1.1. The definitions and rules of interpretation in this clause apply in these Terms and Conditions:
Additional Terms – The additional terms and conditions (if any) agreed to by the Licensor and Licensee as set out or referred to in the Order Form including any addendum thereto.
Affiliate – Each and any person or organisation attached to the Licensor.
Agreement – The agreement between the Licensor and the Licensee, such agreement being embodied in the Order Form, these Terms and Conditions and any Additional Terms.
Authorised Use – Use of the Service in accordance with the Agreement.
Intellectual Property Rights – All copyright, database rights, patents, trade marks, service marks, and all other intellectual property rights whether registered or unregistered and all applications and rights to apply for the registration of any of the rights above and all other forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
Licensee – The organisation, firm, company or other entity to whom the license in respect of the Service is granted by the Licensor under the terms of this Agreement and whose details are set out on the Order Form.
Licensor – BiP Solutions Ltd of Medius, 60 Pacific Quay, Glasgow, G51 1DZ.
Order Form – The order form for the Service identifying the Licensee
Service – The software / computer programmes described in clause 4 and those listed in the Order Form and all Updates during the Term, any data, text, information and software or other material and all accompanying written materials provided to the Licensee under this Agreement by any means whatsoever, including without limitation any digital or physical media.)
License Period – A twelve month period commencing on activation of the Licensee’s User account.
You / Your – The person signing up to and agreeing to these Terms and Conditions on behalf of and representing the Licensee, and therefore by association is interchangeable with “Licensee”.
User(s) – The person or persons specifically identified to BiP as the named User of the Service on behalf of the Licensee.
1.2. Clause headings shall not affect the interpretation of this Agreement.
1.3. Words in the singular shall include the plural and vice versa.
1.4. Any obligation in this Agreement to not do something includes an undertaking not to permit that thing to be done.
1.5. These Terms and Conditions shall take precedence over any terms or conditions that the Licensee purports to apply in conflict with these Terms and Conditions herein, whether the Licensee’s terms are contained in Licensee’s purchase orders, supplier agreements, or otherwise.
2. SERVICE LICENCE
2.1. This Agreement constitutes a legal contract between the organisation (Licensee), as identified on the Order Form, and the Licensor (hereinafter ‘BiP’) that governs the Licensee’s use of BiP’s Market Analytics service available at https://dashboards.bipsolutions.co.uk/
2.2. Upon commencement of a License, BiP as Licensor grants the Licensee the right to have one named User (identified by an email address that specifically identifies the User) unless the License explicitly allows multiple Users for the Licensee’s organisation.
2.3. By agreeing to this License, You confirm that You have authority to enter into this Agreement on behalf of the Licensee. Should BiP Solutions suspect that such information is untrue, inaccurate, not current or incomplete, it has the right to suspend or terminate a Licensed User’s usage of the Service.
2.4. Licenses cannot be shared or used by more than one User (see Clause 7.4). Licensed Users may be transferable at the express agreement of BiP.
2.5. As You represent the Licensee, You should read these terms carefully. By using the Service the Licensee agrees to be bound by the Terms and Conditions of this Licence. If the Terms and Conditions of this Licence are not accepted in full, the Licensee is not authorised to use the Service.
2.6. The Licensee may not use, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Service, except as permitted hereunder or to the extent such acts may not be prohibited by law in the country of use or create derivative works based on the Service. All rights not expressly granted are reserved by BiP.
2.7. If the Licensee does not agree to or cannot comply with these terms, the Licensee must stop using the Service and, if applicable, cancel the License.
3. THE SERVICE
3.1. The Service, also known as Cadence Market Analytics Platform, is an online data and analytics service that provides marketeers information based on public sector contracts that supports effective sales & marketing planning and decision making and constitutes an online portal where, subject to License, the Licensee will get access to a variety of online business intelligence tools, data and resources relating to tender, contract and award notices.
4. TERMS OF BUSINESS
4.1. Should You fail to make payment within 30 days of the License start, BiP reserve the right to suspend the service until payment of the undisputed amount is made. This does not remove the entitlement for BiP to pursue for the full balance due. The period of suspension of service will not be added to the License term or refunded.
5.1. Licenses will be terminated at the end of the License period unless You explicitly agree to a further License Period through an Order Form.
5.2. All requests to cancel must be confirmed in writing via email to firstname.lastname@example.org before they can be processed.
