Terms Of Use

Updated: 25 Jun 18

Welcome to our website (“Site”) TenderBoard at www.tenderboard.biz , owned and operated by TENDERBOARD PRIVATE LIMITED, a company organized under the laws of Singapore (Registration No. 201536650E).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

By using Our Site, You are deemed to have accepted and agreed to be bound by these Terms of Use.

If You do not agree to these Terms of Use, You must not use this Site.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with TENDERBOARD PRIVATE LIMITED or its affiliated companies for products, services or otherwise.

If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and TENDERBOARD PRIVATE LIMITED, for violations of these Terms of Use. This agreement contains disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Site, these Terms of Use will govern. However, if you navigate away from the Site to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

1. Definitions

The headings in these terms and conditions are for convenience only and shall not affect its interpretation. Words denoting the singular shall include the plural and vice versa.

“Buyer” refers to a party, which may be a business, company or individual, who submits purchase and/or quotation requests for goods and/or services through the Site. These requests are made through an account on the Site or via our affiliate websites.

“Confidential Information” refers to any information or material proprietary and/or confidential to TENDERBOARD PRIVATE LIMITED, which may be Buyer or Supplier disclosed, or obtained in connection with use of the Site, including without limitation:

    a. Any information in connection with a Transaction, Tender, Buyer or Supplier.
    b. TENDERBOARD PRIVATE LIMITED Software.
    c. TENDERBOARD PRIVATE LIMITED business, technical and process documentation.
    d. Any non-public information contained in or acquired by use of the Site.
    e. Any information designated or labelled by TENDERBOARD PRIVATE LIMITED as confidential.
    f. Any information that is accidentally or inadvertently disclosed to you which ought not to have been so disclosed whether by any third party or otherwise when using the Site.

“Site” refers to www.tenderboard.biz and all other websites which are owned and run by TENDERBOARD PRIVATE LIMITED.

“Supplier” refers to a party, which may be a company or individual, who signs up for an account on Our Site to receive notifications and/or search for Tenders as well as to respond to purchase and/or quotation requests for goods and/or services that are submitted by Buyers.

“Tender” refers to jobs, projects, quotation requests, purchase requests, Requests for Quotations (RFQs), Request for Proposals (RFPs), Invitation to Tender (ITT), Invitation to Quote (ITQ) or similar expressions of requests for information or intention to purchase, that are listed on the Site or sent to Suppliers via the Site and/or an authorized representative of the Site.

“Transaction” refers to a purchase of goods and/or services by a Buyer from a Supplier using Our services or facilitated by the Site.

“We”, “Us”, or “Our” refers to the Site and/or TENDERBOARD PRIVATE LIMITED.

“You” or “Your” refers to any Buyer, Supplier, or any other user who accesses and/or uses the Site.

2. Acceptance of Terms

2.1 We are an online platform that facilitates Transactions between Buyers and Suppliers, and is not involved in the actual negotiations, evaluations and/or Transactions between Buyers and Sellers.

2.2 You understand and agree that TENDERBOARD PRIVATE LIMITED does not act as an agent or trustee for any Buyer or Supplier, and We do not endorse, sponsor or certify any goods and/or services provided by Suppliers.

2.3 You understand and agree that TENDERBOARD PRIVATE LIMITED does not exercise any control over:

    a. Accuracy or usefulness of the description, classification or information pertaining to any Tender listed on the Site or sent by the Site or sent by an authorized representative of the Site to a Supplier.
    b. The ability of either a Buyer or Supplier to fulfil its obligations in any Tender or in any Transaction.
    c. The legal and compliance capacity of any Buyer or Supplier to lawfully enter into any agreement or Transaction.
    d. The quantity, availability, quality, safety, or legality of any goods and/or services as provided by any of the Suppliers.
    e. Any representation made by any Buyer or Supplier.

2.4 These Terms of Use may be periodically modified or revised from time to time. We may notify You of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes. Therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.

3. www.tenderboard.biz Services

3.1 TENDERBOARD PRIVATE LIMITED reserves the right at Our sole discretion to:

    a. Add and/or modify all or part of the services provided on the Site at any time.
    b. Discontinue all or part of the services provided on the Site.
    c. Suspend, deny access to or use of the Site for the purposes of system maintenance, upgrading, security or such other purposes as We may deem appropriate.

