TERMS AND CONDITIONS
FIRST: BCLEVR USE TERMS AND CONDITIONS
- BCLEVR: is the brand of the platform, owned by BCLEVR, based in Rua Prof Dr Carlos Lloyd 14, 2º Dto 4715-319 Braga, Portugal.
- www.bclevr.com: is BCLEVR?s web address, owned by BCLEVR, based in Rua Prof Dr Carlos Lloyd 14, 2º Dto 4715-319 Braga, Portugal.
- Visitor: any private individual or legal entity accessing BCLEVR website until the moment that either a budget request is solicited, the Visitor registers onto the website or leaves the website.
- User: any private individual or legal entity accessing BCLEVR website and submitting a budget request.
- Supplier: any private individual or legal entity accessing BCLEVR website registered on the platform as a service supplier or product vendor.
- User Information: any information provided by the User upon filling the budget?s request form on BCLEVR website.
- Supplier Information: any information provided by the Supplier upon filling the registration form on BCLEVR website, subsequently added to their personal account on BCLEVR website, or any other information resulting from the use of the BCLEVR website.
- Budget Request: information filled in the form by the User in which a description of the necessary service of product is described. This form comprises a set of preconceived Questions and Answers in which, for most cases, the User will be requested to select one or more of the given answers.
- System: computer equipment; database and data transmission; computer programs and applications; commands sequences and automatic analysis processes; and data processing used by BCLEVR.
- BCLEVR website: set of web contents owned and managed by BCLEVR; it is composed by the website/page, its domains and subdomains, internet pages and related content and data.
- User?s Contacts: set of User?s contact information which includes First and Last Name, Phone Number and User?s Email Address.
- Budget Proposal: information provided by the Supplier to the User concerning a budget request that concerns the Supplier, such as a Service, Product/Good or Property Value.
- Acquiring a Budget Request: is when a Supplier pays to BCLEVR a determined number of credits that will allow for a Budget Proposal to be sent to the User that submitted the request.
- Pending Budget Request: status in which a determined Budget Request is since it has been submitted until it is successfully validated via email by the User requesting it.
- Open Budget Request: status that a determined Budget Request reaches when the User submitting the request validates it via email.
- Closed Budget Request: status that a determined Budget Request reaches either when it has been acquired by an equal number of Suppliers as the number of vacancies, when it has been acquired by at least one Supplier and it has reached the end of its Purchasing Phase, when it has been acquired by a Supplier in a Sales Phase, or when it reaches the end of its period Sales Phase.
- Status Page: is the unique and exclusive page created by BCLEVR, for each User and Budget Proposal, through which the User may consult the Suppliers they have acquired and from whom they have received a Budget Proposal.
- Pending Budget Proposal: is the status of a Budget Proposal sent by a Supplier to a User that has not yet been Rejected nor Settled.
- Rejected Budget Proposal: is the status of a Budget Proposal sent by a Supplier to a User, who has chosen to reject the proposal.
- Settled Budget Proposal: is the status of a Budget Proposal sent by a Supplier to a User, who has chosen to settle for the proposal.
- Group: is the set of activities that fit into a determined grouping.
- Activity: is the set of Services, Products/Goods or Property Values that fit into that group.
- Service: is what a Supplier caters to the User upon the referred payment.
- Product/Good: is a Supplier provides to the User upon the referred payment.
- Property Value: is an estate the Supplier has to rent or sell to the User upon the referred payment.
- Auction Deadline: is the time limit for the Auction Phase to be finished.
- Purchase Deadline: is the time limit for the Purchase Phase to be finished.
- Sale Deadline: is the time limit for the Sale Phase to be finished.
- Budget Proposal Deadline: is the time limit a Supplier has to send a budget proposal to the User.
- Fined Budget Proposal Deadline: is the time limit, subject to a fine/caution, that a Supplier has to send a budget proposal to the User.
- Deadline for User?s Contacts to be Visible: is the time limit for the Supplier to be able to see the User?s Contacts.
- Fine: represents an amount of credits that the supplier will have to pay if they wish to send a budget proposal to a User after the regular deadline to do so is finished.
- Credit: is the internal currency used by BCLEVR, directly related to the country?s currency. Each credit is valued by a certain number of each country?s currency.
- Vacancies: is the number of Suppliers registered at BCLEVR that may acquire a certain budget proposal.
- Minimum Bid: is the minimum credit value that a registered Supplier at BCLEVR may bid, during the Auction Phase, to acquire a certain budget proposal.
- Bidding Range: is the credit value that is incremented on every bid.
- Purchase Value: is the purchase credit value of a certain budget request, during the Purchase Phase.
- Sale Value: is the purchase credit value of a certain budget request, during the Sale Phase.
- Auction Phase: is the initial stage of all budget requests successfully submitted by a User. They have a fix duration period during which the budget proposals may be bid by the Suppliers.
- Purchase Phase: is the stage after the Auction Phase; to this stage come all of the budget requests that have not been bid upon by an equal or superior number of Suppliers as the available Vacancies.
