Terms and Conditions – Version 4 – BiP Intelligence Blog

1. INTERPRETATION

1.1. The definitions and rules of interpretation in this clause apply in these Terms and Conditions:

Additional Terms	The additional terms and conditions (if any) agreed to by the Licensor and Licensee as set out or referred to in the Order Form including any addendum thereto.
Affiliate	Each and any person or organisation attached to the Licensor.
Agreement	The agreement between the Licensor and the Licensee, such agreement being embodied in the Order Form, these Terms and Conditions and any Additional Terms.
Authorised Use	Use of the Service in accordance with the Agreement.
Intellectual Property Rights	All copyright, database rights, patents, trademarks, service marks, and all other intellectual property rights whether registered or unregistered and all applications and rights to apply for the registration of any of the rights above and all other forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
Licensee	The organisation, firm, company or other entity to whom the licence in respect of the Service is granted by the Licensor under the terms of this Agreement and whose details are set out on the Order Form.
Licensor	BiP Solutions Ltd of Medius, 60 Pacific Quay, Glasgow, G51 1DZ.
Order Form	The online registration form and any associated pages and communications used to sign up for the Service identifying the Licensee whereby in any case the Licensee’s acceptance has been signified by acceptance of these Terms and Conditions during the email verification and account activation process.
Service	The software / computer programs described in clause 4 and those listed in the Order Form and all Updates during the Term, any data, text, information and software or other material and all accompanying written materials provided to the Licensee under this Agreement by any means whatsoever, including without limitation on any storage medium now known or hereafter devised including CD-ROM and DVD-ROM or through any means of online communication and delivery (including communication and delivery via the internet) and includes any Updates specified on the Order Form (if applicable).
Subscription Fee	The licence fee payable by a Licensee for use of the Service as set out on the Order Form and payable by the Licensee to the Licensor in accordance with Clause 5 for their Subscription.
Subscription Level	The Subscription Level denotes the level of access a User has to different combinations of tools and benefits, with higher subscription levels allowing Users greater access to product features and geographic coverage.
Subscription Period	The contractual period of time over which a Subscription runs, commencing on activation of the Licensee’s User account and each anniversary thereof. Although this is typically one year, it may be longer subject to what the Licensee agreed to on the Order Form.
Subscription Renewal Fee	The licence fee payable by a Licensee to the Licensor for continued use of the Service in accordance with Clause 6.
Subscription	A purchase and agreement made by a Licensee to receive and be given access to paid-for Services at a particular Subscription Level
User(s)	The person or persons specifically identified to BiP as the named User(s) of the Service on behalf of the Licensee.
You / Your	The person signing up to and agreeing to these Terms and Conditions on behalf of and representing the Licensee, and therefore by association is interchangeable with “Licensee”.
Your Data	All electronic data or information or documents submitted by You to the Service. These will be treated strictly as confidential (see Clause 16).

1.2. Clause headings shall not affect the interpretation of this Agreement.
1.3. Words in the singular shall include the plural and vice versa.
1.4. Any obligation in this Agreement not to do something includes an undertaking not to permit that
thing to be
done.
1.5. These Terms and Conditions shall take precedence over any terms or conditions that the Licensee
purports to
apply in conflict with these Terms and Conditions herein, whether the Licensee’s terms are contained in
Licensee’s
purchase orders, supplier agreements, or otherwise.

