Terms of Use

Supplier Registration Service

1. Introduction

1.1 These Terms of Use between the Crown Commercial Service (the Buyer) and you (the Supplier) govern the access and use of Supplier Registration Service (the System) by the Supplier's Users.

1.2 The aim of the System is to provide supplier organisation information which can then be accessed by UK Public Sector buyers (the Buyer Community) for the purposes of supply chain management.

1.3 The System enables the Supplier to complete and submit multiple questionnaires (known as SAQs) on a range of subjects including, but not limited to, sustainability, information security/assurance, SME supply chain spend, contracts, product and service standards as well as providing the Supplier with the ability to create an organisation Profile.

1.4 All members of the Buyer Community shall have access to a Supplier's submitted Profile. All other submitted SAQs shall only be visible to members of the Buyer Community that have an appropriate Licence to view the data and have an accepted Relationship with the Supplier.

1.5 The System also provides single sign on functionality for other government systems such as Contracts Finder and Find a Tender. The login details created by a Supplier or Buyer when they register on Supplier Registration Service will be used to access such other systems. Users of the Contracts Finder and Find a Tender services should note the Terms and conditions together with the Privacy Notices of these services.

1.6 The System is provided by NQC Ltd (NQC) and licensed to the Buyer. These Terms of Use (amongst other matters) govern access to and the use of the System by the Supplier's Users. The Supplier acknowledges that by a Supplier's User accessing the System, the Supplier agrees to be bound by these Terms of Use.

1.7 The Supplier shall only use the System to update their organisation information in accordance with these Terms of Use (as updated from time to time on the Supplier Registration Service website) and any additional terms notified via the System. In the event that there is any conflict between these Terms of Use and any such additional terms, then the provisions of such additional terms shall take precedence over these Terms of Use.

1.8 When an entity is both a Supplier and a member of the Buyer Community (for the purpose of managing its own suppliers) the relevant rights and obligations both as Supplier and as a member of the Buyer Community under these Terms of Use shall apply to it.

2. Access

2.1 The Buyer grants to the Supplier, free of charge, access to the System (via the Supplier's Users) for the purpose of providing organisational information about the Supplier which will be uploaded stored and retrieved from the System by the Buyer and members of the Buyer Community (and their respective Users), subject to these Terms of Use.

2.2 The level of access by a member of the Buyer Community (and its Users) to the System and the Supplier information contained in it may be varied from time to time by the Buyer and/or by NQC in accordance with arrangements entered into between them and that member.

2.3 The Buyer and/or NQC in their absolute discretion reserve the right to suspend or remove a Supplier's Users access to the System (and/or to block or remove access to some or all of the Supplier's details contained in it) without notice at any time.

2.4 NQC and the Buyer each separately reserve the right to suspend, change, vary, limit or remove a member of the Buyer Community's (and its Users') access to the System if any of the following events occur:

2.4.1 that member or its Users commit a material breach of any of its obligations under these Terms of Use; and

2.4.2 that fails to remedy, or persists in, any breach of any of its obligations under these Terms of Use after having been notified to remedy or desist such breach within a period of ten (10) Working Days

2.4.3 that member fails to pay any fee due in respect of its access to licensed SAQs or Datasets within the System

2.5 NQC and the Buyer each separately reserve the right to suspend access to the System to the Supplier or to any or all members of the Buyer Community without notice for technical or legal reasons at any time.

3. Registration

3.1 To be granted access to the System, the Supplier and each member of the Buyer Community must register each person which they wish to be a User by providing the required registration data.

3.2 Login and password are strictly personal to the User and non-transferable. The Supplier and each member of the Buyer Community shall each ensure that its Users do not divulge or disclose their password to third parties. In the event that the Supplier or the Buyer Community member or any of their Users become aware that a password may have been divulged, disclosed or discovered by any third party, they shall immediately notify the Buyer.

3.3 The Supplier and the Buyer Community member shall each designate one individual User from their organisation to manage access to the System by other Users (User Manager).

3.3.1 The first user on an organisation's account, will automatically be assigned by default, the role of 'User Manager' for the organisation.

3.3.2 The User Manager, will be responsible for the authorisation and acceptance of all new users to the organisation's account. The User Manager will be notified via the system of all new user accounts requiring approval or denial.

3.3.3 User Managers are encouraged to assign the role of additional User Manager, to another (or a number of other) users, to ensure the collaborative and prompt approval of new user accounts, and to provide adequate cover during periods of absence.

