BIA Business Terms and Conditions
1.1 These Terms and Conditions govern your access to and use of the BIA Business System (“BIA Business”) which the Braxton Group (“BRAXTON”) operates from the URL [www.Braxton-ia.com]. By viewing and/or registering to use BIA Business, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, you may not use BIA Business. If you are registering as or on behalf of an entity, you represent that you have the authority to bind that entity to these Terms and Conditions.
1.2 BIA Business gives access to websites hosted or operated by or on behalf of entities other than the BRAXTON. These Terms and Conditions are not displaced or subordinated in any circumstances in which they are or could be applicable, and they apply in favour of the BRAXTON in respect of your access to and/or use of such other websites, irrespective of the terms and conditions of those websites (which may also bind you).
1.3 For the purposes of these Terms and Conditions and in operating BIA Business, the BRAXTON is acting on behalf of or in conjunction with other Braxton companies and third party companies.
2.1 In these Terms and Conditions the following expressions have the following meanings:
“Buying Organisation” means any entity or person that uses BIA Business to advertise the Opportunities;
“BIA Business” means the electronic brokerage service provided by the BRAXTON for use by Buying Organisations and Suppliers in order to match the needs of Buying Organisations to Suppliers who can potentially meet those needs;
“Designated Third Parties” means an Interested Third Party who is not acting as a Buying Organisation
“Business Opportunity” means a contract opportunity which is related (in whole or in part) to supporting the Business and the Legacy Masterplan Framework. Business Opportunities include, without limitation, those contracts let directly by (i) ODA and LOCOG, (ii) organisations which have a direct contractual relationship with the ODA or LOCOG in relation to delivery of the Business and the Legacy Masterplan Framework (“Contractors”) and (iii) members of Contractors’ respective supply chains;
“Braxton´s businesses and other companies” means the group comprising the BRAXTON, other Braxton businesses and third party companies;
“Interested Third Parties” means the Braxton´s businesses and other companies or any member thereof, and/or a Business Support Unit of Braxton
“Legacy Masterplan Framework” means developing a legacy for the Business through regeneration and the delivery of sustainable legacy communities. The Legacy Masterplan Framework is intended to be embodied in a document to be produced by the BRAXTON and/or the ODA in advance of the Business;
“Opportunities” means a contract opportunity available in London which is related (in whole or part) to any public or private sector organisation and their supply chain and includes a Business Opportunity;
Supplier” means a supplier who responds to an Opportunity using BIA Business;
“Website” means the website at www.BIA Business.com;
“you” means users of the Website, including without limitation the Buying Organisations and/or Suppliers who have registered to use BIA Business and accepted these Terms and Conditions, and “your” shall be construed accordingly.
3 COPYRIGHT STATEMENT
3.1 The contents of this Website (including all website designs, text, graphics, the selection and arrangement thereof and all software compilations, underlying source code, software and all other material) are copyright of the BRAXTON or its content and technology providers except insofar as individually stated on particular materials or items.
3.2 You may view the Website and, unless specified otherwise, may download any part of it to a personal computer (or other device which is capable of accessing the Internet) for the purpose of using BIA Business only, but you are not permitted without our permission:
(a) to store it or any part of it other than for the purposes set out in this section 3.2;
(b) to print out copies except:
(i) in connection with your use of BIA Business;
(ii) for your own viewing;
(iii) for private purposes; or
(iv) for the purposes of your business (other than re-publishing such material for commercial purposes); or
(c) except in connection with BIA Business, to reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium. You are also not entitled to alter the content, other than your profile or the Opportunity, in any way.
4 USE OF THE WEBSITE
4.1 The BRAXTON provides you with access to and use of the Website. The Website may not be used by temporarily or indefinitely suspended users of BIA Business.
4.2 You may not use the Website:
(a) in any way that breaches any applicable local, national or international law;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to post or transmit any threatening, libellous, defamatory, inflammatory, obscene, pornographic, or discriminatory material or any other material that would infringe any intellectual property rights or any other rights of any third party; and
(d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.3 The BRAXTON reserves the right to refuse access to the Website and remove content at its discretion without notice. The BRAXTON will not be liable if for any reason the Website is unavailable at any time or for any period.
