Terms of Service
Your Use of the Service
Scope of Terms of the Service
Where used herein, reference to “BIDS” or “BIDS Alert” shall include Tendering Publications Limited, and any of the BIDS websites, services and all products or services provided by Tendering Publications Limited, whether you access those services from BIDS or a licensee of BIDS or as a paid subscriber or as a public browser.
“Affiliate” means any entity that a party controls, is controlled by, or is under common control with such entity, and
“Control” means the power to vote more than 50% of the voting interests of the entity, or ownership of more than 50% of the beneficial interests in income or capital of the entity, or the right to manage the daily operations of such entity pursuant to a management or licensing agreement.
“You” means the enterprise, firm, company or business entity and each authorized subscriber with a subscription or subscription package acting on your behalf as with a secondary Account or subscription.
“Principal Account or Principal Subscription” refers to a BIDS Alert subscription you have created and maintain, that allows you to create secondary subscriptions such as an “Additional” or a Second subscription. It will also allow you to create other BIDS Alert subscriptions a for future BIDS services.
“Secondary Account(s) or Secondary Subscription(s)” are those subscriptions that can be added to a principal account to provide a subscription identical to the principal account (Identical subscription). It may also refer to a subscription that varies some aspect of the principal subscription. This could include different geographic coverage.
Other Secondary subscriptions include BIDS Alert subscriptions from other BIDS services. An associated “Principal Subscription” must exist and be current to create or maintain any secondary subscriptions.
“Content” refers to any and all information submitted in support of your subscriptions and accounts or material submitted by you in response to the solicitation of the bidding process.
Acceptance of Terms
- Users must register, pay the corresponding subscription fees in order to gain access to the Service.
- If you are unable, or unwilling to accept these Terms, please abandon your attempt to access our services and our websites.
Payment for Services
- Payment for your subscription or subscriptions is required in advance, made by a credit card accepted by the Service.
- Payment may also be made via direct bank transfer to our bank. Such arrangements must be made with prior approval.
- Your subscription(s) will not take effect until such payment has been “cleared” by the transfer agent processing your payment.
- Renewal invoices will sent to the designated service recipient.
- Renewal invoices will be sent to your “principal account” two months before subscription expiry.
- Our prices are represented as net of any taxes we are required to collect and remit on your behalf.
- Subscribers to the Service should be aware that our services are subject to price adjustments, and can be made applicable at any time. Price adjustments for current users will take place once the users’ subscription renewals(s) have been completed. Advertising rate increases will come into effect on the date specified or following the expiration of any existing advertising contract.
“Suspension and Termination of Services”
- By You: If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use our services during that billing cycle.
- By the Service: the Service may limit, suspend, or stop providing services to you if you fail to comply with these Terms. This may include failure to pay fees when due, or if you use the Service in a way that may cause legal liability to us or disrupt others’ use of our services. The Service may also suspend the provision of services to you if we are investigating suspected misconduct by you. Under these circumstances, efforts may be made in order to provide advance notice of suspension or termination of your services, however there exists no obligation on behalf of the Service to do so. The Service is under no obligation to retain your content upon termination of the applicable service(s).
- If the Service terminates the provision of services to you resulting from repeated or egregious breaches of these Terms, the Service may take measures to prevent the further use of the services by you, including blocking your IP address.
- These conditions apply during the contract period as well as any extension to your subscription when granted.
- Users are responsible for any and all content that is created by their account. Any and all content that is published to our website and any account activity is assumed to have been authorized by the account holder. User produced content is subject to publishing and distribution at the discretion of the Service.
- You are responsible to ensure your account information is up to date and that your subscription details are not shared or passed on to unregistered users.
- Users understand that redistribution or replication of any and all content published by the Service is not permitted, except as through services provided by the Service. Such non-permitted redistribution on your part may result in termination or suspension of services without notification. Please use our “Send to a Friend” feature service. This permitted form of redistribution will ensure accurate “Distribution Reports” for those agencies who use that service.
- By submitting content to the Service and its affiliates you warrant that the information is truthful, accurate, complete, and abides by these Terms. The Service reserves the right to remove content or communications deemed offensive, discriminatory, or inappropriate without notice to the user. The user allows any and all content that is submitted to the Service to be published and distributed by the Service and its affiliates.
- The Service provides a platform for information exchange and does not represent any party. Any information exchange is the responsibility of the user, and thus the user is liable for errors or misinformation during communication or information exchange.
- Any bidding opportunities that may be available to you, or included in your BIDS Alert service does not express or imply that you are eligible to bid on such opportunities. Eligibility to bid is determined by the issuing agency and yourself and may be subject to trade or other international agreements.
