Website Terms and Conditions

1. Definitions

eTenders or website means www.etenders.gov.ie 

EU-Supply means EUS Holdings Ltd (service providers for this website)

OGP means The Office of Government Procurement

Registered user means a user who has completed the registration process.

Visitor means a person using the website but who has not completed the registration process.

 

2. Acceptance of Terms of Use

The use of eTenders 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 OGP (to include where relevant EU-Supply). Please take the time to read them carefully. The access or use of eTenders by all Visitors and Registered users, in any way, shall be deemed to constitute their acknowledgment, acceptance and confirmation of the Terms of Use without further action.

 

3. 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.

 

4. Alterations

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

The OGP reserves the right to add, amend or vary the Terms of Use by publishing notice of such changes on the website and the continued use of the website will signify your acceptance of any such changes from time to time. All such changes will remain visible for a period of not less than three weeks.

 

5. Protection of Registered user details, usernames and password

The Registered user is responsible for maintaining the confidentiality of their company details and subsequent registered usernames and passwords. The Registered user is responsible for ensuring that all of their company details (including information and documentation) are complete, valid, accurate and up-to-date.

Failure by the Registered user to maintain or update their company details or to ensure the accuracy or completeness of the company 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 OGP by email (tenderoperations@ogp.gov.ie) and comply with all OGP directions.

The administrator(s) of a company/organisation account is / are responsible for ensuring that all Registered users are granted appropriate access to accounts created by them and fully comply with this password policy and the Terms of Use.

 

6. Website Content and permitted use

  6.1 In the event that you transmit or otherwise transfer material to the website, 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 website may not be amended, altered or modified in any way. Tender documentation or information on the website may not be reproduced without the prior written consent of the OGP and the owner/provider of the documentation or information concerned. Please contact OGP by email at tenderoperations@ogp.gov.ie if you wish to use information from this website.

  6.3 The Website functionality includes a full audit trail. This information may be used for auditing purposes.

  6.4 Users consent to the provision of information in electronic form to and from users, the OGP and in connection with the conduct of public procurement processes.

  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 Visitors and Registered Users agree not to use the website 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;

6.7 Users who suspect that any user is breaching the Terms of Use should report the matter to the OGP by e-mail using the following address: tenderoperations@ogp.gov.ie. Users are referred to clause 15.

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 website will be issued to Registered users with website-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 website may be issued, as well as EU Commission communications relating to public procurement.

 

8. Security

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 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 website in any respect including:

  • non-availability of the website;
  • delays in uploading files;
  • accuracy, suitability, usefulness, and completeness or otherwise of the information and data contained on the website;
  • interruptions;
  • any errors in transmission or downloading documentation from the website;
  • unavailability, incompleteness or inaccuracy of data or information displayed or uploaded by users;
  • breach of the Terms of Use by a user;
  • 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 website or technical issues otherwise occurring in connection therewith.

The OGP has taken all reasonable care to compile information and material on this website.

 

10. Intellectual Property Rights

  10.1 The data and information displayed on the website 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 website.

  10.2 Visitors and Registered Users are prohibited from using (including reproduction or scraping information for onward transmission to third parties) information on the website for commercial purposes.

 

11. Linking

The website may contain links to other websites not under the control of the OGP (“External Link”). 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 website without the express prior written permission of the OGP.

 

12. Website feedback

The OGP welcomes your feedback and comments about this website. If you think there are any functional issues or out-of-date information on the website, please let us know. Please email the OGP at tenderoperations@ogp.gov.ie to tell us which suggestions you might have.

 

13. Privacy policy and conduct of user

The OGP is not responsible for the content or privacy practices of External Links. The OGP respects the rights of users of the website. For general web browsing no personal information is revealed to the OGP (however once a registered user is logged we do track what they are doing and we report on same), 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 website, identify what pages are accessed most frequently and generally, help the OGP to make the website more user friendly.

The OGP 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 is available on the website of the Irish Data Protection Commissioner.

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

 

14. 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.

  14.1 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.

  14.2 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.

 

15. Breach of Terms of Use

  15.1 Pursuant to any breach of the Terms of Use, the OGP may take appropriate action including one or more of the following:

  • Terminate, restrict or suspend registered user access to the whole or any part(s) of the website and or its content or functionality and / or
  • Remove or discard any content (including information, documentation or links) displayed on the website.

Upon termination of Registered user access to the website 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 terminate and/or suspend Registered user access to the account.

 

16. The provisions of clauses 3, 4, 5, 6, 8, 9, 10, 11 & 13 shall survive the termination of user access to the website pursuant to the Terms of Use.