2. APPLICABILITY
1. 2.1. These Terms apply to users registering on the Website on or after 20 June 2024. For existing users,
  these Terms
  will become effective on 20 June 2024.
3. SERVICE LICENCE
1. 3.1. This Agreement constitutes a legal contract between the organisation (Licensee), as identified on
  the Order Form
  and the Licensor (hereinafter ‘BiP’) that governs the Licensee’s use of BiP’s Subscription Service
  available at https://app.bipintelligence.com/ui/dashboard.html
  and https://dashboards.bipsolutions.co.uk
2. 3.2. Upon commencement of a Subscription, BiP as Licensor grants the Licensee the right to have the
  number of named
  Users (identified by an email address that specifically identifies the User) that the Subscription level
  determines.
3. 3.3. By Subscribing to or registering for the Service, You confirm that You have authority to enter into
  this
  Agreement on behalf of the Licensee. Should BiP Solutions suspect that such information is untrue,
  inaccurate, not
  current or incomplete, it has the right to suspend or terminate a Licensed User’s usage of the Service.
4. 3.4. You are responsible for all usage or activity on the Service.
5. 3.5. Distribution of Your password to others for access to the Service is expressly prohibited and shall
  constitute a
  breach of these Terms. Licenses cannot be shared or used by more than one User. Licensed Users may be
  transferred at
  the express agreement of BIP.
6. 3.6. This Licence applies to the BiP Service programmes (including, but not limited to CGI scripts,
  Subscription
  wizard, HTML code, BiP databases and BiP content and information programmes) that the Licensee will use.
7. 3.7. As You represent the Licensee, You should read these terms carefully. By installing any programs or
  using the
  Service, the Licensee agrees to be bound by the Terms and Conditions of this Licence. If the Terms and
  Conditions of
  this Licence are not accepted in full, the Licensee is not authorised to use the Service. The Terms and
  Conditions
  will be deemed to have been accepted on behalf of the Licensee if You Subscribe to or register for the
  Service.
8. 3.8. The Licensee may not use, copy, modify, adapt, translate, reverse engineer, decompile or
  disassemble the
  Service, except as permitted hereunder or to the extent such acts may not be prohibited by law in the
  country of use
  or create derivative works based on the Service. All rights not expressly granted are reserved by BiP.
9. 3.9. BiP reserves the right to amend the Terms and Conditions at any time. Such changes will be
  effective following
  posting of the amended version on the site. It is the Licensee’s responsibility to review the Terms and
  Conditions
  regularly to ensure the Licensee is aware of the latest Terms and Conditions. Continued use of the
  Service will
  constitute acceptance of the modified Terms and Conditions. If the Licensee does not agree to any
  changes to these
  Terms and Conditions, then the Licensee’s only remedy is to cease using the Service. If the changes will
  have a
  materially negative impact on the Licensee, BiP will inform the Licensee. Failure by BiP to inform of
  such shall
  result in the Licensee being bound by the terms signed up to when taking out the Subscription / renewal
  or the last
  revised version that they were informed of, whichever is the most recent.
10. 3.10. If the Licensee does not agree to or cannot comply with these terms, the Licensee must stop using
  the Service
  and, if applicable, cancel the Subscription under Clause 7.
11. 3.11. Solely for purposes of providing the Services, you hereby grant to BIP a non-exclusive, royalty
  free, worldwide
  right and license to make archival or backup copies of Your Dta. Except for the rights expressly granted
  herein, BIP
  does not acquire any right, title or interest in or to Your Data, all of which shall remain solely with
  You.
4. THE SERVICE
1. 4.1. The service is an online business intelligence platform for the UK and Global public sector market.
  All users
  will be able to search, view and receive alerts for contracts and market insight, subject to the chosen
  subscription
  level. Additionally, the user will have access to a variety of business intelligence tools, customer
  support and
  resources, including but not limited to:
  - Tender, contract and award notices based on awarding authority and the type of goods, service or
    works; Choice
    of regions: UK and RoI, Europe or Global;
  - Choice of Sectors
  - Daily alert service available each working day (excluding bank holidays), which provides access
    to contract
    information from Your chosen region(s) – alert profiles can be tailored to specific business
    interests;
  - Search profile dashboards for each search profile created;
  - Award data profiles along with award data dashboards for each profile created;
  - Machine learning and AI that will learn from user behaviour and suggest relevant tender, contact
    and award
    notices;
  - UK and ROI framework opportunities;
  - Access to our public sector contacts database where you can search for key individuals by
    organisation and job
    function.
  - Access to Market Analytics that provides access to a variety of online analytics dashboards,
    data and resources
    relating to public procurement notice and award information.
2. 4.2. Full access to additional regions and/or tiers of service and/or service options may require an
  upgrade to the
  current Subscription Level subject to Subscription charges and the Terms of Business below.
3. 4.3. Should a User request to stop sending email alerts as part of the Service, the Licensee understands
  that
  stopping sending alerts shall in no way be considered a breach of contract between BiP and the Licensee,
  and as such
  the contract shall remain fully in force and legally binding.
5. TERMS OF BUSINESS
1. 5.1. If You register on the website for a trial, BiP will make one or more Services available on a trial
  Subscription
  basis free of charge until the earlier of (a) the end of the trial period for which You have registered,
  or for