3.3.4 User Managers are responsible for the management of all of their organisation's user accounts. In the event that a registered user leaves your organisation, their account should be disabled within the system by a User Manager. Alternatively, NQC Ltd should be advised in writing, with confirmation that you wish for a user account to be disabled.

3.4 The Supplier and the Buyer Community member must immediately inform the Buyer in the event that a User leaves its employment or no longer requires access to the System. The Buyer retains the right to deactivate a User login and password if there has been no access for a period of ninety (90) days.

3.5 The registration details (login and password) created by the Supplier or Buyer will be used to enable access to other government systems such as Contracts Finder and Find a Tender.

4. Supplier's obligations

4.1 The Supplier shall ensure that it and all its Users comply with these Terms of Use (as updated from time to time on the Supplier Registration Service website) and any additional terms notified via the System. In the event that there is any conflict between these Terms of Use and any such additional terms, then the provisions of such additional terms shall take precedence over these Terms of Use.

4.2 The Supplier shall use all reasonable care and skill in performing its obligations under these Terms of Use.

4.3 The Supplier shall provide its Users with the equipment and software needed to access and use the System.

4.4 The Supplier shall use best endeavours to protect the System from viruses when being accessed and used by its Users.

4.5 The Supplier shall use the System for lawful and proper purposes only and shall, in any event, comply with all relevant laws, regulations and codes of practice within the UK or other jurisdiction from which its Users access the System.

4.6 In particular, the Supplier agrees that it (and will procure that its Users) will not:

4.6.1 manipulate any information supplied on the System in a manner that would lead to inaccurate, misleading or discriminating presentation of information being displayed;

4.6.2 post, transmit or disseminate any information on or via the System which is or may be harmful, obscene, defamatory or otherwise illegal;

4.6.3 use the System in a manner which causes or may cause an infringement of the rights of any other; and

4.6.4 use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the System, including uploading or making available files containing corrupt data or viruses via whatever means.

4.7 The Supplier agrees that its Users shall act as authorised agents for and on behalf of the Supplier in submitting and updating organisation information on the System.

4.8 The Supplier shall be responsible for any unauthorised, false or fraudulent information that is submitted using one of its Users login and password.

4.9 The Supplier represents and warrants that the information it provides under this Terms of Use will be as accurate and complete as possible and shall accurately represent the Supplier's capabilities. Where estimated or approximate data is provided by the Supplier as part of an SAQ within the System, the Supplier shall have the opportunity to explain the nature of the data provided as part of the data collection process.

5. Buyer and buyer community obligations

5.1 Each member of the Buyer Community shall procure that all its Users comply with these Terms of Use and that they each observe all the obligations concerning use of the System and information contained or derived from it set out in these Terms of Use.

5.2 Each member of the Buyer Community who obtains information about the Supplier from the System will keep all such information confidential, use such information only for the purposes envisaged by these Terms of Use, will not pass any such information to third parties except where such disclosure is required by law, and will destroy any copies (including electronic and hard copies) of the same as soon as the terms of its Licence do not extend to access to and use of the same.

5.3 Each member of the Buyer Community agrees not to adapt, alter or create a derivative work from any of the material contained in the System or use it for any other purpose other than supply chain management within the UK public sector.

5.4 Except as permitted above, each member of the Buyer Community undertakes not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the System without the prior written permission of the Buyer or in accordance with the Copyright, Designs and Patents Act 1988.

5.5 Each member of the Buyer Community undertakes to ensure that the Supplier is informed when the information the Supplier has provided on the System is to be used for purchase pre-qualification purposes, and to provide the opportunity for the Supplier to confirm and or update their Profile; and to ensure that the most up to date Profile from the Supplier is used.

6. Use of product or service categories

6.1 The Supplier may choose to identify Product or Service Categories in the Profile within the System. These are a means by which the Supplier can identify to the Buyer the categories that it is seeking to provide business in.

6.2 The Buyer and/or the members of the Buyer Community may use the Supplier's Product or Service Categories to identify suppliers that might have an interest in a particular requirement, and to alert them to any upcoming opportunities.

6.3 The Supplier acknowledges that the Buyer does not guarantee that the Supplier will be invited to each and every requirement related to a Supplier's Product or Service Categories. The Supplier acknowledges that they retain responsibility for checking official e-Notification services such as the Contracts Finder and Find a Tender service (and other such information sources, such as the Official Journal of the European Union as appropriate) and identifying upcoming opportunities of interest for themselves.