4.4 The Website may contain links to third party websites. You acknowledge and agree that the BRAXTON is not responsible or liable for the content of, availability of, or services provided by, such third party sites.
5 USE OF BIA BUSINESS
5.1 This section 5 relates only to Buying Organisations and Suppliers who have registered to use BIA Business.
5.2 Buying Organisations can register on BIA Business to seek Suppliers for the Opportunities. Suppliers can register on BIA Business to respond to the Opportunities. BIA Business will match potential Suppliers to the Opportunities based on information contained in the Suppliers’ profile and the answers given to evaluation questions asked by the Buying Organisations.
5.3 You represent and warrant that your access to and use of BIA Business is exclusively for legitimate business purposes and that the information you submit when using BIA Business is about an Opportunity and is accurate, complete and current. The BRAXTON reserves the right at its absolute discretion to remove an Opportunity from the Website and to suspend your use of BIA Business if, in its opinion, you are in breach of this term.
5.4 Buying Organisations may use BIA Business in relation to the Opportunities only. Contracts identified by the BRAXTON at its absolute discretion as opportunities other than the Opportunities may be removed from BIA Business without warning.
5.5 BIA Business serves purely as a brokerage service to facilitate, but not to ensure, the matching of Buying Organisations and Suppliers for the Opportunities. The BRAXTON and Interested Third Parties accept no responsibility and exclude all liability to Suppliers and to Buying Organisations in the event that BIA Business fails to match Suppliers to Buying Organisations. Nor is liability accepted if an Opportunity is withdrawn, amended or terminated at any time, including if the relevant Buying Organisation is the BRAXTON or an Interested Third Party.
5.6 You acknowledge and agree that the BRAXTON and Interested Third Parties can and do only make limited, if any, enquiries of users of BIA Business, including Buying Organisations and Suppliers, and cannot verify that every contract opportunity registered by Buying Organisations is in fact an Opportunity. You are responsible for making your own enquiries of the relevant user and using your own judgement before offering or responding to an Opportunity.
5.7 You acknowledge that neither the BRAXTON, nor the Interested Third Parties, independently verify the content that is submitted to BIA Business by Buying Organisations and Suppliers. The BRAXTON and Interested Third Parties expressly disclaim making any representations or giving any warranties in relation to the content that the Buying Organisations and Suppliers submit to BIA Business and accept no responsibility and exclude all liability in connection with such content and any reliance that Buying Organisations and Suppliers may place upon such content. Neither the BRAXTON, nor the Interested Third Parties, recommend endorse or otherwise support any Buying Organisation or Supplier or any offer of or response to an Opportunity.
5.8 You acknowledge and agree that any transaction entered into by a Buying Organisation and a Supplier as a result of using BIA Business will be a contract between the Buying Organisation and the Supplier, and the BRAXTON will have no liability in respect of or arising out of or in connection with such contract unless the BRAXTON is the applicable Buying Organisation.
5.9 If you are a Buying Organisation, you:
(a) agree that you will use BIA Business in order to advertise the Opportunities only;
(b) agree, when completing or updating the information and any images relating to the Opportunity, to comply with the guidance or rules regarding the content of such information and images given on the Website;
(c) agree that you will comply with all applicable laws and regulations and, in particular, with any relevant procurement rules (including the Public Contracts Regulations 2006) and competition laws when using BIA Business;
(d) agree to keep information provided to you through BIA Business in relation to Suppliers confidential and not share it with any third party;
(e) agree that, at the end of the procurement process for the Opportunities, you will:
(i) provide the BRAXTON with an update on the outcome of the tender process;
(ii) cooperate with the BRAXTON in the evaluation of the tender process;
(iii) provide feedback to Suppliers; and
(f) acknowledge that, in using BIA Business, you are not, subject to the provisions of clauses 14.2 to 14.4 below, restricted or discouraged from advertising the Opportunities via other means.