  which You are registering, or (b) the start date of any Purchased Services ordered by You on behalf of
  the Licensee.
  Additional trial terms and conditions may appear on the trial registration web page. Any such additional
  terms and
  conditions are incorporated into this Agreement by reference and are legally binding.
2. 5.2. If You register on the website for a trial, then at the end of the introductory trial period the
  trial
  Subscription will be cancelled.
3. 5.3. Where a Subscription commences immediately following an introductory trial period, the commencement
  of the
  Subscription will be from the date of conversion from trial to Subscription and will be for a minimum
  period of one
  year. Any optional additional upgrade services selected when the Licensee’s Subscription commences will
  be included
  in the Subscription.
4. 5.4. If the Licensee commences with a Subscription directly without taking an introductory trial, the
  Licensee’s
  Subscription will commence from the date on which the User activates his / her account and will continue
  for a
  minimum period of one year.
5. 5.5. The first Subscription Period will be charged at the fee indicated in the Order Form.
6. 5.6. Any optional additional upgrade services selected when the Subscription commences will be charged
  at full cost,
  unless stated otherwise in the Order Form. The charge for any optional additional upgrade services
  selected after
  the Licensee’s Subscription has commenced will be pro-rated to fall in line with the Subscription period
  and, where
  purchased, will form part of the Subscription. The Subscription will continue thereafter for further
  such periods
  (to be invoiced at the full Subscription Fee, following renewal) until the Licensee’s requests to
  terminate the
  Subscription or downgrade from an optional upgrade service, via the Service, this to be effective as
  from the end of
  the Subscription period then in progress.
7. 5.7. Any optional upgrade services made available free of charge during the trial period and/or the
  first
  Subscription Period will become chargeable upon renewal.
8. 5.8. By submitting credit or debit card details, You warrant that You are entitled to purchase the
  paid-for content
  using those payment details. In the event of an unauthorised payment, BiP reserves the right to suspend
  or terminate
  Your access to the paid-for service. If no payment authorisation is received or payment authorisation is
  subsequently cancelled, BiP may immediately terminate or suspend access to any paid-for service.
9. 5.9. All Subscriptions outside the United Kingdom must be paid by bank transfer or Credit Card on
  completion of the
  Subscription activation process.
10. 5.10. Where a credit account has been granted, payment is due 30 days from the invoice date.
11. 5.11. Applications may be subject to credit checks.
12. 5.12. The Licensor reserves the right to increase the cost of the Services provided to You. Any such
  increase will
  only be applied from the next renewal date.
6. RENEWALS
1. 6.1. Where You have purchased a Subscription or received free of charge any subscriptions to upgrades or
  options, you
  will automatically renew on that same package at the then applicable list price.
2. 6.2. Subscriptions will automatically renew for the same term as the Subscription Period should You not
  provide the
  thirty (30) days written notice as detailed in clause 8
3. 6.3. Where the Licensor has granted a credit account you will be invoiced at renewal date.
7. CANCELLATIONS
1. 7.1. You can cancel the service at any time up to 30 days prior to renewal by emailing cancellations@bipsolutions.com
2. 7.2. Cancellations will only be effective from the end of the Subscription period then in progress. The
  Licensee will
  continue to be a subscriber to the service until the end of the current Subscription Period then in
  progress and
  will continue to receive the service(s) for the remainder of that current Subscription Period.
3. 7.3. Where full payment of the current Subscription Period has been received, no refunds will be due or
  given. Where
  full payment of the current Subscription Period has not been received, any outstanding fees will become
  payable. Any
  discounts previously given for that year will only be applicable provided the Subscription Fee invoiced
  is paid
  within 30 calendar days from date of invoice.
4. 7.4. If the Licensee wishes to terminate the service in advance of the end of the Subscription Period,
  then in
  progress, the Licensee must request Early Service Termination (see Clause 8).
8. EARLY SERVICE TERMINATION
1. 8.1. If the Licensee does not wish to continue receiving the service(s) for the remainder of the current
  Subscription
  Period, Early Service Termination must be requested. Requests for Early Service Termination must be
  confirmed in
  writing via email to cancellations@bipsolutions.com before they can be processed.
2. 8.2. It is the Licensee’s responsibility to ensure that the notification is emailed correctly as BiP
  cannot be held
  responsible for non-receipt. If the Licensee does not receive confirmation within two working days that
  the email
  has been received, the Licensee shall contact BiP immediately.
3. 8.3. In all cases the full Subscription Fee invoiced will become payable, subject to the following:
  1. 8.3.1. Subscribers in Year 1 may cancel within 10 days of the subscription start date and a full
    refund or credit
    will be made. Cancellations after 10 days from the subscription start date will be effective
    from the end of the
    subscription period then in progress. The full balance owing will be payable.
  2. 8.3.2. Renewing subscribers may request early service termination within 30 calendar days of the
    start of the new
    Subscription Period. Such requests will be subject to an early termination fee equal to one
    third of the full
    Subscription Fee plus VAT. Settlement of such fee must be made within 35 calendar days from the
    start of the new
    Subscription Period, otherwise the Licensee will become subject to full payment.
  3. 8.3.3. Once payment in accordance with the Early Service Termination fees stipulated above is
