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Version 3: 02/01/2008
DSA EDISPOSALS WEBSITE DECLARERS’ AREA
TERMS AND CONDITIONS OF ACCESS AND USE
1. Acceptance of the DSA’s Terms and Conditions.
1.1 These Terms and Conditions shall apply to your access to and use
of the DSA eDisposals Website. By entering and using the DSA eDisposals
Website you accept these Terms and Conditions of use in their entirety.
If you do not accept these Terms and Conditions you must immediately stop
using the DSA eDisposals Website.
1.2 The DSA may at any time update or amend these Terms and Conditions
and any such updated Terms and Conditions shall apply to your access to
and use of the DSA eDisposals Website from the date of their updating
or amendment. By accessing and using the DSA eDisposals Website following
any such amendment to these Terms and Conditions you will accept the amended
Terms and Conditions in their entirety. It is your responsibility to periodically
check the Terms and Conditions for updates and amendments.
2. Ownership and Purpose of the DSA eDisposals Website
2.1 The DSA eDisposals Website is a Website of the Disposal Services
Authority (“DSA”), part of the Defence Equipment & Support Organisation
of the UK’s Ministry of Defence, which is owned and operated by the DSA.
The DSA accepts declarations of surplus equipment from Government and
other Declarers and arranges for the disposal of such surplus Government
and other equipment through its appointed Marketing Agreement Contractors.
For the avoidance of doubt, the terms and conditions of the individual
Customer Supplier Agreements govern the relationship between the DSA and
the Declarer concerned.
2.2 The DSA eDisposals Website is provided by DSA for the use of Declarers
in making declarations of surplus Government and other equipment and for
the use of Marketing Agreement Contractors in advertising the surplus
Government and other equipment which they have available for disposal.
2.3 Any link provided from the DSA eDisposals Website to any related
website or a Marketing Agreement Contractor’s website is provided for
convenience only and the DSA accepts no responsibility in respect of the
contents of any such website or the activities of the Owner of the Related
Site or Marketing Agreement Contractor in conducting its own business.
3. Access to the DSA eDisposals Website
3.1 The DSA eDisposals Website comprises a range of services. You may
be required to apply for a user account to enable you to access some of
the services provided through the DSA eDisposals Website. In order to
allow the processing of any such application and for your registration
for any such services, you will be required to provide certain information
to the DSA. Any changes to the information so supplied must be advised
to the DSA immediately.
3.2 You must observe all security requirements specified by the DSA from
time to time in accessing and utilising the DSA eDisposals Website. You
will also be responsible for the confidentiality and security of any User
ID and Password issued to you to enable you to access any services provided
through the DSA eDisposals Website. You will be responsible for the conduct
of your account and for any unauthorised use of your account and the DSA
eDisposals Website. The DSA accepts no liability whatsoever for any loss
or damage caused to you or your data as a result of any unauthorised use
of your account. You agree to notify the DSA immediately should your User
ID or Password be disclosed or you become aware of any unauthorised use
of your account or the DSA eDisposals Website.
3.3 The DSA reserves the right at any time for any reason and without
notice to amend the contents of the DSA eDisposals Website, to refuse
or suspend access to the DSA eDisposals Website and to cancel or suspend
any account or any agreement for the provision of additional authorised
activities or additional services in connection with the DSA eDisposals
Website.
3.4 Access to the DSA eDisposals Website may be suspended or restricted
from time to time to enable maintenance or reconstruction of the DSA eDisposals
Website to take place or for the addition of new services or facilities
to the DSA eDisposals Website.
4. Use of the DSA eDisposals Website
4.1 The DSA eDisposals Website may only be used by authorised persons
for authorised and lawful activities. The authorised activities will depend
upon the rights of access granted to individual entrants to the DSA eDisposals
Website as set out in Clause 4.2 below.
4.2 The authorised activities for Declarers are the standard activities
set out in Clause 4.3 below and those of the additional permitted activities
set out in Clause 4.4 below which are granted to an individual user on
separate application.
4.3 The standard activities are available to all Declarers and are identified
in the following sub-clauses: 4.3.1 registering as a Declarer of surplus
Government or other equipment; 4.3.2 making declarations of surplus Government
or other equipment;
4.3.3 communicating with the DSA, including by e-mail, for the purpose
of registering as a Declarer and making declarations of surplus Government
or other equipment and for ensuring that such information and declarations
are kept up to date;
4.3.4 downloading and/or uploading any forms of declaration or information
or other forms or information required by the DSA for the operation of
the DSA eDisposals Website.
