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OptiProcure.com web page General Conditions

GENERAL

Registering on the web page www.OptiProcure.com users affirm to agree with all provisions and to accept all conditions as stipulated by the web page OptiProcure.com General Conditions. If users do not agree with the provisions and the conditions, entering the application is denied.

Service conditions can be time to time updated. Running the web page OptiProcure.com after the modification of the provisions and/or the conditions indicates the compliance with the modifications.

Users affirm to the owner of the web page OptiProcure.com not to use the web page for activities that are contrary to EU regulations in force.

Following terms stand for:

Buyer: is a legal or a natural person that advertises on the web page www.OptiProcure.com an invitation to tender (reverse auction) as open solicitation of the bids for the most competitive provision of goods and/or services.

Bidder: is a legal or a natural person that submits on the web page www. OptiProcure.com an offer to contract for the provision of goods and/or services.

Reverse Auction: is an invitation to tender as open solicitation of bids with the aim to decrease the starting price of goods and/or services that a buyer wants to purchase.

Tender: means the set of data that characterize goods and/or services that a buyer has the intention to order from the most competitive bidder.

Most Competitive Bidder: is a bidder which meeting all tender conditions stipulated by a buyer offers the lowest bid to contract the provision of goods and/or services.

Service Provider: is OptiProcure d.o.o. that administrates the web page www.OptiProcure.com, where reverse auction is running.

User: is a buyer and/or a bidder.


GOAL

Reverse auction is designed to support buyer’s procurement process to find goods and/or services at the lowest cost, as well to give opportunity to bidders to find a client for their goods and/or services. With reverse auction users cut costs and economize the time needed for the market research.


FINANCIAL CONDITIONS

To advertise a tender and to conduct the reverse auction is payable service.


LANGUAGE OF THE WEB PAGE

The web page www.OptiProcure.comis developed in Slovene and English language. Selected language is also the language of the communication between the service provider and the users.


REGISTRATION

The web page service can be used only by registered users consequently, to make use of service a user has, first, to register itself. In addition to the registration a user has to have active electronic address where the mail is checked regularly (once per day at least).

When registering, a user has to complete all windows marked as compulsory and to enter true, complete and correct data along with the user name and the password. Stating false data results in excluding and banning a user to utilize the web page www.OptiProcure.com.

The service provider will assess the registration in good faith and will timely advise a user regarding registration’s endorsement or rejection. The service provider may whenever to reject the registration or the use of service on the bases of its own judgment and without explanation.

Each user can have only one user name (e-mail address) and a password. A user commits itself that it will treat the password as business confidential information and that only authorized person will use the password. Passing on or selling the user name or the password is prohibited. Users have to safe-keep their password and to change it time to time. Users agree that they are fully responsible for advertised data entered into at registration with their user name and password despite somebody misuse their user name and/or the password.

Users are committed not to advertise on behalf of somebody else or third person.


LANGUAGE OF ADVERTISING

Tenders and bids are advertised in the language selected by a buyer. A buyer may select additional language which translation has to provided itself.


ANONYMITY

Anonymity during the process of the reverse auction is essential for the success of the auction. Bidders participating in the process of the reverse auction are anonymous, a buyer only when it is so agreed in advance. The service provider reveals to a buyer the information regarding the most competitive bidder only when the reverse auction is completed. Not only the service provider as well users are obliged to keep and to guarantee the anonymity. The service provider is entitled to act legally against everyone who is suspected to breach the rule of anonymity.


OBLIGATIONS OF USERS

Users of the web page www.OptiProcure.comare bound to, that:

• their textual and pictorial data and documents are correct and that will not advertise purchasing of goods and/or services for which advertising is forbidden by legislation or praxis;

• they will not advertise purchasing of goods and/or services which are inhumane, unjust or unacceptable on ethnic, religious, political, racial or social grounds;

• will not replicate or copy the contents of other users;

• will not advertise the requirements that are in conflict with rules and regulations in force;

• will not install and publish links to the files that contain viruses, damaged files, or whatever programs or contents that can destroy or damage the software of www.OptiProcure.com web side or of other users;

• will protect the service provider against whichever requests by third person to which damage was caused or it was affected by a user because of the violation of rights of third person or regulations in force in Republic of Slovenia;

• will take part at all legal and other cases to defend the service provider and not to do in connection to these cases anything against the interest of the service provider;

• will inform in time the service provider concerning all requests of third person and other information, which could refer to the service provider, stemming from the violations of the web pages by a user;

• will not accept bids outside the reverse auction, including from their current supplier.

In the case when criminal offence is suspected or the advertisement morally is not acceptable, the service provider will reject the advertisement without preliminary warning and will report the case to adequate governmental authority.


PROTECTION OF PERSONAL DATA

The service provider is aware of the sensibility and importance of data related to users and their information. Therefore, the service provider is assuring privacy of collected data and the treatment of data in line with Act on Personal Data Protection (ZOVP-1).

