Terms of Service - Our Contract with You...
The TenderHood Inc. (“THE TENDERHOOD”) membership rules and terms and conditions (referred to collectively as “Terms”).
As a registered member of THE TENDERHOOD (“Member”), you agree to abide by these Terms, and these Terms shall apply to any use you may make of our Portal www.thetenderhood.co.uk (the “Portal”) and to any order you make (“order”) for services. Each Order will be a separate contract incorporating these Terms and any specific terms agreed in writing between us regarding that Order. Use of the Portal includes accessing and browsing the Portal and registering as a Member. Please read these Terms carefully and make sure that you understand them, before making any use the Portal or placing an Order.
If you refuse to accept these Terms, you will not be able to become a Member or place an Order and you should not make any use of the Portal. If you wish to terminate your membership, at any time you can do so by closing your account and no longer accessing or using our Portal.
We may revise these Terms from time to time and the revised terms will be available on the Portal. Every time you place an Order, the Terms in force at that time will apply to the contract between you and us.
Our Privacy Notice sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Good Neighbour Policy sets out the rules for engaging with other members on the Site.
- Information about us
- Membership rules
- Membership services
- Accessing the site
- Reliance on information
- Intellectual property rights
- Uploading content to the site
- Linking to the site
- Third party links and resources on the site
- How we use your personal information
- Paying for services
- Refund policy
- Cancelling paid services
- Our liability
- Communications between us
1. Information about us
We operate the website www.thetenderhood.co.uk. We are The TenderHood Inc, a company registered in Canada under company number 3340806. Our registered company address is 64 Maple Street, Mahone Bay, Nova Scotia, Canada, B0J 2E0.
To contact us, please email [email protected]
2. Membership rules
All Membership applications are subject to email verification and approval by THE TENDERHOOD. THE TENDERHOOD will then send an automated email to the registered account email you have provided to verify that your membership has been accepted.
You are obliged to provide correct details when you apply for THE TENDERHOOD Membership and your failure to do so may invalidate your Membership and any subsequent Order (at THE TENDERHOOD’s sole discretion). Your responsibility to provide accurate information is a continuing obligation and you must ensure your membership profile is updated and maintained during your membership.
Your Membership and associated membership profile are personal to you. You are responsible for ensuring that no one other than you use your Membership.
You must not create a false profile on THE TENDERHOOD, misrepresent your identity, create a member profile for anyone other than yourself, or use or attempt to use another’s member profile account.
You must not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Portals.
You must not post anything that contains software viruses, email spam, phishing, worms or any other harmful code. You must not attempt to gain unauthorised access to the Portal or any part of it, the server on which the Portal is stored, or any server, computer or database connected to the Portal. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your Membership and your right to use the Portal will cease immediately.
You must not use bots or other automated methods to access the Services, add or download contacts, send or redirect messages.
You must not violate the THE TENDERHOOD Network Rules or any additional terms concerning a specific Service that is provided when you sign up for or start using such Service. Find THE TENDERHOOD Good Neighbour Policy here.
You are responsible for anything that happens through your account unless you close it or report misuse.
Access to and use of the THE TENDERHOOD Members section of the Site is through a combination of your ‘username’ and password (“Your ID”) and is reserved exclusively for THE TENDERHOOD Members. You are solely responsible for maintaining the confidentiality of Your ID and for all use made of the Site and Orders placed using Your ID, and you agree to notify THE TENDERHOOD immediately by emailing [email protected] if you believe that there has been any breach of security or unauthorised use of Your ID.
If you are accessing or using the any THE TENDERHOOD Services on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Terms and Conditions, and your agreement to these Terms and Conditions will be treated as their respective agreement. In this event, THE TENDERHOOD may hold you responsible for violations of this agreement by that business or third party, and “you,” “your” and “party” will also refer and apply to that business or third party.
You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the THE TENDERHOOD Services on behalf of a business, you agree that THE TENDERHOOD may share information about your purchases and use of the Services with that business, including its representatives and agents. If that business indicates that you are no longer authorised to place listings on its behalf (e.g., if you leave that business or changes roles within that business and you no longer manage any listings), you agree you may be removed from listings associated with that business. You may not resell or transfer access to any of the THE TENDERHOOD Services to any other party where you have been verified as managing listings.
You may use the Site only for lawful purposes. You may not use the Site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards as defined under section 8 content below;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- For any other purpose that infringes the rights of others.
THE TENDERHOOD reserves the right to cancel or suspend your Membership or your access to any part of the Site (at its sole discretion) for any reason.
3. Membership services
THE TENDERHOOD provides its members with a variety of ‘services’ which include the following:
- Supplier Social Network
- Tender Matching Service
THE TENDERHOOD reserves the right to withdraw any of the Services and/or not to supply the Services requested.
