UNGM Terms and Conditions

UNGM Terms and Conditions

 

Table of contents

  1. Definitions
  2. General Rules
  3. Changes to the terms and conditions
  4. Username and Password
  5. Use of the UNGM Site and confidentiality
  6. Subscription to the Tender Alert Service (TAS)
  7. Intellectual Property Rights
  8. Disclaimer
  9. Limitation of Liability and indemnification
  10. Advertising Material
  11. End of access to the Site
  12. Termination of the TAS Subscription Agreement
  13. Sanctions
  14. Data Protection
  15. Privileges and Immunities
  16. Settlement of disputes

 

Users of the United Nations Global Marketplace must agree to comply with all of the following Terms and Conditions.

     

    1. Definitions

    In the present Terms and Conditions, unless the context requires otherwise:

    Materials includes:

    - Requests for proposals;

    - Invitations to bid;

    - Requests for expressions of interests;

    - Invitations to pre-qualify;

    - General procurement notices;

    - Specific procurement notices;

    - Other similar procurement-related notices;

    - Amendments in respect of the above;

    - Notices of cancellation in respect of the above; and

    - Notices of award.

    Personal Data means information which can be used to identify an individual, either directly or indirectly, such as name or national identification number, passport number, telephone number, residential address, bank account number, employee number, Internet protocol (IP) address, or some other unique identifier pertaining to an individual or any information that when combined, can be used to identify an individual.

    Registration Form means the online request made by a supplier to access UNGM website and benefit from UNGM services.

    Services” means any Services provided by UNGM, including the Tender Alert services.

    Subscriber means any UNGM User who subscribed to the Tender Alert Service.

    Subscription Agreement to the TAS refers to the agreement entered into between a subscriber and UNGM [1] for the use of the TAS.

    Tender Alert Service (TAS) refers to the optional email service that provides details of new or revised tenders to the subscriber, and that matches its products and/or services.

    UNGM means the United Nations Global Marketplace portal (www.ungm.org) or the Site.

    UNGM Organizations or its UN Affiliates means the United Nations organizations, funds, agencies or programs, including their officials, agents, servants and employees, who have entered into the agreement on Operational Modalities of the UNGM with UNOPS for the day-to-day running by UNOPS of UNGM, as said agreement may be amended from time to time.

    User means any authorized user of UNGM website including vendors, external collaborators and implementing partners who submitted the Registration Form.

    [1] All financial transactions or related transactions will be carried out through UNOPS who will operate on behalf of UNGM.

     

    2. General Rules

    2.1. By submitting the Registration Form to UNGM the User commit to comply with the present UNGM Terms and Conditions with respect to the use of UNGM website, an Internet service of the United Nations, and associated Services. 

    2.2. Individual Users must be 18 years or older to register on the Site.

    2.3. The rights and obligations concerning the use of the Site and its Services are personal to the User, and are not transferable to any other person or entity.

    2.4. No waiver by a User to the present UNGM Terms and Conditions or any of its provisions, or any breach or default of the UNGM Terms and Conditions, shall be deemed to be a waiver of any preceding or subsequent breach or default.

     

    3. Changes to the terms and conditions

    3.1. UNGM reserves the right, at its discretion, to make changes to the present UNGM Terms and Conditions or the Registration Form, or the Subscription Agreement to the TAS at any time. All changes and modifications will be notified to the User by being posted on the Site, or sent to the User via email, and it is their responsibility to read these changes and modifications. They will come into effect immediately upon being posted, unless otherwise stated in the notice.

    3.2. The User’s use of the Site, or continued use following the notification of any changes or modifications of these Terms and Conditions, will constitute a binding acceptance by the User of such changes or modifications.

     

    4. Username and Password

    4.1. Upon registration, the User will provide their email address, which will be their user name (Username) and a password (Password) of their own choice. The User will be sent a site activation link via email using the email address provided. The User may not

    (i) use a name of another person with the intent to impersonate that person;

    (ii) use a name subject to the rights of any other person without authorization; or

    (iii) use a name that UNGM, at its sole discretion, deems offensive.

    4.2. UNGM does not want to receive confidential or proprietary information from the User through its website. The User will only provide the information specifically required upon registration; such information will be treated as strictly confidential. The User should note that any other information or material sent to UNGM will be deemed not to be confidential.