    received, a credit note
    will be issued for any balance outstanding.
  4. 8.3.4. All invoices for Subscriptions in the UK are due for payment 30 days from invoice date,
    unless otherwise
    agreed by BiP in writing. Payment will be deemed to be late if payment is still outstanding
    after this default
    credit period of 30 days.
9. OUTSTANDING SUBSCRIPTION PAYMENTS
1. 9.1. Failure to make full payment within 30 days of invoice date, or failure to make instalment payments
  as agreed in
  writing with BiP, can result in the service being suspended until payment is made. This does not affect
  BiP’s right
  to collect full payment for the Subscription Fee. Should the service be resumed, the period for which
  the
  Subscription has been suspended will not be added to the Subscription period.
2. 9.2. Any invoice outstanding beyond the periods stipulated above may be referred to an external debt
  collection
  agency, in which case a surcharge of 15% plus VAT will be payable to cover the collection costs
  incurred. This
  surcharge, together with all other charges and legal fees incurred will be the responsibility of the
  Licensee and
  will be legally enforceable.
3. 9.3. Under the terms of The Late Payment of Commercial Debts (Interest) Act 1998, BiP retains the right
  to charge
  interest on overdue accounts. The interest on overdue bills is calculated at the rate of 8% above the
  Bank of
  England base reference rate. Purchasers cannot contract out of late payment legislation.
4. 9.4. Should the Licensee seek termination of the Subscription before the end of the Subscription Period
  then in
  progress and a payment remains outstanding, this request will be subject to the Early Service
  Termination clauses
  (see Clause 8).
10. OUR DATA ON TERMINATION OR EXPIRY OF YOUR LICENCE
1. 10.1. On the termination or expiry of Your Licence, You shall cease, and shall ensure that all Users
  cease, all use
  of the Service.
2. 10.2. You are responsible for downloading any data or documents you wish to retain beyond the life of
  your
  Subscription. You accept it is Your responsibility to do this prior to the end of your Subscription
  using the
  download facilities provided in the Service. Access to the Service will not be available for this
  purpose beyond the
  end of your Subscription Period.
3. 10.3. Should You fail to download your data or documents before your Subscription ends or terminates,
  BiP shall not
  be liable for any loss incurred by You arising from deletion of Your Data.
11. OTHER RESTRICTIONS
1. 11.1. The Licensee acknowledges that this Licence is granted solely to named Users on behalf of the
  organisation
  identified on the registration form and neither this Licence nor the Service may be transferred,
  sub-licensed or
  otherwise assigned except with the express permission of BiP. If the Licensee wishes to change the named
  User, it
  must notify BiP in writing and BiP shall implement the change on behalf of the Licensee.
2. 11.2. Any export of the Service is subject to the requirements and restrictions of applicable laws and
  regulations.
3. 11.3. The User(s) may configure the Service for the User’s own use provided it is in support of the
  Licensee’s
  Authorised Use. If BIP configure the Service, it is the User’s responsibility to check that this meets
  their needs.
  BIP will have no liability for any errors or omissions.
4. 11.4. The Licensee and User(s) agree that others will not be allowed to use the User’s Username,
  password and/or
  account and the Licensee and User(s) are responsible for maintaining the confidentiality and security of
  the
  account.
5. 11.5. The Licensee agrees to notify BiP immediately of any known or suspected unauthorised use of the
  password and/or
  Subscription, including loss, theft, or unauthorised disclosure of Your password(s). You are responsible
  for
  maintaining the confidentiality of Your password. BiP shall not be responsible for any losses arising
  out of the
  unauthorised use of the User’s username, password or account and the Licensee agrees to indemnify and
  hold harmless
  BIP for any improper, unauthorised, or illegal uses of the same. You will never be required to reveal
  Your password
  to any agent or representative of BiP.
6. 11.6. Any reference to a linked site or any specific third party product or service by name does not
  constitute or
  imply its endorsement by us, and the Licensee assumes all risk with respect to its use.
7. 11.7. Under no circumstances shall BiP, nor its affiliates, agents, and suppliers, be liable for any
  damages,
  including without limitation, direct, indirect, incidental, special, punitive, consequential, or other
  damages
  (including without limitation lost profits, lost revenues, or similar economic loss), whether in
  contract, tort, or
  otherwise, arising out of the use or inability to use the Service or any linked site, even if BiP are
  advised of the
  possibility thereof, nor for any claim by a third party except in the case of death or personal injury
  caused by
  BiP’s negligence.
8. 11.8. The Licensee shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way
  exploit
  copyrighted or proprietary materials available on this site, except as expressly permitted by BiP.
  Reselling of
  BiP’s information included in this Service is expressly prohibited. All trademarks, service marks, and
  trade names
  in this site are the marks of the respective owner(s), and any unauthorised use thereof is strictly
  prohibited. BiP
  shall not be liable for any errors, inaccuracies, or delays in content, or for any actions taken in
  reliance
  thereon. BiP expressly disclaims all warranties, expressed or implied, as to the accuracy of any the
  content
  provided, or as to the fitness of the information for any purpose.
12. FAIR AND ACCEPTABLE USE POLICY
1. 12.1. BiP’s fair and acceptable usage policy is designed to make sure the Service provided to You
  delivers value, is
  fast and reliable. The list under Clause 12.2 below details all the uses of the Service that BiP
  considers to be
  unfair or unacceptable. You must ensure that any use of the Service, by You complies with this policy.
