Terms governing responsibility and liability
Comdia is an open, flexible online platform to enable market dialogue and the communication of requirements, submitting bids on services and products, and for use when gathering bids, making announcements, (procurements via) competitive bidding and tenders, and for contract management (hereinafter referred to as "Comdia"). Comdia has a modular structure, each module being usable for one or more of these tasks.
Comdia can be found online at www.comdia.com and www.public private dialog.dk and is operated by Processio ApS, Kochsgade 31D, 2nd floor, 5000 Odense C, Denmark, CVR no. 33 50 14 04 (hereinafter referred to as "Processio").
These conditions of liability are applicable to collaborations between Processio and the following two types of user (hereinafter referred to collectively as "the Users" and individually as "User" or "the User"):
- ”Originators”: Originators are Users who have a license to publish and disseminate data. An Originator can thus initiate tenders, competitive bidding, gather bids, market dialogues and create supplier lists etc. Each originator has its own site at Comdia.
- “Suppliers”: Suppliers are companies that are able to participate in tenders, competitive bidding, bid gathering, market dialogues and create supplier lists that have been initiated or created on Comdia by Originators. Suppliers create their own profiles on Comdia, through which they can access the tenders, competitive bidding rounds, big gatherings, market dialogues and created supplier lists that Originators have initiated or created on Comdia.
When creating a site or a profile on Comdia, the Supplier/Originator respectively has accepted the conditions laid down in 2-9.
2. Compliance with legislation and other public regulations
It is the Originator’s own responsibility to ensure compliance with all regulations pertaining to tenders and administrative law, as well as any other regulations that may apply to a particular procurement, market dialogue etc.
A User shall not be entitled to file a claim for compensation (financial or otherwise) against Processio, if it is due to the non-compliance of the execution of a given procurement, market dialogue etc. with regulations or other rules pertaining to tenders and administrative law that may apply, regardless of reason, and including technical problems with the Comdia platform. If Processio is found liable for a loss incurred by a User despite the above, Processio’s liability shall be limited, regardless of cause, to a total of DKK 5,000 per supplier, or the amount that an Originator has paid to Processio for the implementation of that particular procurement, market dialogue etc.
3. Third Party Information on Comdia
Processio is not responsible for the accuracy or reproduction of the information that is accessed via Comdia, regardless of whether it has been published by a user or a third party.
Although Processio stipulates rules for users’ behaviour, Processio is unable to check or determine the actions of Users on Comdia. Processio shall therefore not be held liable for any offensive, inappropriate, obscene, illegal or otherwise offensive content that may exist on Comdia.
4. Updates to the platform
Processio updates Comdia on an ongoing basis, inter alia to improve the user experience.
Processio accepts no responsibility for alterations in the reproduction of Users’ or third parties’ information as a result of updates.
5. Technical interruptions
Processio endeavours to keep Comdia up and running, securely and without errors, but does not guarantee any specific uptime levels, service levels or degrees of security.
6. Instructions on how to use Comdia
Processio is not responsible for ensuring that persons employed by a User have been trained in the use of Comdia.
It is thus the responsibility of the Originator to ensure that such persons use the correct module for the right task. It is also the User's own responsibility to ensure the correct use of Comdia.
Agreements between Originators and Suppliers
Comdia can be used as a system for the management of agreements, to which relevant data about concluded agreements is entered.
Data and documents that are entered in the agreement management system and which are shared between a User, are subject to the terms of agreement which has been agreed between these Users. Processio has no involvement in collaborations and agreements between its Users and Processio assumes no responsibility for the accuracy or the reproduction of the information that is created or shared via Comdia.
8. Personal data
Users should be aware that information that is exchanged between Users may contain sensitive personal information. This can include information about the Supplier or the Supplier’s employees that is submitted when the Supplier creates a Comdia account, or when placing bids or responding to market dialogues etc.
Procession also collects information about Users’ behaviour on Comdia, including their visits to Comdia, without the User having logged into the User’s site or profile. This is performed, inter alia, with the use of so-called cookies.
Processio does not pass sensitive personal information to third parties. The Supplier should, however, be aware that by using Comdia, the Originator may be able to access and manage the sensitive personal information about the Supplier or the Supplier’s employees.
When a User deletes its profile from Comdia, all sensitive personal data associated with this profile or site is deleted immediately. Users should, however, be aware that sensitive personal information can be shared with other Users via Comdia, as part of the Users’ use of Comdia.
Processio is not responsible for any unauthorised use or distribution of sensitive personal information by Users or third parties.
9. Copyrights and rights of use
Processio holds no copyright to the information or documents that are shared between Users via Comdia. However, Procession is entitled to use or disseminate information and documents that are shared via Comdia, within the objectives and framework of the Comdia platform.
Users should, however, be aware that information and documents that are shared via Comdia with all Users, the public or only with certain Users will be registered, logged and potentially downloaded by these Users or third parties. Processio accepts no responsibility for the violation of a User’s copyright etc within the context of the use of Comdia.