COMPETEFOR TERMS AND CONDITIONS
- 1.1 These Terms and Conditions govern your access to and use of the CompeteFor System ("CompeteFor") which BiP Solutions Limited ("BiP") operates on behalf of Transport for London ("TfL") from the URL www.competefor.com. By viewing and/or registering to use CompeteFor, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, you may not use CompeteFor. If you are registering as or on behalf of an entity, you represent that you have the authority to bind that entity to these Terms and Conditions.
- 1.2 CompeteFor gives access to websites hosted or operated by or on behalf of entities other than BiP and TfL. These Terms and Conditions are not displaced or subordinated in any circumstances in which they are or could be applicable, and they apply in favour of TfL in respect of your access to and/or use of such other websites, irrespective of the terms and conditions of those websites (which may also bind you).
- 1.3 For the purposes of these Terms and Conditions and in operating CompeteFor, BiP is acting on behalf of or in conjunction with Tfl and the Greater London Authority Group (each as defined below).
- 2.1 In these Terms and Conditions the following expressions have the following meanings:
- "Authorised Synidcate Member"means an organisation or party that has contracted with BiP for syndication services under a specific Syndication Agreement;
- "BIS" means the Department for Business, Innovation & Skills (and its statutory successors, assigns and transferees);
- "BiP" means BiP Solutions Limited, a company registered in Scotland with Company Registration Number SC086146 whose registered office is Medius, 60 Pacific Quay, Glasgow, G51 1DZ;
- "Business Support Agency"means a person contracted, by one or more of any of the members of the Greater London Authority Group, BIS, the DAs, UK Trade and Investment, to provide business support;
- "Buying Organisation" means any entity or person that uses CompeteFor to advertise the Opportunities;
- "CompeteFor" means the electronic brokerage system operated by BiP on behalf of TfL for use by Buying Organisations and Suppliers in order to match the needs of Buying Organisations to Suppliers who can potentially meet those needs;
- "DAs" means Devolved Administrations comprising Scottish Enterprise, Invest Northern Ireland and the Welsh Assembly Government (and their statutory successor, assigns and transferees);
- "Designated Third Parties" means an Interested Third Party who is not acting as a Buying Organisation;
- "Games" means the Games of the thirtieth Olympiad and the Paralympic Games that took place in 2012 in London;
- "Games Opportunity/ies" means any contract opportunity which relates and/or related (in whole or in part) to supporting the Games and the Legacy Masterplan Framework. Games Opportunities include, without limitation, those contracts let directly by (i) ODA and/or LOCOG, (ii) OPLC and/or LLDC, (iii) organisations which have a direct contractual relationship with the ODA, LOCOG, OPLC and/or LLDC in relation to delivery of the Games and the Legacy Masterplan Framework ("Contractors") and (iv) members of Contractorsâ respective supply chains;
- "Greater London Authority Group" means the group comprising the Greater London Authority; its functional bodies from time to time (as defined by the Greater London Authority Act 1999) and which currently include Transport for London, the Mayor's Office for Policing and Crime, the London Fire and Emergency Planning Authority, the London Legacy Development Corporation; and each of their subsidiaries from time to time in place;
- "GLA" means the Greater London Authority, an authority created under the Greater London Authority Act 1999 and whose offices are located at City Hall, The Queenâs Walk, More London, London, SE1 2AA;
- "Interested Third Parties" means the Greater London Authority Group or any member thereof, BIS, the DAs, UK Trade and Investment, and/or a Business Support Agency, and/or any entity defined as a contracting authority in the Public Contracts Regulations 2006; and/or a utility in the Utilities Contracts Regulations 2006 and includes a Designated Third Party;
- "Legacy Masterplan Framework" means developing a legacy for the Games through regeneration and the delivery of sustainable legacy communities. The Legacy Masterplan Framework is intended to be embodied in a document to be produced by the GLA and/or LLDC and/or the ODA in advance of the Games;