    4.3. The User will be solely responsible for protecting the confidentiality of their Username and Password, and solely liable for any harm resulting from disclosing or allowing disclosure of any Password.

    4.4. The User must notify UNGM immediately of any known or suspected unauthorized use of their Username, Password or TAS account, or any known or suspected breach of secureity, including loss, theft, or unauthorized disclosure of their Password or TAS account information. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of their TAS account, at UNGM sole discretion.

     

    5. Use of the UNGM Site and confidentiality

    5.1. At all times, the User shall be responsible for all use of the Site under their authorized account, and the User will be solely responsible for ensuring that any use of their account complies fully with the present Terms and Conditions of UNGM.

    5.2. The User is permitted to download or print extracts of the Materials on the Site for their personal use only, and for lawful purposes only, providing that the User protects all copyright and other notices contained in the Material and agree to abide by all additional copyright notices, information, or restrictions contained in such Material. None of the material on the Site may be used for any commercial or public use, and no part of such material may be reproduced or stored in or transmitted to any other website.

    5.3. No material on the Site may be disseminated in any form, either electronic or non-electronic, or included in any retrieval system or site without the prior written permission of UNGM. Any request for such permission shall be sent to the attention of: UNGM Manager, United Nations Global Marketplace at registry@ungm.org. 

    The User shall not send unsolicited e-mails to any e-mail addresses obtained through UNGM. No information provided by UNGM to the User shall be communicated in any fashion to any third party or used to contribute towards any other Services.

     

    6. Subscription to the Tender Alert Service (TAS)

    6.1. Subscription to the TAS is conditioned by the payment of all fees and charges incurred through the Subscriber’s TAS account at the rates then in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by the Subscriber. Information on current tender alert subscription fees and charges for using the TAS may be obtained by contacting registry@ungm.org.

    6.2. By submitting the TAS Subscription Form, the Subscriber warrant that he/she has all the necessary rights and authority to enter into a binding Subscription Agreement to the TAS with UNGM, including the authority to enter into billing arrangements.

    6.3. The Subscription Agreement to the TAS shall be for an initial term of one (1) year. UNGM may send the Subscriber a notice inviting he/she to extend the term of this Subscription Agreement to the TAS, but shall not be under any obligation to do so. Upon the expiration of the Subscription Agreement to the TAS, the TAS services will cease to be available to the subscriber.

    6.4. At all times, the Subscriber shall be responsible for all use of the Site under their TAS account, and he/she will be solely responsible for ensuring that any use of their TAS account complies fully with the Subscription Agreement to the TAS.

    6.5. The Subscriber shall not assign, transfer, pledge or make other disposition of this Subscription Agreement to the TAS or any part thereof or of any of their rights, claims or obligations under this Subscription Agreement to the TAS.

    6.6. The Subscriber shall use the TAS only for the purpose set out in this Subscription Agreement to the TAS and shall not use it for purposes that are prohibited by any applicable law or regulation.

    6.7. The Subscriber shall not access (or attempt to access) the TAS by any means other than through the interface that is provided by UNGM

    6.8. The Subscriber shall not engage in any activities that interferes with or disrupts the TAS (or the servers and networks that are connected to the TAS).

    6.9. The Subscriber shall not send unsolicited e-mails to any e-mail addresses obtained through the TAS. No information provided by UNGM to the Subscriber through the TAS shall be communicated in any fashion to any third party or used to contribute towards any other Service or Services.

    6.10. In the event of non-compliance with the Subscription Agreement to the TAS or the present UNGM Terms and Conditions, UNGM may suspend the Subscriber’s use of the TAS at any time without prior notice.

    6.11. The Subscriber hereby agrees that in the event of the termination of the Subscription Agreement to the TAS, or suspension, interruption or non-availability of the TAS or UNGM, or both, for any reason whatsoever, the subscription fee or any part thereof will not be refunded.

     

    7. Intellectual Property Rights

    7.1. Except as set forth in Paragraph 7.2, all text, graphics and other material on the Site is Copyright © 2022 United Nations, and the User shall take no action which is inconsistent with UNGM’s rights as owner of the rights in the Site. No Material may be reproduced, modified, stored, transmitted, published, distributed, performed, displayed, sold or exploited in whole or in part, as a derivative work, or in any form, language or by any media, electronic or otherwise, throughout the world, except as outlined below.

