Terms & Conditions

 
Costdriver Ltd Business Terms and Conditions
 
1 Introduction
1. Costdriver Ltd provides B2B and B2C online negotiation software and operates a web site at www.costdriver.co.uk, which provides a secure reverse auction service between participants and hosts.
2. Costdriver send out requests for participation through a secure platform and participants can access the platform and participate in an online negotiation event by submitting bids
3. The Costdriver platform is to be used as a negotiation tool to find the market price. The subsequent activities and placement of contracts or supply of goods or services and payment collection is solely the responsibility of the host.
4. By registering with Costdriver, the host and participant agree to be bound by the following Terms of Service
 
2 Nature of the Service
1. The Users agree to ensure that their registration details are correct and to update details when necessary.
2. Participants will not be charged for either registration or to participate in an event.
3. Registered Hosts will be charged as per the terms and conditions that are set out in their contract with Costdriver Ltd.
4. The users are solely responsible for keeping their personal username and password secure and confidential. The license shall be tied to a specific user via their e-mail address, log in and contact details. It is strictly forbidden for log in details to be shared within and or external to an organisation, as this could represent a serious breach of security and might lead to significant risks to all parties.
5. At the event, the Participants will submit bids on the basis of the terms of the event. The host is responsible for the criteria set out in the specification document that they have authorised Costdriver to use. By bidding to supply or buy a product or service the Participant agrees that it meets the criteria as set out in the request by the host. Such bids constitute a legally binding offer by the participant capable of acceptance by the Host
6. The Participant will not be able to withdraw a bid (unless expressly allowed by the Host). Any attempt to do so may constitute a breach of contract and a Host may take legal action against the Participant. In such circumstances Costdriver shall have the right to terminate the Participant’s registration and use of the web site and the Host can eject the Participant from the event.
7. The final selection of a Participant is a matter for the Host. There is no obligation to place a contract or supply, the decision is solely down to the Host.
8. The communications between the Host and Participant post the event are not the responsibility of Costdriver. It is the responsibility of the Host and Participant to enter into any post event contract as they agree between themselves. It is the Hosts responsibility to agree terms of business between the Host and the Participant.
9. Costdriver make no guarantees about the goods or services offered by a Host or Participant, nor give any assurances that a Participant will bid at an auction or provide the Host with the products or services or payment. Post an event the Host will need to validate the chosen Participant to satisfy that they are fit for purpose.
10. Costdriver take no responsibility for any pre or post third party data or contracts relating to the negotiation activity. This is a matter strictly between the Host and their selected Participant.
11. The Host indemnifies Costdriver for any claims or liabilities arising from the event, which are directly based on the Host’s information.
12. Unless the event states otherwise, the Host is not obliged to accept any Participant bids and the Event is not legally binding on the Host
13. The Users acknowledge that during the event there may be discrepancies between the Participant’s local time clock and the Costdriver server event time clock, which are outside the control of Costdriver. The Participant should be aware of this and place their bids in a timely manner.
14. Hosts acknowledge that Costdriver may use information from the activities of Hosts on the Web Site for marketing purposes. Costdriver shall only identify Hosts by name if the Host gives their written consent to a written request and no confidential information will be published.
15. By using the software from Costdriver, you are hereby agreeing to the terms of service outlined on the Costdriver website.
 
3 Fees
1. Fees will be agreed with the Host and detailed in the terms of the agreed contract between the Host and Costdriver.
 
 
4 Disclaimers
1. The Host agrees that the Event and any associated material, which Costdriver presents on the Web Site, are on the instruction of the Host and are not representations, actions or statements of Costdriver and are not binding on Costdriver or on any third party, but are representations, actions or statements of the Host.
2 Costdriver is not an agent of the Host and acts exclusively as a facilitator of the Event, enabling Participants and Hosts to come together. Costdriver has no liability in connection with any relationship between the Participant and Host formed as a result of the Event.
 
