Proqura Terms of Use

Please read this information carefully before using Proqura

By registering for Proqura, you agree to be bound by the following terms and conditions of using this solution ("Terms of Use"). Any new features or tools added to the current service shall be also subject to the terms of service

The following information constitutes the current version of the terms of service. Proqura Technologies Limited reserves the right to update and change the terms of service by posting updates and changes to the Proqura website.

  • "Proqura", "we", "our" and "us" means Proqura Private Limited and its affiliates and may be used interchangeably to refer to the service provider.
  • "Proqura Service", "Service" and "Platform" will be interchangeably used to refer to the features and functions Proqura offers to its customers, including online procurement, requisitioning, purchasing, ordering, receiving, acceptance, payment confirmation, data analysis, and other services and associated content, developed, operated, and maintained by Proqura, and made accessible via https://www.proqura.com or another web site or IP address designated by Proqura from time to time.
  • "You", "user", "client" and "customer" will be interchangeably used to refer to the service receiver.
  • "Supplier", "vendor" and "seller" will be interchangeably used to refer to suppliers, providers, producers, manufacturers, wholesalers, retailers, dealers or distributors of goods and services listed on Proqura, or invited, messaged, or otherwise engaged with by you through Proqura.
  • "Items" refers to the goods, services or works listed on or offered through Proqura or otherwise requisitioned, purchased, ordered, received, accepted, or paid for by you through the Proqura.
  1. Representations and Warranties
    1. If You are using Proqura on behalf of a business or entity, you represent to Proqura that (a) you have authority to bind that business or entity to these Terms of Use and to act on behalf of that business or entity and (b) the business accepts these Terms of Use.
    2. You expressly agree and acknowledge that you are subject to, bound by, and will comply with these terms of use. By using the service, you agree to these terms of use; if you do not agree, do not use the service.
    3. You represent and warrant the following: (i) You will comply with all laws and regulations that apply to your use of Proqura; (ii) You possess all right, power, and authority to enter into these Terms of Use; and (iii) information that you provide to Proqura or upload to the Service will be accurate and that you are responsible for the accuracy of your Information.
  2. Account Terms and Conditions
    1. A user account must be linked to a Company, Business Enterprise, or other formal Organization. Each user account will has a separate profile, username, password and set of permissions.
    2. To register a Company, you are required to provide the full legal name of the Company, its current address, and a valid email address.
    3. To register as a user, you are required to provide your full legal name, a valid email address, your job designation, and your phone number.
    4. The first user to register a Company is given full authority to administer the Company account. As the account administrator, you may add users to the account and you are responsible for determining the permissions provided to these users. Account administration rights may be transferred to another user if needed.
    5. Proqura will try to verify the authority of the person signs up on behalf of a Company but will not be held liable for any loss or damage from or as a result of misrepresentation and/or misconduct and/or failure to appropriately manage the account by one or more of the account administrators.
    6. The account administrator(s) of a Company is/are responsible for managing the passwords associated with the account. We cannot and will not be liable for any loss or damage from the failure of the account administrator(s) to maintain the security of the account and passwords.
    7. You may not use Proqura for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    8. As a Proqura user, you are responsible for all the activity and the contents including any data, graphics, photos, and links that are uploaded under your Proqura account.
    9. You must not transmit any worms or viruses or any code of a destructive nature.
    10. If you breach or violate any of these terms of service according to our sole discretion, we will have the right to immediately terminate your account and take any legal action we find suitable.
  3. General Terms and Conditions
    1. You must read, agree on and accept all the terms and conditions contained in this user agreement in order to become a Proqura user.
    2. You must be at least 18 years of age.
    3. You understand that your content (not including your personal data and your credit card information), may be transferred unencrypted and involve (1) transmissions over various networks, and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
    4. Your personal data is handled carefully and with respect to all the internationally known good practices. Read our Privacy Policy for more details.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service or access to the service without Proqura's express written permission.
    6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Proqura or Proqura trademarks and/or variations and misspellings thereof without Proqura's express written permission.
    7. The validated email registered in your account will be used by the Proqura team to communicate with you. Any messages sent to this email is considered to be delivered.
    8. Any questions about the terms of service should be sent to support@proqura.com
  4. Service Terms and Conditions
    1. You shall not submit, upload, email, post or transmit to, or distribute or otherwise publish through the Service any material which: (i) disrupts the normal flow of dialogue and/or exchange within the Service, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the Service; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability, or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains solicitations or advertisements of any kind; (vii) constitutes or contains false or misleading indication of origin or statement of fact; or (viii) contains chain letters or pyramid schemes.
    2. Proqura makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with the Service.
    3. Proqura makes no guarantee of the accuracy, correctness or completeness of any information in the Service or provided by users of the service and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service provided by the Service; and (iii) any defamatory, libelous or unlawful material provided by the Service, including emails, profiles, documents, catalogues, advice, statements, memorandums or discussion board postings, or materials related to users' use of the Service. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Proqura has the right, but not the obligation, to correct any errors or omissions in any portion of the Service.
