Terms of Use
This Agreement consists of the following terms and conditions referred to as the “Terms”.
Acceptance of the Terms
You must be of legal age to enter a binding agreement to accept the Terms. If you disagree with the Terms, do not use any of our Services. You can accept the Terms by checking a checkbox, clicking on a button indicating your acceptance of the terms, or actually using the Services.
Description of Service
GOBEYONDPROCUREMENT is a service of BUYERS UNITED B.V.
GOBEYONDPROCUREMENT provides an array of procurement services for digital collaboration and management, including Tender Management, Contract Management, Spend Management and other services. There would be many more add-ins or applications being added for web and mobile, and the list is not exhaustive. The services may include custom development as well.
You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
Modification of Terms of Service
We may modify, suspend or discontinue the Terms, services, or any Application, in whole or in part, at any time without notice or liability. Your continued use of the Service after the effective date of any change to the Terms will be deemed your agreement to the modified Terms.
Suspension and Termination; Waiver; Amendments.
Your rights under this Agreement will terminate without notice from us if you fail to comply with its Terms. In case of such termination, you must cease all use of the services and applications. We may immediately revoke your access to the services and applications without notice to you and a refund of any purchases. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of our rights. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on our website at www.gobeyondprocurement.com. Your continued use of the services and applications after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
User Sign up Obligations
You must sign up for a user account by providing all required information to access or use the Services. Suppose you represent an organization and wish to use the Services for corporate internal use. In that case, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if BUYERS UNITED B.V. has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, BUYERS UNITED B.V. may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Personal information you provide to BUYERS UNITED B.V. through the Service is governed by GOBEYONDPROCUREMENT Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the GOBEYONDPROCUREMENT Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account. You agree to inform us immediately of any unauthorized use of your user account by email to info@gobeyondprocurement.com or by calling us on any of the numbers listed on http://www.buyersunited.nl/contact responsible for any loss or damage to you or any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Communications from BUYERS UNITED B.V.
The Service may include certain communications from BUYERS UNITED B.V., such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you with total privacy, we also provide you with the option of opting out of receiving newsletters from us. However, you will not be able to opt-out of receiving service announcements and administrative messages.
Fees and Payments
The Services are available under subscription plans of various durations. Payments for subscription plans can be made by online payment gateways (for example, Credit or Debit cards etc.). Your subscription will be automatically renewed at the end of each period unless you downgrade your paid subscription plan to a free one or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or other payment method last used by you. We provide you with the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days before the renewal date. If you have not downgraded to a free plan and have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized BUYERS UNITED B.V. to charge the subscription fee to the Credit Card last used by you.
From time to time, we may change the price of any Service or charge for the use of Services that are currently available free of charge. Any charge increase will not apply until your then-current billing cycle expires. You will not be charged for using any Service unless you have opted for a paid subscription.
Prices are subject to revision at the time of renewal as per Company Policy. All subscriptions (i) are non-refundable; (ii) include 1 hour of free application support for the 1st year and free technical support for any bugs/issues in the application. Any additional features or changes requested by the customer shall be charged additionally per the efforts involved.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or uses their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of BUYERS UNITED B.V.; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing”, or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only. You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services, you affirm that you have the consent, authorization or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in an aforementioned manner, you expressly agree that BUYERS UNITED B.V. will have the right to block access to or remove such content made available by you if BUYERS UNITED B.V. receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to the determination of questions of illegality or infringement of third-party rights in such content by the agent designated by BUYERS UNITED B.V. for this purpose.
Sample files and Applications
BUYERS UNITED B.V. may provide sample files and applications to demonstrate the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. BUYERS UNITED B.V. makes no warranty, either express or implied, on the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Trademark
GOBEYONDPROCUREMENT logo, the names of individual Services and their logos are trademarks of BUYERS UNITED B.V. You agree not to display or use, in any manner, the BUYERS UNITED B.V. trademarks without BUYERS UNITED’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ‘ USE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BUYERS UNITED B.V. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYERS UNITED B.V. MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BUYERS UNITED B.V., ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT BUYERS UNITED B.V. SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BUYERS UNITED B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL BUYERS UNITED’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless BUYERS UNITED B.V., its officers, directors, employees, suppliers, and affiliates from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by BUYERS UNITED B.V.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated individually and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Amsterdam, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything contrary, BUYERS UNITED B.V. may seek injunctions or other equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to all or part of any Service in case of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspending or disabling user accounts should be made to info@gobeyondprocurement.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
Termination of the user account will include denial of access to all Services, deletion of information in your user account, such as your email address and password and deletion of all data in your user account.
END OF TERMS OF SERVICE
Contact Information
For communications concerning this Agreement, please write to BUYERS UNITED B.V., AMSTERDAM, Laplacestraat 41, 1098 HR, the Netherlands.