4.4 The following additional permitted activities may be individually
applied for by Declarers in accordance with the provisions of Clause 4.5
below and will be available to approved Declarers to the extent and on
the basis individually granted:
4.4.1 linking its own website to the DSA eDisposals Website in accordance
with the terms and conditions of a Linking Agreement entered into between
the DSA and the Declarer and applied for as provided in Clause 8 below;
4.4.2 participating in any further electronic services which may be made
available to Declarers by the DSA on the terms of Clause 9 below.
4.5 Declarers shall be entitled to apply to undertake any of the additional
permitted activities that the DSA makes available to Declarers from time
to time by completing the appropriate application form and providing all
requisite information to the DSA. The decision to grant access to any
such activity to a Declarer and the period during which such access is
granted shall be within the sole discretion of the DSA.
4.6 You are responsible for all actions undertaken by you on the DSA
eDisposals Website and for all electronic communications, including the
contents of all such communications, sent to the DSA or the DSA eDisposals
Website by you. 4.7 Your use of the DSA eDisposals Website must not cause
damage to the DSA eDisposals Website or prevent or impair access to the
DSA eDisposals Website.
4.8 The following activities are not permitted in relation to the DSA
eDisposals Website and you must not use the DSA eDisposals Website for
any such purpose:
4.8.1 the violation of any laws or regulations, undertaking any criminal
offence or unlawful activity, including fraud or fraudulent activities;
4.8.2 the posting, publication, distribution or dissemination of any
material, information or communication that is unlawful, harassing, threatening,
abusive, defamatory, offensive, indecent, obscene, causes a nuisance,
is discriminatory or incites discrimination, hatred or violence;
4.8.3 making available or uploading information or files that contain
computer viruses, worms, trojans or corrupt data; 4.8.4 spreading junk
e-mails, spam, chain letters, pyramid schemes or other unsolicited communications;
4.8.5 using information or material in such a manner that it infringes
copyright, trademark, design right, patent or other intellectual property
right or which results in the disclosure of any confidential information;
4.8.6 collecting or storing personal information about others, including
e-mail addresses or otherwise violating the legal rights of others;
4.8.7 using the DSA eDisposals Website in such a manner as to damage,
disable, overburden or impair the DSA eDisposals Website or interfere
with any other person’s use and enjoyment of it;
4.8.8 impersonate any person or entity for the purposes of misleading
others, or attempt to gain unauthorised access to any additional services
or to additional permitted activities or to other accounts or areas of
the DSA eDisposals Website through hacking, password mining or any other
means.
5. Declarations
5.1 In order to be registered as a Declarer, an interested party must
complete a Declarers Registration Form, which can be viewed by clicking
on the icon below or accessing it at www.edisposals.com, and successfully
completing the DSA’s registration process.
5.2 Once you have been successfully registered as a Declarer, the DSA
will provide you with a unique User ID and Password for access to your
own individual Declarer account in the Declarers’ area of the DSA eDisposals
Website. These Terms and Conditions shall apply to the use of your Declarer
account.
5.3 After registration as a Declarer, a Declarer may make declarations
of surplus Government or other equipment by completing and submitting
a Declaration Form, either by downloading the Declaration Form, which
can be viewed by clicking on the icon below or accessing it at www.edisposals.com,
and submitting it manually or electronically to the DSA at the address
quoted, or by completing and submitting the on-line Declaration Form,
which can be viewed by clicking on the icon below or accessing it at www.edisposals.com.
5.4 Declarers shall ensure that Declaration Forms are only completed
by duly authorised employees and the DSA shall be entitled to assume that
they have been so completed.
5.5 Once submitted, a manual Declaration Form may only be withdrawn by
the Declarer by notice in writing given to the DSA within 24 hours of
submission of the form and an electronic Declaration Form may not be withdrawn
unless otherwise agreed by the DSA.
5.6 The Declarer undertakes that it has title to each item of surplus
equipment declared on each Declaration Form, that it is entitled to dispose
of each of those items without restriction and that it accepts full responsibility
and all liability in respect of each of those items.
5.7 If the DSA uses an on-line tender process or an on-line auction process
in the disposal of any of the surplus equipment declared by a Declarer
on a Declaration Form, the Declarer shall be responsible for reimbursing
to the DSA the costs and expenses resulting from the use of any such process.
