By registering and conducting business using Tactica (the “Solution”), entities that initiate business using the Solution (“Users”) and entities that have been invited by Users to conduct business using the Solution (“Participants”) acknowledge that they have read, comprehended and agree to abide by the following User Agreement including the Usage Guidelines and Privacy Policies. Users and Participants further evidence acceptance of the Terms and Conditions of this site by clicking “ACCEPT” in the User registration page. Participants must be invited by Users in order to become qualified to conduct business utilizing the Solution.
1. Disclaimer of Warranties
TACTICA (Asia) Limited (“TACTICA”) is not a buyer or supplier of the items that are the subject of business conducted using the Solution and does not have any ownership interest or control over such items. Moreover, TACTICA has no influence over the awarding of a contract bid.
THEREFORE, TACTICA DOES NOT IN ANY WAY WARRANT THE QUALITY, DELIVERY, PAYMENT, COMPATIBILITY, SAFETY, LEGALITY OR CONDITION OF THE ITEMS AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TACTICA DOES NOT WARRANT THAT THE
AUCTION SERVICES, APPLICATION OR THE WEB SITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM DISABLING DEVICES, INCLUDING BUT NOT LIMITED TO VIRUSES.
TACTICA also does not warrant and is not responsible to ensure that the items which are the subject of business using the Solution are in fact delivered or that the Participant that supplies the items is compensated. TACTICA does not warrant the truth or accuracy of the RFQ, any bids made as part of the auction process or any other information entered using the Solution.
Use of the Solution and/or participation in the conduct of business using the Solution is done solely at the risk of the Users and Participants. TACTICA does not warrant that there will be a cost savings realized from use of the Solution.
Users and Participants are solely responsible for all taxes and tariffs or other similar fees associated with transactions, items or other business conducted on Solution.
2. Force Majeure
TACTICA is not responsible for any damages or liability of any kind arising from disturbances, causes or other problems beyond its reasonable control which result in an interruption in the availability of its services including, but not limited to Acts of God or the actions of hackers.
3. Limitation of Liability
TACTICA is not liable to Users or Participants for any consequential, indirect, incidental or punitive losses, damages or expenses including loss of profits, business opportunity, savings, goodwill or business interruption whether arising in contract, tort or otherwise. In no event shall TACTICA’s aggregate liability to a User or Participant exceed the net amounts paid by the Users or Participant. TACTICA will indemnify, defend and hold Users and Participants, their officers, directors, employees or agents harmless for any third party claims brought against a User or Participant based on the claim that the Solution infringes the patent, copyright or trade secret rights of a third party. Users and Participants will indemnify, defend and hold TACTICA and its officers, directors, employees or agents harmless for any third party claim brought against TACTICA arising out of or relating to: (i) User’s or Participant’s unauthorized disclosure of confidential information; (ii) the goods, services or other items which form the basis of business conducted on the Solution or the use of the Solution itself; (iii) the information posted by a User on the Solution or (iv) User’s or Participant’s breach of this User Agreement or the Usage Guidelines.
4. Use
Users receive only a limited, nontransferable right to use the Solution for its business purposes to receive or respond to RFIs, RFQs and electronic auction events or otherwise conduct business using the Solution. Users and Participants may only use the Solution for lawful purposes, and are solely responsible for ensuring that their use of the Solution and its functionality complies with all applicable domestic and international laws, statutes, codes, ordinances, and regulations and policies, including but not limited to, securities, antitrust, privacy, labor, environmental and consumer protection laws. Tactica application licenses are based on a user licensing model. Logging in simultaneously from different workstations using a single user account is considered as license sharing which is a breach of our contract terms. If license sharing is detected, Tactica reserves the right to restrict, suspend, or terminate your account.
5. Confidentiality
TACTICA will take steps necessary under its Privacy Policy to protect confidential information exchanged by Users and Participants using its Solution. Users may not disseminate confidential information learned through the process of conducting business using the Solution including but not limited to the proprietary information of other Users or Participants, information regarding business conducted on the Solution and other information regarding the TACTICA Solution except as necessary in good faith to conduct business.
Users and Participants agree that they will not copy, duplicate, alter, modify, create derivatives of or publish any content from the Solution or the proprietary information of any other User or Participant, without the advance permission of TACTICA Users and Participants are entitled to make photocopies of information obtained while using the Solution only for the purpose of conducting business or documenting business conducted for their files. This information may not be used for any other purpose. TACTICA will not be responsible for a User’s or Participant’s breach of their confidentiality obligations.
6. User Representations
Users and Participants agree to observe all applicable laws and regulations in performing their obligations under this Agreement and in conducting business on the Solution, and not to infringe on the rights of other Users or Participants.
The User that initiates an Event using the Solution is responsible for generating applicable purchase orders and for arranging for payment and delivery of items it may order as a result of business conducted on the Solution.