Each user of the web page www.OptiProcure.comaccepting General Conditions grants the authorization to use and to process provided data to run the web page and to send e-mails. The service provider is obliged to use data only for the cause they were compiled for. The service provider will handle and keep user’s data until called of by a user. User’s data are handled and kept the way and for the term in line with specific purpose and legitimate grounds. The service provider, the administrator of personal data, affirms that collected data will not be passed on to the third person exceptionally, if there is a legal liability to do so. The data related to the tender will be kept for one year from the last action by a user, and a user agrees with when registering itself.

Compiled data are used to analyze the usage of the web page. This is the way the usage of the web page can be assessed and important understanding regarding the user’s requirements can be acquired and of assistance to improve the quality of the web page.

Related to the said, so called “cookies” can turn up. These are the databases, which are stored in the computer of a visitor to the web page with the purpose to recognize a visitor at next visit to the web page. To this extend databases contribute to assess the usage. “Cookies” can be rejected or deleted with corresponding setting of the browser however; it can happen that it will not be possible to use all functions of the web page.

The software also collects and stores some technical data including user’s IP addresses but in no case stores personal data which are behind the data. It is also not possible to connect those data with other personal data provided by users.

Using the web page a user agrees with above mentioned practice.


CLOSING REVERSE AUCTION

If a buyer does not stipulate differently in tender conditions, reverse auction is considered as an invitation to tender where a buyer has no obligation to enter into a contract with the bidder, which offered the lowest price. Consequently, a buyer’s invitation to tender has the aspect (legal essence) of an open solicitation of legally binding offers.

A bidder has to supply goods and/or services as per specification or as described in a tender, at the price offered.


SERVICE PROVIDER’S RIGHTS

The service provider may when it considers it is necessary to and because of whatever reason and for time required, without preliminary advice, to discontinue the web page www.OptiProcure.com.

The service provider has the right to temporary or permanently reject or remove, partially or entirely, the advertisement or to prevent further running of the service because of legal, technical, businesslike or other reasons without any notification and without any responsibility to a user.

The service provider reserves the right to change the conditions of the process whenever and in any way, regardless the reason and without preliminary notice.


LIMITATIONS AND EXCLUSIONS OF SERVICE PROVIDER RESPONSIBILITY

The service provider is not responsible for adequacy, precision, reality and content of data advertised by a users and for any kind of indirect or direct damage, material or nonmaterial, including to fail to benefit from potential profit (later on: damage). Regarding actual data, incorporating documents, pictures, links, texts and damages that can arise from these data, the sole responsibility lies with a user, which advertised information.

The service provider is not responsible for any damage, which can arise from using the web page, or its services, not to be able to use the web page or its services, the interruption of access, not advertised or deleted data. The service providers not responsible for functional defects of the web page and for unfavorable result using the web page. The contents and the functions of the web page are offered, 'as they are', without any other warranty. Users agree to use the web page solely on their responsibility.

The service provider is not responsible for the misusage of a user name and/or a password however, when the service provider notices the misusage, it will inform a user regarding the misusage and it will take adequate action in line with its possibilities. In the case when governmental authority proves that a user name and/or a password of whichever user were misused, entire bidding process is cancelled.

When on the web page there are links to other web pages or databases, which have no connections at all with the service provider, the latter is not responsible for any damage, which can be generated from using those web pages or databases.

Consideration the handling of the web page application and/or services, and taking into account technical capability of the service provider, the latter will do all to assure the secrecy and security of data. For potential hack into the web page, the service provider is not liable for.

The service provider does not supervise and is not committed to monitor the contents, which are placed on the web page by users.

Service Provider does not ensure, is not responsible and does not supervise that Bidders will supply goods and/or services, the item of the Request for Quotation, and Buyers will conclude the contract for the supply of goods and/or services with Most Competitive Bidder after the reverse auction is closed.

The service provider does not ensure, is not responsible and does not supervise that bidders will supply goods and/or services, the item of a tender, and that buyers will enter into a contract for the provision of goods and/or services with the most competitive bidder.

The service provider has no liability associated with disputes among users. All disputes generated from advertising on the web page www.OptiProcure.com have to be resolved among users solely.


AUTHOR’S RIGHTS

The web page www.OptiProcure.com is author’s creation protected in accordance with Act on Author’s and Related Rights (Official Gazette RS, No. 94/2004 and annexes). In the case of any permitted use of the contents of the web page, all hallmarks of author’s rights, industrial property rights and other notices and warnings have to be kept. The content of the web page www.OptiProcure.com is protected by author’s rights consequently, copping, using whichever part of the web page including the data provided by users and incorporating it into another web page without the authorization of the administrator of the web page, is prohibited. Users entering data on the web page, transfer material author’s rights related to entered data to OptiProcure d.o.o.by time and by territory unlimited.

A user of www.OptiProcure.com has to follow Act on Electronic Operations on Market (Official Gazette RS, No. 61/2006 and annexes) and Act on Electronic Operations and Electronic signature (Official Gazette RS, No. 57/2000 and annexes).


RESOLVING DISPUTES

General Conditions are read in accordance with Slovenia legislation. For all disputes related to General Conditions and disagreements generated from and/or on account of the web page www.OptiProcure.com, the court of Ljubljana, Slovenia, is in charge of.

OptiProcure d.o.o.
Ravbarjeva ulica 9A
1000 Ljubljana
Slovenia


I declare that I read General Conditions and I agree with them entirely.

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