Terms & Conditions for
E-commerce Services |
| This agreement sets out the terms upon which EU Supply Limited makes this website available to you. Please read this agreement carefully before using the web site www.eu-supply.com, as it contains important legal provisions describing your responsibilities and the limits upon our liability. |
1. ACCEPTANCE OF TERMS
EU Supply Limited and its subsidiaries ("EU-Supply ") makes available to you on our web site www.eu-supply.com (the "Site") documents, images, software and other content (collectively, the "Materials") and various e-commerce services operated by EU-Supply (collectively, the "E-commerce services"), subject to these terms and conditions (the "Terms of Use"). By accessing or using this Site you agree to be bound by the Terms of Use. |
2. EU-SUPPLY’S ROLE
EU-Supply´s aim is to help eliminate inefficiencies across the entire supply chains in the public sector, engineering, construction services and other markets by working across the industry to establish best practices and enhanced logistics.
On the Members-only area of the Site, Members are provided with an on line marketplace for goods, products, services and works as well as other related information (the “Marketplace”). The E-commerce services provided on the Marketplace from time to time are described on the Site.
The Marketplace is amongst other things a forum for matching buyers and suppliers of goods, products, services and/or works. However, EU-Supply accepts no responsibility for any goods, products, services and/or works supplied by users and/or any information provided by the users (including, without limitation any Member Registration Information). Further, EU-Supply is not involved in the actual transactions between buyer/supplier and EU-Supply therefore takes no responsibility for the actual transactions between buyers and suppliers or quality, compatibility, safety of the products and/or services advertised, the truth or accuracy or completeness of any information posted, the ability of suppliers to sell items or the ability of buyers to buy or pay for items, or the terms and conditions of any transaction between the parties. EU-Supply takes no responsibility for the legality of the transactions between buyers and suppliers, or for the products and/or services advertised or made available on the marketplace, unless required by binding and applicable legislation. EU-Supply cannot and does not control whether or not suppliers will complete the sale of products and/or services they offer or if buyers will complete the purchase of products and/or services they have tendered for.
In order to eliminate inefficiencies and to enhance logistics etc for buyers and suppliers EU-Supply may co-operate with partners. Such partners have been selected based on their knowledge of the relevant industries, proven technical expertise and overall customer satisfaction. However, any links from the Site to such partners’ websites are provided solely for Members’ convenience, and EU-Supply accepts no responsibility for the content of any such linked sites or for the services of such partners.
Certain E-commerce services, such as for instance electronic transaction services, are subject to particular rules applicable from time to time and which are provided Members only (“Transaction Rules”). Such Transaction Rules are an integral part these Terms of Use. To the extent of any conflict between such Transaction Rules and the Terms of Use, the Transaction Rules shall prevail. Further, use of EU-Supply ´s electronic transactions services for procurement purposes (buyer side) are subject to a fee, which, unless otherwise is agreed in writing, is charged to the purchasing Member according to EU-Supply's price list applicable from time to time.
Upon request EU-Supply may assist buyer in procurement matters on a consultancy basis. Such consultancy services are not included in the E-commerce services. Unless otherwise agreed, the EU-Supply Terms and Conditions for consultancy services shall apply for all such consultancy services.
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3. MEMBERS-ONLY AREA
Certain portions of the Site are only available to individuals and entities that have been approved members of EU-Supply ("Members"). To become a Member of EU-Supply you must submit a complete Member Registration Form. By submitting a Member Registration Form, you warrant:
(a) that you are 18 years of age or over, (b) that you personally are signing up as a Member, or (if you are signing up as a Member on behalf of a company or other legal entity) that you are authorised to sign up for and bind the legal entity that you have identified in the Member Registration Form, and (c) that the information on the Member Registration Form is current, complete, and accurate, and that you shall promptly update the registration information to ensure that it continues to be current, complete and accurate.