Users and Participants agree that they will not use any device, software, routine or other artifice to interfere or attempt to interfere with the proper operation of the Solution including online RFIs, RFQs, reverse auctions or any other operation of the Solution. Users and Participants shall not take any intentional or negligent action which interferes with the Solution in any way or which imposes an unreasonable or disproportionately large load on the web site's infrastructure. The Usage Guidelines are hereby incorporated by reference as though set forth fully herein.
7. Modifications
TACTICA may modify, delete, change, add to or otherwise alter this User Agreement without notice. Therefore, TACTICA strongly recommends that Users and Participants review this Agreement on a frequent basis to check for any changes.
Usage Guidelines
The following web site Usage Guidelines apply to all users of Tactica who have or will receive a User Account with Tactica (Asia) Limited and that intend to use the Tactica (“User” This definition includes “Participants” as defined in the User Agreement). Tactica reserves the right from time to time to modify the terms of all of the legal documents on the Solution, which consist of the User Agreement, the Usage Guidelines and the Privacy Policy. These Usage Guidelines may be changed at any time without notice to individual Users. Consequently, it is the responsibility of each User to read the Usage Guidelines on a regular basis to review and accept any changes to these Usage Guidelines. Failure to comply with these Usage Guidelines will result in the company or their representative Users or both losing the privilege to use the Tactica.
The Tactica accommodates many different online sourcing event formats and other business modalities including but not limited to reverse auctions, forward auctions and seal bids. The User that initiates the bidding event configures the parameters of each event, which establishes the format and the tactics to be used.
1. Company Administrator
For entity which has subscribed to Tactica to initiate bidding events, assuming the entity’s registration information is verified and approved, Tactica will create a User Account for the entity. The newly registered entity must then designate an individual representative to act as the Administrator. The Administrator is responsible for maintaining User Accounts on behalf of the entity. Entity invited by Users to participate in online bidding events does not have Company Administrator.
2. Company Users
All authorized Users must be at least 18 years old, and each User must have his/her own login ID and password to access the Solution. Each User is responsible for ensuring that no one else has access to his/her user ID and password. Each authorized User who transacts business using the Tactica is bound by these Usage Guidelines and the User Agreement. It is the responsibility of each Administrator to make each of its authorized Users aware of these Usage Guidelines and the User Agreement. It is the Administrator’s responsibility to monitor usage of the Solution by its authorized Users. If an Administrator identifies an infraction by one of its authorized Users, the Administrator is responsible for disabling the User's account immediately and for notifying Tactica (Asia) Limited.
3. Authority to Bid
The individual who submits the registration as the Administrator represents that he or she has the authority to bind the company to these Usage Guidelines and the User Agreement. The individual who operates the Administrator account shall also have the authority to bind the entity by which he/she is employed for the purpose of entering into agreements with Tactica and with other Users of the Solution. The Administrator maintains privileges for Users, allowing them to create and conduct business on the Solution. The Administrator shall only provide privileges to those Users who have the authority to conduct business on the Solution.
4. Approved Participants
Users seeking to initiate an Event must invite their approved Participants to participate in Events. “Participants” are defined as entities that have been approved by the User initiating business on the Solution as entities with which they would agree to conduct business and wish to participate in the business in question. Only invited Participants are provided access to view RFIs, RFQs, submit bids or participate in other business on the Solution. Users are responsible for approving their invited Participants. Users may invite Participants to participate by completing an online form with the Participant’s entity name and email address. The Participant is contacted automatically via email and notified that they have been invited to participate in online business on the Solution. Each Participant is required to complete an online registration and must accept Tactica's User Agreement and Usage Guidelines.
5. Offer in Good Faith
Users may use the Tactica for business only if they intend, in good faith, to conclude transactions or conduct other business through the web site. Should Tactica determine that a User is using the Solution in a manner inconsistent with this requirement, we reserve the right to revoke that User's registration. Users may not artificially manipulate the price of a transaction by any means or otherwise utilize fraudulent or other illegal or unethical business practices on the Solution. It is unacceptable to place bad faith bids, to use shills in a bidding process or to collude with a User or any other Participant(s) with the intent or effect of hampering the competitive bidding process. This is not intended to be an exhaustive list. Rather, Tactica retains the right to determine whether inappropriate bidding activity has taken place and take any actions it deems necessary. Such action shall be commensurate with the activity by the User or Participant.
6. Accuracy of Information.
Tactica is a conduit for passing information between Users and their invited Participants. Tactica does not assist in the creation of information that is passed between parties and Tactica does not warrant the accuracy of the information entered on the Solution. Each party is responsible for providing accurate and complete information. It is the responsibility of the parties to resolve disputes regarding information exchanged among one another. However, Tactica reserves the right at its sole discretion to determine whether false or misleading information has been entered on the web site and to take the necessary actions in response thereto.
7. Legal Contents of Event
The products and or service being offered for sale and delivery must be of a legal nature. Tactica reserves the right to terminate any Event at any time should it determine that the Buyers and/or Suppliers are in violation of this or any other provision of this Usage Guidelines, User Agreement or any other document.
This Privacy Policy is applicable to Tactica company website and Tactica eSourcing/eProcurement application websites(Website).
