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Terms & Conditions

This website is operated for the Enterprise Directorate of 1, Victoria Street, London, SW1H 0ET by BiP Solutions Limited (company number SC086146, registered in Scotland) whose registered office is at Medius, 60 Pacific Quay, Glasgow, G51 1DZ. These website terms and conditions ("Terms and Conditions") govern your use of the website which we operate from the URL http://www.supply2.gov.uk ("Website"). By using the Website you agree to be bound by these Terms and Conditions with BiP Solutions Limited. If you do not agree with any part of these Terms and Conditions, you may not access or use the Website.

We may change these Terms and Conditions at any time without notice to you. By your continued access or use of the Website, you agree to be bound by the most current version of these Terms and Conditions. Please check these Terms and Conditions regularly for any changes that have been made. If you have any questions please contact us at support@supply2.gov.uk.

1. DEFINITIONS

In these Terms and Conditions, unless the context requires otherwise, the following expressions shall have the meanings set out below:

"us" means BiP Solutions Limited, and "our" and "we" shall be construed accordingly;

"Enterprise Directorate" means part of the Department for Business Innovation and Skills (BIS) of the same name www.bis.gov.uk; or any replacement department or organisation performing the same or similar function; and "you" means your organisation that is registered to use the Website as a supplier, and "your" shall be construed accordingly.

2. YOUR IDENTITY

  1. You confirm that the registration details entered by you are complete and accurate.
  2. You shall not impersonate any person, or entity, use a false email address, false website address details, or otherwise mislead as to the origin of any content submitted by you or your agents.
  3. You acknowledge that the Enterprise Directorate, BiP Solutions Limited, or any replacement provider of the Website can only make limited enquiries at the point of registration of the contact details of buyers, and cannot monitor the content posted, and you are therefore responsible for making your own enquiries of the relevant buyer.

3. YOUR CONTENT

a. You represent and warrant that you own or otherwise control all of the rights to the content submitted by you, or obtained by us from your website with your permission.

You represent and warrant that, upon the date of submission to the Website, the content and material is entirely accurate and not misleading in any way and that the use of the content and material does not breach:

i. the law;
ii. any of our applicable policies or guidelines; or
iii. the rights of any third party;

and will not otherwise cause injury to or defame any person or entity.

c. If any content and material submitted by you ceases to be accurate in any way, you will inform us of this fact immediately and you will take all reasonable steps to either correct the inaccurate content or remove the inaccurate content from the Website as soon as is reasonably practicable.

d. We reserve the right, but do not accept the obligation, to remove any content from the Website for any reason and at any time.

e. By registering for the Website, you grant the Enterprise Directorate, us, and any replacement provider of the Supply2.gov.uk services, solely in relation to the provision of the Website and associated Supply2.gov.uk branded services, a non-exclusive, royalty-free, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media (i) the content and materials posted by you or your agents onto the Website; and (ii) the content reproduced by re-entering other opportunity content relating to you which is publicly available. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

4. TRADEMARKS

  1. All content included on the Website is the property of us, the Crown or our licensors and is protected by United Kingdom and international copyright and database right laws. All software used on the Website is the property of us, the Crown or our licensors and is protected by UK and international copyright laws.
  2. Supply2.gov.uk ® is a registered trademark of the Crown. We have separately registered trademarks used on the Website, including BiP Solutions Ltd ®, which are detailed at http://www.patent.gov.uk. All other products and service names used in the provision of the services are the trademarks of the Crown. They are all here acknowledged.

5. ACCESS AND USE OF THE WEB SITE

  1. We hereby grant to you a limited licence to access and use the Website and a non-exclusive right to create a hyperlink to http://www.supply2.gov.uk only. This licence does not extend to the right to modify or download (other than necessary for normal page caching and use) the Website, or any portion of it, except with our written express consent. This licence does not include any collection and use of substantial portions of the listings or databases for the commercial purpose of resubmission to third parties, nor does it include any substantial downloading or copying of buyer and/or supplier account information. You shall not use the Website in conjunction with data mining tools or similar extraction and data gathering tools. You shall not create and/or publish your own database that features substantial parts of the Website, or the contents of the Website, without our express written consent. You shall not use the content of the Website as source marketing material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf, or for the benefit of another party.
  2. You agree to inform us within a reasonable period of any changes to the information that you provided when registering.
  3. You agree to accept responsibility for:
    a. all activities that occur under your account or password;
    b. for maintaining the confidentiality of your account and password; and
    c. for restricting access to your computer to prevent unauthorised access to your account.
  4. You should inform us if you have any reason to believe that your password has become known to anyone else other than your authorised agents, or if the password is being, or is likely to be, used in an unauthorised manner.
  5. We reserve the right to refuse access to the services, terminate accounts, and remove or edit content at our discretion.