Upon acceptance of a Member Registration Form, EU-Supply will provide to Member a company code. Upon Member's receipt of such company code, EU-Supply authorises Member access and use of the Members-only area of the Site. Individual users of Members are authorised access and use of the Members-only area of the Site by registering the relevant company code and the individual usernames and passwords. |
4. USE AND PROTECTION OF COMPANY CODE, USERNAMES AND PASSWORDS
Member is responsible for maintaining the confidentiality of Member's company code and subsequent registered usernames and passwords. Member is responsible for ensuring the accuracy of registered information about Member and registered information about users of Member (collectively, the "Member Registration Information"). If there is a breach of the confidentiality of the company code or a username or password assigned to any breach of security through Member's account, then Member shall immediately notify EU-Supply .>
The administrator, or administrators, of a company/organization account is/ (also called member) are responsible to assure that all users/members granted access to accounts created by them fully comply with this password policy and all applicable terms and conditions for the use of this marketplace/CTM. |
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that, unless expressly stated otherwise, all Intellectual Property Rights in the Site and its contents, excluding any content in tender responses uploaded by tenderers, are owned by EU-Supply or its licensors. For the purposes of these Terms of Use, "Intellectual Property Rights" means all copyright, know-how, confidential information, technical information, trade secrets, business names, trademarks, service marks, business or trade names, patents, petty patents, utility models, design rights (whether registerable or otherwise), semi-conductor topography rights, database rights, all rights in the nature of unfair competition rights or rights to sue for passing-off and any other intellectual property rights whether registered or unregistered or any application therefor subsisting anywhere in the world from time to time. You may download Material from the Site for your own personal or internal use only provided that you also retain all copyright and other proprietary notices contained on the Material. Except as otherwise expressly provided on the Site, you may not distribute, modify, transmit, reuse, re-post, or use any or all of the Material for public or commercial purposes without EU-Supply’s prior written permission. |
6. SPECIFIC SOFTWARE AVAILABLE ON THE SITE
All Intellectual Property Rights in any software that may be available to download from the Site (the "Software") are owned by EU-Supply or its licensors, and is protected by copyright law and international treaties. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Unless specifically provided in the License Agreement, the Software is made available for downloading solely for personal or internal use by end users, and may not be rented, leased or licensed. Such Software may not be reverse engineered, decompiled or disassembled, except to the extent permitted by applicable law. Any use, reproduction or redistribution of the Software otherwise than in accordance with the License Agreement may result in civil and criminal penalties. |
7. SUGGESTION, IDEAS ETC.
You agree that any unsolicited suggestions, ideas or other submissions to EU-Supply by you shall be deemed not to be confidential or proprietary to you. By sending such information or material to us, you grant EU-Supply an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information, and without limitation you agree that EU-Supply is free to use any suggestions, ideas, concepts, know-how or techniques that you send us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. |
8. LINKING
The Site may contain links to other websites not under the control of EU-Supply. EU-Supply 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 EU-Supply of any such linked-to site. EU-Supply 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.
You may not frame or link or otherwise associate yourself with this the Site without our express written permission. |
9. INDEMNITY BY MEMBERS AND OTHER USERS
At EU-Supply's option and request, Member shall, at its own expense, indemnify, defend, and hold EU-Supply, its employees, suppliers or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable legal fees), arising out of or related to any claim, action or allegation by any third party (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorised access to the Site through Member's account, (c) based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this agreement, (d) arising out of a request for EU-Supply to remove or disable access to any Member content in or on the Site. Member shall not enter into a settlement of the foregoing without EU-Supply's prior written consent.
Without limitation to the foregoing, at EU-Supply's option and request, users of the site (whether or not they are Members) shall, at their own expense, indemnify, defend, and hold EU-Supply , its employees, suppliers or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable legal fees), arising out of or related to any claim, action or allegation by any third party that the user has failed to comply with its obligations under Clause 12 of these Terms of Use. |
10. DISCLAIMER OF WARRANTIES
Except as expressly provided otherwise in a written agreement signed by authorised representatives of you and EU-Supply, the Site and all Materials and E-commerce services on the Site are provided on an "as is" and "as available" basis without warranty of any kind. Without limiting the foregoing, although EU-Supply endeavours to ensure that there are no inaccuracies or defects in the information and data contained on the Site, no warranty is given by EU-Supply in this respect. EU-Supply shall not be liable for any loss, injury or damages occasioned by user as a result of the unavailability or inaccuracy of any such information or data or by making use of the E-commerce services. EU-Supply expressly disclaims liability for loss of data.
