Terms of Use Agreement

Introduction

Welcome to the Data Visualisation and Business Intelligence (DVBI) Portal!

These Terms of Use (“Terms”) govern your access and use of the DVBI Portal, including the website and its applications (“Website”), and any information, text, links, graphics, audio, videos or other materials uploaded, downloaded or appearing on the Services.

When you create an account or use the Website you agree to these Terms, and any supplemental policies, guidelines or terms.

Your access to and use of the Website is also conditioned on your acceptance and compliance with the Privacy Policy of the Public Procurement Commission. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Website.

User Accounts

By using the Website, you represent and warrant that you have the legal capacity to and agree to comply with these Terms, and you will not access the Website through automated or non-human means.

In order to gain access to the Service, you will be required to create a user account. When you create an account with us, you must provide us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms.

You are responsible for safeguarding the password that you use to access the Service, and for any activities or actions under your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

In this Agreement, “Content” shall mean any audio, video, text, images or other material that is displayed or uploaded on this Website. The Public Procurement Commission is not responsible for the Content of the Website’s users.

You may not transmit any Content that is unlawful, offensive, defamatory, obscene or otherwise objectionable. The Public Procurement Commission reserves the right, but not the obligation, to determine whether or not any Content is appropriate and complies with this Terms, and refuse or remove this Content. The Public Procurement Commission further reserves the right to make formatting and edits and change the manner of any Content. The Public Procurement Commission can also limit or revoke the use of the Website if you post any Content that is in breach of these Terms.

The Public Procurement Commission is not liable in any way for any Content, including any errors or omission in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

With respect to your Content, by displaying it, you grant the Public Procurement Commission, a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Intellectual Property Rights

Other than the content you own, which you may have opted to include on the Website, under these Terms, the Public Procurement Commission owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

You may download and print extracts from the Website for your own personal and non-commercial use only, provided you maintain and abide by the author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Content belong to the Public Procurement Commission for any other purpose without our prior written approval. Except as expressly authorised by the Public Procurement Commission, you are not allowed to create a database in electronic or paper form compromising all or part of the material appearing on the Website.

Prohibitions

As a user of the Website, you are prohibited from engaging in the following activities:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercialising any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be damaging to this Website;
  5. using the Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or a way that causes, or may cause, harm to the Website, or any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or similar activity in relation to this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from access by you. The Public Procurement Commission may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

Customer Support, Information, Questions and Complaints

Customer Support, Information, Questions and Complaints For customer support with account and Website applications, please use the customer support resources listed on the [ (876) 754-3747 or general@ppc.gov.jm] section of the Website.

Electronic Communications, Transactions and Signatures

Visiting the Website, sending us emails, completing forms, interacting via the communication channels such as the Chatbox constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of the electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us via the Website. The use of electronic communications, transactions and signatures shall be in accordance with the Electronic Transaction Act of Jamaica, 2006.

No Warranties

This Website is provided “as is”, with all faults, and the Public Procurement Commission makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Limitation of Liability

In no event shall the Public Procurement Commission, nor any of its officers, directors, employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and the Public Procurement Commission, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out or in any way related to your use of this Website.

We give no warranties of any kind concerning the Website or Content. In particular, we do not warrant that the Website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

Indemnification

You hereby indemnify to the fullest extent the Public Procurement Commission from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any the provisions of the Terms.

Severability

If any provision of the Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions.

Variation of Terms

The Public Procurement Commission is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment

The Public Procurement Commission shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers, policies or guidelines contained on this website, constitute the entire agreement between the Public Procurement Commission and you in relation to your use of this Website.

Governing Law

These Terms will be governed by and construed in accordance with the laws of Jamaica, and you submit to the jurisdiction of Jamaica and its courts for the resolution of any dispute.