This Agreement provides the general terms and conditions (the "General Terms and Conditions") applicable to services (the "Services") offered and operated by Biddingo.com ("Biddingo.com"), to you through its Web site located at www.Biddingo.com(the "Site"). A "Buyer" refers to a Public or Private Agency procuring goods and/or services, and a "Supplier" refers to a registered business that sells goods and/or services. By using the Services, you agree to these General Terms and Conditions. The term"Agreement" means these General Terms and Conditions plus all other applicable terms and conditions. Biddingo.com reserves the right in its sole discretion and without notice to amend or modify any of its terms and conditions under any Services being offered to you.
1. USE LIMITATION
Services are intended for your business use only. Access to and use of any Service is through a combination of a user name and password. You agree that such access will not be shared with others. You may not access any Service using the name or password of any other party. Unauthorized access to any Service, or to the telecommunications or computer facilities used to deliver such Service, is a material breach of this Agreement and may be a violation of law. You assume all responsibility for any claim, demand or damage resulting from another party obtaining your password. You shall not attempt to modify, decompile, reverse engineer or otherwise attempt to gain access to any technology or source code underlying any Service. We reserve the right at our sole discretion to refuse any Service to anyone at any time.
Any authorized additional recipients of materials from the Site are also subject to this Agreement. You agree to take full responsibility for any additional recipients for agreeing to and following these Terms and Conditions.
The Site contains links to third party web sites solely as a convenience to you and not as an endorsement by Biddingo.com of the contents on such third party web sites. Biddingo.com is not responsible for the contents of the third party site and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access them, you do so at your own risk.
3. RELEASE AND INDEMNIFICATION
Biddingo.com is merely a venue for you to participate in the use of the Services. The Site acts as a venue for submitting bids and finding business leads and does not screen or censor the listings offered.
Biddingo.com does not guarantee the quality, legality, truth or accuracy of the listings and/or Services. Biddingo.com disclaims any responsibility for system downtime which may affect the timely submissions of electronic bids. You agree to accept periodic facsimile and email notices from us explaining our new Services.
You assume all risks associated with dealing with other users with whom you come in contact through the Site. Because user authentication on the Internet is difficult, Biddingo.com cannot and does not confirm that each user is who they claim to be. In the event that you have a dispute with another user, you hereby release Biddingo.com, its employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. MODIFICATION TO SITE
Biddingo.com reserves the right, for any reason, in its sole discretion, to change or suspend any aspect of any Service or the Site, including, but not limited to, content, features or hours of availability. Biddingo.com may impose limits on certain features of any Service or the Site or restrict your access to part or all of any Service or the Site without notice or liability.
5. USER CONDUCT AND BEHAVIOR
When you use any Services or the Site, you represent, warrant and agree that you will not:
(A) falsify or misrepresent any personal or business information regarding your identity or intentions with respect to any matter;
(B) post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Site that will harm the system, Biddingo.com, its organization or employees:
- send a viruses or any other harmful software code intended to damage, detrimentally interfere with, expropriate any system, data or personal information;
- that violates copyright, trademark or any other proprietary intellectual property rights of others.
(C) use, reproduce, distribute, publish or communicate any information obtained from the Site, for any commercial reason, unless such activity has been expressly approved in writing by Biddingo.com.
Biddingo.com does not assume responsibility for reviewing or verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by you or any other user as a result of relying on any material, content and information posted on the Site.
6. INTERRUPTION OF SERVICE
You understand that Biddingo.com shall take commercially reasonable efforts to make its Site and Service available. However, Biddingo.com is not responsible for any damages or losses related to any system errors or interruptions affecting its Site or any Service and the processing of any transaction related to any Service. You understand that the Site or Service may be unavailable unexpectedly as a result of circumstances beyond Biddingo.com's control.
7. RESOLUTIONS OF DISPUTES BETWEEN BUYERS AND SELLERS
In the event of a dispute between users of the Service in connection with a transaction, all users agree to cooperate with Biddingo.com's customer service department to resolve the dispute. Biddingo.com disclaims all liability with respect to conflicts between users.
The terms and conditions of this Agreement constitute a binding agreement between Biddingo.com and you (the buyer /supplier) until terminated by you or Biddingo.com. Biddingo.com may at any time, in its sole discretion, terminate your user account and access to the Site and any Service.
