Terms & Conditions

Terms & Conditions

bidproc, by Business Gateways International - Bidder Terms & Conditions

bidproc, the online eprocurement initiative of Business Gateways International, Sultanate of Oman, is hosted on www.bidproc.com. bidproc is fully owned by Business Gateways International. bidproc provides eProcurement services online, to its registered users. Usage of bidproc services by registered users, online or offline, is governed by the following Terms and Conditions.

By registering as a Bidder on bidproc, the Bidder hereby agrees to have fully read and understood the below Terms and Conditions. Further Bidder also agrees that the company which the Bidder is representing, and all legal representatives of Bidder's company have perused this Terms and Conditions, understood it, and fully accept to be bound by this Terms and Conditions.

DEFINITIONS

  1. "BGI" means Business Gateways International LLC, a company based in Floor 2, Building 4, Knowledge Oasis Muscat, Sultanate of Oman, with online presence at  www.businessgateways.com, who is the provider of bidproc Services mentioned further.
  2. "Portal" refers to www.bidproc.com, that is accessible through a functional online access system.
  3. bidproc means the eProcurement System offering eTendering and eAuction services, on the Portal www.bidproc.com.
  4. "Service" or "Services" mean the functionalities provided through bidproc offered by BGI on the Portal, subject to utilization policies prevailing on the Portal.
  5. "Subscription" means the free or paid facility given to the Companies who wish to use the mentioned Services of BGI on bidproc for a specific period of time.
  6. "You" and "User", "Subscriber", "Member" and "Bidder" as used herein refer to all individuals and/or the Company accessing this website for valid business reason.
  7. "Company" unless specified otherwise, means the company which the Bidder represents.
  8. "Auctioneer", "Tendering Authority" or "TA", as used herein refers to the Government and Non-Government organisations accessing the Services on bidproc to source bidders for their procurement or auction events.
  9. "Material" means text, graphics, images, documents and any other viewable item or contents of the Service.

GENERAL TERMS

  1. By registering as Bidder, on the bidproc, You accept all the following Terms and Conditions.
  2. Bidders who successfully complete the Bidder Registration Process on www.bidproc.com are offered an access to the relevant Services of bidproc which begins from the date of issuing the username and password and remains valid until otherwise explicitly informed to the Bidder by BGI.
  3. BGI reserves the right, in its sole discretion and at any time, to make changes to these Terms and Conditions.
  4. BGI also reserves the right, at any time, to waive or modify any of the clauses in these Terms and Conditions if they apply to a specific item of the Bidder, without affecting the application of these terms to any other Bidders.
  5. Any changes made will be effective accordingly when made and the updated Terms and Conditions will be available on www.bidproc.com/terms.
  6. Any Bidder who violates any of these Terms and Conditions may be banned permanently from using some or all of the Services. Such a Bidder might also be subject to penalties as per the discretion of BGI.
  7. If any of provision of this Terms and Conditions shall by BGI, be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable as an update to these Terms and Conditions and shall not affect the validity and enforceability of the balance of this Terms and Conditions.
  8. You understand and agree that BGI and the Auctioneer/TA may send you certain communication in connection with the Services, such as Service announcements and administrative messages, and that BGI may also send you copies of any periodic newsletters or similar informative communications from time to time.
  9. Any communications sent to you by BGI or Auctioneer/TA, concerning the Services or related matters are intended to the Bidder and not intended to be made public.
  10. While BGI makes reasonable efforts to ensure that the Services are available at all times, BGI does not guarantee that the Services will be uninterrupted or error-free, and BGI does not guarantee that Bidders will be able to access or use all the Services or all of their features at all times. Bidders agree that they utilize the Services at their own risk.
  11. BGI may change, suspend or discontinue any (or all) Services, or any of their features, at any time, and BGI may also impose limits on the use of or access to certain features or portions of the Services, or restrict your access to any part or all of the Services, in all cases without notice to you or liability to BGI.
  12. The information that You supply during the registration process is deemed accurate and complete by BGI. BGI, at its sole discretion, may suspend or delete the record of a Bidder if the record is considered incomplete or out-of-date as assessed against BGI's standards or record quality and the Bidder has failed to comply with update requests issued by BGI. Where such deletion or suspension occurs, the Bidder shall not be entitled to any compensation in part or in whole.
  13. You are responsible for maintaining the confidentiality of your login id and password.
  14. BGI disclaims any responsibility or liability arising from your disclosure of any information, in the Services.
  15. BGI is not under any obligation to do so, but may monitor certain Bidder activities.
  16. BGI reserves the right to review all Bidders to remove, or to refuse to display, any Bidders in BGI's sole discretion and for any reason.
  17. BGI does not make any promises as to what actions BGI will or will not take with respect to any Bidder who violates the Terms and Conditions and no such promises should be inferred from either the Terms and Conditions or any communication by BGI.
  18. BGI does not endorse or guarantee the accuracy of any Bidder information and You agree that BGI shall not be held responsible for the accuracy of the Bidders' information and shall not be liable for any damages incurred as a result of the submission or use thereof.
  19. The Bidder shall not infringe in any manner on the copyright, trademark or intellectual property rights of any Bidder, person or entity, or that contain any confidential or proprietary information of any Bidder, person or entity, or that otherwise violates the legal rights of any person or entity on the Portal. Further all Bidders shall abide by laws prevailing in the Sultanate of Oman or any other International Laws and Regulations that applies.
  20. As part of its Services, BGI connects with external source feeds from various entities, such external sources are not controlled by BGI and no representation is made by BGI as to their content.
  21. BGI makes no representations or warranties concerning the accuracy of the information supplied by the Bidder or the delivery or transmission of the Service.
  22. BGI disclaims any responsibility or liability for the conduct of Bidders or any obligations arising whether directly or indirectly from Registration and Participation, in any procurement/auction events, including claims for damages and/or for any indemnification whatsoever.
  23. BGI shall be indemnified from any and all claims arising out of any kind of loss from anyone using the services of BGI.
  24. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transactions or activities being conducted on and during the usage of the system.

