1.1. These terms of service (the ‘Website Terms of Service‘), together with the additional documents referred to within (collectively, the ‘Terms’), govern your access to, and use of, our website, www.Bidstack.com and related services (the ‘Website’). Separate terms are in force for use of the Bidstack Platform. Use of our Website and the use of any software, tools, information, text, graphics, photos, or other materials (collectively referred to as ‘Content’), or otherwise appearing on the Website includes, but is not limited to, accessing, browsing, or registering to use the Website in any way.
1.2. These Website Terms of Service apply between you, the user of the Website (the ‘User‘), and Bidstack Ltd, the owner and operator of this Website (hereinafter collectively referred to as ‘We’, ‘Us’, and ‘Our’). Please read these Website Terms of Service carefully before using our Website. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. Your agreement to comply with and be bound by these Website Terms of Service is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.3. In these Website Terms of Service, User or Users means any third party that accesses the Website, whether or not as a registered User, and is not either (i) employed by Bidstack Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Bidstack Ltd and accessing the Website in connection with the provision of such services.
2. Accessing Our Website
2.2. By accessing our Website, you confirm that:
2.2.1. You accept and agree to comply with these Terms;
2.3. Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend access to our Website or any services we provide without notice.
2.4. We do not guarantee that our Website, or any content within, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
2.5. You are responsible for making all arrangements necessary for you to have access to our Website.
2.6. You are also responsible for ensuring that all persons who access our Website through your internet connection or account or on your behalf are aware of the Terms and other applicable terms and conditions, and that they comply with them.
3. Using our Website
3.1. You may use our Website only if you can form a binding contract with us, and only in compliance with the Terms and all applicable laws.
3.2. If you open an account on behalf of a company, organisation, or other entity, then:
3.2.1. ‘you’ includes you and that entity; and
3.2.2. you represent and warrant that you are authorised to grant all permissions and licences provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
3.3. We may suspend or stop providing our Website to you if you do not comply with our terms or policies, or if we are investigating suspected misconduct. We retain the right not to provide any explanation or justification for such at the sole discretion of Bidstack Ltd.
4. Intellectual property and acceptable use
4.1. In the Terms, ‘Content’ refers to any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Website. By using and continuing to use the Website you acknowledge that copyright, trademarks, database rights and other intellectual property rights and laws protect such Content. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
4.2. We are the owner or licensee of all Intellectual Property Rights in our Website and in the Content published on it. The Intellectual Property Rights in our Website and Content are protected by laws and treaties around the world and all rights are reserved by us.
4.3. Our Website displays some Content that is not ours (‘Third Party Content‘). This Content is the sole responsibility of the entity that made it available. We may review Content to determine whether it is illegal, or violates our policies. With the exception of Third Party Content, all copyright and other intellectual property rights relating to the Website are owned by us or our licensors and your use of the Website does not give you any right to use such copyright and other rights except that we grant you a temporary licence for the sole purpose of using the Website in accordance with these Terms.
4.4. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or endorse any opinions expressed via the Website. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, messaged, transmitted or otherwise made available via the Website or broadcast elsewhere.
4.5. Using our Website does not give you ownership of any intellectual property rights in our Website or the Content you access. You may not use Content from our Website unless you obtain permission from the relevant owner or are otherwise permitted by law. We grant you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited right to access, retrieve and display our Website and its Content on a computer screen, tablet or smartphone. You may only use the Website for your personal use, and you are prohibited from using any illustrations, photographs, video, audio or graphics separately from any accompanying text.
4.6. Other than as set out at Clause 04.5, you may not use, copy, reproduce, upload, post, modify, transmit or mirror on another website or in any other media, distribute or create derivative works of our Website or any Content. Other than set out at clause 4.5, we do not grant you any rights or licenses to use our Website or any Content. These terms do not grant you the right to use any branding or logos used in our Website. You are prohibited from removing, obscuring, or altering any legal notices displayed in or along with our Website. Except as specifically provided herein, we reserve all rights to the Website and Content.
4.7. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written prior permission of Bidstack Ltd.