5 Guarantees
1. Costdriver makes no guarantee as to the credit worthiness, existence, identity or authority of any Users or other person who submits to the Web Site or to other Users. Each User acknowledges that the validity of all such information can never be fully verified and that it is acting at its own risk.
2. Costdriver cannot guarantee that a User’s password will not become available to third parties who do not have authority to act on behalf of the Participant to make Bids or the Host to create or edit Events. Whilst Costdriver has made all reasonable efforts to ensure the Web Site is secure, Users shall bear this risk.
3. The Host acknowledges that any contracts entered into as a result of an event with Costdriver are outside of Costdriver’s responsibility and will indemnify Costdriver for any claims arising from contracts entered upon.
 
6 Host’s Conduct
1. The Host undertakes that it will act in a responsible and professional manner
2. The Host agrees not to manipulate any event and will not use any Participant data except as set out in these terms.
3. The Host agrees to comply at all times with applicable legislation.
4. Costdriver reserves the right to terminate any agreement with a Host that is in breach of this agreement
 
7 Participants Conduct
1. Participants undertake that they will act in good faith at all times in all dealings with Costdriver or other Users and in line with the auction concept whether it is forward or reverse. Participants will only make bids in the Event to which they intend to be bound.
2. Participants will not collude with other Users or third parties in order to manipulate the Event nor will they share pricing information with each other. Users will indemnify Costdriver against all liability arising out of any breach of these terms.
 
8 Liability
1. Costdriver is not responsible for the actions of Hosts or Participants who use this site. The Users should make any complaints or claims they may have relating to any of their activities directly to the person/company concerned.
2. Costdriver shall not be liable to the Host for any indirect or consequential loss from any breach of Costdriver’s obligations under these terms.
3. Costdriver have no liability for any data download from this website or as part of the service. Costdriver do not accept liability for any indirect or consequential loss however caused as a result of any computer virus, bugs or other similar programmes arising from the Users use of the website. Costdriver will obviously do their best to protect their site but it is the Users responsibility to take precautions against these issues.
 
9 Termination
Costdriver reserves the right to;
1. Make amendments to these terms at any time and shall make their users aware of such changes by email, so that the user can exercise a right to terminate, which must be made in writing quoting this clause.
2. Terminate this agreement in the event that the User has failed to pay any fees within 15 days of the due date.
3. Stop any auction or Bid and ban users from using the Web Site.
4. Modify or withdraw the Web Site at any time without notice.
5. To reject any registration or access to the website and to temporarily or indefinitely suspend any registered user.
6. To withdraw usernames and passwords at any time without notice should Costdriver believe they have been compromised.
 
10 Confidentiality
1. Costdriver, the Host and the Participants agree to keep all information submitted to the platform or which otherwise is disclosed by either party under these Terms confidential and shall not disclose any such information to any third parties without the consent of the owner of the confidential information save that it can disclose such information to those of its employees, agents or professional advisers who have a need to know and who are bound to keep the information confidential.
2. Costdriver and the Host agree to use the confidential information of the other solely in connection with the performance of the event and not otherwise or for the benefit of any third party.
3. Each party will, at it’s own expense, take all reasonable and appropriate steps to enforce any duty of confidence owed to it by any party (including employees, agents, sub-contractors and professional advisors), insofar as such enforcement appears to be necessary for the protection of the confidentiality of the Confidential Information.
 
11 Governing Law
1. These Terms of Service will be construed in accordance with and governed by the laws of England and each Party agrees to submit to the exclusive jurisdiction of the courts of England.
2. Costdriver Limited is registered in the UK, company number 5726433.
 
12 Miscellaneous
Costdriver reserves the right to change the Terms of Service at any time. These will be posted on the Web Site and will come into immediate effect. If the Web Site is used after these conditions come into effect then the User will be indicating their agreement to be bound by these new Terms of Service.
 
 

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