- Sale Phase: is the stage after the Purchase Phase; to this stage come all of the budget requests that have not been acquired by any Suppliers in none of the previous Phases.
- BCLEVR website is an online platform where the User submit their budget requests with the purpose of soliciting to the registered Suppliers budget proposals for a certain Service, Product/Good or Property; it is where the registered Suppliers access the budget request submitted by the users with the purpose of sending them a budget proposal and try to have it settled by the Users.
- The budget requests submitted by the users are presented to the registered Suppliers whose activity and location are compatible and recorded on the same budget requests. It will be up to each of the registered Suppliers to decide if the request presented is of interest and to respond to it.
- It is the User?s full and exclusive responsibility to analyze each and all of the budget proposals sent by the Suppliers, as well as to settle for or reject them and, consequently, each Supplier, so that BCLEVR may never be held responsible in any form or nature for any data or information contained in the budget requests or in the User?s submitted data, as well as for any data or information in the budget proposals or in the Supplier?s submitted data, nor for the provision of services or transaction of Products/Goods that may result from a possible settlement.
- BCLEVR only collects, and only though its website, the budget requests submitted by Users and the information of categories and locations selected by the registered Suppliers and, using the criteria of Service, Product/Good or Property and Location, to submit to the registered Suppliers the budget requests that comply with these criteria.
- BCLEVR assures that each User receives, for each budget request submitted, not more than five (5) budget proposals.
- BCLEVR does not assure that each User receives, for each budget request submitted, at least one (1) budget proposal.
- BCLEVR does not assure that the Supplier receives, for a certain budget proposal sent, a settlement or rejection, being that the decision on settling, rejecting or neither entirely and exclusively depends only on the User that has received that same budget proposal.
- The Users consider themselves obliged to consult each and every budget proposal received for a certain submitted budget request as well as to settle for one of those proposals and to reject the remainder, or to reject all of the budget proposals.
- The Suppliers are not obliged to bid or acquire any of the budget requests that are presented to them by BCLEVR.
- The Suppliers are obliged to send a budget proposal, within a deadline of twenty-four (24) hours, to a budget request that has been acquired in the Auction Phase or the Purchase Phase.
- The User, by settling for a budget proposal, is limited to inform both the Supplier that sent the proposal, as well as BCLEVR, that the budget proposal is considered valid and that wishes to be contacted by the Supplier, and this act of settling may never be regarded as a legal or contractual obligation to provide services or commercial transactions between the User and the Supplier.
- The User, by rejecting a budget proposal, is limited to inform the Supplier that has sent that same proposal, as well as BCLEVR, that the budget proposal is not considered valid and that doesn?t wish to be contacted by the Supplier, and this act of settling may never be regarded as a legal or contractual obligation to provide services or commercial transactions between the User and the Supplier.
- All the data and information on the website, included in the budget requests or the data submitted of and by the Users, as well as the data and information also present on the website and included in the budget proposals or in the data of and submitted by the Suppliers, were whole and exclusively introduced by Users and Suppliers respectively.
- BCLEVR is does not select specific Suppliers to send budget proposals to a specific budget request. The Acquisition Vacancies from a certain budget request will be filled by the Suppliers according to the highest bid made during the Auction Phase or by temporal order of acquisition during the Purchasing Phase.
- The Users and Suppliers are obliged to include only true and correct information, as well as, and whenever necessary according to the service to be provided, the supporting documents for the proper exercise of the respective activity.
- BCLEVR is not responsible for the information submitted to the website by the Suppliers, being at the User?s care to, prior to the selection of the Supplier, evaluate and prove the veracity, correction and integrity of the information provided.
- The submission, by the Supplier to the User, of fraudulent proposals or of false or incorrect documents, may not be, under any circumstance, imputed to BCLEVR, being the User?s responsibility to select the Suppliers and for confirming the information by them submitted.
- BCLEVR ensures the continuous and correct operation of the website, except when, for reasons beyond their control, such compliance cannot be accountable.
- Notwithstanding the foregoing, BCLEVR reserves the right, as the owner of the Website, to suspend or terminate its operation whenever it understands it justifiable (whether related with third parties, whether related to the business model), which, in any case, shall be communicated to the Users as soon as possible.
- The Users and Suppliers are obliged, by submitting information, to have into consideration the fulfilment of the current legislation, in particular with regard to competition, protection of consumer rights, misleading advertising and discrimination, being equally forbidden the sharing of information of an obscene nature or with indecent content, in violation of good customs or pornography, as well as references or referrals to other sites, of whatever nature, are also forbidden.
- The Users and Suppliers commit to ensure that none of the information made available to BCLEVR contains computer viruses, macro viruses, Trojan horses, worms or anything that may cause interference or may in any way disrupt the operating procedures of a computer.
- Users and Suppliers are also prevented from accessing the system without express authorization, as well as intercalating or intercepting clandestinely data or information of any nature, in particular of a personal nature.
- BCLEVR shall not be held responsible for any error, omission, inaccuracy or falsity of the information transmitted by Users and Suppliers.