5. Prohibited Use
5.1. You may use our Website only for lawful purposes. You may not use our Website:
5.1.1. in any way that breaches any applicable local, national or international law or regulation;
5.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.1.3. for the purpose of harming or attempting to harm others in any way;
5.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (spam);
5.1.5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2. You also agree:
5.2.1. not to reproduce, duplicate, copy, reverse engineer or re-sell any part of our Website in contravention of these terms.
5.2.2. Not to access without authority, interfere with, damage or disrupt:
188.8.131.52. Any part of our Website;
184.108.40.206. Any equipment or network on which our Website is stored;
220.127.116.11. Any software used in the provision of our Website; or
18.104.22.168. Any equipment or network of software owned or used by any third party.
5.2.3. You may not use the Website for any of the following purposes:
22.214.171.124. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
126.96.36.199. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
188.8.131.52. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner; and/or
184.108.40.206. in any way which would interfere with our Website, including attempts to access them using a method other than the interface and instructions that we provide.
5.2.4. Furthermore, and without limiting the foregoing, you may not modify, interfere with, enhance, remove or otherwise alter in any way any portion of the Website; any of the underlying technology; or any digital rights management mechanism, device or other content protection or access control measure incorporated into the Website. This restriction includes, without limitation, disabling, modifying, reverse engineering, cloning or copying, interfering with or otherwise circumventing the Website in any manner.
6. Suspension and Termination
6.1. We will determine, at our discretion, whether there has been a breach of the Terms through your use of our Website. When a breach has occurred, we may take such action as we deem appropriate.
6.2. Failure to comply constitutes a material breach of the Terms, and may result in our taking any of the following actions:
6.2.1. Immediate, temporary, or permanent withdrawal of your right to use our Website;
6.2.2. Immediate, temporary, or permanent removal of any posting or material uploaded or downloaded by you to our Website;
6.2.3. Issue of a warning to you;
6.2.4. Bringing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
6.2.5. Further legal action against you; and/or
6.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.3. We exclude liability for actions taken in response to breaches of the Terms. The responses described herein are not limited, and we may take any other action we reasonably deem appropriate.
7. Linking to our Website
7.1. Our Website may not be framed on any other site.
7.2. We will not be responsible, or liable to any third party, for any Content shared by you or another User of the Website. We shall not be liable for any loss or damage occasioned by, or as a result of, any Content shared by you or another User.
8.1. We do not guarantee that our Website will be secure or free from bugs or viruses.
8.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
8.3. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack (a ‘DDoS’ attack). By breaching this provision, you 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 identify to them. In the event of such a breach, your right to use our Website will cease immediately.
9. Availability of the Website and Disclaimers
9.1. Any online facilities, tools, services or information that we make available through the Website are provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We are under no obligation to update information on the Website.
9.2. Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard; and all Users take responsibility for their own security, that of their personal details and their computers.
9.3. We accept no liability for any disruption or non-availability of the Website.
9.4. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products available. These terms and conditions shall continue to apply to any modified version of the Website unless expressly stated otherwise.
10. Modifying and Terminating our Website
10.1. You can stop using our Website at any time.
10.2. We are constantly changing and improving our Website. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
10.3. We believe that you own your data, and preserving your access to such data is important. If we discontinue the Website or a service within, where reasonably possible, we will give you reasonable advance notice and a chance to get information from the Website or service.
11. Our Warranties and Disclaimers
11.1. We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, there are certain things that we do not promise about our Website.
11.2. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BIDSTACK LTD, ‘BIDSTACK.COM’, OR OTHER AFFILIATES, NOR ITS GROUP, SUPPLIERS OR DISTRIBUTORS, MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BIDSTACK LTD NOR ITS PARENT COMPANY, BIDSTACK GROUP PLC, NOR ANY OF THE MANAGERS, EMPLOYEES, OFFICERS OR AGENTS (COLLECTIVELY, ‘BIDSTACK PARTIES’) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BIDSTACK.COM. IN ADDITION, THE BIDSTACK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
11.4. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
11.5. THE BIDSTACK PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OF CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
12. Limitation of Our Liability
12.1. Nothing in the 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.
12.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our Website or any Content therein, whether express or implied.
12.3. We will not be liable to any User 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:
12.3.1. use, or inability to use, our Website; or
12.3.2. use of or reliance on any Content displayed on our Website.