SERVICES TERM

  1. BGI hosts eTendering and eAuction services on its website www.bidproc.com which is an online etendering/eauction application providing Services for the Users.
  2. BGI provides the eTendering or eAuction Services on behalf of the Auctioneer/TA on other Services in the Sultanate of Oman on an 'as is where is' basis through our website www.bidproc.com in accordance with the scope agreed and the mandate given to BGI by the Auctioneer/TA.
  3. Any or all of the Services given on the Portal may be chargeable as per the policies of BGI.
  4. Bidders agree to use the System in accordance with these Terms and Conditions and warrant the accuracy of the information supplied to BGI/Auctioneer/TA and agree to the best of their abilities to answer the questions in the questionnaires as accurately and completely as possible so that the information reflects the status of their company and the specific products, equipment and/or services offered by them at the time of completion of any questionnaires, and thereafter to utilize the System and its Services to update their record in a timely manner whenever there is a change in the aforementioned information.
  5. By registering as Bidder, you fully understand and agree that the submission to any procurement/sales requirement by the Auctioneer/TA do not automatically give you or your company default approval to participate in their Auction processes.
  6. You agree not to attempt to influence or impede the any activities in any way and that you will comply with all the requirements as laid by BGI and the Auctioneer/TA of the System.
  7. While the intent of the Auctioneer/TA is to be present on the System to serve their procurement/auction needs, you fully understand and agree there is no guarantee that the Auctioneer/TA shall be present on the System indefinitely and that their duration of presence on the System and the scope of interaction with your organisation is entirely dependent on the individual policies and decisions of the Auctioneer/TA. BGI cannot be held responsible or liable for any decision made by any Auctioneer/TA or any Users related to the Portal.
  8. You agree that bidproc is a common database of Bidders with a mechanism to connect Auctioneer/TA with Bidders. Auctioneer/TA shall decide at their individual capacity if they need to publish tenders & auctions, connect with your company and involve in other activities related to their procurement or sales through the Portal. BGI makes no claim that all tenders and auction information of the Auctioneer/TA will be visible on the System and that is entirely dependent on decision of each Auctioneer/TA.
  9. You fully authorise BGI to access your data and Information submitted by your company online and offline as part of the validation process. You also agree to host the validated data on our website www.bidproc.com for access by Auctioneer/TA who connect on bidproc for their procurement, auctions and other related usage.
  10. Regardless of whether a Tender/Auction or an Alternative event is successful or unsuccessful or the Process is terminated, all costs, charges and expenses incurred by Bidder in the preparation and submission of the Tender/Bid or Alternative requirement, including Site visits, shall be borne by Bidder.
  11. Any or all the Services may have additional Terms & Conditions relevant to that Services which will not cancel any or all of the terms described in this agreement unless it is explicitly mentioned by BGI.
  12. The Bidder agrees to accept the Terms & Conditions which are issued (Offline/Online) by the Auctioneer/TA or BGI as part of the Services, Tendering Events, Auction for accessing the Service or participating in the process of Tendering and Auctions.
  13. BGI while taking all possible steps to ensure confidentiality of your data does not guarantee in any way that the data will remain secure and confidential on the Portal.
  14. You agree to manage your own data responsibly and ensure compliance to the requirements as laid by the BGI.
  15. You may search, retrieve, display, download, and print content from the Services solely for your use. You shall make no other use of the content without the express written permission of BGI. You will not modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit other than as set forth herein, any of the content, tools or technology, in whole or in part, found on the Services. Further, you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Services that would create any electronic database or archive containing such content. You shall not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content, tools or technology on the Services or the Services themselves without the express written permission of BGI. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to BGI.
  16. In searching the Services, you shall not employ any automated search tools, including so called "crawlers", "bots" and "spiders" that programmatically access and extract content in order to repurpose or resell the Services content and tools, nor may you "scrape" and/or reformat any information off the services HTML pages or XML interface, including meta tags, results pages, abstracts, and documents without the express written permission of BGI. Those seeking more information on permission for systematic access will need to email: enquiry@businessgateways.com.

