UNGM Terms and Conditions

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:

Materialsincludes:

- 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 Datameans 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 Formmeans 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.

Subscribermeans any UNGM User who subscribed to the Tender Alert Service.

Subscription Agreement to the TASrefers 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.

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

UNGM Organizations or its UN Affiliatesmeans 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.

Usermeans 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 tocomply with the present UNGM Terms and Conditionswith respect to the use of UNGM website, an Internet service of the United Nations, and associated Services.

2.2. Individual Users must be18 years or olderto register on the Site.

2.3. The rights and obligations concerning the use of the Site and its Services arepersonal 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 tobe 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, tomake 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 abinding acceptanceby 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 personwith the intent to impersonate that person;

(ii)use a name subject to the rights of any other personwithout authorization; or

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

4.2. UNGM does not want to receiveconfidential or proprietary informationfrom 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 forprotecting 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 mustnotify UNGM immediately of any known or suspected unauthorized useof their Username, Password or TAS account, or any known or suspected breach of security, 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 theUser will be solely responsible for ensuring that any use of their account compliesfully 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 disseminatedin 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[email protected].

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 therates 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[email protected].

6.2. By submitting the TAS Subscription Form, the Subscriber warrant that he/she has all thenecessary 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 aninitial 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 thatany use of their TAS account complies fully with the Subscription Agreement to the TAS.

6.5. The Subscriber shall notassign, transfer, pledge or make other disposition of this Subscription Agreement to the TASor 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 andshall not use it for purposes that are prohibited by any applicable law or regulation.

6.7. The Subscriber shallnot access (or attempt to access) the TASby any means other than through the interface that is provided by UNGM

6.8. The Subscriber shallnot 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 shallnot 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 timewithout 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, alltext, 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. TheMaterials relating to procurement opportunitiesfrom the United Nations organizations and its partners available on the Site iscopyrighted 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, andthe 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. Allintellectual 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 shallremain 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 alluse 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 mayimprove, 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, andhyperlinks provided through the Site and located on other Sitesthroughout 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. TheTAS 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 willmeet the their requirements;

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

9. Limitation of Liability and indemnification

9.1. NeitherUNGM 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 theServices or Materialsor the UNGM (regardless of whether the User received any assistance from UNGM in using the Services);

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

(d) Theunavailability or interruptionof the Services or the UNGM or any feature thereof or any Materials;

(e) Any permanent or temporarycessationin the provision of the Services or the UNGM (or any features therein);

(f) Thedeletion of, corruption of, or failure to store, any Materialsand 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 withaccurate account information;

(h) The User’s failure to keep itspassword or account detailssecure and confidential; and/or

(i) Anydelay or failure in performance by UNGM.

9.2. Accordingly, neitherUNGM nor its UN Affiliates shall be liable for any incidental, special or consequential damages or for any loss of business or profitswhich 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 advisedof 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 datawhich 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 damageof any kind (whether involving negligence or otherwise).

9.4. The User acknowledges and agrees thatthe delivery system used for the Site (i.e., the Internet, the World Wide Web) is unpredictableand 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 andagainst 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 shallextend to claims and liability arising out of the use of copyrighted Materials and other intellectual propertyby 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 theresponsibility 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 willtake effect when the User submits the Registration Formand 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 UNGMif the User is sanctionedby 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 particularif 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 justificationtherefore, 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 mayterminate their TAS account at any time by sending an e-mail to[email protected].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 bygiving three (3) days’ advance written notice to UNGMif 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 withinseven (7) days after the date the Subscriber received notice of a change of the Terms and Conditionsof 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 suchsanction, Users cannot unilaterally terminate their registrationto 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 withinternational standards.

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

14.2.1. obtained and usedfairly and legitimately;

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

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

14.2.4.accurate and kept up to datewhere required;

14.2.5. keptin a form that permits identificationof 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 toreasonable security safeguards and processed in a manner that ensures appropriate security 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. Theuse of all Data,by Users of the Site is restricted exclusively to thepurpose of this Internet service of the United Nations, including the TAS.

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

14.5. TheUser shall be responsible for providing timely and accurate informationabout 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 tosend e-mails to Subscribers for the purpose of informing them of changes or additionsto 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. TheUser may serve a notice on UNGM,by sending it by e-mail to [email protected].UNGM may serve a notice on the Userby 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, theUser agrees to the dissemination to and the processing of their Personal Databy 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, shallthis 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 awaiver, express or implied,of any of the privileges and immunities of UNGM or its UN Affiliates.

16. Settlement of disputes

16.1. Theparties 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 anagreed 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.

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