7. Intellectual property rights

7.1 All Intellectual Property Rights in the System are owned by, or are under licence to, the Buyer and/or NQC. This includes Dun & Bradstreet (D&B) D-U-N-S; Numbers and associated information.

7.2 The Supplier and its Supplier Users shall have no Intellectual Property Rights in the System, nor shall it have any rights to copy, adapt, modify or interfere with the System.

7.3 The System may include the Buyer's and/or NQC's logos and/or trade marks. The Supplier acknowledges that it may not copy or make other use of such logos and/or trade marks without prior consent.

8. Data protection

8.1 In its use and access of the System, the Supplier, each member of the Buyer Community and their Users shall comply with the Data Protection Legislation and all relevant regulations together with any codes of conduct and guidance issued by the Information Commissioner from time to time and they shall not do or cause or permit to be done anything which may cause or otherwise result in a breach by the Buyer or NQC of the same.

8.2 NQC Ltd, on behalf of the Buyer, will collect, hold and use personal data obtained from and about Users. The Supplier and each member of the Buyer Community shall procure the agreement of each relevant data subject to such data being collected, held and used in accordance with these Terms of Use, any relevant privacy policies and the Data Protection Legislation.

8.3 Where the Buyer or a member of the Buyer Community may be obliged to respond to a request for information or an apparent request for information under the Code of Practice on Access to Government Information, the Freedom of Information Act 2000, the Environmental Information Regulations 2004, or similar regulations, the Buyer shall be permitted to offer such assistance to and disclose such information to the relevant authorities as they advise the Buyer as is required from time to time.

8.4 All information provided by a User will be processed according to Supplier Registration Service's Privacy Policy, except where it conflicts with the specific provisions of these Terms of Use.

9. Limitation of liability

9.1 Nothing in these terms of Use shall be construed so as to exclude or limit liability for death or personal injury or for fraud or fraudulent misrepresentation or for any other liability which it would not be not lawful to so exclude or limit.

9.2 In no event shall the Buyer (or NQC) be liable to any Supplier, member of the Buyer Community or User for any loss or damages incurred by that person arising from the use of the System caused by:

9.2.1 An event of Force Majeure that affects the availability and/or performance of the System;

9.2.2 Incorrect use by Users of the System;

9.2.3 Connectivity failures in respect of the equipment used by the Users;

9.2.4 Breakdown of the System for a period of time not exceeding 30 Working Days;

9.2.5 Breach of these Terms of Use other than by Buyer (or NQC).

9.3 In no event shall the Buyer (or NQC) be liable to any Supplier, member of the Buyer Community or User for any indirect or consequential loss (including without limitation reputational, contingent and/or speculative losses of any kind).

9.4 In no event shall the Buyer (or NQC) be liable to any Supplier, member of the Buyer Community or User for any sum (in aggregate) greater than the greatest sum paid by such person to the Buyer and/or to NQC under the provisions of these Terms of Use in any 12 month period of use of the System (and in the event such sum is zero or otherwise less than 100 GBP then the maximum liability shall be 100 GBP).

9.5 The Supplier and each member of the Buyer Community acknowledge and accept that:

9.5.1 The Buyer and NQC reserve the right to interrupt and/or suspend the availability of the System and/or revoke access at any time without incurring any liability;

9.5.2 The Buyer and NQC provide the System on an 'as is' basis and 'as available' basis without any warranty of any kind;

9.5.3 The Buyer and NQC do not accept any liability for any information or links on the System that may refer Users to external sources.

9.6 The Supplier and each member of the Buyer Community each agree to indemnify the Buyer (and NQC) in full against all claims, demands, actions or proceedings (including legal and other professional advisers fees) made by any third party arising out of or in relation to breach of its obligations under these Terms of Use.

9.7 The Buyer does not warrant that the functions contained in the material held in the System will be uninterrupted or error free, that defects will be corrected, or that the System or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

10. Rights of third parties

10.1 These Terms of Use shall not create any rights that shall be enforceable by anyone other than the Buyer, relevant members of the Buyer's Community and the Supplier, except that terms 1.7, 2,4,5,8, 9, and 12.1 may be enforced directly by NQC Ltd.

11. Amendments to this agreement

11.1 The Supplier and each of the members of the Buyer Community acknowledge that the Buyer reserves the right to vary or amend this Agreement by publication of an updated version of these Terms of Use or notification or message on the System or through an email or letter to the Supplier, using the email address or postal address provided on their Profile.