6. Licence to access DSA eDisposals Website
6.1 The DSA hereby grants to all registered Declarers a limited licence
to access and make use of the DSA eDisposals Website for the purpose of
making declarations of surplus Government or other equipment to the DSA.
6.2 The licence granted under Clause 6.1 above permits Declarers to retrieve
and display the content from the DSA eDisposals Website on a computer
screen, print individual pages on paper (but not photocopy them) but does
not permit the downloading or modification of the DSA eDisposals Website,
or any part of it, or the contents thereof, the collection of information
or the gathering or extraction of data by any means whatsoever, the creation
of any database in electronic or manual form, any redistribution of the
content or the removal of any copyright or trade-mark notice from any
copies permitted under Clause 6.1 above.
6.3 Neither the DSA eDisposals Website nor any part of it shall be reproduced,
duplicated, copied, sold or exploited for any purpose by a Declarer and
may only be used by a Declarer in conjunction with the DSA in connection
with the declaration of surplus Government or other equipment.
7. Intellectual Property Rights
7.1 The DSA eDisposals Website and the contents of the DSA eDisposals
Website are protected by Crown Copyright unless otherwise stated.
7.2 All the intellectual property rights in the DSA eDisposals Website
and all software associated therewith, including all copyright, design
right, database rights, trade marks and patents, are the property of and
vest in the Crown.
7.3 The Trade Marks, service marks and logos (the “Marks”) used and displayed
on the DSA eDisposals Website are registered and unregistered Marks of
the Crown and may not be used in any manner without prior written licence.
Nothing in these Terms and Conditions or elsewhere on the DSA eDisposals
Website shall be construed as granting, by implication, estoppels, or
otherwise any licence or right to use any Mark.
7.4 Declarers shall not frame or use framing techniques to enclose any
Trade Mark, logo or other proprietary information contained on the DSA
eDisposals Website.
7.5 Declarers shall not use any meta tags or other hidden text to suggest
any link or association with the DSA eDisposals Website and may only create
a link with the DSA eDisposals Website in the manner permitted in any
Linking Agreement which is agreed by the DSA in accordance with the terms
of Clause 8 below.
7.6 Declarers shall observe the ownership of all intellectual property
rights and shall immediately notify the DSA of any breach or infringement
of any such intellectual property rights of which they become aware.
7.7 The DSA does not claim ownership of the declarations made by Declarers.
By submitting a declaration to the DSA a Declarer grants the DSA a world-wide,
royalty free, non-exclusive licence to copy, distribute, transmit, reproduce,
publicly display and publish any such declaration or the contents thereof
in connection with the DSA eDisposals Website.
7.8 Declarers shall be responsible for ensuring that both they and the
DSA are licensed to use any third party documents or publications referred
to or included in any declarations submitted to the DSA.
8. Linking Agreements
8.1 The DSA does not permit other organisations to create links to the
DSA eDisposals Website unless they have been specifically authorised to
do so in accordance with the procedures set out in this Clause
8. 8.2 An organisation wishing to link its website to the DSA eDisposals
Website must first contact the DSA for approval. The DSA only provides
or permits links with organisations with which it has a business relationship
and other Government Departments and Agencies. Once an organisation has
been approved it must first enter into a separate linking agreement with
the DSA in the terms and conditions of the DSA’s standard Linking Agreement
before the link can be created. The DSA standard Linking Agreement can
be viewed by clicking on the icon below or accessing it at www.edisposals.com.
8.3 Authorised links must comply with the technical requirements specified
by the DSA from time to time. The link must comprise a simple text only
hyperlink to the home page of the DSA eDisposals Website that opens into
a new window and does not load into the existing frame. The link must
not allow the DSA information to appear to be part of the linking organisation’s
website. Linking should not be taken as the approval or endorsement by
the DSA of the contents of any linked website. 8.4 Where there are links
between the DSA eDisposals Website and the websites of other related organisations
or Marketing Agreement Contractors these have been established solely
for the convenience of potential customers.
9. Further Services
9.1 The DSA may from time to time introduce or trial the use of certain
additional services in connection with the operation of the DSA eDisposals
Website, for example, the use of e-mail communications.
9.2 Such additional services shall be available at the discretion of
the DSA and shall be subject to such terms and conditions as the DSA shall
in its absolute discretion prescribe.