6. CONTENT COMPLIANT

  1. The Website may include links to third party websites from time to time. You acknowledge and agree that we will not be responsible or liable for the availability, content or services available from such third party sites.
  2. You understand that the Website operates on a "takedown upon receipt of notice" system and that it is not possible for us to be aware of the contents of each opportunity.
  3. If you believe that any content on the Website contains a defamatory statement, or if you believe that your own trademark, copyright or other intellectual property rights are being infringed in any way, please contact us at support@supply2.gov.uk. We will use reasonable endeavours to respond within a reasonable time.

7. WEBSITE AVAILABILITY

  1. We endeavour to offer you the best possible service, but cannot guarantee that the availability of the Website will be uninterrupted, and that Website, alerts, and /or email transmissions will be fault free. Occasionally we will need to carry out essential repairs, maintenance and/or updating of the Website which may restrict your access or receipt of email and alerts. Your receipt of email and alerts are also dependant on third parties over which we have no control.
  2. All materials, content and services provided by the Website are provided "as is", when available and without warranty of any kind. To the extent permissible by law, all implied warranties, conditions or other terms are excluded, whether implied by statute or otherwise.
  3. You can contact us by visiting http://www.supply2.gov.uk or at support@supply2.gov.uk

8. FEES AND TERMINATION

  1. There is no subscription charge for your use of the core supply2.gov.uk service. Should you wish to access additional premium services and be enrolled as an annual subscriber, an additional charge plus VAT may apply. This charge will be payable either upon application or within 30 days of invoice, as directed by us. Your subscription period which is for one year commences from the date of registration.
  2. Subject to receipt of payment, we will continue the annual subscription thereafter for such annual periods until we receive a written request to terminate in accordance with the provisions of this clause 8.
  3. Should you purchase any upgrade or additional services at a later date, you will be charged an initial pro rata fee, and thereafter the subscription will renew on the anniversary of your initial registration, this being the agreed renewal date for all subscriptions.
  4. The fees for the upgraded Supply2.gov.uk service or additional services are subject to VAT, which you agree to pay in full.
  5. We reserve the right to increase the cost of the services we provide to you. In such instances you will receive at least 30 days notification of any such increase and the new fee will be applicable from your next renewal date.
  6. While under normal circumstances all fees due will be payable at the time of subscription, should we allow you to pay following receipt of invoice, such sums due will be payable within 30 days. We reserve the right to charge you interest on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
  7. Should you wish to terminate your subscription, you are required to provide notification in writing to BiP Solutions Limited, Medius, 60 Pacific Quay, Glasgow, G51 1DZ, or by email to support@supply2.gov.uk. No responsibility can be accepted for termination notices lost or delayed in the post.
  8. Your subscription will be terminated not more than 30 days after receipt by us of your notice to terminate, but you will continue to be liable for all fees payable during the annual subscription period in which termination occurs.
  9. We reserve the right to terminate the agreement, suspend the service or seek compensation should you fail to comply with these Terms and Conditions.

9. LIMITATION OF LIABILITY

We and the Enterprise Directorate (including our affiliates, officers, directors, agents and employees) will not be responsible for any business loss (including, without limitation, loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website. We and the Enterprise Directorate do not limit in any way our liability in law for death or personal injury or fraud. Our losses are limited to the fullest extent allowable in law.

10. INDEMNITY

You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, employees and the Enterprise Directorate harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or by your violation of the law or the rights of a third party.

11. GENERAL

  1. We shall process your content and other information that you submit to us in accordance with our Data Protection Policy, a copy of which is available at http://www.supply2.gov.uk/cgi-bin/general.cgi?action=data_protection. On occasion we may wish to send you information about our other Supply2.gov.uk services. We may also wish to send you information about our other services or those of third parties, however we will only send you such information where we have your consent.
  2. You consent to the transfer, novation and/or assignment of the Supply2.gov.uk services to the Enterprise Directorate or any third party nominated by the Enterprise Directorate at any time.
  3. We reserve the right to make alternation and amendments to the Website, policies and these terms at any time. If any part of these terms is found to be void or unenforceable, it will be severed from the rest to the extent that it does not affect the validity of the remainder.
  4. We will not be liable or deemed to be in breach of these Terms and Conditions if any delay or failure was due to any cause beyond our reasonable control.
  5. If we fail to exercise at any term of or right arising pursuant to these Terms and Conditions this shall not be construed as a waiver of such term or right and shall not affect our right later to enforce or exercise it. Any express waiver of breach of these Terms and Conditions shall not be deemed to be a waiver of any subsequent breach.
  6. A person who is not party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions, but this does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
  7. These Terms and Conditions, together with the documents incorporated by reference, constitute the entire agreement and understanding between you and us in respect of the matters dealt within them and supersedes, cancels and nullifies any previous agreement relating to such matters between you and us.
  8. You consent, for contractual purposes, to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. With the exception of termination notices pursuant to clause 8.7 above, and unless otherwise explicitly stated, notices to us must be sent by registered post to BiP Solutions Limited, Medius, 60 Pacific Quay, Glasgow, G51 1DZ.
  9. These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree with us to submit to the non-exclusive jurisdiction of the English courts.