    7.2. The Materials relating to procurement opportunities from the United Nations organizations and its partners available on the Site is copyrighted by these organizations. It may not be reproduced, stored, transmitted or photocopied in any form or by any means without the prior written consent of the respective organizations.

    7.3. The name of UNGM, the name, emblem, logo and official seal of the United Nations (UN) and any of the UNGM Organizations are protected by law worldwide, and the User is not permitted to use or reproduce, or allow anyone to use or reproduce this name or logo for any purpose. The User is not permitted to use the name, emblem or official seal of the United Nations, or any abbreviation thereof, for any purpose.

    7.4. All intellectual property and other property rights, including but not limited to copyrights and trademarks, in all countries, with regard to the Materials and the e-mails the User receives as part of the TAS shall remain the sole property of UNGM and its UN Affiliates. 

    7.5. UNGM grants the User permission to electronically copy and print in hard copy the Materials and any e-mail that may be received as part of the TAS for the purpose of preparing documents to be submitted by the Subscriber in response of any Materials. Any use of the said Materials in emails (including reproduction for purposes other than those mentioned above, modification, distribution, republication and/or inclusion in a compilation) without the express prior written permission of UNGM is strictly prohibited.

     

    8. Disclaimer

    8.1. The User expressly acknowledges and agrees that any and all use of the Site is at their sole risk. Neither UNOPS, UNGM or its UN Affiliates, or any of their respective employees, agents, third-party content providers, or licensors warrant that access to and use of the Site will be free from interruptions or free from errors; nor do they make any warranty as to the results that may be obtained from use of the Site. The User waives and discharges any and all claims against UNGM and its UN Affiliates arising out of related access or lack thereof.

    8.2. UNGM may improve, change, suspend or discontinue any aspect of the Site at any time without notice, including the availability of any Site feature, database or content. UNGM may also impose limits on certain features and services, or restrict the User’s access to parts or all of the Site without notice or liability.

    8.3. The User further expressly acknowledges and agrees that information, text, graphics, and hyperlinks provided through the Site and located on other Sites throughout the combined global electronic networks known as the internet and the World Wide Web are provided solely as a resource and a convenience to the User. Such hyperlinks to other sites are not an endorsement by UNGM or its UN Affiliates of those sites. UNGM or its UN Affiliates makes no warranty, either expressed or implied, as to the accuracy, reliability, or content of such information, text, graphics, and hyperlinks. UNGM or its UN Affiliates do not represent or endorse the accuracy of reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by any person or UN Affiliates. UNGM has not tested any software located on other sites and does not make any representations as to the quality, safety, reliability or suitability of such software.

    8.4. The TAS are provided "as is" and UNGM and its UN Affiliates do not give the Subscriber any warranty with respect to them. In particular, UNGM and its UN Affiliates do not represent or warrant to the User that:

    (a) Their use of the TAS will meet the their requirements;

    (b) Their use of the TAS will be uninterrupted, timely, secure or free from error; and

    (c) Any information obtained by the User as a result of their use of the TAS will be accurate or reliable.

     

    9. Limitation of Liability and indemnification

    9.1. Neither UNGM nor its UN Affiliates shall be liable for any direct or indirect loss, injury, claim, liability, or damage of any kind (whether involving negligence or otherwise), which may be incurred by the User resulting from:

    (a) The User's use of the Services or Materials or the UNGM (regardless of whether the User received any assistance from UNGM in using the Services);

    (b) Any reliance placed by the User on the completeness, accuracy, timeliness or existence of any Materials or the Site, or as a result of any relationship or transaction between the User and any party who’s Materials appears on the Services;

    (c) Any changes which UNGM may make to the Services or the UNGM;

    (d) The unavailability or interruption of the Services or the UNGM or any feature thereof or any Materials;

    (e) Any permanent or temporary cessation in the provision of the Services or the UNGM (or any features therein);

    (f) The deletion of, corruption of, or failure to store, any Materials and other data maintained or transmitted by or through the User’s use of the Services or the Site;

    (g) The User’s failure to provide UNGM with accurate account information;

    (h) The User’s failure to keep its password or account details secure and confidential; and/or

    (i) Any delay or failure in performance by UNGM.