11.2 The amendments shall be deemed to have been accepted unless the Buyer receives, within 7 days of the date of the publication or notice under Clause 11.1, a written communication from the relevant other party expressing refusal of the amendments and its intention to cease further use of the System within the following 30 days (in which case the contact between the Buyer and the other party shall terminate without further liability on either side upon such cessation (other than for breaches prior to the date of such termination)).

11.3 In any case, the other party's continued or recommenced use of the System after such a 30 day period shall represent its unconditional acceptance of the amendments in its entirety (notwithstanding any expressed refusal of the amendments and intention to withdraw).

12. Acceptable use policy

12.1 The Supplier and the Buyer Community agree to comply with the System's Acceptable Use Policy at all times and to indemnify the Buyer, NQC and any affected third parties in the event of their breach of the same.

13. General

13.1 The waiver by either party of any breach of these Terms of Use shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

13.2 If at any time any part of these Terms of Use is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms of Use and the validity and/or enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired as a result of that omission.

14. Law and jurisdiction

14.1 These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales to which the parties irrevocably submit.

15. Interpretations

15.1 The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of these Terms of Use.

15.2 Words imparting the singular shall include the plural and vice versa. Words imparting a gender include every gender and references to persons include an individual, company, corporation, firm or partnership.

15.3 The words and phrases "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.

15.4 References to any statute or statutory provision shall include (i) any subordinate legislation made under it, (ii) any provision which it has modified or re-enacted (whether with or without modification), and (iii) any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

15.5 All references in these Terms of Use to Clauses are to the clauses to these Terms of Use and references to Sections are to sections of these Terms of Use unless otherwise stated.

16. Definitions

'Buyer Community' means buyers within all UK Public Sector organisations.

'Confidential Information' means secret, confidential, commercial, financial, marketing, technical or other information, knowhow, trade secrets and other information in any form or medium whether disclosed orally or in writing before or after the date of these Terms of Use, together with any reproductions of such information in any form or medium or any parties of this information.

'Confidential' means that the information, either in its entirety or in the precise configuration or assembly of its components, is not publicly available.

'Dataset' means data imported into the System from external sources which can be accessed by the Buyer Community with the provision of a valid Licence.

'Data Protection Legislation' means:

i) all applicable Law about the processing of personal data and privacy; and

ii) The Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 including if applicable legally binding guidance and codes of practice issued by the Information Commissioner; and

iii) to the extent that it relates to processing of personal data and privacy, any Laws that come into force which amend, supersede or replace existing Laws including the General Data Protection Regulation, the (LED Law Enforcement Directive (Directive (EU) 2016/680) and any applicable national implementing Laws as amended from time to time including the DPA 2018.

'Force Majeure' means any cause affecting the performance by either the Buyer or NQC Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents or employees or the failure of either the Buyer or NQC Ltd to perform its obligations under these Terms of Use.

'Intellectual Property' means any patent, copyright, database right, moral right, design right (whether registered or unregistered), trade mark, service mark, domain name, know-how, utility model, unregistered design or, where relevant, any application for any such right, or other industrial or intellectual property right.

'Licence' provides a member of the Buying Community with the ability to view SAQs or Datasets within the System. Some SAQs or Datasets have fees associated with them.

'Product or Service Categories' shall mean those categories of goods and/or services which the Supplier has identified in the Supplier's profile in the System as being goods and/or services that Supplier would be interested in supplying.

'Profile' consists of basic information about a Supplier organisation including categories of products and service supplied, delivery locations, financials including accounts or statements of turnover, insurance certificates etc.

'Relationship' is formed between a member of the Buyer Community and Supplier to enable the member of the Buyer Community to view a Supplier's completed SAQs. The member of the Buyer Community must have a valid Licence to view the associated Supplier SAQ.

'SAQ' means Self Assessment Questionnaire and can be completed by the Supplier and shared with members of the Buyer Community when an accepted Relationship and a valid Licence is in place.

'Supplier' means an organisation that has indicated its acceptance to be bound by these Terms of Use.

'System' means the Supplier Registration Service System provided for Suppliers to share organisation details with UK Public Sector buyers.

'User' means an individual that has registered and been provided with access to the System either by the Supplier or by a member of the Buyer Community (as appropriate).

'Working Days' means 09:00-17:00 Monday to Friday in the United Kingdom and excluding Bank Holidays.

Contracts Finder and Find a Tender Services

Terms and conditions

This page, and any pages it links to, explains the Contracts Finder and Find a Tender service’s terms and conditions. You must agree to these to use the Contracts Finder and Find a Tender services.

