of the website is at your own risk.

2. Jurisdiction

The website is established in Ireland in accordance with the laws of Ireland and shall be governed by the laws of that country. When you use the website, you accept that your use of the website and any information on the website, shall also be governed by the laws of Ireland and if any dispute arises from your use of the website or any of the information on it, you agree that any such dispute is to come within the exclusive jurisdiction of the Irish Courts.

3. Alterations

The NPS reserves the right to make changes to the information, design and services provided on the eTenders website without notice and without liability.

The NPS reserves the right to add, amend or vary the terms of the Terms of Use by publishing notice of such changes on the NPS website at www.Procurement.ie and on the website and the continued use of the website will signify your acceptance of any such changes from time to time. Please see paragraph 18 below for further details.

4. Use and protection of company code, usernames and passwords

The registered user is responsible for maintaining the confidentiality of their company code and subsequent registered usernames and passwords. The registered user is responsible for ensuring the accuracy of registered information about their company and themselves. If there is a breach of the confidentiality of a company code or a username or password assigned to a registered user arising by reason of or as a result of any breach of security via the registered users account, the registered user MUST immediately notify the NPS and comply with all NPS directions.

The administrator, or administrators, of a company/organization account is/ are responsible to assure that all registered users granted access to accounts created by them fully comply with this password policy and, as applicable, the Terms of Use.

5. Website Content

In the event that you transmit or otherwise transfer material to the eTenders website, the NPS and EU-Supply have no responsibility for the accuracy, veracity and completeness of same and for any errors in the manner of its input.

Tender documentation on the website may not be amended, altered or modified in any way. Tender documentation on the website may not be reproduced without the prior written consent of the NPS and the owner/provider of the documentation concerned.

The website will record all persons or legal entities downloading tender information and documentation. Any person or legal entity accessing or using the website is deemed to consent to such recording.

Users of the website agree that they will not upload any malicious, abusive, frivolous or otherwise inappropriate material, including questions, . This includes the contact us section of the website. Any breach of this nature will result in de-registration. Users are referred to paragraph 16.

6. Communicating with users

From time to time, emails from the website will be issued to registered users with website-pertinent information such as notification of major changes or problems with the website. Occasionally, surveys to establish user satisfaction with the website may be issued, as well as EU Commission communications relating to public procurement.

7. Products

The NPS is providing a service on the eTenders website which facilitates the transfer of data prepared by products not provided by the NPS. The provision of this service does not:

• imply approval of such products by the NPS
• imply a preference of such products over any similar product which does not provide the functionality to uplad data to the site
• imply any liability on NPS's part for the accuracy, veracity and completeness of data prepared by these products and for any errors arising from the user of these products and for any damage arising from the use of these products

Use of the website shall be deemed to be a discharge of liability to the NPS by the user for and against or in respect of any loss damage or expenses that might accrue to any user of the website thereby arising, if any. Use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

8. Liability

The NPS and EU-Supply shall not be liable for any delays, interruptions, errors or failures in the provision of the services not within the reasonable control of the NPS and EU-Supply including force majeure, failure or fluctuation of electrical power, industrial action, industrial disputes, breakdown or other malfunctions of the user’s or the NPS’s or EU-Supplys’ telephone or other technical equipment, including software.

In addition, the NPS and EU-Supply shall not be liable, either in contract or in tort, for any direct, incidental, consequential, indirect or punitive damages or any other losses, costs, expenses or damage of any kind claimed to have arisen as a result of using the website or as a result of the non-availability, non-functioning or malfunctioning of the services or otherwise in connection therewith.

Use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

9. Indemnity

The registered user shall hold the NPS and EU-Supply harmless from any loss or damage suffered as a result of the user’s breach of any of the Terms and Conditions. Use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

10. Security

While all reasonable security precautions have been taken by the NPS and EU-Supply, including the provision of a secure and robust operating environment, the nature of communication by the Internet is such that the NPS cannot absolutely guarantee the privacy or confidentiality of communications transmitted via the Internet from interference by third parties. Use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

11. Privacy Policy & Cookies

By using the website users agree to the NPS Privacy Policy and use of Cookies set out at paragraphs 16 and 17.

