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The client as defined below ("You") intends to use the services of the Purchasing Auctions’ Website and, in accessing and using the site, agrees to the Terms & Conditions set out in this Document. The sole purpose of the Purchasing Auctions' Website is to enable clients to access and use the on-line auction services provided.
ON-LINE AUCTION - USER TERMS AND CONDITIONS
DEFINITIONS OF WORDS AND EXPRESSIONS
1. In these Terms and Conditions unless inconsistent with the context or otherwise specified the following definitions will apply to words and expressions: "Terms and Conditions" means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website whether by hypertext link or otherwise; "Website" means this Virtual Purchasing Auctions on-line auction website, operated by Method and located at: http://www.purchasingauctions.com or any subsequent URL used by us from time to time; "We"/"Us" means Horizon Supply Chain Associates Ltd, whose registered office is at 20 Market Square, Kingston, Surrey, KT1 1JP. We are not auctioneers: "You" means the person, firm, company or other organisation of any nature accessing and using this Website whether as agent or principal. "The Services" means the use of any online auction materials or associated goods and services.
NATURE OF THE SERVICE.
2. Through this website, We provide a real time Auction service to enable registered purchasers to obtain competitive bids for a range of products/services from a number of registered suppliers. Registered users of the auction tool will be charged as per their contractual arrangement with Us. We are not Auctioneers.
3. You acknowledge and accept that We merely offer a reverse auction tool; the use of which produces a best lowest bid from suppliers who have been invited by a purchaser to participate in their Auction. The purchaser may not select the supplier with the first lowest bid at Auction. The final selection of supplier is a matter for the Auction owner (a purchaser) and their decision is final. They may elect not to proceed with the procurement at all. Auction owners will be encouraged to give feedback to suppliers on completion of each Auction.
4. We make no warranties or representations about the Services nor give no assurances whatsoever that any supplier will bid at auction or provide you with products/services. Suppliers will need to be validated in the normal way to satisfy purchasers that they are suitable to their needs. We take no responsibility for any pre or post Auction documentation or supply contracts relating to the procurement activity; this is a matter strictly between the purchaser and their selected supplier.
PARTICIPATION IN THE ON-LINE SERVICE
5. Registration. You are required to register as a member by completing the online "User Registration Facility" on the Website and submitting it to Us. You agree to ensure that your registration details are true and accurate and to update any details when necessary via the Website.
6. Security. You are solely responsible for keeping your personal username and password secure and confidential. You should not disclose your username or password to any other party. Once logged on using your username and password whether authorised or unauthorised, You take full responsibility for the ensuing transactions once access to the site is obtained. If you believe that Your username and/or password has been compromised or You are aware of any other breach of security regarding the Site, then You must notify Us immediately.
7. Intercepts. Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.
8. Availability of the Website. You acknowledge that due to the nature of the Internet, We cannot guarantee that access to the Website will be uninterrupted or that e-mails or other electronic transmissions will be sent to You or received by Us.
GENERAL RULES GOVERNING THE AUCTION
9. You can only use the Services (create an auction or make a bid offer) if You are registered. Suppliers are invited to participate in an Auction by the Auction Owner (A Purchaser). All auctions will:
a. Be permitted by the use of an on-line credit system managed by Us.
b. Be conducted in selected currencies as stipulated in contracts with Us.
c. Have a start time, duration and bid decrement set in advance
d. Dependent on the type of auction selected, show all bids to all Auction participants as they occur. Only the Purchaser will see who is bidding what; suppliers will see the actual bids but the bidders will remain anonymous. Ranking Auctions by their very nature will not show the value of bids. They will only display each bidder’s ranking compared to fellow competitors.
10. Any bid that you make via this Website constitutes an offer to supply the product or service as set out in the pre-auction Request for Proposal (RFP) provided by the Auction Owner. You may not cancel a bid submitted to the Auction except for exceptional circumstances and must abide by the spirit of the reverse auction concept. By bidding to supply an item you agree that it meets the product specification as set out in the RFP. Any bid you make will remain open for 90 days from the day of the Auction and will be the price established for future contractual action. In order to become a valid competitive offer, your bid must be lower than your previous bid by the decrement set for the Auction (i.e. the decrement is owned by you, not the Auction. Typically the decrement might be between 0.25% and 0.5%). We reserve the right to cancel or stop an auction at any time.
11. We reserve the right to automatically extend the duration of the Auction by up to 5 minute increments where any bid is submitted within 5 minutes before the close of an auction to allow time for responses and final bids.