  If You
  contravene this policy, BiP may (a) give You notice to stop the unacceptable use(s), or (b) terminate or
  suspend
  Your Service with or without notice as we consider appropriate under this agreement.
2. 12.2. You shall not use the Service for:
  1. 12.2.1. Unlawful, fraudulent, criminal, or otherwise illegal activities.
  2. 12.2.2. Sending, receiving, publishing, posting, distributing, disseminating, encouraging the
    receipt of, uploading,
    downloading, or using any material which is offensive, abusive, defamatory, indecent, obscene,
    unlawful, harassing
    or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy
    or any other rights
    of any person.
  3. 12.2.3. Knowingly or negligently creating, transmitting, storing, publishing or uploading any
    electronic material
    (including, without limit, files that contain viruses, corrupted files, Trojans or any other
    similar Malicious Code,
    scripts or similar software programs or instructions) which will or are designed, known or
    likely to delete,
    interrupt, damage, destroy, change, modify or limit the functionality of any computer software,
    hardware,
    telecommunications equipment or data or data files owned by BiP or any other User of or customer
    of BiP using the
    Service.
  4. 12.2.4. Activities that invade another’s privacy, cause annoyance, inconvenience or needless
    anxiety to any
    person.
  5. 12.2.5. Activities that are in breach of any third party’s rights, including downloading,
    installation or
    distribution of pirated software or other inappropriately licensed software, deletion of any
    author attributions,
    legal notices or proprietary designations or labels in any file that is uploaded, falsification
    of the origin or
    source of any software, document, or other material.
  6. 12.2.6. Anything that may disrupt or interfere with BiP’s network or Service or cause a host or
    the network to
    crash.
  7. 12.2.7. Launching “denial of service” attacks; “mail bombing” attacks or “flooding” attacks
    against a host or
    network.
  8. 12.2.8. Granting access to the Services to others who are not authorised Users, or in any way
    reselling or
    re-providing the Service to third parties.
  9. 12.2.9. Making excessive use of or placing unusual burdens on the service.
  10. 12.2.10. Circumventing the user authentication or security process of the host or network.
3. 12.3. You are responsible for all uses made of the Service through Your account and for any breach of
  this policy
  whether an unacceptable use occurs or is attempted, whether You knew or should have known about it,
  whether or not
  You carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed
  any
  unacceptable use to occur by omission. You agree that BiP is not responsible for any of Your activities
  in using the
  Service.
4. 12.4. If BiP feels that Your activities are so excessive that other customers are detrimentally
  affected, BiP may
  give You a written warning (by email or otherwise). In extreme circumstances, if the levels of activity
  do not
  immediately decrease after the warning, BiP may terminate or suspend Your Service.
5. 12.5. In order to safeguard the network and facilities as well as to protect against egregious use of
  the storage
  facilities provided with the Services, your usage will be subject to these terms of fair usage and BiP
  may monitor
  your usage to ensure compliance. The vast majority of BiP’s Customers will not use the Service’s storage
  facilities
  excessively. BiP will determine from time to time what is deemed excessive usage in relation to typical
  uses of the
  Service. Currently the usage range per Customer is estimated well below 10Gb of cloud storage space.
  This estimate
  is subject to periodic review based on future customer behaviour and usage of the Service.
13. LICENSEE’S USE OF BIP WEBSITES AND WEB-BASED ELEMENTS OF THE SERVICE
1. 13.1. The Licensee may not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic
  device,
  programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire,
  copy or
  monitor any portion of any BiP websites, the Service or any materials or in any way reproduce or
  circumvent the
  navigational structure or presentation of the Service to obtain or attempt to obtain any materials,
  documents or
  information through any means not purposely made available through the Service. BiP reserves the right
  to bar any
  such activity, including via software and other electronic means.
2. 13.2. The Licensee may not attempt to gain unauthorised access to any portion or feature of the Service,
  or any other
  systems or networks connected to the Service or to any BiP server, or to any of the services offered on
  or through
  any BiP websites, by hacking, password ‘mining’ or any other illegitimate means.
3. 13.3. The Licensee may not probe, scan or test the vulnerability of any BiP websites, and/or the Service
  or any
  connected network, nor breach any of BiP’s security or authentication measures. The Licensee may not
  reverse
  look-up, trace or seek to trace any information on any other User of or visitor to any BiP website or
  the Service or
  exploit the Service or any services or information made available or offered by or through BiP’s
  websites, in any
  way where the purpose is to reveal any third-party information. The Licensee will not take any action
  that imposes
  an unreasonable or disproportionately large load on the infrastructure of BiP’s websites, the Service or
  other
  systems. The Licensee agrees not to use any device, software or routine to interfere or attempt to
  interfere with
  the proper working of the Service. The Licensee will not make or attempt any denial-of-service attacks
  against
  BiP.
14. LINKS TO THIRD PARTY SITES
1. 14.1. The Service may present links to third party websites not owned or operated by BiP. BiP is not
  responsible for
  the availability of these sites or their content. The Licensee agrees that BiP is not responsible or
  liable,
  directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
  the
  Licensee’s use of or reliance on any content of any such site or goods or services available through any