- "LLDC" means the London Legacy Development Corporation, a functional body of the GLA as provided in section 424(1) of the Greater London Authority Act 1999 and established pursuant to an order made under section 198 of the Localism Act 2011;
- "LOCOG" means The London Organising Committee of the Olympic Games and Paralympic Games Limited;
- "ODA" means the Olympic Delivery Authority;
- "OPLC" means the Olympic Park Legacy Company Limited a company limited by guarantee with Company Registration Number 6900359;
- "Opportunities" means a contract opportunity available in London which is related (in whole or part) to any public or private sector organisation and their supply chain and includes a Games Opportunity;
- "Supplier" means a supplier who responds to an Opportunity using CompeteFor;
- "Syndication Agreement"means a signed agreement that specifically grants to an organisation or party rights to syndicate content from CompeteFor, where syndication means the republishing of the content from CompeteFor on another website, whether by automated means or otherwise;
- "TfL" means Transport for London, a statutory corporation created by the Greater London Authority Act 1999 and whose principal office is located at Windsor House, 42-50 Victoria Street, London, SW1H 0TL and all of its subsidiaries (as defined in Sections 736 and 736A of the Companies Act 1985 and its statutory successors, assigns and transferees). In these Terms and Conditions references to "us", "our" and "we" are references to TfL;
- "Website" means the website at www.competefor.com;
- "we" means BiP (and where expressly stated TfL) and "our" shall be construed accordingly;
- "you" means users of the Website, including without limitation the Buying Organisations and/or Suppliers who have registered to use CompeteFor and accepted these Terms and Conditions, and "your" shall be construed accordingly.
3 COPYRIGHT STATEMENT
- 3.1 The contents of this Website (including all website designs, text, graphics, the selection and arrangement thereof and all software compilations, underlying source code, software and all other material) are copyright of TfL or BiP except insofar as individually stated on particular materials or items.
- 3.2 You may view the Website and, unless specified otherwise, may download any part of it to a personal computer (or other device which is capable of accessing the Internet) for the purpose of using CompeteFor only, but you are not permitted without our permission:
- (a) to store it or any part of it other than for the purposes set out in this section 3.2;
- (b) to print out copies except:
- (i) in connection with your use of CompeteFor;
- (ii) for your own viewing;
- (iii) for private purposes; or
- (iv) for the purposes of your business (other than re-publishing such material for commercial purposes); or
- (c) except in connection with CompeteFor, to reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium. You are also not entitled to alter the content, other than your profile or the Opportunity, in any way.
4 USE OF THE WEBSITE
- 4.1 BiP provides you with access to and use of the Website. The Website may not be used by temporarily or indefinitely suspended users of CompeteFor.
- 4.2 You may not use the Website:
- (a) in any way that breaches any applicable local, national or international law;
- (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- (c) to post or transmit any threatening, libellous, defamatory, inflammatory, obscene, pornographic, or discriminatory material or any other material that would infringe any intellectual property rights or any other rights of any third party; and
- (d) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 4.3 BiP and TfL (either individually or collectively) reserves the right to refuse access to the Website and remove content at its discretion without notice. Neither BiP nor TfL will be liable if for any reason the Website is unavailable at any time or for any period.
- 4.4 The Website may contain links to third party websites. You acknowledge and agree that neither BiP nor TfL is responsible or liable for the content of, availability of, or services provided by, such third party sites.
5 USE OF COMPETEFOR
- 5.1 This section 5 relates only to Buying Organisations and Suppliers who have registered to use CompeteFor.
- 5.2 Buying Organisations can register on CompeteFor to seek Suppliers for the Opportunities. Suppliers can register on CompeteFor to respond to the Opportunities. CompeteFor will match potential Suppliers to the Opportunities based on information contained in the Suppliers' profile and the answers given to evaluation questions asked by the Buying Organisations.