4. Use of www.tenderboard.biz

4.1 Your permission to use the Site is personal to You and non-transferable. Your use of the site is conditional on your acceptance and compliance with these Terms of Use.

4.2 You will be responsible, at Your own cost, for providing the telecommunications connectivity, computer hardware, internet access and other technology necessary for You to access and/or use the Site.

4.3 You agree not to use any software, hardware, device or electronic means to interfere, alter, deny or otherwise disrupt the normal operation of the Site or any content within the Site.

4.4 You will not be permitted to participate in the services conducted through the Site without registering as a Buyer or Supplier on the Site, or submitting a request via our affiliate websites.

4.5 If your registration is approved, We will notify You and Your User ID and password will be activated. You may be subjected to a verification procedure prior to approval of registration.

4.6 You agree to only use your User ID and password on behalf of the business or company that you represent, as indicated during the registration.

4.7 You will be responsible for the confidentiality and use of Your User ID and password, and You will be held solely responsible for all communications made through the Site using your User ID and password whether or not authorized by You.

4.8 You will notify Us immediately upon becoming aware of any unauthorised access to or use of the Site and agree that We shall not be responsible to You nor shall You be entitled to make any claim, demand or request for compensation from Us in respect of any loss or damage suffered by You as a result of any unauthorised access to and/or use of Your User ID and password.

4.9 You agree that you will not:

    a. Use the Site for any fraudulent or unlawful purpose.
    b. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
    c. Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that We endorse any statement You make.
    d. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks.
    e. Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment.
    f. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
    g. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
    h. Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site.
    i. Frame or mirror any part of the Site without Our prior express written consent.
    j. Create a database by systematically downloading and storing Site content.
    k. Use any manual or automatic device in any way to rather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our prior express written consent.
    l. post, upload, transmit, distribute, store, create or otherwise publish through the Site:
      i. any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
      ii. content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
      iii. spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
      iv. content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
      v. content that, in the Our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Site or which damages Our image or rights, other users or third parties.

4.10 You warrant at all times that:

    a. You are of sufficient legal capacity to enter into binding contracts and Transactions.
    b. All information provided by You to Us is true and correct.
    c. You have valid legal permits, approvals, licenses and authorisation as may be necessary for the goods and/or services You are providing, complying with all applicable laws regarding the handling, export, transmission or other related technical information and data and regulations of all relevant taxing or regulatory authorities.
    d. You are not prohibited by any applicable government authority or agency.
    e. Any information, representation or material submitted by You will not infringe any third party’s copyright, patent, trademark, or other intellectual property rights; any material, data or information You provide or submit to the Site will not contain any virus, worm or other code designed to delete, corrupt, expropriate data or other disrupt system operability.
    f. You will not engage in activities which cause or are intended to cause undue system overload or material degradation of Our computer system resources.
    g. You will maintain the security and confidentiality of your password upon registration and to use the same only for the purposes contemplated by these Terms of Use.

4.11 We do not control, take responsibility for or assume liability for any content posted, stored or uploaded by you or any person or third party, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to do so at your own risk.

5. Fees and Charges

5.1 Unless otherwise agreed by separate written agreement(s) with TENDERBOARD PRIVATE LIMITED, all fees and charges in connection with the use of the Site and/or services of TENDERBOARD PRIVATE LIMITED will be payable by You to TENDERBOARD PRIVATE LIMITED.

5.2 You agree that TENDERBOARD PRIVATE LIMITED will not be responsible for any payments, fees, costs or taxes associated with any Transactions between a Buyer and Supplier.

5.3 You shall be responsible for determining whether taxes are payable in respect of the Transactions under any applicable law and acknowledge that We are not liable nor should We be held responsible for paying, collecting, reporting or remitting any payment of taxes arising from any Transactions.

6. Disclaimer

6.1 Information on the Site is provided on an “AS IS” basis.

6.2 We will use reasonable efforts to ensure that the Site is at all material times available for use. You understand and agree that use of the Site and/or services of TENDERBOARD PRIVATE LIMITED are provided on an “AS AVAILABLE” basis without any guarantee or assurance that such use or access thereto will be uninterrupted, continuous or error-free.

