Business Gateways International - Terms & Conditions
The Business Gateways Subscription of www.businessgateways.com is governed by the following Terms and Conditions. By using this Website and/or Service, you agree that you have fully read and understood the below Terms and Conditions and you agree your company’s acceptance to be bound by the terms of this Agreement.
- "BGI" means Business Gateways International LLC, the provider of the Services.
- "Website" or "Portal" refers to www.businessgateways.com that is accessible through internet browser or mobile application or any other related media.
- "Service" or "Services" mean the functionalities provided on the National Business Framework (NBF) and/or the Joint Supplier Registration System (JSRS) as offered by BGI on its Website.
- "Subscription" means the facility given to the companies who want to use the mentioned services of BGI for a specific period of time.
- "You" and "User", "Subscriber", "Supplier" and "Member" as used herein refer to all individuals and/or the company accessing this website for any reason.
- "Stakeholders" as used herein refers to Oman Ministry of Oil & Gas, Oil & Gas Operating Companies (Operators), Organizations in Buyers Community and other Government and Non-Government organisations accessing the Services on the Website.
- "Material" means text, graphics, images and any other viewable item or contents of the Service.
- The Subscription is offered for a defined period from the date of issuing the username and password unless and otherwise explicitly informed to the Member by BGI.
- BGI reserves the right, in its sole discretion and at any time, to make changes to this Terms and Conditions.
- BGI also reserves the right, at any time, to waive or modify any of the terms of this Terms and Conditions if they apply to a specific item of Subscription or a Member, without affecting the application of these terms to any other Members.
- Any changes made will be effective accordingly when made and the updated Terms and Conditions will be sent to the Member via the BGI communication system on the BGI Portal.
- Any Member who violates this Terms and Conditions may be banned permanently from using some or all of the Services.
- If any provision of this Terms and Conditions shall be deemed invalid, void or for any other reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Terms and Conditions.
- By becoming a Subscriber, you and your company are agreeing to be bound by Terms and Conditions and any of the policies and procedures that may be made by BGI from time to time.
- You understand and agree that BGI may send you certain communication in connection with the Services, such as Service announcements and administrative messages, and that BGI may also send you copies of any periodic newsletters or similar informative communications from time to time.
- Any communications sent to you concerning the Services or related matters are not intended to be made public.
- While BGI makes reasonable efforts to ensure that the Services are available at all times, BGI does not guarantee that the Services will be uninterrupted or error-free, and BGI does not guarantee that Members will be able to access or use all the Services or all of their features at all times.
- BGI may change, suspend or discontinue any (or all) Services, or any of their features, at any time, and BGI may also impose limits on the use of or access to certain features or portions of the Services, or restrict your access to any part or all of the Services, in all cases without notice to you or liability to BGI.
- The information that you supply during the registration process is deemed accurate and complete by BGI.
- You are responsible for maintaining the confidentiality of your login ID and password.
- BGI disclaims any responsibility or liability arising from your disclosure of any information, in the Services.
- BGI is not under any obligation to do so, but may monitor certain Members' activities.
- BGI reserves the right to review all Members, to remove, or to refuse to display, any Member in our sole discretion and for any reason.
- BGI does not make any promises as to what actions BGI will or will not take with respect to any Member who violates the Terms and Conditions and no such promises should be inferred from either the Terms and Conditions or any communication by BGI.
- BGI does not endorse or guarantee the accuracy of any Member information and you agree that BGI shall not be held responsible for the accuracy of the Members’ information and shall not be liable for any damages incurred as a result of the submission or use thereof.
- The Members shall not infringe in any manner on the copyright, trademark or intellectual property rights of any Member, person or entity, or that contain any confidential or proprietary information of any Member, person or entity, or that otherwise violates the legal rights of any person or entity on the Portal. Further all Members shall abide by the International Laws and Regulations that would apply.
- As part of its Services, BGI connects with external source feeds from various entities, such external sources are not controlled by BGI and no representation is made as to their content.
- BGI makes no representations or warranties concerning the accuracy of the information supplied by the Members or the delivery or transmission of the Service.
- BGI disclaims any responsibility or liability for the conduct of Members or any obligations arising whether directly or indirectly from Subscription, including claims for damages and/or for any indemnification whatsoever.
- BGI shall be indemnified from any and all claims arising out of any kind of loss from anyone using the services of BGI.
- The current Subscription Fee (the "Service Fee") will be automatically billed to Member's account on registration or before the expiry of the Subscription period.
