In these terms and conditions:
(a) “we” means NexTenders (UK) Limited, a company incorporated in England and Wales (registration number 06248929) having its registered office at 2 Stone Buildings, Lincoln’s Inn, London WC2A 3TH, UK (“us” and “our” shall be construed accordingly); and
(b) “you” means: an individual user of the Website; and, in addition, if the Website is used on behalf of a company or other legal or natural person, that company or other person (and “your” and “yours” shall be construed accordingly).
These terms and conditions govern your use of the Website.
By using the Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.
If you register with the Website, you will be asked for your express agreement to these terms and conditions.
If you register with the Website as a buyer, you will also be asked to agree to our customer terms and conditions. In the event of a conflict between these website terms and conditions and those customer terms and conditions, the customer terms and conditions shall prevail.
In these terms and conditions:
(a) “Website” means the website available at www.nexprocurelite.co.uk;
(b) “Services” means the services available to registered users through the Website, whether free or paid-for; and
(c) “Content” means any data, materials or other content that you may submit to, store on, or transmit or process using the Website or the Services.
(3) Licence to use Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website for your own use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Save as expressly permitted by us, you must not:
(a) republish material from the Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) show any material from the Website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
(e) edit or otherwise modify any material on the Website; or
(f) redistribute material from the Website.
(4) Registration and Services
Access to certain areas of the Website is restricted to registered suppliers and buyers. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion.
If you are an individual, you must be at least 18 years of age to register to use the Services.
You must only use the Services using your own login details. You must not use any other person’s user ID and password to access the Services or restricted areas of the Website.
You must ensure that your password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any use or misuse of the Website or Services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
(5) Acceptable use policy
You must not use the Website or Services in any way that causes, or may cause, damage to the Website or Services or impairment of the availability or accessibility of the Website or Services.
You must not use the Website or Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website or Services via any bot or automated computer system, and you must not enable any bot or automated computer system to use the Website or Services.
You must not engage in any abusive or threatening behaviour in relation to any of our personnel, customers or users.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Services without our express written consent.
You must not intentionally or unintentionally use the Website or Services to store, process, share or transmit:
(a) any viruses, Trojans, worms, root kits, spyware or other harmful software, programs, routines, applications or technologies; or
(b) any software, programs, routines, applications or technologies that will or may negatively affect the performance of a computer or present significant security risks to a computer.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store, copy, adapt and transmit your Content for the purposes of operating the Website, providing the Services and exercising our rights in relation to the Website and Services. You also grant to us the right to sub-license these rights.
You must not use the Website or Services to store, host, copy, distribute, display, publish, transmit or send Content that is illegal or unlawful, or that will or may infringe a third party’s legal rights, or that could give rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law).
Content must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral rights, database rights, trade mark rights, design rights, rights in passing off or other intellectual property rights;
(d) infringe any rights of confidence, rights of privacy or rights under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of official secrets legislation; or
(j) be in breach of any contractual obligation owed to any person.
You must not store, process, share or transmit any Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Content must not be pornographic.
Content must not constitute spam. You must not use the Services to store, process, share or transmit unsolicited commercial communications.
We do not actively monitor Content.
You acknowledge that we cannot be held responsible for any material posted by a user on the Website or published, transmitted or distributed using the Services, and agree that your use of the Website or Services shall be at your own risk.
(8) Reporting of abuse
If you become aware of any material on the Website or accessible through the Services that contravenes these terms and conditions, please notify us using our contact form.
(9) Limited warranties
We do not warrant the completeness or accuracy of the information published on the Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Website and the use of the Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(10) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and Services are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
We will not be liable to you in respect of any loss or damage arising out of any temporary interruption of the Services and/or unavailability of the Website.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
(12) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Website;
(c) permanently prohibit you from accessing the Website;
(d) block computers using your IP address from accessing the Website;
(e) contact your internet services provider and request that they block your access to the Website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your access to and/or account with the Website; and/or
(h) take any other action contemplated by our customer terms and conditions.
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You agree that we may assign any or all of our rights and/or obligations under these terms and conditions to any third party. You must not assign any rights or obligations under these terms and conditions without our prior written consent.
(16) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(17) Entire agreement
Subject to the first paragraph of Section 10, these terms and conditions, together with our customer terms and conditions (if applicable) and privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
(18) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
(19) Our details
The Website is owned and operated by NexTenders (UK) Limited.
Our registered office is at 2 Stone Buildings, Lincoln’s Inn, London WC2A 3TH, UK and our company registration number is 06248929.
If you have any questions about the Website, please contact us:
(a) by email (to firstname.lastname@example.org);\
(b) by telephone (to 020 7470 8866) or
(c) by post (to Garden Studios, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, UK).