12. We have no involvement in any transaction between purchasers and suppliers. Our role is one of a facilitator to provide You with the opportunity to participate in an Auction. We are not auctioneers.
13. If a purchaser agrees to take up a quote provided and to engage a supplier to provide goods and/or services in respect of that quote, the contract for the provision of those goods and/or services is a private one between purchaser and supplier and we will have no responsibility or liability in that regard. It is the purchaser’s responsibility to agree terms of business between the purchaser and the supplier.
14. You agree to keep Us fully indemnified, and defend and hold Us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these Terms and Conditions, including without limitation any claim against Us that you have not honoured your commitments in respect of a Transaction.
DISPUTE RESOLUTION PROCEDURE
15. Representatives from Purchasing Auctions will act as an impartial third party and, having examined the facts will recommend actions to resolve the dispute. This will apply only to disputes arising during the Auction. The following procedures will be put into place.
a. You will notify Us of the nature of this dispute as soon as possible.
b. We will try to resolve the complaint directly.
c. If the dispute remains unresolved we reserve the right to immediately discontinue any current auction activity and suspend use of the website.
DATA PROTECTION & PRIVACY
16. Your privacy is important to us. You agree that any and all personal information and data collected from You via this Website may be used in accordance with our current Data Protection and Privacy Statement.
CONSUMER SURVEYS & PROMOTION OF THE SERVICE
17. We may from time to time invite you to give feedback on Our service and the Website. You acknowledge that we may publish such feedback on this website and as such, you agree that we shall own all intellectual property rights in any feedback you give. We agree not to publish your personal details on this website without your consent.
INTELLECTUAL PROPERTY RIGHTS
18. This website and the materials provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world. You may access and use this Website solely for the purposes of use connected with the Services.
19. All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by Horizon Supply Chain Associates Ltd and may not be copied, downloaded, distributed or published in any way without their prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when You use the Services.
20. You are not permitted to use any trademarks or service marks whether registered or unregistered of any Horizon Supply Chain Associates Ltd organisations without their prior written consent.
21. Given our written consent, You may use Our Logo royalty-free for related purposes, provided that such usage does not alter the logo or bring Us into disrepute.
22. In relation to any information, materials or other content that You submit to Us via this Website, You grant Us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and reproduce such information, ideas, know-how, concepts, techniques and materials for any purpose, including without limitation, the copying, transmission, distribution and publication unless restricted by applicable law. You represent and warrant that You own or otherwise control all of the intellectual property rights and information, materials or other content that You submit or post via this Website.
23. We are not responsible for and have no liability for the actions or failure to act of purchasers or suppliers who register for and use this website service or other third parties. You should make any complaints or claims you may have relating to any of their activities directly to the person/company concerned.
24. Horizon Supply Chain Associates Ltd have no liability to you whether including but not limited to a supplier or purchaser save in respect of any statutory liability for which liability cannot be excluded.
a. Use of the website and its related services are at your sole risk. We will not be liable for any direct, indirect or consequential loss or damage however arising as a result of use of the services.
b. Any software downloaded from this website or as part of the service is at your own risk and we do not accept liability for any direct or indirect loss or damage however caused as a result of any computer virus, bugs, Trojan horses, worms, software bombs or other similar programmes arising from your use of the website. Whilst we will do our best to ensure that the website is free from such destructive programs, it is your responsibility to take precautions to scan for such destructive programs.
c. Any hyperlinks to third party sites provided via the website exist for information purposes and your convenience only and we do not endorse the content of such sites. We are unable to accept any liability arising directly or indirectly from the content of such sites.
25. Except as otherwise stated, any notices that you wish to send to Us should be emailed to: [email protected] Any notices that We may wish to draw to your attention will be displayed on the Website.
TERMINATION OF SERVICES
26. We reserve the right at our sole discretion to:
a. Discontinue any auction or bid and exclude You from using the Services
b. Suspend or discontinue the Service at any time
c. Modify or withdraw the Website at any time without notice
d. To refuse any application to register and access the Services and to temporarily or indefinitely suspend any registered member
e. To withdraw usernames and passwords at any time without notice should We have reason to believe that Your username and password have been discovered and/or used by any person or organisation other than You.
f. In the event of termination of the service, any unused credits will be returned to the purchaser on request.
27. These Terms and Conditions will be construed in accordance with and governed by the laws of England and each party agrees to submit to the exclusive jurisdiction of the courts of England.
WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING. IF YOU USE THE WEBSITE AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS
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