- 5.3 You represent and warrant that your access to and use of CompeteFor is exclusively for legitimate business purposes and that the information you submit when using CompeteFor is about an Opportunity and is accurate, complete and current. BiP reserve the right at its absolute discretion to remove an Opportunity from the Website and to suspend your use of CompeteFor if, in BiP's opinion, you are in breach of this term.
- 5.4 Buying Organisations may use CompeteFor in relation to the Opportunities only. Contracts identified by BiP at its absolute discretion as opportunities other than the Opportunities may be removed from CompeteFor without warning.
- 5.5 CompeteFor serves purely as a brokerage service to facilitate, but not to ensure, the matching of Buying Organisations and Suppliers for the Opportunities. BiP and TfL accept no responsibility and exclude all liability to Suppliers and to Buying Organisations in the event that CompeteFor fails to match Suppliers to Buying Organisations. Nor is liability accepted if an Opportunity is withdrawn, amended or terminated at any time, including if the relevant Buying Organisation is TfL or BiP
- 5.6 You acknowledge and agree that both BiP and TfL only make limited, if any, enquiries of users of CompeteFor, including Buying Organisations and Suppliers, and cannot verify that every contract opportunity registered by Buying Organisations is in fact an Opportunity. You are responsible for making your own enquiries of the relevant user and using your own judgement before offering or responding to an Opportunity.
- 5.7 You acknowledge and agree that neither BiP nor TfL, independently verify the content that is submitted to CompeteFor by Buying Organisations and Suppliers. BiP and TfL do not, will not and accept no responsibility or liability whatsoever for any representations or warranties in relation to the content that the Buying Organisations and Suppliers submit to CompeteFor or any reliance Buying Organisations and Suppliers may place upon such content. Neither BiP nor TfL recommend endorse or otherwise support any Buying Organisation or Supplier or any offer of or response to an Opportunity.
- 5.8 You acknowledge and agree that any transaction entered into by a Buying Organisation and a Supplier as a result of using CompeteFor will be a contract between the Buying Organisation and the Supplier, and neither BiP nor TfL will have any liability in respect of or arising out of or in connection with such contract unless TfL or BiP is the applicable Buying Organisation.
- 5.9 If you are a Buying Organisation, you:
- (a) agree that you will use CompeteFor in order to advertise the Opportunities only;
- (b) agree, when completing or updating the information and any images relating to the Opportunity, to comply with the guidance or rules regarding the content of such information and images given on the Website;
- (c) agree that you will comply with all applicable laws and regulations and, in particular,(without limitation) with any relevant procurement rules (including the Public Contracts Regulations 2006) and competition laws when using CompeteFor;
- (d) agree to keep information provided to you through CompeteFor in relation to Suppliers confidential and not share it with any third party;
- (e) agree that, at the end of the procurement process for the Opportunities, you will:
- (i) provide BiP and TfL with an update on the outcome of the tender process;
- (ii) cooperate with BiP and TfL in the evaluation of the tender process;
- (iii) provide feedback to Suppliers; and
- (f) acknowledge that, in using CompeteFor, you are not, subject to the provisions of clauses 14.2 to 14.4 below, restricted or discouraged from advertising the Opportunities via other means.
- 5.10 If you are a Supplier you:
- (a) acknowledge that a Buying Organisation is under no obligation to select a Supplier from the shortlist provided through CompeteFor, and may, subject to the provisions of clauses 14.2 to 14.4 below, advertise the Opportunities via other means, and that BiP nor TfL accept any liability whatsoever for any Opportunity or other opportunity which the Supplier obtains or does not obtain;
- (b) agree, when completing or updating the information and any images in your profile, to comply with the guidance or rules regarding the content of such information and images given on the Website; and
- (c) agree to ensure that your profile remains accurate by updating it without delay in respect of any material change. Failure to comply with this term may result in BiP suspending your use of CompeteFor.
