1        General Terms & Conditions

Welcome to the TPA website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Notice govern our relationship with you. If you disagree with any part of these Terms & Conditions, please do not use our website or engage with our services.

The term ‘Company’, ‘us’, ‘we’ or ‘our’ refers to the Technology Procurement Association (TPA).

You agree that you shall not use the website for illegal purposes and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content, or otherwise reduce the overall functionality of the website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information.

2        Provision of the Services

The Company shall provide and perform our services on these Terms & Conditions and any additional terms provided and will do so:

• in compliance with all applicable laws, regulations, codes of practice and professional standards;
• with reasonable skill and care; and
• in accordance with good professional practice.

3        Data Protection

When processing Personal Data, both parties will comply with all requirements and obligations under any applicable law (‘Data Protection Law’), as amended or updated from time to time, relating to the processing, privacy, and use of Personal Data, including without limitation, (a) the UK Data Protection Act 2018 (DPA 2018), the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications Regulations (PECR) (the ‘UK Data Protection Legislation’) and (b) any corresponding or equivalent national laws or regulations issued by any relevant regulator, authority, or body responsible for administering data protection. If there is any conflict, apparent conflict or ambiguity in Data Protection Law, the compliance obligation will interpreted in accordance with the UK Data Protection Legislation.

We acknowledge that for the purposes of the Data Protection Law we are the Data Controller (where Data Controller has the meaning as defined in the Data Protection Law) for the purpose of managing and providing a service to you and we are the Data Processor (where Data Processor has the meaning as defined in the Data Protection Law) when we process data on your behalf.

You will ensure that you identified a lawful basis and have all the necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us, as defined in applicable Data Protection Law, for the duration and purposes of service provision.

Both parties will ensure that we have, considering the state of the art and costs of implementation, implemented technical and organisational measures appropriate to the risks of the rights and freedoms of natural persons, to protect against unauthorised or unlawful processing of, and against accidental loss or destruction of, or damage to, personal data and will notify the other party of any relevant incidents.

We will ensure that all our staff and representatives who process personal data are obliged to keep the Personal Data confidential and are limited only to those who need access to the personal data to meet our obligations when delivering our services.

We will only process the Personal Data reasonably required to provide the services. For more details about our processing of Personal Data and your data protection rights see our Privacy Notice published on our website.

4        Third-Party Service

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or service (“Third-Party Services”). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

5        Indemnification

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees, due to or arising out of your: (a) use of the service; (b) violation of these Terms & Conditions or any law or regulation; or (c) violation of any right of a third party.

6        No Warranties

Our service is provided to you without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limited the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

7        Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of these Terms & Conditions and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of these Terms & Conditions), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8        Severability

If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. If any provision is held to be unenforceable or invalid, it shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. You and us agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause accrues. Otherwise, such cause of action is permanently barred.

9        Disclaimer

We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in action of contract, negligence or other tort, arising out of or in connection with the use of the services or the contents of the services. We reserve the right to make additions, deletions, or modifications to the contents on the services at any time without prior notice.

Our services and content are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No oral advise or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our services will be uninterrupted, uncorrupted, timely, or error-free.

10    Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms & Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver for the breach constitute waiver for any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms & Conditions shall operate as a waiver of the right or power. Nor shall any single or partial exercise of any right or power under these Terms & Conditions preclude further exercise of that or any other right granted herein.

11    Amendments to these Terms & Conditions

We reserve the right, at its sole discretion, to modify or replace these Terms & Conditions at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms.

12    Intellectual Property

Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by an international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorised use of the material is prohibited.

13    Submission and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submission or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

14    Promotions

We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements such as restrictions as age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotion Rules. Additional terms and conditions may apply.

15    Links to Other Websites

Our website may contain links to other websites that are not operated by us. If you click on a link to an external site, you will be taken to that third party’s site. We strongly advise you to review the Terms & Conditions and Privacy Notice of every site you visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third-party sites or services.

16    Cookies

We use “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website and our services but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to re-enter details every time you visit our. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies. Please read our Cookie Policy for more details.

17    Contact Us

Please don’t hesitate to contact us if you have any questions!

• Via Email: enquiries@thetpa.uk