5.3. Cancellations will only be effective from the end of the License period. The Licensee will continue to receive the service(s) for the remainder of that current License Period.
5.4. Where full payment of the current License has been received, no refunds will be due or given. Where full payment of the current License Period has not been received, any outstanding fees will become payable. Any discounts previously given for that year will only be applicable provided the License Fee invoiced is paid within 30 calendar days from date of invoice.
6. FAIR AND ACCEPTABLE USE POLICY
6.1. BiP’s fair and acceptable usage policy is designed to make sure the Services provided to You deliver value, are fast and reliable. The list under 6.2 details all the uses of the Services that BiP consider to be unfair or unacceptable. You must ensure that any use of the Services, by You complies with this policy. If You contravene this policy BIP may (a) give You notice to stop the unacceptable use(s), or (b) terminate or suspend Your Services with or without notice as we consider appropriate under this agreement.
6.2. You shall not use the Services for:
6.2.1. Unlawful, fraudulent, criminal or otherwise illegal activities.
6.2.2. a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person.
6.2.3. Knowingly or negligently creating, transmitting, storing, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar Malicious Code, scripts or similar software programs or instructions) which will or are designed, known or likely to delete, interrupt, damage, destroy, change, modify or limit the functionality of any computer software, hardware, telecommunications equipment or data or data files owned by BiP or any other User of or customer of BiP using the Service.
6.2.4. Anything that may disrupt or interfere with BiP’s network or Service or cause a host or the network to crash.
6.2.5. Launching “denial of service” attacks; “mail bombing” attacks or “flooding” attacks against a host or network.
6.2.6. Granting access to the Services to others who are not authorised Users, or in any way reselling or re-providing the Services to third parties.
6.2.7. Circumventing the user authentication or security process of the host or network.
6.3. You are responsible for all uses made of the Services through Your account and for any breach of this policy whether an unacceptable use occurs or is attempted, whether You knew or should have known about it, whether or not You carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that BiP is not responsible for any of Your activities in using the Services.
7. LICENSEE’S USE OF BIP WEBSITES AND WEB-BASED ELEMENTS OF THE SERVICE
7.1. The Licensee may not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any BiP websites, the Service or any materials or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. BiP reserves the right to bar any such activity, including via software and other electronic means.
7.2. The Licensee may not attempt to gain unauthorised access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any BiP server, or to any of the services offered on or through any BiP websites, by hacking, password ‘mining’ or any other illegitimate means.
7.3. The Licensee may not probe, scan or test the vulnerability of any BiP websites, and/or the Service or any connected network, nor breach any of BiP’s security or authentication measures. The Licensee may not reverse look-up, trace or seek to trace any information on any other User of or visitor to any BiP website or the Service, or exploit the Service or any services or information made available or offered by or through BiP’s websites, in any way where the purpose is to reveal any third party information. The Licensee agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
7.4. The Licensee agrees to notify BiP immediately of any known or suspected unauthorised use of the password and/or License, including loss, theft, or unauthorised disclosure of Your password(s). You are responsible for maintaining the confidentiality of Your password. BiP shall not be responsible for any losses arising out of the unauthorised use of the User’s username, password or account and the Licensee agrees to indemnify and hold harmless BiP for any improper, unauthorised or illegal uses of the same.
7.5. Under no circumstances shall BiP , nor its affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Service or any linked site, even if BiP are advised of the possibility thereof, nor for any claim by a third party except in the case of death or personal injury caused by BiP’s negligence.
7.6. The Licensee shall not resell, share outside of the Licensee’s organisation, or otherwise exploit the information provided in the service.
7.7. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use thereof is strictly prohibited. BiP shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. BiP expressly disclaims all warranties, expressed or implied, as to the accuracy of any the content provided, or as to the fitness of the information for any purpose.
8. LINKS TO THIRD PARTY SITES
8.1. The Service may present links to third party websites not owned or operated by BiP. BiP does not endorse nor is responsible for the availability of these sites or their content. The Licensee agrees that BiP is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Licensee’s use of or reliance on any content of any such site or goods or services available through any such site.
8.2. The information in the Service is public domain information and has not been independently authenticated in whole or in part by BiP .
8.3. The original (or source) data provided within the Service is created and published by third parties (e.g. local authorities or central government departments). BiP is not responsible for any omissions or inaccuracies in the original or source data, and will not be held liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) that arise from its use. Any questions regarding the accuracy or completeness of the original or source data should be directed to the originators of such materials.
