Site Terms and Conditions, Copyright and Disclaimer Information
Terms and Conditions
Definitions
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etenders or website or etenders website
refers to www.etenders.gov.ie
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Department
means the Department of Finance acting on behalf of the Minister for Finance.
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Agents
means those providing a service, in relation to the etenders site, on behalf of
or in association with the Department (currently these are Millstream and the
LGCSB).
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Millstream
is Millstream Associates, Ltd. and refers to the company acting on behalf of
the Department with responsibility for developing the website and managing it
on a day-to-day basis.
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LGCSB
refers to the Local Government Computer Services Board which hosts the website
in its web farm.
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Services means all of the functional services provided by the website,
including creation of tender notices, uploading of tender documentation,
downloading of documents, posting of questions and answers, online submission
of tenders and other general services. Services also includes the technical,
managerial and operational services provided the Department’s agents in
delivering the functional services.
Introduction
The use of the etenders website is governed by the terms and conditions set out below.
These terms and conditions are important and are there for the protection of both you and
the Department of Finance and its agents. Please take the time to read them carefully.
By using the website you will be deemed to have accepted them and that your use is at your own risk.
Jurisdiction
The website is established in Ireland in accordance with the laws of Ireland and shall be governed
by the laws of that country. When you use the site, you accept that your use of the site and any
information on the site, shall also be governed by the laws of Ireland and if any dispute arises from your use of
the site or any of the information on it, you agree to allow such dispute to be heard in the Irish courts
Alterations
The Department reserves the right to make changes to
the information, design and services provided on the
etenders website without notice and without liability.
The Department reserves the right to add, amend or vary the terms of this
agreement by publishing notice of such changes on its website (in the News
section) and the continued use of the service will signify your acceptance of
the changes.
Site Content
In the event that you transmit or otherwise transfer material to the etenders
website, the Department and its agents have no responsibility for the accuracy,
veracity and completeness of same and for any errors in the manner of its
input.
Tender documentation on this site may not be amended, altered or modified in any
way. Tender documentation on this site may not be reproduced without the
consent of the Department and the owner/provider of the documentation
concerned.
The site will record all persons or legal entities downloading tender
information. Any person or legal entity accessing or using the site is deemed
to consent to such recording.
Users of the website agree that they will not upload any material, including
questions, that are malicious, abusive, frivolous or otherwise inappropriate.
This includes the contact us section of the website. Any breach of
this nature will result in de-registration.
Communicating with users
From time to time, emails from the site will be issued to registered users with site-pertinent
information such as notification of major changes or problems with the site. Occasionally,
surveys to establish user satisfaction with the site may be issued, as well as EU Commission
communications relating to public procurement. However, trivial messages will not be issued
and emails on behalf of third parties will not be issued under any circumstances.
In addition, advertising on behalf of non-public sector or commercial bodies is not permitted
Products
The Department is providing a service in the etenders website which facilitates
the transfer of data prepared by products not provided by the Department of
Finance. The provision of this service does not:
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imply approval of such products by the Department;
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imply a preference of such products over any other similar product which does
not provide the functionality to upload data to the site;
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imply any liability on Department’s part for the accuracy, veracity and
completeness of data prepared by these products and for any errors arising from
the use of these products and for any damage arising from the use of these
products.
Liability
The Department and its agents shall not be liable for any delays,
interruptions, errors or failures in the provision of the services not
within the reasonable control of the Department and its agents including force majeure,
failure or fluctuation of electrical power, industrial action, industrial disputes,
breakdown or other malfunctions of the user’s
or the Department’s or its agents’ telephone or other technical equipment, including software.
In addition, the Department and its agents shall not be liable, either in contract or in tort,
for any direct, incidental, consequential, indirect or punitive damages or any other losses, costs,
expenses or damage of any kind claimed to have arisen as a result of using this site or as a result of the non-availability,
non-functioning or malfunctioning of the services or otherwise in connection therewith.
Indemnity
The etenders user shall hold the Department and its agents harmless from any
loss or damage suffered as a result of the user’s breach of any of these terms
and conditions.
Security
While all reasonable security precautions have been taken by the Department and
its agents, including the provision of a secure and robust operating
environment, the nature of communication by the Internet is such that the
Department cannot absolutely guarantee the privacy or confidentiality of
communications transmitted via the Internet from interference by third parties.
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Disclaimer
The Minister, the Department, its officers, its agents or Ireland:
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do not accept responsibility expressed or implied for the accuracy,
suitability, usefulness, and completeness or otherwise of the information and
data contained on this www site;
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do not warrant that the information and data contained on this site or sites
linked to this is free from infection by computer viruses or that it does not
infringe the intellectual property rights of any person any where in the world;
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do not authorise the infringement of any intellectual property rights contained
in material in other sites linked to this site;
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do not accept responsibility for any errors in transmission or downloading
documentation from this site;
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do not accept responsibility for non-adherence by tenderers to the stipulated
closing dates and times expressed in tender documents or otherwise amended by
the relevant contracting authority;
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do not accept responsibility for the accuracy, suitability, usefulness, and
completeness or otherwise for material contained on other websites linked to
this site;
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The Department of Finance reserves the right to amend this disclaimer as and
when required without notice by updating this posting.
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Copyright
The information displayed on this site is public. Reproduction is authorised
provided the source is acknowledged and permission has been obtained from the
Department of Finance and the owner/provider of information on the site.
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