  such
  site.
2. 14.2. Materials provided by third party providers have not been independently authenticated in whole or
  in part by
  BiP Solutions.
3. 14.3. The original (or source) data provided within the Service is created and published by third
  parties (e.g. local
  authorities or central government departments). BiP Solutions is not responsible for any omissions or
  inaccuracies
  in the original or source data, and will not be held liable for any indirect, punitive, special,
  incidental, or
  consequential damage (including loss of business, revenue, profits, use, data or other economic
  advantage) that
  arise from its use. Any questions regarding the accuracy or completeness of the original or source data
  should be
  directed to the originators of such materials.
15. PROMOTIONS AND ADVERTISING
1. 15.1. BiP may present advertisements or promotional materials on or through the Service and on any BiP
  websites. The
  Licensee’s participation in any promotional event is subject to the terms and conditions associated with
  that event.
  The Licensee’s dealings with, or participation in promotions by any third-party advertisers on or
  through the
  Service are solely between the Licensee and such third party. The Licensee agrees that BiP shall not be
  responsible
  or liable for any loss or damage of any kind incurred by the licensee as the result of any such dealings
  or as the
  result of the presence of such third parties on the Service.
2. 15.2. If a discount has been given against any Subscription, whether as part of any promotional offer or
  otherwise,
  the discount will not apply beyond the current Subscription Period and the Subscription will be renewed
  at the then
  prevailing full list price.
16. CONFIDENTIALITY
1. 16.1. During the course of the parties’ relationship, a party may have access to the other party’s
  Confidential
  Information. The parties agree that the term “Confidential Information” shall mean any information,
  technical data,
  or know-how, including, without limitation, that which relates to research, products, services,
  customers, markets,
  inventions, processes, designs, marketing, future business strategies, trade secrets, finances, and
  other non-public
  information of the disclosing party, including the details of this Agreement. The amount and type of
  Confidential
  Information to be disclosed is completely within the sole discretion of each party.
2. 16.2. The parties agree that Confidential Information does not include a party’s information, which the
  other party
  can establish by legally sufficient evidence:
  1. 16.2.1. Was in the possession of, or was rightfully known by a party without an obligation to
    maintain its
    confidentiality prior to its receipt from the other party;
  2. 16.2.2. Is or becomes generally known to the public without a breach of this Agreement;
  3. 16.2.3. Is obtained by a party in good faith from a third party having the right to disclose it
    without an obligation
    of confidentiality;
  4. 16.2.4. Is independently developed by a party without use, directly or indirectly, of
    Confidential Information
    received from the other party; or
  5. 16.2.5. Is authorised in writing by a party to be released from the confidentiality obligations
    herein.
3. 16.3. Non-Disclosure: Each party agrees that it shall not use or permit the use of any Confidential
  Information of
  the other party except to the extent reasonably required for purposes of this Agreement, nor disclose or
  permit to
  be disclosed the Confidential Information of the other party to any person or entity (other than its own
  employees,
  agents, representatives, or affiliated entities having a reasonable need for such information for the
  purposes of
  this Agreement and that have agreed to keep such information confidential), nor duplicate any
  Confidential
  Information of the other party which consists of computer software or documentation or other materials
  expressly
  restricted against copying or which carry the notation “Confidential,” “Company Confidential,” and/or
  “Proprietary”,
  unless such duplication, use or disclosure is specifically authorised in writing by the other party.
  Each party
  agrees that damages may not be adequate to protect the other party in the event of a threatened breach
  of this
  Clause 16, and that either party may take equitable action, including seeking injunctive relief, to
  enforce this
  Clause 16.
4. 16.4. The provisions of this Clause 16 shall survive the termination or expiration of this Agreement.
5. 16.5. Legal Disclosure: If it is reasonably necessary for the receiving party to disclose any
  Confidential
  Information to (i) enforce this Agreement, (ii) comply with a judicial or administrative proceeding or
  similar
  process, or (iii) comply with a stock exchange rule, or rule of any other regulatory authority which has
  jurisdiction over receiving party, the receiving party will, if permitted, provide the disclosing party
  with prompt
  written notice so the disclosing party may, at the disclosing party’s sole expense, seek a protective
  order or other
  appropriate remedy and/or waive compliance with the provisions of this Agreement. In the event such
  protective order
  or other remedy is not obtained, the receiving party will not be in breach of this Agreement by
  furnishing such
  Confidential Information as legally required and will exercise commercially reasonable efforts to obtain
  assurance
  that confidential treatment will be accorded the Confidential Information so disclosed, at the
  disclosing party’s
  expense.
17. CONSEQUENCES OF BREACH OF THESE TERMS
1. 17.1. In the event that BiP considers or determines, in their discretion, that the Licensee has
  breached,
  violated, or contravened any provision of this Agreement or have otherwise demonstrated inappropriate
  conduct in
  the use of the Service, BiP reserves the absolute right to:
  1. i Warn the Licensee of the License violation and ask the Licensee to discontinue such conduct.
    and/or
  2. ii Discontinue the Licensee’s access to the Service and/or any other related services, including
