Terms and conditions of using the web-page
If you meet below terms and conditions for the user, you will have an opportunity to use e-procurement portal and service connected to it. Please read the following information carefully. By registering into the system as a user you take the liability to meet and fulfill all the below terms and conditions for the user.
1. Interpretation of the terms
1.1 “Web-page” - www.tenderers.net
1.2 “Web-page owner” – TMC Ltd
1.3 “User” – physical or legal person, which took a registration on the web-page.
1.4 “Announcement” – Procurement form, through which procuring organization has an opportunity to make an inquiry, receive information about suppliers, request them to provide qualification documentation and/or RFP, RFQ on procuring category. By means of the module procuring organization has an opportunity to send information about procurement to all the suppliers registered in the base having similar (CPV code) and/or invite desirable supplying company with special function.
1.5. „E-tender“ Procurement form, through which procuring organization has an opportunity to conduct e-tender and select a company providing best bid. Three-stage trade can be conducted by using e-tender module, during which supplying companies present delivery price for procuring category in real time trading mode. Apart from the three-stage trade e-tender can be conducted without trading. In this case supplying companies enter the price in base time of the tender announcement.
1.6. „E-tender with prequalification“ - Two-module procurement form, through which procuring organization has an opportunity to set qualification requirements on first stage and carry out prequalification. On second stage procuring organization will select those supplying companies, which satisfied qualification requirements and invite them to participate in e-tender. Afterwards it is possible to carry out three-stage e-trade or e-tender without trade and detect the supplying company with the best bid.
1.7 “Bid” – proposal, including tender proposal, which was presented by a user to another user as a result of an announcement made by the latter.
1.8 “Rules” – Terms and conditions for using this web-page.
1.9 “Information announced on the web-page” – any information announced on the web-page by the users, including announcement, bid and/or any information sent by the users through the chat existing in the system, and/or any information uploaded as any type of files in the system by the users and etc.
2. General terms
2.1 User places information on the web-page and/or sends through web-page personally, by its own desire, proceeding from its own interests. User makes any decision independently concerning the information placed on site, as well as takes any risk on itself caused by such decision. Web-page owner does not interfere with this decision-making process and is not responsible for making decision by the user and connected risks.
2.2 Web-page and web-page owner are not the authors of the information placed on the web-page and cannot be considered as party of any deal made between the users through the information placed on the web-page. Web-page enables the users to announce the information through technical platform of the web-page according to their point of view and interest; assists the users to distribute the announcements and communicate with each other electronically and/or in other forms.
2.3 Web-page owner does not have to check the content and accuracy of the information placed on the web-page. Web-page owner is not responsible for possible financial loss or reimbursement any other loss caused by the inaccuracy of such information.
2.4 Information placed on the web-page by the user does not have legal force. User has to check the accuracy of such information with other user before making any deal.
2.5 Information placed on the web-page is open to any other user, except the cases determined by the paragraphs 2.7, 2.8 and 2.9 of these terms.
2.6 User is able to select the field while making an announcement, message on placed announcement will be sent to all supplying companies specialized in respective field (CPV code) registered in the base by using this function. Or select announcement of closed type – when message on placed announcement will be sent to only those supplying companies, indicated by procurer, registered in the base by using this function.
2.7 Received bids and procurement results ae available to all users, except the case, when by activating a special field procurer is able to hide provided bids (documentation, price and etc.) of supplying companies.
2.8 Procuring organization is able to stay anonymous by activation of special field. Identity of announcement maker will stay hidden to other users by using this function.
3. User registration
3.1 User ha to fill in respective mandatory fields and accept terms and conditions to register on the web-page.
3.2. Registration process on the web-page is not completed by filling in the mandatory fields by the user.
3.3. In order to complete the registration, web-page administrator sends a link to an electronic mail indicated by the user, within 24 (twenty-four) hours after filling in the information, according to which the user is registered.
3.4. User is responsible for the accuracy of the information indicated during the registration.
4. Placing an announcement and presenting a bid
4.1 User is able to place an announcement and/or participate in announced contest.
4.2. Web-page service is free.
5. Rights and obligations of the user
5.1 Any physical and legal person has a right to place an announcement on the web-page.
5.2 User bears the obligation to protect confidentiality of own username and password and full responsibility on all actions, which will be taken on behalf of its username and password. User is obliged to: 1. inform the site administration on unsanctioned usage of its password and account and any other violation of security norms; 2. ensure log out from the account after every access.
5.3 Registered user has a right to change or update its profile any time as needed.
5.4 In case of unsanctioned distribution of its username and password user is obliged to change the password immediately or inform the web-page administration on unsanctioned distribution of its username and password.