12.4. If you are a business User, please note that in particular, we will not be liable for:
12.4.1. any loss of profits, sales, business, or revenue;
12.4.2. business interruption;
12.4.3. loss of anticipated savings;
12.4.4. loss of business opportunity, goodwill or reputation;
12.4.5. any indirect or consequential loss of damage;
12.4.6. loss or corruption of any data, database or software; or
12.4.7. any special, indirect or consequential loss or damage.
12.5. If you are a consumer User, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for:
12.5.1. any loss of profits, sales, business, or revenue;
12.5.2. business interruption;
12.5.3. loss of anticipated savings;
12.5.4. loss of business opportunity, goodwill or reputation;
12.5.5. any indirect or consequential loss of damage;
12.5.6. loss or corruption of any data, database or software; or
12.5.7. any special, indirect or consequential loss or damage.
12.6. 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, smart phone or other mobile device, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
12.7. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.
12.8. We are not responsible for, and make no representations or warranties in relation to, the delivery of any Content or information sent through our Website to anyone. In addition, we neither warrant nor represent that your use of our Website will not infringe the rights of third parties. Any material, service, or technology described or used on the Website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
12.9. Our Website does not bear any obligation to verify the identity of the persons subscribing to the Website, nor do they have any obligation to monitor the use of their Website by other Users of the community; therefore, we disclaim all liability for identity theft or any other misuse of your identity or information.
12.10. We do not guarantee that the Website will function without interruption or errors in functioning. In particular, the operation of the Website may be interrupted due to maintenance, updates, or systems or network failures, we disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, we disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of our Website due to inappropriate equipment, disturbances related to internet service providers, to the saturation if the internet or mobile network, and for any other reason.
12.11. We make no warranty or representation and disclaim all responsibility and liability for:
12.11.1. The completeness, accuracy, availability, timeliness, security or reliability of the Website or any Content;
12.11.2. Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any Content;
12.11.3. The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website; and
12.11.4. Whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
12.11.5. No advice or information, whether oral or written, obtained from our entities or through the Website, will create any warranty or representation not expressly made herein.
12.12. UNDER NO CIRCUMSTANCES WILL THE BIDSTACK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE; (B) THE CONTENT THEREIN; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF, THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BIDSTACK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BIDSTACK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WITH THE BIDSTACK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12.13. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE BIDSTACK PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE BIDSTACK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE OR OTHER CONTENT OWNED OR CONTROLLED BY BIDSTACK PARTIES.
12.14. NO BIDSTACK PARTY IS RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
13.1. You may not transfer any of your rights under the Terms to any other person without our prior written consent. However, we may transfer our rights and obligations under these Terms between you and us to another organisation, but this will not affect your or our rights or obligations under these Terms. We will notify by posting on our Website if this happens.
13.2. The Terms may be varied by us from time to time. Such revised Terms will apply to the Website from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version. Changes, if relevant, will not apply retroactively. Specifically, changes addressing new functions for a Website or changes made for legal reasons will be effective immediately. Your continued use of the Website implies acceptance of the updated Terms, thereof.
13.3. Each of the clauses and sub-clauses of these Term operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses and/or sub-clauses will remain in full force and effect.
13.4. The Terms control the relationship between Bidstack Ltd, ‘Bidstack.com’, our group company, Bidstack Plc, and any other relevant affiliates of the above, and you. They do not create any third-party beneficiary rights. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms, and no third party will have any right to enforce or rely on any provision of the Terms.
13.5. If you do not comply with these Terms, and we do not take action right away, this should not be construed to mean that no action will be taken in the future, nor that we are giving up any rights that we may have accrued.
13.6. The Terms together encompass the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions of use.
13.7. If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
13.8. The Terms, and any subsequent litigation, will be governed by and interpreted according to English law. All disputes arising under the Terms will be subject to the exclusive jurisdiction of the English courts.
14. Bidstack’s Details
Bidstack Limited is a company incorporated in England and Wales with registered number 09835625, whose registered address is 201 Temple Chambers, 3-7 Temple Avenue, London, EC4Y 0DT, who own and operate the Website www.Bidstack.com.
Bidstack Group Plc is a company incorporated in England and Wales with registered number 04466195, whose registered address is 201 Temple Chambers, 3-7 Temple Avenue, London, EC4Y 0DT.