9. CONSEQUENCES OF BREACH OF THESE TERMS
9.1. In the event that BiP considers or determines, in their discretion, that the Licensee has breached, violated or contravened any provision of this Agreement or have otherwise demonstrated inappropriate conduct in the use of the Service, BiP reserves the absolute right, at its sole discretion to:
9.1.1. Warn the Licensee of the License violation and ask the Licensee to discontinue such conduct. and/or
9.1.2. Discontinue the Licensee’s access to the Service and/or any other related services, including paid-for content/features, and/or
9.1.3. Take measures (including terminating, suspending or restricting the User’s use of the Service) to prevent the Licensee from using the Service or linking to or accessing the website, and/or
9.1.4. Terminate this Licence with immediate effect.
9.2. If BiP terminates this Agreement or suspends the Licensee’s User account(s) for any of the reasons set forth in this Agreement, BiP shall have no liability or responsibility to the Licensee, and BiP will not refund any amounts that the Licensee has previously paid.
10. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
10.1. If BiP receives a notice alleging that the Licensee has engaged in behaviour that infringes BiP’s or any other party’s intellectual property rights, or reasonably suspects the same, BiP may suspend or terminate the Licensee’s account without notice. If BiP suspends or terminates the Licensee’s account under this paragraph, it shall have no liability or responsibility to the Licensee, including for any amounts that the Licensee has previously paid.
10.2. The Licensee shall have no liability or responsibility for any claim that arises in respect of an infringement by BiP against a third party’s intellectual property rights.
10.3. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of BiP and/or its affiliates. The Licensee must not misrepresent any of these marks
11. MODIFICATIONS TO SERVICE
11.1. BiP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to the Licensee, without any liability to the Licensee or to any third party. Should BIP permanently discontinue the service a pro-rata credit for the value of the service will be provided.
12. LIMITED WARRANTY
12.1. BiP will use reasonable endeavours to make the Service available 24 hours a day during the Licensee’s Subscription period. However, BiP will not be liable if for any reason the Service is not available at any particular time or for any reasonable period.
12.2. BiP’s entire liability and the Licensee’s exclusive remedy in the event that a valid claim is made by the Licensee to BiP within the terms of the aforesaid warranty shall be, at BiP’s option, the repair, reinstatement or replacement of the Service within a reasonable time.
12.3. If any provision of this Licence is judged to be illegal or unenforceable by a court of competent jurisdiction, the remainder of the provisions of the Licence shall continue in full force and effect.
13. NO OTHER WARRANTIES
13.1. BiP and its licensors disclaim all other conditions or warranties express or implied, statutory or otherwise which are hereby expressly excluded to the extent permitted by law. For the avoidance of doubt, neither BiP nor its licensors warrant the quality or accuracy of any information or documentation resulting from or transmitted using the Service. There is no warranty by BiP or any other party or person that the functions contained in the Service will meet the Licensee’s requirement or that the operation of the Service will be uninterrupted or error free. The Licensee assumes all responsibility for the selection of the Service to achieve the Licensee’s intended results, and for the use and results obtained from it.
14. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
14.1. Neither BiP nor its licensors shall be liable for any indirect, special or consequential loss, loss of profits, loss of revenue, loss of business, loss of use, loss of contracts, loss of anticipated savings or for any indirect economic or financial loss whatsoever and howsoever suffered, even if BiP has been advised of the possibility of such damages.
14.2. Nothing in this Licence shall exclude or limit BiP’s liability for death or personal injury or any other liability that cannot be lawfully excluded under any applicable law.
15. FORCE MAJEURE
15.1. BiP will not be liable for any delay in performing or failure to perform its obligations under this Licence due to any cause outside BiP’s reasonable control. Such delay or failure shall not constitute a breach of this Licence and the time for performance of the affected obligation shall be extended by such period as is reasonable.
16. PRIVACY AND COOKIES
17. LAW AND JURISDICTION
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and any disputes shall be subject to the jurisdiction of the courts of Scotland, unless otherwise submitted by BiP Solutions Ltd.
Market Analytics Terms and Conditions version 11.2 – effective from 19 September 2022
Important Information: This service will be temporarily unavailable on Saturday 20th May between 12-4pm as we perform scheduled maintenance. We apologise for any inconvenience caused.