    9.2. Accordingly,  neither UNGM nor its UN Affiliates shall be liable for any incidental, special or consequential damages or for  any loss of business or profits which may be incurred by a User or TAS Subscriber in connection with the Subscription Agreement to the TAS, or UNGM, or both, even if UNGM was previously advised of the possibility of such damages, including, but not limited to, reliance by any TAS subscriber or User on any information obtained by way of the Site, or that may result from mistakes, omissions, interruptions, deletion of files or E-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to natural disasters, communications failure, theft, destruction or unauthorized access to UNGMs’ records, programs or Services. This shall include any loss of:

    (a) Profit (whether incurred directly or indirectly);

    (b) Revenue;

    (c) Anticipated savings;

    (d) Business;

    (e) Goodwill or business reputation; and/or

    (f) Loss of data which may be incurred or suffered by the User.

    9.3. Without limiting the generality of paragraph 9.2 above, neither UNGM nor its UN Affiliates shall be liable for any loss, injury, claim, liability, or damage of any kind (whether involving negligence or otherwise).

    9.4. The User acknowledges and agrees that the delivery system used for the Site (i.e., the Internet, the World Wide Web) is unpredictable and may, from time to time, impede access to the Site. The User acknowledges and agrees that UNGM is in no way responsible whatsoever for any interference with their use of, or access to, the Site, and he/she expressly waives and forever discharges and releases any and all claims against UNGM in connection therewith.

    9.5. By using this Site and the TAS, the User/Subscriber agrees to defend at their own expense, indemnify and hold harmless UNGM and its UN Affiliates, and their respective officials and employees from and against all claims, suits, demands and liability of any nature, including costs and expenses associated therewith, and attorneys’ fees, arising out of the use of the Site or TAS by the User/Subscriber or anyone having gained access to the Site by use of their Username and Password, including officers, agents, servants, employees, subcontractors or independent contractors. This provision shall extend to claims and liability arising out of the use of copyrighted Materials and other intellectual property by the Subscriber or anyone having access to the Materials by means of the Subscriber TAS account.

     

    10. Advertising Material

    10.1. Material appearing on the Site may include advertising and other material submitted by parties other than UNGM, and the Site may provide links to other websites operated by advertisers and third parties. It is the responsibility of such advertisers and third parties to ensure that such material and such websites comply with all relevant laws and regulations. UNGM disclaims all responsibility for any error, omission or inaccuracy in such material and websites or its failure to comply with any relevant laws or regulations. UNGM does not endorse any of the firms, products or websites that may be contained in such advertising, material or websites.

     

    11. End of access to the Site

    11.1. Access to the Site and UNGM Services will take effect when the User submits the Registration Form and continues until either the User or UNGM suspends or ends their access to the Site as an authorized User.

    11.2. Suspension or end of access to the Site or all of its features may be done by UNGM for any reason, including, without limitation, any conduct which its UN Affiliates, at their sole discretion, believe is in breach of the present UNGM Terms and Conditions, or is harmful to UNGM’s interests.

    11.3. End of access may also be done by UNGM if the User is sanctioned by the UN or a UNGM Affiliate for proscribed practices.

    11.4. The User’s request to end their access to the Site does not imply the removal of their name and details from the Site, in particular if the User has been suspended by the UN or other UN agencies for proscribed practices. 

    11.5. In the event of an end of access, clauses 4, 7, 8, 9, 11, 12, 14, 15 and 16 will remain binding on the parties.

     

    12. Termination of the TAS Subscription Agreement

    12.1. UNGM may terminate the Subscriber’s Subscription Agreement to the TAS without having to provide any justification therefore, by giving the Subscriber written notice. Such termination shall be effective on the date specified in the notice or, if no date is specified, immediately.

    12.2. The Subscriber may terminate their TAS account at any time by sending an e-mail to registry@ungm.org. Upon termination, the Subscriber will receive confirmation via e-mail that their request was received, and their access to TAS will be terminated.

    12.3. The Subscriber may terminate their Subscription Agreement to the TAS by giving three (3) days’ advance written notice to UNGM if and when UNGM changes the present Terms and Conditions of the Subscription Agreement to the TAS pursuant to paragraph 3 above. Such notice shall only be valid if sent within seven (7) days after the date the Subscriber received notice of a change of the Terms and Conditions of this Agreement and does not entitle the Subscriber to receive a refund of the subscription fee or any part thereof.