    paid-for
    content/features, and/or
  3. iii Take measures (including terminating, suspending, or restricting the User’s use of the Service)
    to
    prevent the Licensee from using the Service or linking to or accessing the website, and/or
  4. iv Terminate this Licence with immediate effect.
2. 17.2. If BiP terminates this Agreement or suspends the Licensee’s User account(s) for any of the reasons
  set
  forth in this Agreement, BiP shall have no liability or responsibility to the Licensee, and BiP will not
  refund
  any amounts that the Licensee has previously paid.
18. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
1. 18.1. If BiP receives a notice alleging that the Licensee has engaged in behaviour that infringes BiP’s
  or any other
  party’s intellectual property rights, or reasonably suspects the same, BiP may suspend or terminate the
  Licensee’s
  account without notice. If BiP suspends or terminates the Licensee’s account under this paragraph, it
  shall have no
  liability or responsibility to the Licensee, including for any amounts that the Licensee has previously
  paid.
2. 18.2. The Licensee shall have no liability or responsibility for any claim that arises in respect of an
  infringement
  by BiP against a third party’s intellectual property rights.
19. PATENTS AND TRADEMARKS
1. 19.1. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that
  appear on or in
  connection with the Service are the property of BiP and/or its affiliates. The Licensee may not copy,
  display, or
  use any of these marks without prior written permission of the relevant owner. The Service and/or
  portions of the
  Service may be protected under patent law and may be the subject of issued patents and/or pending patent
  applications.
20. MODIFICATIONS TO SERVICE
1. 20.1. BiP reserves the right at any time and from time to time to modify temporarily or permanently, the
  Service (or
  any part thereof) with or without notice to the Licensee, without any liability to the Licensee or to
  any third
  party.
2. 20.2. BiP reserves the right to vary the free and paid-for content/features of the Service and does not
  guarantee
  that the content/features of the Service provided free of charge will remain free of charge and does not
  guarantee
  that the content/features of the Service provided subject to payment will remain a paid-for service.
21. LIMITED WARRANTY
1. 21.1. BiP will use reasonable endeavours to make the Service available 24 hours a day during the
  Licensee’s
  Subscription period. However, BiP will not be liable if for any reason the Service is not available at
  any
  particular time or for any reasonable period.
22. END USER REMEDIES
1. 22.1. BiP’s entire liability and the Licensee’s exclusive remedy in the event that a valid claim is made
  by the
  Licensee to BiP within the terms of the aforesaid warranty shall be, at BiP’s option, the repair,
  reinstatement, or
  replacement of the Service within a reasonable time.
2. 22.2. If any provision of this Licence is judged to be illegal or unenforceable by a court of competent
  jurisdiction,
  the remainder of the provisions of the Licence shall continue in full force and effect.
233. NO OTHER WARRANTIES
1. 23.1. BiP and its licensors disclaim all other conditions or warranties express or implied, statutory,
  or otherwise
  which are hereby expressly excluded to the extent permitted by law. For the avoidance of doubt, neither
  BiP nor its
  licensors warrant the quality or accuracy of any information or documentation resulting from or
  transmitted using
  the Service. There is no warranty by BiP or any other party or person that the functions contained in
  the Service
  will meet the Licensee’s requirement or that the operation of the Service will be uninterrupted or error
  free. The
  Licensee assumes all responsibility for the selection of the Service to achieve the Licensee’s intended
  results, and
  for the installation use and results obtained from it.
24. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
1. 24.1. Neither BiP nor its licensors shall be liable for any indirect, special or consequential loss,
  loss of profits,
  loss of revenue, loss of business, loss of use, loss of contracts, loss of anticipated savings or for
  any indirect
  economic or financial loss whatsoever and howsoever suffered, even if BiP has been advised of the
  possibility of
  such damages.
2. 24.2. Nothing in this Licence shall exclude or limit BiP’s liability for death or personal injury or any
  other
  liability that cannot be lawfully excluded under any applicable law.
25. FORCE MAJEURE
1. BiP will not be liable for any delay in performing or failure to perform its obligations under this
  Licence due to
  any cause outside BiP’s reasonable control. Such delay or failure shall not constitute a breach of this
  Licence and
  the time for performance of the affected obligation shall be extended by such period as is reasonable.
26. PRIVACY AND COOKIES
1. 26.1. This website uses cookies to store information on Users’ computers. Most of these cookies are
  essential to make
  the site work and have already been set. Others help BiP to improve the service by giving some insight
  into how the
  site is being used. BiP’s Privacy Policy details the cookies that are set and the information they
  store.
2. 26.2. By using the Service and/or by accepting these Terms and Conditions the Licensee also accepts
  BiP’s Privacy
  Policy. BiP’s Privacy Policy can be found at https://www.bipsolutions.com/privacy-policy.
27. LOCAL LAWS AND EXPORT CONTROL
1. 27.1. BiP Solutions operates the Service from its headquarters in the United Kingdom and makes no
  representation that
  it is appropriate or available for use in other locations.
2. 27.2. The Licensee acknowledges and agrees that Materials are subject to Scottish laws and Regulations.
  Diversion of
  such Materials contrary to Scottish law is prohibited.
28. LAW AND JURISDICTION
1. 28.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of
  Scotland and any
  disputes shall be subject to the jurisdiction of the courts of Scotland, unless otherwise submitted by
  BiP Solutions
  Ltd.