1. Who we are

1.1 Contracts Finder and Find a Tender are managed by Crown Commercial Service (CCS) on behalf of the Crown. CCS is part of the Cabinet Office and will be referred to as ‘we’ from now on.

2. Using Contracts Finder and Find a Tender

2.1 You agree to use the Contracts Finder and Find a Tender services only for lawful purposes. You must also use it in a way that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by anyone else.

2.2 We update Contracts Finder and Find a Tender all the time. We can change or remove content at any time without notice.

3. Services and transactions

3.1 You can use Contracts Finder and Find a Tender as a Supplier to search for contract opportunities and as a Buyer to publish notices to the Contracts Finder and Find a Tender services.

3.2 These can be managed by CCS, Government Digital Service (GDS) or another government department or agency.

3.3 Some services have their own terms and conditions which also apply - read these before you use the service.

4. Linking to Contracts Finder and Find a Tender

4.1 We welcome and encourage other websites to link to Contracts Finder and Find a Tender.

4.2 You must contact us for permission if you want to either:

4.2.1 charge your website's users to click on a link to any page on Contracts Finder and Find a Tender

4.2.2 say your website is associated with or endorsed by Contracts Finder, Find a Tender or another government department or agency.

5. Linking from Contracts Finder and Find a Tender

5.1 Contracts Finder and Find a Tender links to websites that are managed by other government departments and agencies, service providers or other organisations. We do not have any control over the content on these websites.

5.2 We're not responsible for:

5.2.1 the protection of any information you give to these websites

5.2.2 any loss or damage that may come from your use of these websites, or any other websites they link to

5.3 You agree to release us from any claims or disputes that may come from using these websites.

5.4 You should read all terms and conditions, privacy policies and end user licences that relate to these websites before you use them.

6. Using Contracts Finder and Find a Tender content

6.1 Most content on Contracts Finder and Find a Tender is subject to Crown copyright protection and is published under the Open Government Licence (OGL).

6.2 Some content is exempt from the OGL - check the list of exemptions.

6.3 Departmental logos and crests are also exempt from the OGL, except when they form an integral part of a document or dataset.

6.4 If any content is not subject to Crown copyright protection or published under the OGL, we'll usually credit the author or copyright holder.

6.5 You can reproduce content published on Contracts Finder and Find a Tender under the OGL as long as you follow the licence's conditions.

6.6 Contact us if you want to reproduce a piece of content but are not sure if it's covered by Crown copyright or the OGL.

6.7 We make most of the content on Contracts Finder and Find a Tender available through feeds for other websites and applications to use. The websites and applications that use our feeds are not our products, and they might use versions of our content that have been edited and stored for later use (‘cached').

6.8 We do not give any guarantees, conditions or warranties about the accuracy or completeness of any content used by these products. We're not liable for any loss or damage that may come from your use of these products.

6.9 The most up to date version of our content will always be on Contracts Finder and Find a Tender.

7. Acceptable Use

7.1 This section describes prohibited uses of the web services we offer and the websites located at https://www.contractsfinder.service.gov.uk and https://www.find-tender.service.gov.uk (the “Contracts Finder or Find a Tender Site”). The examples described here are not exhaustive.

7.2 The Contracts Finder and Find a Tender websites are OFFICIAL services provided to enable Users to engage with the HMG Procurement process. Provision of access to the Service is subject to business need.

8. No Illegal, Harmful, or Offensive Use or Content

8.1 You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

8.1.1 Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.

8.1.2 Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.

8.1.3 Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.

8.1.4 Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

9. No Security Violations

9.1 You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

9.1.1 Unauthorized Access, Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.

9.1.2 Interception, Monitoring of data or traffic, other than for approved business use, on the service without permission.

9.1.3 Falsification of Origin, Forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

10. No Network Abuse

10.1 You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

10.1.1 Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

10.1.2 Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

10.1.3 Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

10.1.4 Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

10.1.5 Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

11. Our Monitoring and Enforcement

11.1 We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services. We may:

11.1.1 investigate violations of this Policy or misuse of the Services; or

11.1.2 remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services.

11.2 We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

12. Reporting of Violations of this Policy

12.1 If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please follow our abuse reporting procedure

13. Service Consumer Responsibility

13.1 By consuming the service you agree to take all necessary precautions to assure the integrity of any data accessed, including protection against malware and malicious code. It is your responsibility to investigate and resolve any issues arising from errors or warnings returned arising from data being consumed from Contracts Finder and/or Find a Tender service when you download published material.

