Public Contracts Scotland Terms and Conditions

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Definitions

  1. Website means this Website www.publiccontractsscotland.gov.uk.
  2. SPD means the Scottish Ministers acting through the Scottish Procurement Directorate, Meridian Court, Glasgow, G2 6AT.
  3. Operators means SPD and Millstream.
  4. Millstream means Millstream Associates Limited (Company number SC115090) c/o Pinsent Masons LLP, Queen's House, 13 Queen's Road, Aberdeen, AB15 4YL, the company with responsibility for providing the Website and managing it on a day-to-day basis.
  5. 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.
  6. Buyer means any buyer wishing to advertise public contracts, or any private sector contractor wishing to advertise sub-contracts relating to public contracts, on the Website.
  7. Supplier means any person wishing to tender for public contracts advertised on the Website.
  8. User means any registered Supplier or Buyer and any other user of the Website.
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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.

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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.

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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.

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Registration

Users do not have to register to access the Website but the Services may only be accessed by registered Buyers and Suppliers. The Operators may revoke the registration of any Buyer or Supplier who fails to comply with these terms and conditions.

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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 buyers may not be amended, altered or modified in any way once it has been uploaded and must comply with current relevant legislation, including the Procurement Reform (Scotland) Act 2014.

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.

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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 Buyers to advertise public contract opportunities and 2. enabling Suppliers to tender for such opportunities.

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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.

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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.
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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.

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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.

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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 Buyer;
  • do not accept responsibility for the accuracy, suitability, usefulness, and completeness or otherwise for material contained on other websites linked to this Website.
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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

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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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Privacy Policy & Cookies

By using this website you agree to our Privacy Policy and use of Cookies.

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