BI Platform Terms and Conditions version 4 – effective from 20 June 2024

Terms and Conditions – Version 4

1. INTERPRETATION

2. APPLICABILITY

3. SERVICE LICENCE

4. THE SERVICE

5. TERMS OF BUSINESS

6. RENEWALS

7. CANCELLATIONS

8. EARLY SERVICE TERMINATION

9. OUTSTANDING SUBSCRIPTION PAYMENTS

10. OUR DATA ON TERMINATION OR EXPIRY OF YOUR LICENCE

11. OTHER RESTRICTIONS

12. FAIR AND ACCEPTABLE USE POLICY

13. LICENSEE’S USE OF BIP WEBSITES AND WEB-BASED ELEMENTS OF THE SERVICE

14. LINKS TO THIRD PARTY SITES

15. PROMOTIONS AND ADVERTISING

16. CONFIDENTIALITY

17. CONSEQUENCES OF BREACH OF THESE TERMS

18. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

19. PATENTS AND TRADEMARKS

20. MODIFICATIONS TO SERVICE

21. LIMITED WARRANTY

22. END USER REMEDIES

233. NO OTHER WARRANTIES

24. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS

25. FORCE MAJEURE

26. PRIVACY AND COOKIES

27. LOCAL LAWS AND EXPORT CONTROL

28. LAW AND JURISDICTION