13.2 By consuming the service you are consenting to Crown Commercial Service recording details of any service access requests/downloads and the associated meta-data with any connectivity.

14. Disclaimer

14.1 While we make every effort to keep Contracts Finder and Find a Tender up to date, we do not provide any guarantees, conditions or warranties that the information will be:

14.1.1 Current

14.1.2 Secure

14.1.3 Accurate

14.1.4 Complete

14.1.5 Free from bugs or viruses

14.2 We do not publish advice on Contracts Finder and Find a Tender. You should get professional or specialist advice before doing anything on the basis of the content.

14.3 We're not liable for any loss or damage that may come from using Contracts Finder and Find a Tender. This includes:

14.3.1 any direct, indirect or consequential losses

14.3.2 any loss or damage caused by civil wrongs (‘tort', including negligence), breach of contract or otherwise

14.3.3 the use of Contracts Finder and Find a Tender and any websites that are linked to or from it

14.3.4 the inability to use Contracts Finder and Find a Tender and any websites that are linked to or from it

14.3.5 This applies if the loss or damage was foreseeable, arose in the normal course of things or

14.3.6 you advised us that it might happen.

14.4 This includes (but is not limited to) the loss of your:

14.4.1 income or revenue

14.4.2 salary, benefits or other payments

14.4.3 business

14.4.4 profits or contracts

14.4.5 Opportunity

14.4.6 anticipated savings

14.4.7 Data

14.4.8 goodwill or reputation

14.4.9 tangible property

14.4.10 intangible property, including loss, corruption or damage to data or any computer system

14.4.11 wasted management or office time

14.5 We may still be liable for:

14.5.1 death or personal injury arising from our negligence

14.5.2 fraudulent misrepresentation

14.5.3 any other liability which cannot be excluded or limited under applicable law

15. Requests to remove content

15.1 You can ask for content to be removed from Contracts Finder and Find a Tender. We'll remove content:

15.1.1 in order to comply with data protection legislation covering the rights and freedoms of individuals

15.1.2 if it breaches copyright laws, contains sensitive personal data or material that may be considered obscene or defamatory

15.2 Contact us to ask for content to be removed. You'll need to send us the web address (URL) of the content and explain why you think it should be removed. We'll reply to let you know whether we'll remove it.

15.3 We remove content at our discretion in discussion with the department or agency responsible for it. You can still request information under the Freedom of Information Act and the Data Protection Act.

16. Information about you and your visits to Contracts Finder and Find a Tender

16.1 We collect information about you in accordance with our privacy policy and our cookie policies for Contracts Finder and Find a Tender, you agree to us collecting this information and confirm that any data you provide is accurate.

17. Virus protection

17.1 We make every effort to check and test Contracts Finder and Find a Tender for viruses at every stage of production. You must make sure that the way you use Contracts Finder and Find a Tender does not expose you to the risk of viruses, malicious computer code or other forms of interference which can damage your computer system.

17.2 We're not responsible for any loss, disruption or damage to your data or computer system that might happen when you use Contracts Finder and Find a Tender.

18. Viruses, hacking and other offences

18.1 When using Contracts Finder and Find a Tender, you must not introduce viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful.

18.2 You must not try to gain unauthorised access to Contracts Finder and Find a Tender, the server on which it's stored or any server, computer or database connected to it.

18.3 You must not attack Contracts Finder and Find a Tender in any way. This includes denial-of-service attacks.

18.4 We'll report any attacks or attempts to gain unauthorised access to Contracts Finder and Find a Tender to the relevant law enforcement authorities and share information about you with them.

19. Governing law

19.1 These terms and conditions are governed by and construed in accordance with the laws of England and Wales.

19.2 Any dispute you have which relates to these terms and conditions, or your use of Contracts Finder and Find a Tender (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

20. General

20.1 There may be legal notices elsewhere on Contracts Finder and Find a Tender that relate to how you use the site.

20.2 We're not liable if we fail to comply with these terms and conditions because of circumstances beyond our reasonable control.

20.3 We might decide not to exercise or enforce any right available to us under these terms and conditions. We can always decide to exercise or enforce that right at a later date.

20.4 Doing this once will not mean we automatically waive the right on any other occasion.

20.5 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will still apply.

21. Changes to these terms and conditions

21.1 Please check these terms and conditions regularly. We can update them at any time without notice.

21.2 You'll agree to any changes if you continue to use Contracts Finder and Find a Tender after the terms and conditions have been updated.

21.3 Last updated 20 September 2019