- (d) Use the site as a source of material for republication via any alternative medium unless you are an Authorised Syndication Member, which is covered by separate agreement.
- 5.11 BiP reserves the right to suspend your use of or registration with CompeteFor at its discretion and without liability, and/or where relevant to seek compensation for any loss caused, including in the event that:
- (a) you are in breach of your obligations under these Terms and Conditions; or
- (b) you cease to use CompeteFor for a period of 6 months.
- 5.12 If you are a Buying Organisation or a Supplier, there is currently no charge for your use of CompeteFor for the Opportunities in accordance with these Terms and Conditions provided always that BiP reserves the right, where agreed by TfL and following notification to you by a notice on this Website or otherwise, to introduce a charge for CompeteFor in the future. You will not be charged without having an opportunity to withdraw.
6 ACCESS TO COMPETEFOR
- 6.1 BiP and TfL grant you a revocable, nonâexclusive, nonâtransferable licence to access and use CompeteFor subject to your continuous compliance with these Terms and Conditions.
- 6.2 The licence referred to in section 6.1 above does not allow you to:
- (a) collect and use substantial parts of the Website or databases for the commercial purpose of sharing with third parties;
- (b) use the Website in conjunction with data extraction and data gathering tools; or
- (c) create and/or publish a database that contains substantial portions of the Website, or the contents of the Website, without the BiP's prior written consent and you acknowledge that in its consideration of requests for such BiP shall be required to seek the prior written approval of TfL of the granting of any such consent.
- 6.3 You are responsible for making all arrangements necessary for you to have access to CompeteFor. You are also responsible for ensuring that all persons who access CompeteFor through your internet connection are aware of these Terms and Conditions and that they comply with them.
- 6.4 BiP reserves the right to refuse access to CompeteFor and remove content at its discretion without notice. Neither BiP nor TfL will be liable if for any reason CompeteFor is unavailable at any time or for any period.
- 7.1 You will need a User ID and password in order to access and use CompeteFor. When you choose a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. BiP have the right to disable any user identification code or password at any time if in BiP's or TfL's opinion you have failed to comply with any of the provisions of these Terms and Conditions or for any other reason at the discretion of BiP and/or TfL.
- 8.1 All of the content featured or displayed on the Website (other than content which you submit) including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software are owned by and/or subject to intellectual property rights of TfL,BiP, its licensors and/or other content providers, unless otherwise stated. You acknowledge that TfL, BiP, its licensors and other content providers own and/or hold intellectual property rights in such content.
- 8.2 You represent and warrant that you own (or have the relevant rights to) the content that you submit to CompeteFor and that such content is up–to–date, accurate and not misleading in any way and that the use of the content does not breach any law or the rights of any third parties.
- 8.3 If any of the content that you submit to CompeteFor ceases to be accurate, you agree to inform us of this inaccuracy immediately and to take all reasonable measures to correct such information or, if this is not possible, to remove it from the Website as soon as reasonably practicable.
- 8.4 Permission is granted to you to electronically copy and to print hard copy portions of this Website for the purpose of using CompeteFor only. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of TfL is strictly prohibited.
- 8.5 Neither BiP nor TfL make any representation or warranty that the information accessible via CompeteFor is accurate, complete or current.
- 8.6 Except where specifically stated otherwise on the Website, any material, information or any other communication you transmit or post when accessing and using CompeteFor (other than your personal information) will be visible to other registered users of CompeteFor and will be considered non-confidential and neither BiP nor TfL will have any liability for it or for the use to which it may be put.
- 8.7 BiP and TfL have the right to copy, disclose, distribute and use the content uploaded to the Website by you for the purposes set out in these Terms and Conditions and for statistical analysis, diversity profiling and targeting business support and resource.
- 8.8 You have the right and ability at your sole discretion to remove any content that you may upload to the Website when using CompeteFor.