- Due Diligence: When responding to any advertising offer, joint bidding venture, any representation offers, dealership or similar agreements you are advised to exercise due diligence before committing yourself or entering into any financial arrangement whether issued by the Service or other third party.
BIDS shall not be liable to the subscriber or others for any indirect or consequential loss or damages including, without limitation: loss of business or profits whether arising under any indemnity or from negligence, breach of contract or otherwise. BIDS shall not be held responsible for losses arising as a result of external server failures, power or internet outages, or natural disaster. The subscriber/user recovery from BIDS shall not in any case exceed the subscription price or other fees or rates paid for the subscription or service.
Law and Venue
The validity and interpretation of these terms shall be governed by the laws of the Province of New Brunswick, Canada, and any dispute shall be submitted exclusively to the New Brunswick Courts. The parties agree that any conflicts of laws provisions, where applicable, are hereby excluded by this express agreement to attorn to the specified law and venue.
- The Service provides opportunity information in the language(s) other than that in which it is published. These translations are provided to our subscribers as a convenience to them by third party “machine” translators and may not reflect the intent of the original text. The Service assumes no responsibility for its accuracy or appropriateness for your purposes.
- For and in consideration of access given to BIDS sites, services and subscriptions, users do HEREBY REMISE, RELEASE AND FOREVER DISCHARGE and by these presents does for itself and themselves and their respective, heirs, executors, administrators, successors and assigns, as the case may be, RELEASE AND FOREVER DISCHARGE BIDS, its shareholders, officers, directors, employees and their respective, executors, administrators, successors and assigns, and any other person, firm or corporation who would otherwise be charged or chargeable with responsibility or liability losses or damages sustained as a result of using BIDS sites, services or subscriptions, of and from all claims, demands, damages, costs, expenses, loss of services, actions and causes of action arising from any act, omission or occurrence on account of BIDS sites, services or subscriptions.
- Information within these terms and conditions is subject to change at any time. BIDS has the right to alter terms and conditions without notice. Users will be informed of changes to the terms and conditions as they are implemented. Any and all changes to these terms and conditions will be implemented upon publication. We will attempt to notify users 30 days prior to changes to the terms and conditions.
- Our site or publications may contain links to third-party sites that are not owned or controlled by the Service. The Service has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. Referral to such sites does not express an endorsement or recommendation by the Service.
BIDS recognizes the importance of protecting your Personal and Business Information and is committed to collecting and processing it responsibly and in compliance with both the Personal Information Protection and Electronic Documents Act of Canada (PIPEDA) and the General Data Protection Regulation of the European Union (GDPR).
Our websites may use “cookies” to remember log-in details, improve log-in security and to collect statistics in order to optimize site functionality.
Collection and Use of Personal Information
BIDS may collect and use certain Personal Information for a number of purposes, including:
- Access to websites and other online services: while using one or more of our available online or offline services, we will record information necessary to ensure your access to these services and the proper operation of our websites. This may include passwords, credit card information, IP addresses and browser settings.
- Customer Support: when we are contacted with regard to requests for customer support or requests for general information, we will collect information necessary to satisfy that request. This may include names and contact information and details pertaining to the specific request and its fulfillment. Such information will be retained for administrative purposes and for the purposes of improving customer satisfaction.
- Marketing: for marketing purposes, we may collect subscriber data, visitor data, and analyze website traffic. This information will be used for research purposes to help understand customer needs and improve our user experience.
Protection of Personal Information
BIDS may publish subscriber data as a part of the business process. Instances for publishing subscriber data include bidders lists, bidding results or awards and Distribution Reports provided to opportunity issuing agencies or regulatory authorities.
BIDS may contact subscribers up to two years following the completion of their subscription, provided you have not opted out of service notices or offerings of a similar nature. As part of your subscription, BIDS will provide you with information concerning product or service updates, changes and promotional offers.
It is important to us that you understand and consent to our collection and treatment your Personal Information. The Service relies on the following actions by you as indications of your consent to our current and future use of your Personal Information for the previously identified purposes, until you notify us of a withdrawal of consent:
- By voluntarily providing Personal Information to us
- Your consent solicited by the Service for a specified purpose; or,
Subject to restrictions (legal or contractual) or reasonable notice, you may withdraw your consent to our collection and treatment of your Personal Information at any time. You will be informed of any consequences arising from the withdrawal of your consent.
Questions and Concerns
Tendering Publications Limited
361 Victoria Street, Suite 206
Fredericton, New Brunswick
Canada E3B 1W5
Last Updated at: 2019-04-01 12:26:39