12. Disclaimer

The NPS, its officers, EU-Supply or Ireland:

• do not accept responsibility expressed or implied for the accuracy, suitability, usefulness, and completeness or otherwise of the information and data contained on the website;
• do not warrant that the information and data contained on the website or sites linked to this is free from infection by computer viruses or that it does not infringe the intellectual property rights of any person any where in the world;
• do not authorise the infringement of any intellectual property rights contained in material in other sites linked to the website;
• do not accept responsibility for any errors in transmission or downloading documentation from the  website;
• do not accept responsibility for non-adherence by tenderers to the stipulated closing dates and times expressed in tender documents or otherwise amended by the relevant contracting authority;
• do not accept responsibility for the accuracy, suitability, usefulness, and completeness or otherwise of material contained on other sites linked to the website;
• The NPS reserves the right to amend this disclaimer as and when required without notice by updating the Terms of Use.;

AND use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

13. Copyright

The information displayed on the website is public. Reproduction is authorised provided the source is acknowledged and prior written permission has been obtained from the NPS and the owner/provider of information on the website

14. Linking

The website may contain links to other sites not under the control of the NPS. The NPS is not responsible for the contents of any linked-to site or any link contained in a linked-to site. The inclusion of any link does not imply endorsement by the NPS of any such linked-to site. The NPS accepts no liability in respect of the content of such linked site. Any links are provided for users' convenience, and users who visit any linked-to sites do so at their own risk. Use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

Users may not frame or link or otherwise associate with the website without the  express written permission of the NPS.

15. Disclaimer of warranties

Except as expressly provided otherwise in a written agreement signed by authorised representatives of users and the NPS, the website and all and any content and or functionality provided on the website are provided on an "as is" and "as available" basis without warranty of any kind. Without limiting the foregoing, although the NPS endeavours to ensure that there are no inaccuracies or defects in the information and data contained on the website, no warranty is given by the NPS in this respect.  The NPS shall not be liable for any loss, injury or damages occasioned a user as a result of the unavailability or inaccuracy of any such information or data or by making use of the E-commerce services. The NPS expressly disclaims liability for loss of data.

Users of the website acknowledge that the allocation of risk and the limitations o liabilities contained in the Terms of use is a material consideration for the NPS allowing access to the Site pursuant to these Terms of Use.

Use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

16. Privacy policy and conduct of user

This paragraph relates to then NPS privacy practices in connection with the website.

The NPS is not responsible for the content or privacy practices of any other linked sites.

The NPS respects the rights of users of the website.

For general web browsing no personal information is revealed to the NPS, although certain statistical information is available to the NPS 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, .ie, .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 NPS to assess the number of visitors to the website, identify what pages are accessed most frequently and generally, help the NPS to make the website more user friendly.

The NPS do not use cookies for collecting personal information about visitors to the website and will not collect any information about users except that which is necessary for system administration of the web server. Please see the section 'Use of Cookies' below for further information.

Further information on user data privacy rights are available on the website of the Irish Data Protection Commissioner.

Any personal information that users volunteer to the NPS will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Act, 1988 and 2003. Any information, which users provide in this way, is not made available to any third parties. In addition, NPS email lists will not be passed on to third parties

By accessing and using the website users agree to not use the website to:

• upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity (including, but not limited to, NPS officials) or falsely state or otherwise misrepresent affiliation with a person or entity;
• upload, post or otherwise transmit any content that users do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information owned by third parties);
• upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• 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;
• 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;

AND use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.

17. Use of Cookies

A cookie is a small text file which is stored on your computer relevant for a specific web site. At eu-supply.com there are two types of cookies used with two different purposes.

1. To distinguish and ensure a user identity so called session cookies are used. They are removed as soon as the web browser is closed or the user logs out from the web site.

2. To be able to store some information about the user, for example the preferred language, eu-supply.com uses so called persistent cookies.

The use of cookies can be limited, you can do this by changing a setting within your web browser, please refer to the user guide/help of your web browser.

18. Term and termination

The NPS may amend the Terms of Use at any time by posting the amended Terms of use on the website. The amended provisions shall come into effect without further action the day following the day on which they are first posted on the website.

No party other than the NPS is authorised to amend the Terms of Use.

Pursuant to any breach of the Terms of Use, the NPS may terminate or suspend user access to the whole or any part of the website and or its content or functionality and or remove or discard any content displayed on the website, at any time and for any reason without prior notice. Upon termination of user access to the website or any part or parts thereof for any reason, users shall cease and shall have no authorisations, whether express or implied, to access or to use any information obtained through eTenders.

The NPS further reserves the right to terminate or suspend user access if a user account has not actively been used for a period of one year.

The disclaimers of warranties, the indemnity obligations of users, and the provisions of governing law and jurisdiction shall survive the termination of user access to the website pursuant to the Terms of Use.  Use of the website by users shall be deemed to constitute an acknowledgement acceptance and confirmation hereof without further action.