    4. Proqura is not involved in nor is it a party to any transaction between any parties who use the Service. The Service is a venue only and Proqura's principal role is to connect Customers with Suppliers in the Network using information provided by Customers and Suppliers, and Proqura does not control and has no responsibility for the information provided by Customers or Suppliers or the behavior of Customers or Suppliers.
    5. Proqura cannot control whether or not Customers or Suppliers will complete the transactions they engage in the Service. You agree and acknowledge that Proqura has no control over a Supplier's decision to conduct a transaction with you through the Service. Accordingly, you shall defend, indemnify and hold Proqura harmless against any expense, liability, loss, damage or costs (including reasonable attorneys' fees), each to the extent payable to a third party, incurred in connection with claims, demands, suits, or proceedings ("Claims") made or brought against Proqura by a third party arising from or relating to (i) a dispute between you and your Suppliers arising from your use of the Service to exchange information or conduct business with such Supplier.
    6. You acknowledge and agree that any quotation, offer, or proposal accepted by you and any purchase order, contract, master agreement, or other formal award ("Contract") issued by you comprises a legally binding commitment by you which must be honored provided that (1) the supplier accepts your Contract and (2) all terms and conditions in the Contract are met or you have explicitly agreed with the Supplier that the Contract may be cancelled prior to delivery or other such conditions as may have been specified in writing in the Contract.
    7. You acknowledge and agree that acceptance through the issuance of a Goods Receiving Note of any items delivered to or provided to you by a Supplier indicates your satisfaction with and confirmation of fulfilment or completion of the Supplier's end of the Contract, and binds you to making a complete payment subject to the terms and conditions mutually agreed to in the Contract.
    8. You acknowledge and agree that initiating a Live Reverse Auction indicates a pre-commitment by you to conduct a transaction subject to conditions laid out in the auction rules (such as reserve price or bidder quorum). You acknowledge and agree that the sale is complete when the auction is completed and a winning bid is determined, subject to the auction rules being met (such as reserve price or bidder quorum). You acknowledge and agree that at the completion of the auction, subject to the auction rules being met, no further negotiation will be done with the winning supplier and no further bids will be entertained and that such negotiation or bid evaluation represents violation of the auction principles of fairness and disclosure. You acknowledge and agree that completion of sale comprises a binding purchase commitment by you provided that the winning Supplier meets the terms and conditions set out in the auction.
    9. You acknowledge and agree that inviting Suppliers to participate in a Live Reverse Auction indicates that you have pre-qualified the Suppliers and ascertained to your satisfaction that the invited Suppliers are able to engage in the Live Reverse Auction. A Supplier's acceptance of your invitation to participate in the auction indicates confirmation of the Supplier's willingness to engage in the auction.
    10. You acknowledge and agree that you will clearly communicate to invited Suppliers, the Item specifications, auction rules, participation terms and conditions, terms of purchase and legal terms and conditions. A Supplier's acceptance of your invitation to participate in the auction indicates the Supplier's confirmation of having understood the specifications, auction rules, participation terms and conditions, terms of purchase, and legal terms and conditions.
    11. You acknowledge and agree that you remain fully responsible towards competent tax authorities for payment or withholding and statutory filing of sales tax, VAT, or any other applicable taxes.
  5. Service Level Commitments
    6. As part of this Agreement, Proqura is committed to the following levels of service delivery:
    1. Urgent Priority Issue:
      1. an issue which affects the entire Proqura application not functioning.
      2. an issue which significantly impacts your business due to not being able to use the application (e.g. server outage)
      During business hours (9:00am to 5:00pm GMT), Proqura is committed to resolving all Urgent priority issues within four (4) hours of receipt of the support request where possible.
    2. Regular Priority Issue:
      1. an issue is affecting a part of the system that you use a significant part of the time to manage your business.
      2. an issue is significantly affecting your ability to deliver effective customer service to your customers.
      During business hours (9:00am to 5:00pm GMT), Proqura is committed to resolving all regular priority issues within forty eight (48) hours of receipt of the support request where possible.
    3. Low Priority Issue:
      1. an issue is moderately impacting your business with some functionality of the system being affected.
      2. a temporary work around can be implemented until the issue can be resolved.
      During business hours (9:00am to 5:00pm GMT), Proqura is committed to resolving all the low priority issues within a period of time will be determined based on the amount of work needed.
  6. Uptime Commitment
    7. Proqura is committed to an uptime target of 99.9% for its application at all times. We have chosen and will always make sure to use a highly reputable hosting partner to ensure that we have the best possible chance of achieving this target at all times. We, however, cannot guarantee this target due to out of control factors such as telecommunications / network issues, hosting party issues, and client-related telecom issues.
  7. Our Rights
    1. As an effort toward meeting our legal obligation we reserve the right to use the contact information you provided us through signing up for the service or any other method of communication to contact you in order to verify that the information you've provided is true and the purpose of the communication you initiated is legitimate. We will provide you with the information you need to decide whether or not this is what you're looking for. If we don't receive any response from you for one year, we have the right to cancel your account and remove your data from the system. You can opt out and/or request that your account be terminated at any point.
    2. We reserve the right to terminate the service for any reason, with thirty days-notice at any time. Upon termination of your Proqura account, Proqura will offer you a copy of your data via an appropriate data medium.