5.10 If you are a Supplier you:
(a) acknowledge that a Buying Organisation is under no obligation to select a Supplier from the shortlist provided through BIA Business, and may, subject to the provisions of clauses 14.2 to 14.4 below, advertise the Opportunities via other means, and that the BRAXTON excludes all liability for any Opportunity or other opportunity which the Supplier does not obtain;
(b) agree, when completing or updating the information and any images in your profile, to comply with the guidance or rules regarding the content of such information and images given on the Website; and
(c) agree to ensure that your profile remains accurate by updating it without delay in respect of any material change. Failure to comply with this term may result in the BRAXTON suspending your use of BIA Business.
5.11 The BRAXTON reserves the right to suspend your use of or registration with BIA Business at its discretion and without liability, and/or where relevant to seek compensation for any loss caused, including in the event that:
(a) you are in breach of your obligations under these Terms and Conditions; or
(b) you cease to use BIA Business for a period of 6 months.
5.12 If you are a Buying Organisation or a Supplier, there is no charge for your use of BIA Business for the Opportunities in accordance with these Terms and Conditions. The BRAXTON reserves the right, following notification to you by a notice on this Website or otherwise, to introduce a charge for BIA Business in the future. You will not be charged without having an opportunity to withdraw.
6 ACCESS TO BIA BUSINESS
6.1 The BRAXTON grants you a revocable, non–exclusive, non–transferable licence to access and use BIA Business subject to your continuous compliance with these Terms and Conditions.
6.2 The licence referred to in section 6.1 above does not allow you to:
(a) collect and use substantial parts of the Website or databases for the commercial purpose of sharing with third parties;
(b) use the Website in conjunction with data extraction and data gathering tools; or
(c) create and/or publish a database that contains substantial portions of the Website, or the contents of the Website, without the BRAXTON’s prior written consent.
6.3 You are responsible for making all arrangements necessary for you to have access to BIA Business. You are also responsible for ensuring that all persons who access BIA Business through your internet connection are aware of these Terms and Conditions and that they comply with them.
6.4 The BRAXTON reserves the right to refuse access to BIA Business and remove content at its discretion without notice. The BRAXTON will not be liable if for any reason BIA Business is unavailable at any time or for any period.
7.1 You will need a User ID and password in order to access and use BIA Business. When you choose a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions or for any other reason at our discretion.
8.1 All of the content featured or displayed on the Website (other than content which you submit) including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software are owned by and/or subject to intellectual property rights of the BRAXTON, its licensors and/or other content providers, unless otherwise stated. You acknowledge that the BRAXTON, its licensors and other content providers own and/or hold intellectual property rights in such content.
8.2 You represent and warrant that you own (or have the relevant rights to) the content that you submit to BIA Business and that such content is up–to–date, accurate and not misleading in any way and that the use of the content does not breach any law or the rights of any third parties.
8.3 If any of the content that you submit to BIA Business ceases to be accurate, you agree to inform us of this inaccuracy immediately and to take all reasonable measures to correct such information or, if this is not possible, to remove it from the Website as soon as reasonably practicable.
8.4 Permission is granted to electronically copy and to print hard copy portions of this Website for the purpose of using BIA Business only. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of the BRAXTON is strictly prohibited.
8.5 The BRAXTON makes no representation or warranty that the information accessible via BIA Business is accurate, complete or current.
8.6 Except where specifically stated otherwise on the Website, any material, information or any other communication you transmit or post when accessing and using BIA Business (other than your personal information) will be visible to other registered users of BIA Business and will be considered non-confidential and the BRAXTON will have no liability for it or for the use to which it may be put.
8.7 The BRAXTON and the Designated Third Parties have the right to copy, disclose, distribute and use the content uploaded to the Website by you for the purposes set out in these Terms and Conditions and for statistical analysis, diversity profiling and targeting business support and resource.
8.8 You have the right and ability at your sole discretion to remove any content that you may upload to the Website when using BIA Business.