4. Accessing the site
Access to public areas of the Supplier Social Network is made available free of charge. Individual membership is available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
We may update the Site from time to time and may change the content at any time to meet the development needs of the business and any requests from the community.
Other Members may update their Member profiles on the Site from time to time. However, please note that any of the content on any Member’s profile may be out of date at any given time.
We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5. Reliance on information
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
If you order any Services from us, such Order is subject to acceptance by us.
We will supply the Services to you from the date set out in the Order for the period of time set out in the Order.
We will make every effort to complete the Services on time. However, any such dates shall be estimates only and time for performance by us shall not be of the essence of these Terms.
We may need certain information from you that is necessary for us to provide the Services. We will contact you in writing about this. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked.
We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
The price of the Services will be set out in the Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
While we may send you an automatic email confirming receipt of an Order, this does not amount to acceptance of such Order. Acceptance does not occur (and therefore an Order is not binding on us) until is it expressly accepted by us.
It is always possible that, despite our best efforts, some of the Services may be incorrectly priced. We will normally check prices as part of our Order confirmation process so that, where the Services’ correct price is more or less than our stated price, we will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect price.
7. Intellectual property rights
You grant to THE TENDERHOOD a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, copy, modify, distribute and publish your postings in connection with the performance of the THE TENDERHOOD Services (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your postings (including to grant the license above).
THE TENDERHOOD reserves all its intellectual property rights in the Services, and in the material published on it. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation (where relevant) to content posted on the Site, but you may not provide them with copies of any such content in any medium.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
If you choose to provide suggestions or feedback to THE TENDERHOOD about any services, you agree that THE TENDERHOOD can (but does not have to) use and share such feedback for any purpose without compensation to you.
10. Third party links and resources on the site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Being a member of THE TENDERHOOD does not give you permission to use without permission content from third parties on our Site. You should follow the specific terms and conditions of said third party.
11. How we use your personal information
12. Paying for services
You can buy any of the paid services using the methods indicated on the Site. We want to keep things simple and THE TENDERHOOD payment gateway has been set-up to achieve this. If an alternative payment method is required to bring you onboard, get in touch and we can arrange.
Unless otherwise stated in the Order, or agreed in advance in writing with THE TENDERHOOD, payment for any of the Services is due upon placement of your Order. THE TENDERHOOD shall not be obliged (but shall have the discretion) to commence provision of the Services, unless otherwise agreed in accordance with this clause, until payment has been received.
You may be offered more than one billing option when you purchase any of THE TENDERHOOD Services. You agree to pay on the basis and at the rate selected when a listing, order, or other purchase of THE TENDERHOOD Services was submitted through your account (“Rate”). You also agree to pay all applicable fees and taxes. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. THE TENDERHOOD may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts.
Failure to pay these fees will result in the termination of your paid Services.
Unless you change or remove your payment method, THE TENDERHOOD may store and update (e.g., upon expiration) your payment method via our third party payment gateway stripe.com, for use with subsequent campaigns, orders and purchases submitted through your account. THE TENDERHOOD does not store your payment details on our Site.
All your purchases of Services are subject to THE TENDERHOOD’s refund policy.
13. Refund policy
Upon any order completion payments are non-refundable, including fees and other charges.
If you cancel any services prior to the listing expiry date of that service all of your features will expire at the end of your billing cycle.
If you cancel any paid service you may still remain a free member on the Supplier Social Network.
14. Cancelling Paid services
If you cancel your paid services and return to a free THE TENDERHOOD account, you’ll still retain your profile, connections, and other data. However, you’ll lose access to THE TENDERHOOD playing field and tender matching service. This will also apply to any additional services that THE TENDERHOOD introduces in the future. Your paid services will terminate at the end of the last month for which we have received payment. THE TENDERHOOD does not offer partial-month refunds.
15. Our liability
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Site; or use of or reliance on any content displayed on the Site.
We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of listings / websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We accept no liability for any losses or claims arising from any failure to complete an Order. If the requested service is not available we may offer you substitute services of a similar description and standard. THE TENDERHOOD will contact you in order to agree any relevant changes to the Order. You may refuse the substitute services and receive a full refund in respect of that Order.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Notwithstanding any review or approval of any listings by THE TENDERHOOD, you agree to indemnify THE TENDERHOOD and its affiliates (as defined in the User Agreement), and hold THE TENDERHOOD and its affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims or proceedings, arising out of or related to your postings, or any use of THE TENDERHOOD Services, and breach of these Terms and Conditions.
17. Communications between us
When we refer, in these Terms, to “in writing”, this will include email and Orders agreed on the Site.
If you wish to contact us in writing for any reason, you can send this to us by e-mail to [email protected].
If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your Membership application.