    3. Proqura may delete your account and remove your data after the termination of this agreement, except for any documents involving other parties, like; Purchase Orders, Bills, and Contracts.
    4. We reserve the right to refuse to offer the service to anyone for any reason at any time.
    5. We reserve the right to terminate accounts containing content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these terms of service.
    6. Verbal or written abuse of any kind (including threats of abuse or retribution) to any of Proqura customers, employees, users or officers will result in possible immediate account termination.
    7. We reserve the right to monitor the activities in all the accounts in the system for quality assurance and to confirm that everything is inline with the terms of this agreement. All system admin activities are logged and fully controlled to only do what's needed for it's objective to be achieved.
  8. Limitation of Liability
    1. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
    2. In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
    3. Your use of the service is at your sole risk. The service is provided on "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
    4. We do not warrant that the service will be uninterrupted, timely, 100% secure or error-free.
    5. We do not warrant that the results that may be obtained from the use of the service will be 100% accurate or reliable.
    6. We do not warrant that the quality of any of our products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected according to your wishes.
  9. Waiver and Complete Agreement
    10. The failure of Proqura to exercise or enforce any of the rights or provisions in this terms of service agreement shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and Proqura and governs the use of the service, superseding any prior agreements between you and Proqura (including, but not limited to, any prior versions of the terms of service).
  10. Intellectual Property and Customer Content
    1. We do not claim any intellectual property rights over your material that you provide through and in Proqura. You may request Proqura to delete your account. Doing so will also remove all the content you have stored on the system except for any documents involving other parties like Purchase Orders and Contracts, to avoid making changes to the data of the other involved parties without their consent.
    2. By uploading images and item description content to Proqura, including information uploaded through the import function, you agree to allow designated users to view them, you also allow us to store them and you agree that we can, at any time, review all the contents submitted by you on Proqura.
    3. We support the protection of intellectual property and expect Proqura users to do the same. It is our policy to respond to all notices of alleged intellectual property infringement. If individuals believe that one of our users is infringing their intellectual property rights, those individuals may send us formal notices with supporting documents to our address provided on the Contact page. Upon receiving the notice with the appropriate supporting documents, we may remove or disable the disputed account and allow for corrective actions, or notify the current account holder about the complaint. Once provided with a notice of takedown, the user may reply with a counter notification with supporting documents, if the user objects to the complaint. The original complainant must respond promptly, otherwise, we restore the material.
  11. Payment of Fees
    1. Account holders who register for Proqura packages that require payment need to use a valid credit card to pay for the service. People and organizations that register for Proqura packages that do not require payment, do not need to submit credit card information.
    2. Account holders must prepay for the service, if applicable. Your service expires at the end of the service agreement period. For example, if you choose a monthly service package, the service will expire in 30 days. If you choose recurring option it will be automatically renewed at the end of the service agreement period.
    3. All fees are exclusive of all and any federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("taxes"). You are responsible for all applicable taxes that arise from your subscription to a plan. These taxes are based on the rates applicable in the province of the billing address you provided. Such amounts are levied in addition to the payment for the plan and will be billed to your credit card.
    4. If you are exempt from the payment of such taxes, you must provide an original certificate that satisfies applicable legal requirements attesting to tax exempt status. Tax exemption will apply only from the date we receive such a certificate.
  12. Cancellation and Termination
    1. You may cancel your account at any time by mailing support@proqura.com
    2. Once your account is cancelled, all of your content will be deleted from the system except for any documents involving other parties like Purchase Orders and Contracts, to avoid making any changes to the data of other parties without their consent.
    3. We do not provide refund except if we decide to terminate the account without giving legitimate reasoning. In this case you'll be entitled to receive a refund proportional to the remaining period.
    4. We reserve the right to modify or terminate the Proqura service for any reason, with a thirty days-notice at any time.
    5. With respect to fraud, without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with Proqura.
    6. Proqura confirms that in the event that it experiences an acquisition, or insolvency it will ensure that all your data in Proqura remains your property. You will have full physical and electronic access to your data which can be retrieved and transferred to your choice of storage media. This same access is to be granted should either party elect to terminate the Agreement. Proqura confirms that should Proqura be acquired, purchased or taken over by another entity, this Agreement shall still be upheld.
  13. Modification to the Service and Prices
    1. We may provide notices regarding modifications to the service and prices by posting the changes to the Proqura website and/or email notification.
    2. You will be entitled, to new product enhancements when they become implemented in Proqura.
    3. You will be notified, from time to time, of any significant new optional chargeable features.
    4. We reserve the right to start and/or stop any special offer at any time without prior notice.
    5. We reserve the right at any time to modify or discontinue the service (or any part thereof) with a thirty days notice.
    6. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
  14. Optional Tools
    1. We may provide you with access to third party tools. We do not provide input for these tools, nor do we monitor or control them. You acknowledge and agree that we provide access to such tools as is without any warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
    2. Any use by you of the optional tools offered through Proqura is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  15. Governing Law
    16. This Agreement and any action related thereto will be governed by and construed in accordance with English Common Law. without regard to conflicts of law principles.