- BCLEVR reserves the right not to use, in any way, any information that violates this Use Agreement.
FIFTH: RIGHTS AND OBLIGATIONS
- The adhesion as a User or Supplier to the Use Agreement constitutes the conclusion of a contract between them and BCLEVR, resulting in rights and obligations for each of the parties, namely:
- BCLEVR has the obligation to collect the requests of the Users and other information related to them and to communicate them to the registered Suppliers who provide services corresponding to the ones desired by the Users.
- The access of the Suppliers to the Users? Budget Request depends on the previous acquisition of credits according to the section PAYMENTS.
- Users are obliged not to submit budget requests that are not admitted by law or by the terms of this Agreement of Use.
- Users are solely responsible for the content and accuracy of any information provided.
- Users and Suppliers shall oblige not to copy, reproduce, modify or otherwise use any content on the Website, nor to use works and requests that have been made known by this means for purposes other than the contract negotiated and / or submitted through the contacts made available by the Website, as well as undertakes not to send to third parties or otherwise disclose requests contained in the website, distribute or publicly display any content of the website without previous and express authorization of BCLEVR.
- Users and Suppliers agree not to use the BCLEVR Website, its contents or services for a purpose other than that for which it is intended, namely for illicit, illegal or otherwise capable of colliding with legally protected third-party rights.
- The Suppliers are obliged to provide the services and perform the works according to the good practices of their professional activities and to respect the codes of ethics and technical regulations that fit them.
- BCLEVR is not, in any way, part of the contractual relationship established between User and Supplier, and therefore they acknowledge that no liability can be attributed to it, in particular as regards the performance of the contract and the fulfillment of the contractual obligations of the parties involved.
- Likewise, BCLEVR cannot be held liable for any breach of contract or non-contractual liability, as well as for any loss or damage that may result to any of the parties.
- Emerging conflicts of relationships established between Users and Suppliers should be reported to BCLEVR.
- The information collected under the previous point is intended to enable BCLEVR to improve and update the information concerning the information on its website.
- BCLEVR has the right to clarify and ascertain, at its own initiative and whenever it deems necessary, any complaints it may have in order to evaluate and decide on the permanence of Users and Suppliers on its Website.
- The use of the Website may be suspended for a certain period whenever it is demonstrated that any of the obligations of the Users and / or Suppliers resulting from this Use Agreement have been violated, in which case the possibility of using the credits of the Suppliers involved is also suspended during the Period.
- The possibility of using available credits is suspended until there is confirmation that the issue is resolved by both parties - Supplier and User. In the event that there is no resolution of the issue, the available credits will remain in the account suspended until the end of the subscription period of the Supplier.
- Users and Suppliers may be permanently prevented from using the Website whenever the breach of this Agreement of Use proves to have been sufficiently serious, either according to the behaviors or the means used or the damages caused.
- BCLEVR reserves the right to suspend or terminate the service provided by the use of its website to a User or Supplier whenever it is suspected that it is violating or intends to violate the provisions of this Agreement of Use or in applicable legislation.
- The possibility of withholding the credits already paid and the cases in which they are expected to be returned to the respective Suppliers are listed in the section RETURN POLICY
- On the Purchase Phase, budget requests can be purchased by Suppliers for a certain amount of credits. This value will always be visible in each and every budget request.
- The acquisition value depends solely and exclusively on the type of category in which it fits, not taking into account any other factors such as the size or estimated values of the service or product.
- BCLEVR reserves the right to change, without notice to Registered Suppliers and whenever it so wishes, the amounts of credits for the acquisition of each category of budget request.
- Supplier may only acquire credits for their BCLEVR account by subscribing to one of the credit packages made available through the Website.
- BCLEVR reserves the right to change, without notice to Registered Suppliers and whenever it so wishes, the amounts, quantities and discounts of each credit package.
- Suppliers do not need to purchase credits to register with BCLEVR.
- Users' use of the Website is free of charge.
TENTH: TRANSITIONAL AND FINAL PROVISIONS
- In the event that any of the clauses and provisions of this Agreement of Use are deemed invalid, the same will not be used, but such invalidity does not call into question the validity and application of the remainder.
- The implied or explicit breach of a User or Supplier of any provision of this Agreement, determines the termination, with immediate effect, of access to the Website.
- This Agreement of Use constitutes the entire agreement between BCLEVR and Users and Suppliers, substituting all other previous documents, including communications, exchanges of intentions or other agreements concerning the same content.
- Any communication made within or for the purpose of implementing or complying with this Agreement may be made via simple mail to the address on the Website and the information collected from Users.
- Any changes to the terms of this Agreement of Use need to be written and brought to the knowledge of the counterparty, assuming acceptance of the same if, after becoming aware of them, the use of the Website remains.
- Nothing in this Agreement constitutes or is likely to be confused with the formation of any partnership, joint ventures, mandate, commission or other relationship other than arising out of the contractual link contained in the Agreement entered into by this Agreement.