5.5 User does not have a right to place such information on the web-page or send through it, which opposes respective legislation active in Georgia. All users registered on the web-page are responsible for possible legal outcome of all their actions carried out on the web page according to the Georgian legislation.
5.6 User is not authorized to place such information on the web-page, which may cause material or any other loss to the web-page owner.
5.7 If a user will have any claim or misunderstanding against other user, it will present its claim directly to that user, independently from the web-page owner and without prior notice/claim presentation. Web-page owner (as well as its any employee) is not responsible for such claim/misunderstanding, including: loss compensation, expense reimbursement and any expenditure reimbursement.
5.8 User is obliged to act according to the Georgian legislation and these terms as well as take the responsibility for any action made by it on the web-page. User is not allowed to announce such information on the web-page, which: 1) misleads other user on the purpose; 2) insults dignity or business reputation of the third party; 3) contains discrimination of religious, ethnic or other minorities; 4) contains abhorrent language or threat against somebody; 5) contains uncensored words.
5.9 User is free to determine terms of the announcement/bid placed by it and select user and case to continue further agreement relationship with.
5.10 User does not have right to change, upload, download, copy, publish or distribute in any other form web-page elements, including system text, code, graphic image, program code, software, without the consent of web-page owner.
5.11 System requirements: technical equipment, software and internet connection of the user shall meet minimum recommended requirements for proper usage: internet connection speed (upload/download) – 2mb/sc; browser Mozilla Firefox 3.6 (or next version) / or Internet Explorer 7 (or next version) / or Google Chrome. Site administration is not responsible for system usage results in case of not meeting the above minimum requirements by the user.
6. Web-page owner rights and obligations
6.1 Web-page owner is not responsible for information content and accuracy placed by a user on the web-page.
6.2 Web-page owner remains the right to increase or decrease price for presenting announcement and bid on the web-page without advance notification of the users.
6.3 Web-page owner has a right to delete the announcement without advance notification of the user, if it contradicts with web-page terms or Georgian legislation in any form.
6.4 Web-page owner has a right to deactivate those users, whose actions contradict with web-page terms or Georgian legislation, without advance notification.
6.5 Information placed on the web-page by the user is stored in web-page server and ensured by high level security.
6.6 Web-page owner ensures proper functioning of the web-page, except force majeure situation, when proper functioning of the web-page is beyond the forces of the web-page owner (damage of internet connection, cyber-attack and etc.).
6.7 Bid made in last 10 seconds of the tender proposal time (in base time, as well as in additional rounds) may be not featured in the system considering the time necessary for connecting with the server. In such cases web-page administration is not responsible for featuring of the made bid in the system and it represents the risk of the candidate.
6.8 Web-page owner is obliged to inform the users 24 hours earlier on the electronic mail indicated by them during registration on scheduled works that are planned on the web-page, which may hinder with proper functioning of the web-page. User does not have a right to present any claim or financial request concerning web-page technical failure within the period indicated in such notification.
6.9 Web-page owner has a right to change these terms without advance notification of the users, herewith web-page owner is obliged to inform the users on made changes to these terms by sending them a letter on the electronic mail indicated by them during registration.
6.10 Web-page owner is entitled to select web-page security terms on its point of view and is obliged to ensure proper functioning of selected security terms. Web-page owner is free from any responsibility and does not bear financial responsibility connected with cyber-attack of a third person.
7. Dispute settlement
7.1 All the disputes aroused concerning these terms will be settled through mutual agreement. In case of not reaching the agreement parties are entitled to address the court in accordance to the active legislation of Georgia.
8. Uploading of files
8.1 It is possible to upload any document in the system only in pdf format. Size of each file shall not exceed 8 (eight) megabytes. User-uploaded file shall not contain viruses and shall correspond the information of certain tender requested by the procuring organization.
9. Special terms:
9.1 Applicant gets acquainted with the web-page terms (web-page address: www.tenderers.net) in electronic format and accepts them by pushing the button at the end of the web-page. By this accept it confirms that it got acquainted with web-page terms, fully understood their content and legal results, does not have any vagueness concerning them, they are acceptable and it is obliged to fulfill all the terms contentiously, joins them and its accept made electronically equals to signing of the web-page terms. All the other interpretation on above mentioned or indication that above was not known to it, will be considered annulled in future.
9.2 These terms go into force from the moment of applicant gets acquainted with the electronic form of the terms on the company web-page and is valid until the calcellation of applicant’s registration.
9.3 Applicant confirms that it is fully competent and while accepting the button on the web-page is not under the influence of alcohol, drugs, psychotropic medications and toxic substances.