Tactica (Asia) Limited ("Tactica") respects your privacy and is committed to protect the personally identifiable information that you share with us. Generally, you are able to visit many areas of the web site without specifically revealing who you are or otherwise providing information about yourselves. We, however, may track your Internet Protocol (IP) address and other anonymous information from your web browser for trends and statistics (including, but not limited to, browser version, pages requested and pages visited), but you will remain anonymous unless you provide us with personal information during your visit to the Website or during an earlier or subsequent visit and we are able to link your IP address between your current visit and one of these other visits. We also collect e-mail addresses of those who send us e-mail messages so we can respond, if requested, and also to be able to improve the functionality of our web site. There are interactive services on the Website which require identification and other information to facilitate the interactive function of our service. Users will have to register and provide the requested information in order to utilize these interactive portions of the Tactica Website.
If you choose to provide us with personal information on the web site, for example, by registering with us, by participating in an online bidding event or by sending us an e-mail, you thereby agree to share that information with Tactica and any subsidiaries, affiliates and business partners with the agreement that they will maintain the confidentiality of the information and they will be restricted from using the information for any reason other than providing a service to Tactica customers. We collect the following personal information including your name, contact numbers, email, company name, business address, department and job title. If you are a supplier, your personal information will be shared with other Tactica customers who have registered as buyers in our web site. We may use personal information about you to statistically analyze site usage; to improve our content and product offerings; and to customize our sites' content, layout and services. We may also use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. We believe these uses allow us to improve our site and better tailor it to meet our visitors' needs.
If you choose to utilize our web site by taking part in an online bidding event either as a buyer or supplier, we will collect information about buying and selling behavior. In addition, if you conduct an online bidding event on our web site, we use your address and billing information to bill you and provide associated support.
Tactica understands the importance of privacy and confidentiality to our customers as well as to visitors to our web site. Both buyers and suppliers will have to register on the web site and thereby provide information in order to conduct a successful online bidding event. This information will include general identification information. Users may also be required to provide information, which could be considered proprietary. Tactica will not give, sell or otherwise disseminate such personal or confidential information, except as outlined above, in a manner in which the Users can be identified except as required by law or as necessary to conduct business on the Tactica web site. Personal data about specific persons or companies is only provided to governmental agencies as required by law or regulation. Tactica will use anonymized information gleaned from registrations and from online bidding events conducted on our web site to provide better service to our customers. Tactica may also analyze the information including performing a trend analysis to better serve its customers. The information may also be used to comply with government regulations in all of the states, provinces and countries in which we do business.
As Tactica collects and makes use of the information about its customers and the online bidding events conducted on its web site, we reserve the right to contract with other vendors to assist with this process. Tactica will only contract with vendors with the agreement that they will maintain the confidentiality of the information and they will be restricted from using the information for any reason other than providing a service to Tactica customers. Telephone numbers and e-mail addresses of those conducting online bidding events on our web site will be collected in the event Users have to be contacted.
Cookies
Cookies are small text files, which a web site can send to a user's browser for storage on the hard drive. Cookies can make use of the web easier by saving status and preferences of Users with regard to a web site. However, by using cookies, information is potentially collected without the express knowledge of users. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent. Tactica makes use of cookies to keep track of customer status as a logged on registered User of the Tactica web site. Cookies may also be used to track information regarding a User's past history in order to provide better and more efficient services and functionality to that User. While refusal to accept cookies will not prevent the use of portions of the Tactica web site, cookies must be accepted in order to logon the web site and ultimately conduct online bidding events either as a buyer or as a supplier.
Personal Information Related to Children
We do not intend to collect personal information from children who identify themselves as being under 18 years of age. Children should not provide personal information on this web site, and should ask their parents to submit a request on their behalf if they want to receive information related to this web site.
Security and Integrity of Information
Tactica treats information and data obtained from its operations as assets, which must be protected against loss or unauthorized access. Information security techniques are employed to protect confidential information from unauthorized access both inside and outside the Company. Access to customer information is limited to those Tactica employees who have a legitimate business need for the information. To prevent unauthorized access, maintain data accuracy and to ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All of our on-line systems are protected by firewalls as well as 256 bit encryption.
Other Information Collectors
Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from Users. Our web site may include links to the web sites of our business partners or others. To the extent that you disclose your information to other parties, whether they are buyers or suppliers on our system or other sites through the Internet, you are subject to the privacy customs and policies of that third party. We are not sure whether these third parties have privacy policies similar to ours. Therefore, Tactica cannot be responsible for the content or the privacy practices employed by any third parties.
Acceptance
Use of the Tactica web site signifies that you have read, that you comprehend and that you accept all provisions of the Tactica Privacy Policy. Tactica reserves the right at its discretion to add to, modify, change or withdraw portions of its Privacy Policy without notice. Tactica recommends reviewing the Policy on a regular basis for changes.
Reviewing and Changing Your Personal Information
You have a right to access and correct your personal information as provided in the registration. You can review, update, or delete your personal information by logging into the Website or sending us an email or by notifying us in writing at support@TacticaCommerce.com
Personal Information Collection Statement