6.3 We do not warrant or represent that the information on the Site or that the software is free from errors or omissions, and further make no representation, conditions or warranties whether express or implied, including any implied warranties, of satisfactory quality, completeness, accuracy or fitness for a particular purpose.

7. Third Party Websites

7.1 The Site may contain links to other websites and online resources that are not controlled by us. We are not responsible for and do not endorse or accept any responsibility for the contents or use of these external sites or resources. Your use of these external sites or resources is at Your own risk.

7.2 You may create a link to this Site, provided that the link is fair and legal and:

    a. The link is not presented in a way that is misleading or could suggest any type of association, approval or endorsement by us that does not exist.
    b. The link is not presented in a way that is harmful to our reputation or the reputation of any of our affiliates.
    c. You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.

7.3 We reserve the right to require You to immediately remove any link to the Site at any time and You shall immediately comply with any request by us to remove any such link.

8. Copyright

8.1 Some Tenders information on this Site is compiled from third party sources. We provide a link to these third party sources and do not own any copyrights, trademarks and other intellectual property rights of these information.

8.2 If you believe any material available via the Site infringes a copyright you own or control, you may file a notification of such alleged infringement with Us by sending an e-mail to the following email address: ken@tenderboard.biz

8.3 In the notification, you should identify the URL containing the materials that you believe to infringe a copyright you own or control and should also provide the sufficient supporting materials to show that you own or control the copyright on which basis you submit the notification. If you are authorized by the owner of the copyright to submit the notification, you should also provide the sufficient supporting materials to show such authorization. We reserves the right to require you to provide additional supporting materials as we consider appropriate in our sole discretion. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

8.4 All copyrights, trademarks and other intellectual property in/of the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content (other than those specified in 8.1) made available on the Site are owned by us and our licensors. With the exclusion of allowable use for research or private study purposes under applicable copyright laws or for the sole purpose of casual web browsing of the Site, no part of this Site may be reproduced, distributed or modified in whole or in part in any manner whatsoever by any medium without the written consent of TENDERBOARD PRIVATE LIMITED.

8.5 You are granted a limited, non-sublicensable license to access and use the Site and You may not include: (a) any resale or commercial use of the Site; (b) the collection and use of any listings, pictures or descriptions; (c) modifying or otherwise making any derivative uses of the Site, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Site other than for its intended purpose. Any use of the Site.

8.6 Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

8.7 The TenderBoard name and logo are Our trademarks. All other trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise Our property. You may not use any of Our trademark, service mark, domain name, logo, company name, trade name or indicia of origins or any third party without Our permission. All rights not expressly granted are reserved.

9. Limitation and Exclusion of Liability

9.1 We provide the site on an “AS IS” basis and make no representations as to the quality, completeness of any content made available on the Site. To the maximum extent permitted by law, We expressly exclude:

    a. All conditions, warranties and other terms that might otherwise by implied by law into these Terms of Use.
    b. Any and all liability to You, whether arising under these Terms of Use or otherwise in connection with Your use of or inability to use the Site and/or services of TENDERBOARD PRIVATE LIMITED, unauthorised access to or alteration of your data or data transmissions or any other matter in connection with access or use of the Site and/or services of TENDERBOARD PRIVATE LIMITED.

9.2 The foregoing is a comprehensive limit of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of business, business interruptions, loss of business information, income or profit, loss of or damage to property and claims of third parties whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance on any information obtained from or displayed by Us and Our designees, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Our Site, records, programs or services.. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights You may have as a consumer under Singapore law or statutory rights, which may not be excluded, nor in any way to exclude or limit (Site owner) liability to You for death or personal injury resulting from our negligence or that of our employees or agents.

9.3 In no event (but subject to the maximum extent permitted by applicable law) shall Our aggregate liability and Our officers, directors, employees, shareholders or agents, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to Us for access to or use of the Site during the six month period immediately prior to the event giving rise to such liability.