USER ACTIVITIES AND PRIVACY OF USER INFORMATION ON THE SERVICE

  1. You will use the Services and any tools, content, material, or information found on the Services solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the Service any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
  2. BGI has no obligation to, and does not and cannot, review every item of material or information that you and users other than you make available through the Services, and BGI is not responsible for any content of this material or information. However, BGI reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libellous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. Further, BGI reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
  3. BGI reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. BGI further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. BGI may also distribute such data in forms that identify you individually or reveal your identity to affiliates, partners and to third parties with a contractual relationship with BGI. All such use and distribution shall be in accordance with BGI's privacy policy, which is incorporated herein by reference. Please familiarize yourself with the privacy policy described in the other sections of this Terms & Conditions. Nothing herein shall prevent BGI and its marketing partners from contacting you by email, phone, or direct mail with offers, information, and other communications and all such contact is expressly provided by you. Nothing herein shall prevent BGI from complying with valid requests by governmental authorities investigating civil or criminal matters.

COPYRIGHT

  1. All content and tools provided by BGI on the Portal and its Services are protected by copyright, trademark and/or other applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by BGI. The Services are also protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws. All trademarks appearing on the Services are the property of their respective owners. You agree not to use any trademarks or copyrighted material without express written permission of BGI.
  2. Unauthorized use of the Material on the Portal may violate copyright, trademark, and other laws.
  3. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.
  4. The use of the Material on any other website for any purpose is prohibited.
  5. You shall not copy or adapt the HTML code that the User creates to generate its pages. It is also protected by the BGI's copyright.

TRADEMARK

  1. The trademarks, names, logos and service marks (jointly "trademarks") displayed on this website are registered and unregistered trademarks of BGI.
  2. No content on this should be interpreted as granting any license or rights to utilize any trademark without the prior written permission of BGI.

VIOLATIONS

  1. Violations of system and network security of the Portal are prohibited and may result in criminal and civil liability. Examples of BGI system and BGI network security violations include the following:
    1. Any automated use of system.
    2. Use of software that allows your account to stay logged on while you are not actively using the account.
    3. Unauthorized access to or use of data hosted on the Portal, systems or networks, including any attempt to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.
  2. BGI may investigate incident involving such violations, any violations of this Terms and Conditions that may constitute or have the potential to constitute violations of law, and any activity by Members on network that constitute or may constitute violations of law. You understand that we may report any such activity to, and cooperate with, law enforcement, or other legal process.