10. Privacy
10.1 The DSA is committed to responsible data management and operates
a Privacy Policy in relation to all the information that it collects from
those using the DSA eDisposals Website. To view the DSA Privacy Policy
click on the icon below or access it at www.edisposals.com.
10.2 Users should note that the DSA Privacy Policy applies only to the
information collected through the DSA eDisposals Website and not to any
information collected through any websites linked by hypertext link or
otherwise to the DSA eDisposals Website. Information collected through
any such website is subject to the policies of the website concerned.
11. Limitation of Liability
11.1 The DSA eDisposals Website is provided on an “as is” basis. The
DSA does not give any representation or warranty as to the ability of
a Declarer to access the DSA eDisposals Website or as to the content thereof,
the accuracy, timeliness, completeness or security of any information
or material placed thereon or its quality or fitness for any purpose.
All implied conditions and warranties are hereby excluded to the extent
permitted by law.
11.2 The DSA shall not be liable for any claims, actions, proceedings,
losses, liabilities, costs, expenses (including reasonable legal costs
and expenses) or damages, including for any indirect or consequential
loss, loss of profits or loss or corruption of data, arising in contract
or in tort, including to the extent permitted by law for negligence, breach
of statutory duty, or any statement or representation, or otherwise arising
by reason of accessing or using or being unable to access or use the DSA
eDisposals Website or any information or material displayed on the DSA
eDisposals Website.
11.3 The DSA accepts no responsibility or liability whatsoever for the
content of any declaration made by a Declarer in accordance with Clauses
4.3.2 and 5 above nor any responsibility or liability for the content
of any material or software accessed by a visitor to the DSA eDisposals
Website by following any link to another website. No third party banner
advertisements, pop-ups and other virtual advertising are approved by
the DSA and the DSA accepts no responsibility or liability in respect
of their display or content.
11.4 Nothing in this Clause 11 shall be interpreted as excluding or limiting
the DSA’s liability for death or personal injury arising from the negligence
of the DSA or for any fraudulent representation or statement.
12. Indemnity
12.1 You agree to indemnify the DSA in respect of any and all costs,
claims, actions, proceedings, losses, liabilities, damages and expenses
(including all reasonable legal costs and expenses) howsoever incurred,
arising out of your use of the DSA eDisposals Website, any Declaration
made by you of surplus Government or other equipment or as a result of
the breach by you of these Terms and Conditions, including any claim brought
by any third party against the DSA arising out of your use of the DSA
eDisposals Website, any Declaration made by you of surplus Government
or other equipment or your breach of these Terms and Conditions.
13. International Use
13.1 The DSA eDisposals Website has been compiled to comply with the
laws of England and Wales and is intended for the use of persons resident
in the United Kingdom.
13.2 Any person accessing the DSA eDisposals Website must comply with
all applicable laws concerning the transmission and/or export of technical
data from the United Kingdom.
13.3 Any person accessing the DSA eDisposals Website from outside the
United Kingdom must observe all local laws and rules in relation to access
to and use of the Internet and all other relevant local laws.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions shall be governed by and construed in
accordance with the laws of England and Wales and all actions undertaken
on the DSA eDisposals Website are subject to the laws of England and Wales.
14.2 Any dispute in relation to these Terms and Conditions or any action
undertaken on the DSA eDisposals Website shall be subject to the exclusive
jurisdiction of the courts of England and Wales.
15. General
15.1 If any of these Terms and Conditions shall be found by any court
or administrative body of competent jurisdiction to be invalid or unenforceable
the invalidity or unenforceability of any such provision shall not affect
the continued validity and enforceability of all the other Terms and Conditions.
15.2 Any delay or failure on the part of the DSA to exercise any right
of action for any breach of these Terms and Conditions shall not be deemed
to be a waiver of any such breach.
15.3 The waiver of any breach of these Terms and Conditions shall not
be construed as a waiver of any succeeding breach of the same or any other
provision.
15.4 Complaints concerning the DSA eDisposals Website should be reported
to the DSA at webmaster@edisposals.com
16. Communication and Notices 16.1 The DSA may be contacted at the postal
address, e-mail address and telephone number set out on the contacts page
of the DSA eDisposals Website.
16.2 Any notice to be given to the DSA pursuant to these Terms and Conditions
shall be sufficiently given if sent to the postal address of the DSA as
set out on the contacts page of the DSA eDisposals Website.
© Crown Copyright 2008
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