10. Indemnification

10.1 You agree to indemnify, defend and hold harmless TENDERBOARD PRIVATE LIMITED, its directors, officers, employees, assigns and affiliates from and against any and all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable legal fees (collectively "Liabilities"), that may at any time be incurred by reason of any third party claim:

    a. Arising out of or relating to Your breach or alleged breach of this Terms of Use.
    b. Based upon any claim in connection with any goods or services which You purchase, supply or offer to purchase or supply (including without limitation changes in contracted prices, alleged errors, omissions or misrepresentation therein).
    c. Arising out of any software virus or other software code of a destructive nature transmitted by You.
    d. Arising from any act or omissions in connection with a Transaction You enter or propose to enter into (including without limitation any dispute, non-payment or other contractual failure by You to complete such Transaction).
    e. Arising from any tax, duties, excise or licence fee liability in connection with a Transaction You enter or propose to enter into.

11. Confidentiality

11.1 You agree to preserve the confidentiality of and not to disclose any Confidential Information obtained from the Site and not to permit the disclosure of Confidential Information to any unauthorised parties at all times. You will undertake to ensure that disclosure of any Confidential Information to Your representatives is on a strictly “need to know” basis and in furtherance of Your obligations under these Terms of Use, shall enter into written confidentiality undertakings to protect unauthorised disclosure of the Confidential Information upon terms equivalent to this provision and you shall use their best endeavours to minimise the risk of accidental disclosure of the Confidential Information to persons who are not entitled to be made aware of it.

11.2 The receiving party acknowledges that no representation or warranty as to the accuracy or completeness of the Confidential Information.

11.3 The receiving party acknowledges that damages may not be a sufficient remedy for any breach of this Agreement and the disclosing party is entitled to specific performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach by the receiving party, in addition to other remedies available at law.

11.4 The receiving party shall, immediately on demand by the disclosing party:

    a. return or destroy all Confidential Information and other material which record, contain or relate in any way to the Confidential Information (including all copies thereof) which were provided to, obtained by, prepared or made by or for or on behalf of the receiving party;
    b. delete entirely and permanently all of the Confidential Information from every computer disk or electronic storage facility of any type owned or used by the receiving party; and
    c. despite anything else in this Agreement, cease to make use of the Confidential Information or any part of it.

11.5 The obligation of confidence imposed on the receiving party is a continuing obligation and will continue even after the termination or expiration of these Terms of Use.

12. Collection of Your Data

12.1 We may collect and use information about You in accordance with our Privacy Policy. This information includes those supplied by You at registration as well as through Your use of the Site.

13. Duration of Terms

13.1 These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate Your access to or use of the Site. If We terminate your access to the Site, You will not have the right to bring claims against Us or Our affiliates with respect to such termination. We and Our affiliates shall not be liable for any termination of Your access to the Site.

14. Disputes

14.1 TENDERBOARD PRIVATE LIMITED will not involve itself in any private dispute between Buyers and Suppliers whether or not arising out of a Transaction. Any valid dispute raised by You directly in connection with TENDERBOARD PRIVATE LIMITED will be first addressed by Us in good faith. Failing any resolution with Us, then such dispute or difference shall be referred to and finally resolved by arbitration in Singapore. The arbitration shall be conducted in English.

15. Delay or Force Majeure

15.1 TENDERBOARD PRIVATE LIMITED will not be liable for any failure or delay arising from events beyond Our control, including but not limited to, acts of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, telecommunication or public utility disruption or failure, industrial disputes of any kind (whether or not involving Our employees), failure of equipment, bugs, viruses, accidents, material shortages, explosion, subsidence, inclement weather, acts or omissions of persons or bodies for whom We are not responsible or any other cause outside Our control.

16. Notices

16.1 Any notice, request, waiver, consent or approval shall be in writing in the English language and shall be deemed to have been duly given or made when it is delivered by hand, by registered mail, facsimile or by electronic mail (as the case may be) to Your respective registered notification address provided by You to TENDERBOARD PRIVATE LIMITED. Except where otherwise provided under these Terms of Use, notices shall be deemed duly served and given immediately if by hand; two (2) days after postage, if by registered mail; upon transmission, if by confirmed facsimile; and upon transmission with no returned receipt failure message, if by electronic mail.

17. Governing Law

17.1 These Terms of Use will be governed by and construed in accordance with the laws of Singapore, and the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

18. Waiver

18.1 Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by these Terms of Use.

19. Termination

19.1 Notwithstanding any of these Terms of Use, We reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and your account and to block or prevent your future access to, and use of, the Sites.

20. Severability

20.1 If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

21. Contact Us

21.1 Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites. You may contact us at: ken@tenderboard.biz