Public Contracts Scotland Terms and Conditions
Definitions
- Website means this Website www.publiccontractsscotland.gov.uk.
- SPD means the Scottish Ministers acting through the Scottish Procurement
Directorate, Meridian Court, Glasgow, G2 6AT.
- Operators means SPD and Millstream.
- Millstream means Millstream Associates Limited (Company number
SC115090) c/o McGrigors LLP, Johnstone House, 52-54 Rose Street, Aberdeen, AB10
1UD, the company with responsibility for providing the Website and managing it on
a day-to-day basis.
- Services means all of the functional Services provided to Users
through the Website including creation of tender notices, uploading of tender documentation,
downloading of documents, posting of questions and answers, online submission of
tenders and other general services.
- Purchaser means any contracting authority wishing to advertise
public contracts on the Website.
- Supplier means any person wishing to tender for public contracts
advertised on the Website.
- User means any registered Supplier or Purchaser and any other user
of the Website.
Introduction
The use of the Website is governed by the terms and conditions set out below.
Please take the time to read them carefully. By using the Website you agree to be
bound by these terms and conditions. If you do not agree with these terms and conditions
your sole remedy is to discontinue using the Website.
Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with
Scots law and are subject to the jurisdiction of the Scottish courts.
Alterations
SPD reserves the right to modify the Website and add, amend or vary these terms
and conditions. You are responsible for reviewing these terms and conditions and
your continued use of the Website constitutes your agreement to any modified terms
and conditions. SPD shall endeavour, but shall be under no obligation, to publish
notice of such modifications in the news section of the Website.
Registration
Users do not have to register to access the Website but the Services may only be
accessed by registered Purchasers and Suppliers. The Operators may revoke the registration
of any Purchaser or Supplier who fails to comply with these terms and conditions.
Website Content
The Operators have no responsibility for the accuracy, veracity and completeness
of information uploaded by Registered Users and for any errors in the manner of
its input.
Contract documentation uploaded to the Website by registered Purchasers may not
be amended, altered or modified in any way once it has been uploaded.
Registered Suppliers consent to the recording by the Operators of Suppliers’ use
of the Services. Users of the Website must not upload any information, including
questions, which contain viruses or are defamatory or otherwise unlawful, malicious,
abusive, frivolous or otherwise inappropriate.
The Operators may need to disclose information provided by registered Users as required
by law or judicial order. Without prejudice to the generality of the foregoing,
you should be aware that SPD is subject to the Freedom of Information (Scotland)
Act 2002 and the Environmental Information (Scotland) Regulations 2004.
Personal data
Any personal data processed by Millstream will be treated in line with the Data
Protection Act 1998 and processed for the purposes of 1. enabling Purchasers to
advertise public contract opportunities and 2. enabling Suppliers to tender for
such opportunities.
Communicating with users
From time to time, emails from the Website will be issued to registered Users with
Website-pertinent information such as notification of major changes or problems
with the Website. Occasionally, surveys to establish User satisfaction with the
Website may be issued, as well as communications relating to the public procurement
regime.
Products
The Website accepts information uploaded by certain third party software products.
This facility does not:
- imply approval of such products by the SPD;
- imply a preference of such products over any other similar product which does not
provide the functionality to upload information to the site;
- imply any liability on the Operators for the accuracy, veracity and completeness
of information prepared by these products, and for any errors arising from the use
of these products and for any damage arising from the use of these products.
Liability
The Operators reserve the right to withdraw access to the Website or the Services
at any time (whether in whole or in part) without notice.
Without prejudice to the generality of the foregoing, the Operators shall not be
liable for any delays, interruptions, errors or failures in the provision of the
Services not within the reasonable control of the Operators including force majeure,
failure or fluctuation of electrical power, industrial action, industrial disputes,
breakdown or other malfunctions of the User’s or the Operators’ telephone or other
technical equipment, including information technology software.
Insofar as permitted by law, the Operators shall not be liable, either in contract
or in delict, for any direct, incidental, consequential, indirect or punitive damages
or any other losses, costs, expenses or damage of any kind claimed to have arisen
as a result of using this Website or as a result of the non-availability, non-functioning
or malfunctioning of the Services or otherwise in connection therewith.
Indemnity
Each User shall indemnify and hold the Operators harmless from any loss or damage
suffered as a result of the User’s breach of any of these terms and conditions.
Disclaimer
Information on the Website does not constitute legal or professional advice. The
Operators:
- do not accept responsibility expressed or implied for the accuracy, suitability,
usefulness, and completeness or otherwise of the information contained on this Website;
- do not warrant that the information contained on this Website is free from infection
by computer viruses or that it does not infringe the intellectual property rights
of any person anywhere in the world;
- do not accept responsibility for any errors in uploading or downloading information
from this site;
- do not accept responsibility for non-adherence by Suppliers to the stipulated closing
dates and times expressed in tender documents or otherwise amended by the relevant
Purchaser;
- do not accept responsibility for the accuracy, suitability, usefulness, and completeness
or otherwise for material contained on other websites linked to this Website.
Copyright
The information and publications on the Website, excepting information uploaded
by registered Users, are subject to Crown Copyright. Material may be reproduced
without formal permission or charge for personal or in-house use only. For other
use or if in doubt, further information is available from www.hmso.gov.uk/copyright.htm
Guidance notes on publishing and copyright, including those from the Queen's Printer
for Scotland, are available at www.hmso.gov.uk/guides.htm
Management Information
The Scottish Ministers may occasionally use the data obtained to report on statistical
management information. Additionally, the e-mail address of your company may also
be used to contact your organisation in future. Your e-mail address will however
not be passed onto any other third parties.
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