The Russian-language version of this document is the governing text. This translation is provided for convenience.
These Terms of Use (the "Terms") govern use of the closed procurement platform at velpharmbid.ru (the "Platform"), operated by Общество с ограниченной ответственностью «Велфарм» (the "Operator").
1. General
1.1. These Terms are an offer. Ticking the acceptance box at registration or when accepting an invitation constitutes acceptance and forms an agreement.
1.2. The Platform is intended solely for legal entities and individual entrepreneurs. A User acts on behalf and in the interests of the organisation they represent and confirms they are authorised to do so.
1.3. The Platform is closed. Access is granted to employees of the Operator admitted to procurement work, and to representatives of supplier organisations invited by the Operator. Suppliers cannot self-register.
2. Accounts
2.1. An account is personal. Sharing credentials with anyone else, including colleagues at the same organisation, is not permitted.
2.2. The User must notify the Operator immediately of any unauthorised access to their account at proretail@velpharm.ru.
2.3. Actions taken through an account are deemed taken by the User unless proven otherwise.
2.4. The Operator may suspend or end access where these Terms are breached, where the User ceases to be authorised to represent their organisation, or where the relationship with that organisation ends.
3. Using the Platform
3.1. The User undertakes not to disrupt the Platform, circumvent access controls, obtain access to information not intended for them, or harvest information from the Platform by automated means.
3.2. Information about procurement procedures — position names, volumes, prices, the identity of participants and the contents of offers — is confidential. Its handling is governed by the Data Usage Agreement.
3.3. The Operator does not guarantee uninterrupted availability and may suspend access for scheduled maintenance.
4. Legal effect of actions on the Platform
4.1. Publishing a procurement procedure is not an offer and does not oblige the Operator to enter into a contract.
4.2. Submitting a commercial offer is a proposal by the supplier, valid for the period the supplier states when submitting it.
4.3. Selecting a winner does not conclude a supply contract. A contract is concluded separately in written form.
4.4. The Operator may decline to select a winner and close a procedure without an award, and may cancel a procedure at any point before a winner is selected.
5. Liability
5.1. The parties bear liability in accordance with the legislation of the Russian Federation.
5.2. The Operator's liability is limited to documented and proven actual damage. Lost profit is not recoverable.
5.3. The Operator is not liable for losses arising from: inaccurate information provided by the User; the User sharing credentials with third parties; the User acting in breach of these Terms; or unavailability of the Platform due to circumstances beyond the Operator's reasonable control, including failures of third-party networks and equipment.
5.4. Nothing in this section limits the Operator's obligations as a personal data operator under Federal Law No. 152-FZ of 27 July 2006, or excludes liability that by law cannot be limited by agreement.
6. Changes
6.1. The Operator may amend these Terms. A new version is published on the Platform. Continued use after the new version has been presented and accepted constitutes acceptance of it.
6.2. A User who does not accept a new version may stop using the Platform and request that their account be closed.
7. Governing law and disputes
7.1. These Terms are governed by the law of the Russian Federation.
7.2. Disputes are resolved through negotiation. Failing agreement, a dispute is referred to the commercial court at the Operator's location.