- If Member terminates/cancels their Subscription before the end of Term for which Member had paid the Subscription Fee, the Member cannot receive a refund of such Subscription Fee nor any portions thereof. Member will remain liable for any other fees or changes to be paid pursuant to this Terms and Conditions.
- BGI hosts the National Business Framework (NBF) on its website www.businessgateways.com, which is a B2B application providing Services for the Members.
- BGI provides the Joint Supplier Registration System (JSRS) Service on behalf of the Stakeholders on other Services in the Sultanate of Oman on an ‘as is where is' basis through our website www.businessgateways.com in accordance with the scope agreed and the mandate given to BGI.
- Some of the Services given on the NBF or JSRS are chargeable as per the policies of BGI.
- By applying to connect to the NBF or JSRS, you fully understand and agree that submission of the validation documents do not automatically give you or your company default approval to the NBF or JSRS and is purely dependent on the successful validation by BGI.
- You agree not to attempt to influence or impede the validation process in any way and that you will comply with all the requirements as laid by BGI and in accordance to the checklist laid out.
- While the intent of the Stakeholders is to be present on the JSRS to serve their procurement needs, you fully understand and agree there is no guarantee that the Stakeholders shall be present on the JSRS and that their duration of presence on the JSRS and the scope of interaction with your organisation is entirely dependent on the Stakeholder’s individual policies and decisions. BGI cannot be held responsible or liable for any decision made by any Stakeholders or Government Agency or Users related to the JSRS.
- You agree that the JSRS is a common database of Suppliers. Stakeholders shall decide at their individual capacity, if they need to publish tenders & projects, connect with your company and involve in other activities related to their procurement through the JSRS. BGI makes no claim that all tenders and project information of the Stakeholders will be visible on the JSRS and that is entirely dependent on each Stakeholder’s decision.
- You fully authorise BGI to access the Data and Information submitted by your company online and offline as part of the validation process. You also agree to host the validated data on our website www.businessgateways.com for access by Stakeholders who connect on the JSRS or NBF for their procurement and other related usage.
- As part of the NBF & JSRS Services, any Stakeholder(s) or User(s) can appraise the performance of your company and/or any of your company information provided in the Portal. Such performance appraisals will be visible to the other relevant Stakeholders/Users who are part of the NBF & JSRS Services.
- BGI takes no responsibility on the performance appraisals, rating and comments by the Stakeholder(s) or User(s) as part of the Services on the Portal.
- BGI while taking all possible steps to ensure confidentiality of your data does not guarantee in any way that the data will remain secure and confidential on the JSRS online.
- You agree to manage your own data responsibly and ensure compliance to the requirements as laid by the NBF & JSRS. Suppliers agree to the best of their abilities to answer the questionnaires as accurately and completely as possible and submit the supporting documents as per the requirement in the system. The submitted information should reflect the actual status of their company and the specific products, equipment and/or services offered by them at the time of completion of any questionnaires. Thereafter, Suppliers need to utilize the system to update their records/documents in a timely manner whenever there is a change in the aforementioned information or records.
- Unauthorized use of the Material on the Portal may violate copyright, trademark, and other laws.
- You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.
- The use of the Material on any other website for any purpose is prohibited.
- You shall not copy or adapt the HTML code that the User creates to generate its pages. It is also protected by BGI's copyright.
- The trademarks, names, logos and service marks (jointly "trademarks") displayed on this website are registered and unregistered trademarks of BGI.
- No content on this should be interpreted as granting any license or rights to utilize any trademark without the prior written permission of BGI.
- Violations of system and network security of the Portal are prohibited, and may result in criminal and civil liability. Examples of BGI system and BGI network security violations include the following:
- Any automated use of system.
- Use of software that allows your account to stay logged on while you are not actively using the account.
- Unauthorized access to or use of data hosted on the Portal, systems or networks, including any attempt to probe, scan or test the vulnerability of the system or network, or to breach security or authentication measures without the express authorization of the owner of the system or network.
- BGI may investigate incident(s) involving such violations, and any violations of this Terms and Conditions that may constitute or have the potential to constitute violations of law, and any activity by Members on network that constitute or may constitute violations of law. You understand that we may report any such activity to, and cooperate with, law enforcement, or other legal authorities or processes.
Our systems are highly secure, and we maintain and perform regular audits to ensure Data Security. We are also ISO/IEC 27001:2013 Certified, a specification for the information security management system (ISMS).
