Terms and Conditions

Welcome to Procurities! By accessing or using our website and services, you agree to be bound by these terms and conditions. Please read them carefully.

1. Acceptance of Terms
   Procurities (“we”, “us”, “our”) provides a procurement marketplace for cybersecurity products and services subject to your compliance with the terms, conditions, and notices contained herein (the “Terms”).
2. Use of the Platform
   The Procurities platform allows registered buyers and sellers to engage in procurement activities including but not limited to publishing RFI/RFQ/RFP, submitting bids, and entering into contracts.
3. Registration
   Users must register for an account to use the Procurities services. You agree to provide accurate and complete information and keep this information up to date.
4. User Conduct
   You are responsible for all activities conducted under your account. You must not use the platform for any illegal or unauthorized purpose. You will adhere to all applicable laws, regulations, and these terms.
5. Content and Intellectual Property
   The content provided on the Procurities platform is owned by us or our licensors. You agree not to reproduce, replicate, copy, sell, resell, or exploit any portion of the service without express written permission.
6. Privacy Policy
   Your use of the platform is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.
7. Fees and Payments
   Procurities is free for both buyers and sellers to use for basic services. Optional enhanced features for sellers may incur an annual fee. All payment obligations for enhanced features must be fulfilled in accordance with the payment terms provided at the time of purchase.
8. Buyer and Seller Responsibilities
   Buyers are responsible for clearly defining the requirements and conditions of their RFI/RFQ/RFP. Sellers must ensure the accuracy and legality of their bids and product information. Negotiations, contracting, and payments for services and products are to be conducted directly between buyers and sellers.
9. Termination
   We may terminate or suspend your account and access to our services immediately, without prior notice or liability, if you breach these Terms.
10. Limitation of Liability
    Procurities shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of or inability to use the service.
11. No Warranty
    The services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
12. Indemnification
    You agree to indemnify and hold harmless Procurities, its officers, directors, employees, and agents, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your improper use of the Procurities platform, or your breach of any law or the rights of a third party.
13. Modifications to the Service and Prices
    We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
14. Governing Law
    These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Procurities operates (Netherlands), without regard to its conflict of law provisions.
15. Dispute Resolution
    Any disputes arising out of or related to these Terms shall be handled individually without any class action and shall be resolved through final and binding arbitration conducted by a neutral arbitrator.
16. Changes to Terms and Conditions
    We reserve the right to update and change these Terms from time to time without notice. You can always find the latest version of the Terms on our website. Your continued use of the service after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by the modified Terms.
17. Entire Agreement
    These Terms constitute the entire agreement between you and Procurities and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms).
18. Severability
    In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Assignment
    You may not assign or transfer these Terms, by operation of law or otherwise, without Procurities’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Procurities may assign or transfer these Terms at its sole discretion, without restriction.
20. Notifications
    We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, via email, written or hard copy notice, or through posting of such notice on our website, as determined by Procurities in our sole discretion. Procurities reserves the right to determine the form and means of providing notifications to our users.
21. Feedback and Suggestions
    If you provide us with any feedback or suggestions regarding the Procurities platform (“Feedback”), you hereby assign to Procurities all rights in the Feedback and agree that Procurities shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you.
22. Contact Information
    If you have any questions about these Terms, please contact us at [email protected].
23. Force Majeure
    Procurities shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
24. No Waiver
    No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Procurities’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
25. Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. Compliance with Laws
    You represent and warrant that (i) you have the legal right to use the Procurities platform and engage in the procurement activities; (ii) you will use the platform in accordance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
27. Reporting Violations
    You agree to report any violations of these Terms or any suspected misuse of the Procurities platform to us as soon as you become aware of them.
28. Survival
    All provisions of these Terms which, by their nature, should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
29. Titles and Headings
    The titles and headings used in these Terms are for convenience only and are not to be considered in construing or interpreting these Terms.
30. Electronic Communications
    When you use Procurities services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
31. Acknowledgment of Understanding
    You acknowledge that you have read these Terms and Conditions, understand them, and will be bound by these terms and conditions. You further acknowledge that these Terms and Conditions together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

By accessing and using the Procurities platform, you agree to be bound by the aforementioned terms and conditions.

—

Effective date: September 10, 2024