9 DATA PROTECTION
- 9.1 You will need to be a registered user in order to access and use CompeteFor. BiP may (on its own behalf and that of TfL) collect personal information when you register and use CompeteFor. The registration process involves providing BiP and TfL with your email address, address, contact details, ownership profile and employee profiles. TfL and/or BiP may use this information, in accordance with its obligations under the Data Protection Act 1998, to:
- (a) provide you with access to and take action in respect of CompeteFor;
- (b) contact you in connection with CompeteFor, the Opportunities, other business opportunities, and other business support advice and information;
- (c) evaluate CompeteFor;
- (d) monitor diversity; and
- (e) target resources.
- 9.2 You acknowledge and agree that TfL and BiP may share the information collected from and about you with other parties. BiP and TfL send personally identifiable information about you (which you have supplied in connection with the Opportunities) to other companies, organisations or people in the following situations:
- (a) Agents and partners: TfL may share your information with Designated Third Parties and persons which it engages or with which we cooperate to support business improvement. These agents and partners may have access to personal data for the purposes set out in section 9.1 but may not use it for any other purpose;
- (b) Compliance with law, fraud and risk avoidance: BiP and TfL will release personal information where it is required or permitted to do so by law or by the regulations and other rules (including auditing requirements) to which it is subject. TfL may in particular exchange information with other companies and organisations for fraud protection and credit risk reduction; and
- (c) Consent: Other than as set out in these Terms and Conditions BiP and TfL will not share personal information with third parties without your consent.
- 9.3 You have the right to ask for a copy of the information held about you by BiP or TfL in its records in return for which you may be charged a small fee. You also have the right to require us to correct any inaccuracies in your information.
10 COOKIES, WEB BEACONS AND WEBSITE USAGE DATA
- 10.1 Technology known as "cookies" can be used to provide you with tailored information from the Website. A cookie is a small data file that the Website writes to your hard drive when you visit it. A cookie cannot read data off your hard disk or read cookie files created by other websites. Cookies, however, enhance the Website performance in a number of ways including providing a secure way for us to verify your identity during your visit to the Website and personalising your experience on the Website making it more convenient for you.
Most browsers are defaulted to accept and maintain cookies and you can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it or not.
- 10.3 By using this Website, you agree that we may store and access cookies on your device.
- 10.4 The main cookies set by this Website and what each are used for are listed below:
Cookies for enabling the provision of services
This Website sets a cookie that stores a unique identifier for your session:
Typical content: randomly generated alpha-numeric value
Expires: At end of session
This Website sets a cookie that stores your username if you set remember me to true to keep you signed in to your computer:
Typical content: username of user who has signed on
Expires: 1 month after sign in
This website sets a cookie that stores an encrypted security string if you set remember me to true to keep you signed in to your computer securely:
Typical content: encrypted security ID string
Cookies for improving services
Google Analytics sets cookies to help us accurately trend user activity and page requests. This ensures that the service offers the most user friendly journey through the application.
Typical content: alpha-numeric value
Expires: when user exits the browser
Typical content: alpha-numeric value
Expires: when user exits the browser
Typical content: alpha-numeric value
Expires: when user exits the browser
Typical content: alpha-numeric value
Expires: when user exits the browser
- 10.5 The Website pages may contain electronic images known as Web beacons (sometimes called single-pixel gifs) which allows BiP and TfL to count users who have visited those pages and to deliver coâbranded services. Web beacons are not used to access your personally identifiable information on the Website. They are a technique we use to compile aggregated statistics about the Website usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view and a description of the page on which the Web beacon resides.
- 10.6 With or without cookies, this Website keeps track of usage data, such as the source address that the page request is coming from (i.e. your IP address), domain name, date and time of the page request, the referring website (if any) and other parameters in the URL (e.g. search criteria). We use this data to better understand Website usage so we know what areas of the Website users prefer. This information is stored in log files and is used for aggregated and statistical reporting but is not attributed to you as an individual.