PRIVACY POLICY

  1. This privacy policy discloses the privacy practices for (www.bidproc.com). BGI recognizes the importance of your privacy and treats personal information provided to us with respect and integrity.
  2. Collection using this Website: When you use this Portal, bidproc collects official information which you provide to us and information about how you use our Portal, for example by registering to our site. This information includes the name, phone number, email address etc. of you and your company.
  3. Online Payment: We may accept online payment by providing your credit card details as part of any of the Services. Credit card details are handled by a third party payment gateway (Bank Muscat) and BGI will never save your actual card details. For the avoidance of doubt, BGI will not in any circumstance be liable to you, or any loss or damage you may suffer from credit card fraud or identify theft.
  4. Online Privacy Policy Only: This online privacy policy applies only to data collected through our Website and not to information collected offline.
  5. Security: Our website uses Secure Sockets Layer (SSL) technology, which uses 256 bit encryption. Your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
  6. Third Party Links: bidproc's Website may contain links to other websites. However, once you have used these links to leave our site, BGI do not have any control over external websites. Therefore, BGI cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the Website in question.
  7. Payment & Credit Card Policy: If you use a credit card to place payment via our website, your details will be passed on to our credit card processor (third party) who will receive your credit card details for transaction.

TERMINATION OF REGISTRATION

  1. Your Registration will be revoked if you fail to abide by this Terms and Conditions. In such an event, you agree not to re-register as a Bidder/User of BGI network.
  2. BGI reserves the right to disable or terminate a Bidder's account without notice, if there is a period of extended inactivity.
  3. Bidders have the right to terminate this Registration on bidproc at any time.
  4. If your Registration is terminated or deactivated, your name and all information uploaded by you including any or all information available on your pages will be permanently deleted.

DAMAGES & INDEMNIFICATION

  1. You agree that you will be responsible for any violation of these Terms and Conditions. You further agree to indemnify and hold BGI and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this Terms and Conditions, or any breach of any representation made by you in this Terms and Conditions, or any violation of any law or the rights of a third party that occurs in connection with your use of the Service.

DISCLAIMER OF LIABILITY

  1. BGI shall have no liability in regard to any Services provided, or to be provided. All Users are independent contractors and not employees, partners or joint venture partners with BGI. BGI shall have no liability in regard to any benefits provided, or to be provided, by any Users.

GENERAL RELEASE

  1. Each Bidders, hereby forever releases, acquits and discharges BGI from any and all liabilities, claims, demands, actions and causes of action that such Bidders or such Bidder's legal representatives may have by reason if any monetary damage or personal injury sustained as a result of or during the use of any and all Services available thought BGI. The sole recourse available to a User, Subscription beneficiary of their legal representative shall be the cancellation of Subscription.

GOVERNING LAW

  1. This Terms and Conditions and the respective rights and obligations of the parties hereunder, shall be governed by, and constructed in accordance with the laws of Sultanate of Oman. Any dispute arising between the Users and BGI will be settled amicably between the parties, failure to reach an amicable settlement, the matter will be submitted to arbitration in accordance with the laws of Sultanate of Oman.
  2. You agree that, unless expressly waived by BGI, an action in different jurisdiction can be taken by BGI, the exclusive jurisdiction for any claim or action arising out of or relating to this Terms and Conditions.

POLICY REVISIONS

  1. In its constant attempt to improve the Services, BGI may need to change this Privacy Policy from time to time as well, but BGI will alert you to changes by placing a notice on www.bidproc.com. From time to time it may be necessary for BGI to review and revise all policies. BGI reserves the right to amend the policies at any time and to notify you by posting an updated version of the policy on its Website. You should periodically refer to the online document hosted on the Website.

YOUR CONSENT

  1. By using bidproc Website and Services, you consent to the Terms and Conditions of BGI.

CONTACT US

  1. If there are any questions regarding the Terms and Conditions of bidproc Website, you may contact BGI using the information below:

    Business Gateways International LLC
    Office14, Building 4
    Knowledge Oasis Muscat (KOM)
    Rusayl, Sultanate of Oman
    Contact Number : +968 2416 6100
    Fax : +968 2417 0045