Without prejudice to the limitations and exclusions set forth above, in no event shall EU-Supply's liability in relation to the subject matter of these Terms of Use exceed EUR 10,000.
Users of the Site acknowledge that the allocation of risk and the limitations of liabilities contained in these Terms of Use is a material consideration for EU-Supply allowing access to the Site pursuant to these Terms of Use. |
11. CHANGES TO OR ON THE SITE
EU-Supply reserves the right to change the contents of the Site, the presented Materials and the facilities of the E-commerce services. Users will be notified from time to time of any changes. Notice of any changes will be by way of an announcement on the Site or electronic mail or post or otherwise. |
12. PRIVACY POLICY AND CONDUCT OF USER
By accessing and using the Site it is agreed not to, in any way, use the Site or the E-commerce services to: directly or indirectly purchase, sale or provide goods, technology or services prohibited or controlled under any applicable sanctions and dual use regulations, unless granted a permit by the competent authority. 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, EU-Supply officials) or falsely state or otherwise misrepresent your affiliation with a person or entity;upload, post or otherwise transmit any content that you 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 materials, "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;interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;"stalk" or otherwise harass another;collect or store personal data about other users;promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites; anduse your hosting site (or directory) as storage for remote loading or as a door or signpost to another web page (except you own web page), whether inside or beyond the Site.store, process, distribute or otherwise transmit medical records, health records or information regarding individualsethnical, religious or sexual orientation.develop own commercial purposes other than purported by this agreement. |
13. PRIVACY POLICY
EU-Supply’s use of information collected by you follows from the document Privacy Policy available on the Site. Such Privacy Policy is an integral part of the Terms of Use. Subject to applicable legislation, EU-Supply reserves the right to inform the users of the site by email of any new services (incl. optional value added services at a fee) and changes to existing services. EU-Supply will however respect any user opt-out of such information. |
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. |
15. FORCE MAJEURE
EU-Supply shall not be liable for any failure to comply with its obligations under these Terms of Use, to the extent that such failure is due to any circumstances beyond its reasonable control including but not limited to industrial action, strike, walkout, inability to obtain supplies, accident, war, rebellion, civil commotion, fire, explosion, earthquake, act of god or any other cause or contingency whatsoever beyond EU-Supply’s reasonable control. |
16. TERM AND TERMINATION
EU-Supply may terminate and/or amend the Terms of Use at any time by posting the amended terms and conditions on the Site. The termination and/or amended terms and conditions shall in such case automatically be effective the day following they are initially posted on the Site. The Terms of Use may not be otherwise amended except in otherwise agreed in writing. Upon breach of these Terms of Use, EU-Supply may immediately terminate the agreement without prior notice. If the agreement is terminated, EU-Supply may terminate or suspend your access to the whole or any part of the Site, the Materials or the E-commerce services, and remove or discard any content displayed on the Site, at any time and for any reason without prior notice. Upon termination of your access to the Site for any reason, you shall cease to access or to use any information obtained through EU-Supply. EU-Supply further reserves the right to terminate or suspend your access if your account has not actively been used for a period of one year.
The disclaimers of warranties, the indemnity obligations of Members and other users, and the provisions of governing law and jurisdiction shall survive the termination of your access to the Site pursuant to these Terms of Use. |
17. ENTIRE AGREEMENT AND AMENDMENTS
The Terms of Use (including and any relevant Privacy Policy and Transaction Rules) set forth the entire understanding and agreement of the parties regarding the subject matter hereof, and supersedes all prior agreements or representations oral or written regarding its subject matter. |
18. GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by EU-Supply from its offices in London, UK and Stockholm, Sweden. By accessing this Site, you and EU-Supply agree that English law applies to the terms and conditions herein. Any dispute concerning these terms and conditions is to be ultimately settled by an English court.
Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof, shall be finally settled by an English court.
For due and unpaid claims with regard to E-commerce services performed, EU-Supply has, notwithstanding the above mentioned, always the option to take legal proceedings against a customer before a competent court of such customer. |
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