11 FREEDOM OF INFORMATION
- 11.1 TfL is a public authority for the purpose of the Freedom of Information Act 2000 (the "FOI Act") and the Environmental Information Regulations 2004 (the "EIR") and TfL will, as a public authority, determine in its absolute discretion and be responsible for its response to any request for information made to it under the FOI Act and/or the EIR and shall not be liable to you or any other person for any loss suffered as a result of any bona fide disclosure of information under the FOI Act or the EIR.
- 11.2 You shall assist TfL at no additional charge in meeting any reasonable requests made to it in connection with the FOI Act, the EIR or any similar legislation, including (without limitation) sections 61 and 110 of the Greater London Authority Act 1999.
- 11.3 You shall not respond to any request made to you under the FOI Act or the EIR (or any similar legislation, including (without limitation) sections 61 and 110 of the Greater London Authority Act 1999) in respect of CompeteFor, but shall refer any such request to TfL immediately upon receiving such request.
12 LIMITATION OF LIABILITY
- 12.1 BiP and TfL accept no responsibility for and exclude all liability in connection with the use of CompeteFor including but not limited to any liability for errors, inaccuracies, omissions or misleading or defamatory statements in the content submitted by Buying Organisations and Suppliers when using CompeteFor unless TfL or BiP is the applicable Buying Organisation. You shall notify BiP immediately in the event that you are aware that any of the content on the Website contains errors, inaccuracies, omissions or misleading or defamatory statements.
- 12.2 Neither BiP nor TfL guarantees continuous, uninterrupted or secure access to the Website and CompeteFor or that the operation of the Website and CompeteFor will not be interfered with due to factors outside BiP's and/or TfL's control. The materials on the Website and CompeteFor are provided "as is", and TfL and BiP make no representations,do not warrant and accept no liability (to the fullest extent permitted by law) for any representations, warranties (express or implied) of any kind including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose with respect to CompeteFor or any materials on the Website.
- 12.3 Neither TfL nor BiP nor any of its affiliates, directors, officers, employees agents or other representatives will be liable for any losses or damage of any kind (including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties) arising out of or in connection with any information from and/or the use of CompeteFor or the Website.
- 12.4 For the avoidance of doubt, neither BiP nor TfL limits its liability for fraudulent misrepresentation, death or personal injury where such liability arises as a result of the negligence of BiP or TfL.
- 13.1 You agree to indemnify and hold BiP, TfL and their affiliates, directors, officers, employees agents or other representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
14 TRADEMARKS AND DENIAL OF MARKETING RIGHTS
- 14.1 Logos relating to and depictions of: (a) "CompeteFor ", "TfL " and "Transport for London " are trademarks of Transport for London in the UK and/or other countries; and (b) other members of the Greater London Authority Group are trademarks of Transport for London in the UK and/or other countries. Other product, organisation and company names and/or logos and/or depictions of the same mentioned on the Website may be the trademarks or registered trademarks of their respective owners.
- 14.2 You confirm and acknowledge that you shall not, by your use of the Website and CompeteFor, nor by your having been awarded a contract in respect of an Opportunity or otherwise, have any right to use any trade marks, trade names, logos or other intellectual property rights of any members of the Greater London Authority Group, TfL, ODA (including the name "the Olympic Delivery Authority"), or of LOCOG (including marks and representations protected by the Olympic Symbol etc. (Protection) Act 1995, and the London Olympic Games and Paralympic Games Act 2006) (together the "Protected Marks"), or to use any trade marks, trade names or logos so resembling the Protected Marks as to be likely to cause confusion with the Protected Marks.