Right to Access
We acknowledge your right to obtain confirmation from us as to whether or not data concerning you is being processed, where and for what purpose. Write to our Data Protection Officer for further queries.
Right to be Forgotten
Recognizing the Data Erasure concept or the right to be forgotten, you can write to our Data Protection Officer (email@example.com) to have your company user data erased, cease further dissemination of the data, and potentially have third parties halt processing of the data, provided the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent. We retain the right to compare the subjects' rights to "the public interest in the availability of the data" when considering such requests.
Privacy by Design
We have in place appropriate technical and organizational measures to implement the data protection principles and safeguard individual rights. We have integrated data protection into our processing activities and business practices, from the design stage right through the lifecycle.
Data Protection Officer
We have appointed a data protection officer (DPO) to monitor internal compliance, inform and advise on data protection obligations, provide advice regarding Data Protection Impact Assessments (DPIAs) and act as a contact point for data subjects and the supervisory authority. For related queries, write to our DPO at firstname.lastname@example.org.
Collection using this Website
When you use this Website, BGI collects official information which you provide to us and information about how you use our Website, for example by registering to our site. This information includes your & your company name, phone number, email address etc.
We accept online payment by providing your credit card details during the Subscription Fee payment process. Credit card details are handled by a third-party payment gateway and BGI will never save your actual card details. For the avoidance of doubt, BGI will not in any circumstance be liable to you, or any loss or damage you may suffer from credit card fraud or identify theft.
Our website uses Secure Sockets Layer (SSL) technology, which uses 256 bit encryption. Your private information (credit cards, social security numbers, etc.) will not be stored on our servers.
Third Party Links
BGI's Website may contain links to other websites. However, once you have used these links to leave our site, BGI do not have any control over external websites. Therefore, BGI cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the Website in question.
If you use a credit card to place payment via our website, your details will be passed on to our credit card processor (third party) who will receive your credit card details for transaction.
REPRESENTATIONS AND WARRANTIES:
You represent and warrant to BGI that all of the information provided by you to BGI to register as a Member and participate in the Services is correct and current, and that you have all necessary right, power and authority to enter in to this Subscription.
TERMINATION OF SUBSCRIPTION:
- Please be aware that your Subscription may be revoked if you fail to abide by this Terms and Conditions. In the event this should occur, you agree not to re-register as a Member of BGI network.
- BGI also reserves the right to disable or terminate a Member’s account without notice, if there is a period of extended inactivity.
- Members have the right to terminate this Subscription with BGI at any time.
- If your Subscription is terminated or deactivated, your name and all information uploaded by you including any or all information available on your pages will be permanently deleted.
DAMAGES & INDEMNIFICATION:
You agree that you will be responsible for any violation of this Terms and Conditions. You further agree to indemnify and hold BGI and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this Terms and Conditions, or any breach of any representation made by you in this Terms and Conditions, or any violation of any law or the rights of a third party that occurs in connection with your use of the Service.
DISCLAIMER OF LIABILITY:
BGI shall have no liability in regard to any Services provided, or to be provided. All Members are independent contractors and not employees, partners or joint venture partners with BGI. BGI shall have no liability in regard to any benefits provided, or to be provided, by any Member.
Each Member, hereby forever releases, acquits and discharges BGI from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason if any monetary damage or personal injury sustained as a result of or during the use of any and all Services available thought BGI. The sole recourse available to a Member, Subscription beneficiary of their legal representative shall be the cancellation of Subscription.
- This Terms and Conditions and the respective rights and obligations of the parties hereunder, shall be governed by, and constructed in accordance with the laws of Sultanate of Oman. Any dispute arising between the Member and BGI will be settled amicably between the parties; failure to reach an amicable settlement, the matter will be submitted to arbitration in accordance with the laws of Sultanate of Oman.
You agree that, unless expressly waived by BGI, an action in different jurisdiction can be taken by BGI, the exclusive jurisdiction for any claim or action arising out of or relating to this Terms and Conditions.
By using BGI Website and Services, you consent to the Terms and Conditions of BGI.
If there are any questions regarding the Terms and Conditions of BGI Website, you may contact BGI using the information below:
Business Gateways International LLC
Office 14, Building 4
Knowledge Oasis Muscat (KOM)
Rusayl, Sultanate of Oman
Tel: +968 2416 6100
Support Hotline : +968 2416 6123
Fax: +968 2417 0045