Terms and conditions of using the website

1. Definitions

1.1 “Website” - www.etenders.ge and www.etender.ge.
1.2 “Website owner” – Electronic procurement system, Ltd. (Company id: 405075047).
1.3 “User”– any natural or legal persons registered on the website. 
1.4 “Announcement” – an announcement, posted on the website by the user with an objection to procure and/or sell goods, services, construction works, a tender announcement, sales announcement, an announcement placed on the website by the user for the purposes of expression of interests, request for quotation,  conduct of market analysis and/or selection of suppliers.
1.5 “Bid” – a proposal, including a tender proposal submitted by the user through the website to other user subsequent to the announcement posted by the latter.
1.6 “Rules” – given terms and conditions of using the website.
1.7 “Information placed on the website” – any information placed on the website by the user, including the announcement, proposal and/or any information sent by the user through chat integrated in the system, and/or any information sent by the user in the form of files uploaded in the system, etc.

2. General terms

2.1 The website and the owner of the website are not the authors of information placed on the website and shall not be deemed as parties for the purposes of any kinds of agreements made and/or concluded between the users based on the information placed on the website. The website provides its users with the possibility to place information by use of the technical platform of the website at their own discretion and interests; helps the users distribute their announcements and provides the users with the possibility to communicate each other electronically.
2.2 The owner of the website shall not be obliged to check the content of information placed on the website. 
2.3 The owner of the website does not have any information concerning the accuracy and content of information placed on the website. The owner shall not be responsible for the remedy of any possible financial loss or any other damage caused by inaccuracy of such information.
2.4 Information placed on the website by the users does not have any legal force. The user is obliged to check the accuracy of such information prior to concluding any kind of agreement with the other user. 
2.5 The user shall place information and/or send information through the website personally, at its own discretion, according to its interests. The user independently takes any decision with respect to the information placed on the web site and assumes any risk arising from such decision. The owner of the website shall refrain from involvement in the decision-making process and shall not be responsible for such decisions taken by the user and for the risks associated therewith.
2.6 Information placed on the website is open for any other user except for the information sent in the form of a proposal (the submitted proposals are open only for the users having posted the announcement) and except for the cases referred to in paragraphs 2.7 and 2.8 of the given rules.
2.7 The user is able to select the field – “restricted procedure” when posting the announcement and select one or more users to which the details of the announcement posted thereby will be accessible. In such cases, the details of the announcement will remain closed for other users.
2.8 The user is able to select the field – “anonymous tender” when posting the announcement. In case of selecting this field, the identity of the user having posted this announcement remains hidden for other users. As soon as the submission of proposals is finished, the identity of the user who posted the announcement will be revealed only to those users who have submitted their proposals.

3. User registration

3.1 In order to register on the website the user shall be obliged to complete the relevant fields, read and accept the rules. The user itself shall be responsible for the accuracy of information indicated during the registration.

4. Placement of announcement and submission of proposals

4.1 The user is able to place an announcement after paying the relevant fee by using one of the five procurement instruments integrated in the website.
4.2 The user shall be entitled to submit electronically a proposal after paying the relevant fee through the website with respect to the announcement posted by the other user.
4.3 The following fees are payable for the placement of information/posting an announcement/submission of proposal on the website by the user by taking account of the relevant services:
4.3.1 Announcement – 30 GEL
4.3.2 Pre-qualification – 30 GEL
4.3.3 Electronic tender/sale with one envelope principle – 30 GEL
4.3.4 Electronic tender/sale with two envelopes principle – 40 GEL
4.3.5 Reverse auction/Sales auction – 50 GEL
4.3.6 Submission of proposal – 30 GEL
4.4 Return of the paid fees is not permitted, except for cases where the posting of an announcement or the submission of a proposal failed due to technical problems on the website. In case of lodging a claim, the user is obliged to submit the written claim to the owner of the website within 24 hours from is occurrence to the following e-mail address: info@etenders.ge. The owner of the website is obliged to consider the given claim and notify the user having lodged the claim concerning the decision about return of the amount within 1 (one) calendar month. However, the owner of the website shall not consider the claims related to the technical problems, which were communicated to the user in advance pursuant to the given Rules.

5. Rights and obligation of users

5.1 Any natural or legal person is entitled to post the announcement on the website. 
5.2 In case of the wrongful spreading of the user’s name and password, the user is obliged to change the password or to inform the website’s administration about the above-mentioned fact.
5.3 The user shall not be entitled to place on the website or send through the website information, which contradicts current Georgian legislation. All the users registered on the website are liable pursuant to Georgian legislation for any possible legal consequences of all the actions taken thereby on the website.
5.4 The user shall be prohibited to place on the website any information, which could cause material or other damages to the owner of the website.
5.5 In cases where the user may have any claim or misunderstanding with respect to the other user, it shall lodge its claim directly to the user towards which it has risen, independently from the owner of the website and without any prior notification/ or without lodging the claim thereto. The owner of the website (as well as any of the employees thereof) shall not be deemed liable with respect to such claims/requests. Including: damage remedy, compensation of costs and indemnification of any costs related to the agreement made through the website.
5.6 The user shall be obliged to act pursuant to current Georgian legislation and the given Rules and be liable pursuant to the procure laid down by Georgian legislation for any actions taken thereby on the website. Including, the user shall be prohibited to place on the website any information: 1) which intentionally misleads the other users, 2) which leads to the disrepute of the third party or its business, 3) which contains discrimination of religious, ethnic or other types of minorities, 4) which contains hate speech or threat towards someone, 5) which contains obscene words.
5.7 The user is free to define the terms of the announcements/proposals placed thereby and choose as to with which users and in which cases it wishes to continue further contractual relations.

6.   Rights and obligations of the owner of the website

6.1 The owner of the website shall not be liable for the content and the accuracy of the information placed on the website by the user.
6.2 The owner of the website shall reserve its rights to increase or decrease the fees for placement of the announcements and submission of proposals without prior notice to the users.
6.3 The owner of the website shall be entitled to delete without prior notice the information placed on the website which contradicts in any form the terms of the given agreement or the Georgian Legislation.
6.4 The owner of the website shall be entitled to disable the users without prior notice the action of which contradicts the Rules of the given agreement or Georgian legislation.
6.7 The owner of the website shall not be liable for the failure of the delivery of the proposal submitted within the last 5 seconds before the expiry of time limits of proposals’ submission.
6.8 The owner of the website shall be obliged to notify the users concerning the planned technical works on the website, which may cause delays minimum 24 hours before to the e-mail addresses indicated by them during registration. The user shall not be entitled to lodge any claim or financial request with respect to technical problems on the website for the period indicated in such notification.
6.9 The owner of the website shall be entitled to make changes to the given Rules without prior notice to the users; however, the owner of the website shall be obliged to notify the users concerning the amendments made to the given Rules by sending letter to the e-mail addresses indicated by them during registration.
6.10 The owner of the website shall be entitled to select the safety measures of the website at its own discretion and shall be obliged to ensure proper functioning of the safety measures selected thereby. The owner of the website shall be free from any responsibility and shall not be financially liable for any potential damages caused by a cyber-attack from a third person.

7.  Solution of disputes

7.1. All the disputes risen with respect to the given Rules shall be resolved by way of negotiation. In case of failure of the parties to reach an agreement, the parties are entitled to apply to the court pursuant to current Georgian legislation.