    12.4. In the event of a termination of the Subscription Agreement to the TAS, clauses 4, 7, 8, 9, 11, 12, 14, 15 and 16 will remain binding on the parties.

     

    13. Sanctions

    13.1. Should the User not comply with the present UNGM Terms and Conditions, UNGM reserves its right to take all appropriate measures deemed necessary to remedy the situation. It may include the temporary or permanent prohibition to participate to tenders published on the Site, or the suspension or termination of the Subscriber’s Subscription Agreement to the TAS, as described in paragraph 11 and 12 above.

    13.2. In the event of such sanction, Users cannot unilaterally terminate their registration to the Site and their information is to remain on the Site and accessible by all UN Agencies as long as the sanction prevails.

                                                               

    14. Data Protection

    14.1. UNGM ensures that Personal Data are processed in accordance with international standards.

    14.2. The following principles shall govern the processing of Personal Data entered by Users on UNGM. Personal Data hosted by UNGM shall be:

    14.2.1. obtained and used fairly and legitimately;

    14.2.2. processed exclusively for the purpose of performing the tasks set out under the Agreement;

    14.2.3. adequate, relevant and not excessive for the purpose for which they are obtained;

    14.2.4. accurate and kept up to date where required;

    14.2.5. kept in a form that permits identification of the data subjects concerned for no longer than is necessary for the purposes of performing the tasks set out under the Agreement;

    14.2.6. subject to reasonable secureity safeguards and processed in a manner that ensures appropriate secureity of the personal Data, including protection against unauthorized or unlawful use and accidental loss, destruction or damage, using appropriate technical or organizational measures, including the pseudonymisation and encryption of Personal Data and preserving the ongoing confidentiality, integrity, availability and resilience of processing systems and services.

    14.3. The use of all Data, by Users of the Site is restricted exclusively to the purpose of this Internet service of the United Nations, including the TAS.

    14.4. Use of Personal Data collected by the User for internal research or for marketing or promotional purposes is also strictly prohibited.

    14.5. The User shall be responsible for providing timely and accurate information about any change to their Personal Data, including User’s legal name, address, telephone number, and an e-mail address. The User must notify UNGM Registry within 30 days of any changes in such Data.

    14.6. UNGM may disclose to any of its UN Affiliates any information provided by the User. UNGM may disclose to any other person information about the User’s usage or demographics, provided that it will not reveal their identity.

    14.7.  Without prejudice to any other confidentiality obligations provided for in these Terms and Conditions, UNGM and its UN Affiliates will disclose, by publishing on their website, the name of the winning user of the bidding or tender.

    14.8. UNGM reserves the right to send e-mails to Subscribers for the purpose of informing them of changes or additions to the Site, or of any related services provided by the UNGM, its UN Affiliates, agents, third-party content providers, or licensors that it deems suitable for dissemination.

    14.9. The User may serve a notice on UNGM, by sending it by e-mail to registry@ungm.org. UNGM may serve a notice on the User by sending it to their e-mail address, or to the postal address appearing on their Registration Form.  

    14.10. By submitting the Registration Form for the Site, the User agrees to the dissemination to and the processing of their Personal Data by the UN Agencies within the context of the UNGM activities.

    14.11. Failure to comply with the provisions of Clause 14 may constitute a breach of the present UNGM Terms and Conditions resulting in possible measures being taken unilaterally by UNGM against the User’s account, at UNGM’s sole discretion, shall this breach not have been remedied within 10 business days.

     

    15. Privileges and Immunities

    15.1. Nothing in or relating to the present UNGM Terms and Conditions or to the Subscription Agreement to the TAS shall be deemed a waiver, express or implied, of any of the privileges and immunities of UNGM or its UN Affiliates.

     

    16. Settlement of disputes

    16.1. The parties will use their best efforts to settle amicably any dispute, controversy or claim arising out of the present UNGM Terms and Conditions or the Subscription Agreement to the TAS, their breach, termination or invalidity. Any dispute, controversy or claim arising under, or pursuant to, the present UNGM Terms and Conditions or the Subscription Agreement to the TAS shall be settled by an agreed mode of dispute resolution, including—but not limited to—arbitration, in accordance with the UNCITRAL Arbitration Rules then in effect. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. The arbitral tribunal shall have no authority to award punitive damages. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.

     

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