In these User Terms (Terms) the following definitions shall apply:
“Buyer” shall mean (where applicable) the party listed on the Platform as being interested in purchasing the products or services of a supplier or is otherwise interested in sending and receiving information.
“Supplier", shall mean the company registered as the Supplier through the account opening process.
“Supplier User” shall mean any employee or agent of the Supplier who is duly authorised by the Supplier to represent them on this platform.
“User” means a Supplier User or an additional user of the Buyer (as the case may be)
Use of this platform is subject to these Terms and any special terms appended. These Terms bind the Supplier and each Supplier User. If you are an additional user of the Buyer, only clauses 1, 2 and 6 below apply. You are advised to contact your manager should you wish to view a full copy of the contractual terms and which govern your use of this platform.
2.1 Each User will be required to register to open an account prior to gaining access to the Platform.
2.2 A User shall ensure that they keep all account details safe and secure at all times. If Vendigital reasonably believes account security to have been compromised, or that there has been any use in breach of these Terms, it may disable the relevant user account.
3.1 The Supplier and each Supplier User warrants:
(a) That all content generated by it and otherwise uploaded to the Platform shall be complete and materially accurate in all respects;
(b) That it shall not upload to the Platform any content that might reasonably be considered to be racist, sexist, defamatory or in any way in breach of any applicable law;
(c) That it shall not (or permit any third party to) copy, adapt, reverse engineer, decompile, dissemble, modify, or attempt to otherwise make any change to the Platform or otherwise carry otherwise carry out act that might interfere with the performance of the Platform;
(d) That your systems are free from viruses or malware.
4.1 With the exception of third party software incorporated into the Platform, Vendigital shall at all times be the exclusive owner of the Platform and all software in the Platform. This shall include ownership in all copies, enhancements and modifications and all authorship works created by Vendigital and all other intellectual rights, copyright and trade secrets, but excluding rights in data created or stored by the Supplier (or content created by the Buyer).
6.1 The Supplier and each Supplier User acknowledges and agrees that any information uploaded to the Platform by a Buyer is commercially sensitive and confidential (Confidential Information). The Supplier shall procure that each User keeps such information confidential and that it is only shared within the Supplier to its employees, officers and advisers as may be reasonably commercially necessary.
6.2 The Supplier (or any User) shall not be required to treat any information as Confidential Information where:
6.3 It is in the public domain (save as a result of the Suppliers breach of these Terms)
6.4 Is required to be disclosed by any law or a court of competent jurisdiction.
7.1 Vendigital shall have no liability or responsibility to you for any internet connectivity to the Platform.
7.2 Vendigital does not warrant that the use of the platform will be uninterrupted or error free.
8.1 Vendigital’s total aggregated liability to the Supplier arising out of the Suppliers use of the Platform or otherwise shall be limited to the value of the fee (if any) paid by the Supplier for access to the Platform.
8.2 In no event shall Vendigital be liable for indirect, special or consequential damages or losses incurred on the part of the Supplier nor for any loss of revenue, profits, data or anticipated savings, even if such party has been advised of the possibility or likelihood of such damages.
Appendix - QuickQuote Special Terms
“Project” shall mean the invitation for offers set out on the Quickquote platform for the attention of one or more prospective suppliers.
A “Buyer” is a party who publishes a tender for goods or services on the platform.
A “Supplier” is a party who submits a response to the information posted by the Buyer.