- 14.3 You acknowledge the importance to LOCOG of preserving the value of the Protected Marks and of ensuring that only official sponsors and licensees of the Games obtain an association with the Games and you acknowledge that you shall not, by your use of the Website and CompeteFor, nor by your having been awarded a contract in respect of a Games Opportunity, gain any right to associate yourself with the Games. You agree not to represent that you, any of your products or services, or any Games Opportunity, has been or is endorsed or approved by, the ODA, LOCOG or any other official Olympic or Paralympic body (the "Games Bodies"), or that you, your products or services are in any way associated with the Games Bodies, the Olympic Games and/or Paralympic Games, or London 2012, including by communicating to the media or otherwise publishing or issuing any statement (factual or otherwise) about your use of the Website and CompeteFor or by your having been awarded a contract in respect of a Games Opportunity, unless you have the authority of LOCOG or another Games Body entitled to grant such authority.
- 14.4 You further agree not to:
- (a) undertake any form of ambush marketing, which shall include any activity, whether commercial or non-commercial, that creates, implies or refers to a direct or indirect association of any kind (including an association in the minds of members of the public) between you or any of your products or services and the Games or any Games Body, and includes the display or distribution of advertising materials or products with the intention of gaining exposure for any brand in or within the vicinity of venues at which the Games are taking place, unless such activity has been authorised by a Games Body which is entitled to give such authorisation;
- (b) cause to be done, or permit anyone reasonably within the your control to do, anything which might damage or endanger the validity or distinctiveness of, or the goodwill in, the Protected Marks or other intellectual property rights of any Games Body; or
- (c) do anything which would have an adverse effect on or embarrass any Games Body, or any official supporter or sponsor of the Games.
15 VARIATION AND SEVERABILITY
- 15.1 BiP and/or TfL may revise these Terms and Conditions at any time. In the event that we make any substantial changes to these Terms and Conditions we will notify you by notice on this website or by such other means as we choose including emailing you to inform you of any such changes.
- 15.2 If any part of these Terms and Conditions is held to be void or unenforceable, such provision will be struck out and the remaining provisions will remain enforceable.
- 16.1 No waiver of any of the provisions of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing. The single or partial exercise of any right, power or remedy under these Terms and Conditions shall not in any circumstances preclude any other or further exercise of it or the exercise of any other such right, power or remedy.
17 ENTIRE AGREEMENT
- 17.1 Subject to clause 17.2:
- these Terms and Conditions contain all of the terms which the parties have agreed relating to the subject matter of these Terms and Conditions and supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing relating to CompeteFor and/or the Website. Neither party has been induced to enter into these Terms and Conditions by a statement which the Terms and Conditions do not contain; and you shall make no claim against the BiP and/or TfL in respect of any misunderstanding affecting the basis of your use of CompeteFor and/or the Website or any incorrect or incomplete information howsoever obtained.
- 17.2 Nothing in this clause 17 excludes any liability which one party would otherwise have in respect of any statement it has made fraudulently to the other party.
18 THIRD PARTY RIGHTS
- 18.1 Subject to section 18.2 below, a person who is not a party to these Terms and Conditions shall not have the right (whether under the Contracts (Rights of Third Parties) Act or otherwise) to enforce any of these Terms and Conditions but this does not affect any right or remedy of any person which exists or is available apart from that Act.
- 18.2 Notwithstanding section 18.1, in the event that you access content on the Website that has been provided by an Interested Third Party, such Interested Third Party shall in connection with such content be deemed to be a party to these Terms and Conditions and/or shall be entitled to rely on these Terms and Conditions (including but without limitation to sections 12 and 13) as against you; and in particular but without limitation LOCOG shall be entitled to rely on sections 14.2 to 14.4 inclusive and you acknowledge that the provisions therein are of such importance to LOCOG that damages may not be an adequate remedy for breach and that injunctive relief may be a more appropriate remedy.
19 JURISDICTION AND APPLICABLE LAW
- 19.1 These Terms and Conditions shall be governed and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
- 20.1 If you have any questions about these Terms and Conditions or any queries in relation to personal data held by BiP or TfL in respect of you, please contact the CompeteFor Helpdesk.