9.DISCLAIMER OF WARRANTIES
BIDDINGO.COM PROVIDES THE SITE AND SERVICES "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND. BIDDINGO.COM MAKES NO WARRANTIES ABOUT ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, CONTENT MATERIALS ON THE SITE, SERVICES, LISTINGS, LINKS, AND TEXT. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM BIDDINGO.COM SHALL CREATE ANY IMPLIED WARRANTY. USERS ARE INSTRUCTED TO USE THE SITE AND ALL SERVICES AT THEIR OWN RISK.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL BIDDINGO.COM OR BIDDINGO.COM'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICE, THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Subject to the intellectual property rights of the users in any content provided by them in connection with the use of the Site and any Service, Biddingo.com shall retain all right, title and interest in and to the Site and the Services, including all intellectual property rights therein and thereto.
12. SUPPLIER TERMS
(A) SUPPLIER INFORMATION AND RESPONSIBILITIES In order for you to participate in any bidding action from any public and private sector organizations, which has entered into an agreement with Biddingo.com, you may be required to provide additional information. Registration with Biddingo.com does not confer or imply any special consideration to you by the posting organization. The posting organization reserves the right to determine your eligibility to submit bids. It is your responsibility to insure that the information you submit to Biddingo.com and to this Site is current and accurate (includes email address, fax and telephone numbers, etc.). Biddingo.com is not responsible for technical or mechanical problems affecting your fax or computer equipment.
(B) SUPPLIER NETWORK MEMBERSHIP SERVICES
When you establish an account with us we will provide you with a unique login ID (email address) and password. You will be permitted to access bids from purchasing organizations that belong to the Biddingo.com system. You can access this information by visiting our web site and entering your username and password.
I agree to pay monthly or annual online bid alert services fees, and any other applicable charges that Biddingo.com provides me when due and payable. I understand that if there are price changes I will be given thirty (30) days notice.
If the bids are available for electronic download, then you will be able to download them from our web site. You may be asked to pay for downloads outside of your subscribed area or for downloads with special content such as blue prints (A 15% administrative fee applies). We will attempt to notify you of bids and addenda submitted to us by the posting organizations in your subscription that match the Biddingo.com bid categories associated with each bid. We will attempt to notify you by sending you either an email message over the Internet or a facsimile. It is your responsibility to ensure that your facsimile equipment and email account are in good working order.
There is an administration charge of $100.00 for cancellation of a subscription. No cancellations after seven (7) days.
(1) Returned cheque charge $25.00 (2) Overdue accounts 2% monthly (3) Each additional user pays $50.00 + GST/HST as applicable per year from the same company and location. Any other users from the same company but different location must obtain a separate user account. Public sector buyers will communicate with users based on location and not necessarily with the company. (4) There is a $100 re-activation fee for subscribers who wish to re-activate their account once it has lapsed.
(C) PROPRIETARY RIGHTS
13. BUYER OBLIGATIONS
When you have submitted a bid (Tender, RFP, RFQ, RFI) on Biddingo.com, you have extended an offer to suppliers to sell goods or services to you which meet the requirements specified in your quote request, according to your terms and conditions. If a selected supplier submits a bid that is acceptable to you, and if you subsequently award that bid to that supplier, you then agree to accept the requested materials or services from that supplier. Biddingo.com encourages buyers to make electronic bid documents available. To fully facilitate the bid publishing process, post open and closed invitations, distribute electronic documents, amendment issuance, document taker management, bid results and award notifications. Bids should be posted 24 hours prior the release date of the bid.
Vendor Registration Option: If you are creating a Vendor Registration through Biddingo.com's Service, you are required to provide Biddingo.com with your supplier list, so that your suppliers can be notified of the new process.
As part of your partnership with Biddingo.com you agree to Biddingo.com issuing a press release to your suppliers about the partnership.
14. BIDDINGO.COM OBLIGATIONS
(1) As part of the usage agreement with Biddingo.com, we provide the following:
(2) Bids are emailed to the suppliers daily or as soon as possible.
(3) Secure bid system of only notifying the selected suppliers for a "closed invitation".
(4) We provide bid activity reports to posting organizations
Comprehensive customer service and support for both buyers and suppliers. We also provide onsite or online training for public sector organizations.