Tendr · Terms & Conditions

1.Introduction

These terms and conditions shall govern your use of our website, www.jointendr.com, its associated app and the services provided through it (together, the “Platform”).
The term “we” means Tendr Limited, whose registered office is at Level 5a Maple House, 149 Tottenham Court Road, London, United Kingdom, W1T 7NF and whose company registration number is 13742240 (“us” and “our” will be construed accordingly).
The term “you” refers to the user or viewer of our Platform.
By using or browsing our Platform, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use the Platform.
Our Platform uses cookies. By using our Platform, you consent to our use of cookies in accordance with the terms of our privacy and cookies policies.
You must be at least 18 years of age to use our Platform. If you are under the age of 18, you must have parental consent to use the Platform. Your usage shall be considered as your explicit acknowledgement that you have such consent.

2.Copyright

This Platform contains content which is owned by or licensed to us (the “Tendr Content”). This Content includes, but is not limited to, the information, design, layout, look, appearance and graphics.
You are granted a licence to use the Tendr Content subject to the restrictions described in these terms and conditions.
All Tendr Content contained in this Platform is and shall remain at all times the copyright of Tendr Ltd.
You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any Tendr Content.

3.Licence to use the Platform

You may:
1. view pages from our Platform in a web browser or mobile app;
2. download pages from our Platform for caching in a web browser or mobile app;
3. print pages from our Platform;
subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any Tendr Content from our Platform or save Tendr Content to your computer.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any Tendr Content on our Platform.
Unless you own or control the relevant rights in the material, you must not:
1. republish material from our Platform;
2. sell, rent or sub-license material from our Platform;
3. show any material from our Platform in public;
4. exploit material from our Platform for a commercial purpose (other than as a registered seller in accordance with these terms and conditions); or
5. redistribute material from our Platform.
We reserve the right to restrict access to areas of our Platform, or indeed our whole Platform, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.

4.Acceptable use

You must not:
1. use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform;
2. use our Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3. use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent.
You must ensure that all the information you supply to us through our Platform, or in relation to our Platform, is true, accurate, current and non-misleading.

5.Your content licence

In these terms and conditions, "your personal content" means any information, image, video or other content that you submit to us or our Platform for storage or publication on, processing by, our Platform.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to process, store, publish, and make use of your personal content solely for the purposes of and you use of the Platform and subject to the terms of our Privacy Policy. This includes sharing your personal content with the administrators of licensees of the Platform.

You hereby waive all your moral rights in your public content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.Your content rules

You warrant and represent that your personal content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute or promote any criminal activity;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
be blasphemous;
be in breach of any contractual obligation owed to any person;
be untrue, false, inaccurate or misleading;
contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
constitute spam; or
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

7.Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

send you one or more formal warnings;
temporarily suspend your access to our Platform;
permanently prohibit you from accessing our Platform;
block computers using your IP address from accessing our Platform;
contact any or all of your internet service providers and request that they block your access to our Platform;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our Platform.

8.Third party websites

Our Platform may include links to other websites or apps owned and operated by third parties. We have no responsibility for the content of such third party websites or apps.

We have no control over third party websites or apps and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

9.No Warranties

The Platform is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to the Platform or the information and material provided on the Platform.

The content of the pages of the Platform is for your general information and use only and it is subject to change without prior notice.

We do not warrant that the Platform will be constantly available, or available at all or that the information on the Platform is complete, true, accurate or non-misleading.

Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the products, services or information and material found or offered on the Platform. You understand and agree that we are not liable or responsible for any product, service or opportunity offered through the Platform. You understand that we do not assess or investigate the accuracy of any product or service offering or description and you agree that we shall not be liable to you for any loss, damage or harm you may suffer as a result of using the Platform or acquiring any product or service made available to you through the Platform.

Your use of any product or service offered on the Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, opportunities or information available through the Platform are accurately described and meet your own specific requirements.

You acknowledge that information and material found or offered on the Platform may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Platform and the use of the Platform (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

10.Limitations and Exclusions of Liability

Our liability to you in relation to the use of the Platform or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: we will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from the Platform; we and our employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law.
By using the Platform, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Platform.

11.Trade marks

The registered and unregistered trademarks or service marks on our Platform are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

12.General Terms

If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
We reserve the right at all times to edit, refuse to post, or to remove from the Tendr Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Platform from the date of publication of the revised terms and conditions on the Platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Platform.
The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.