Georgian Public Procurement OCDS API Terms Of Service

Section 1: Introduction Section 2: Scope Section 3: Use a) Compliance with Law, Third Party Rights, and Other Terms of Service b) Open Source Software c) API Limitations d) Retrieval of content e) Feedback Section 4: Service Termination Section 5: Changes Section 6: Disclaimer of Warranties Section 7: Limitations on Liability Section 8: General Representations Section 9: Disputes Section 10: No Waiver of rights Section 11: General Legal Terms

Section 1: Introduction

Georgian Open Contracting Data Standard application programming interfaces (the “OCDS API”) are a set of programming interfaces which allow you to programmatically query and connect to the Georgian Public Procurement Open Contracting data. By accessing or using OCDS API, you are agreeing to the terms below. You agree to comply with the Terms and that the Terms control your relationship with us. Please read these terms of use (“API Agreement”) carefully before using the OCDS API. If you do not agree to all the terms and conditions of this API Agreement, do not use the OCDS API.

Section 2: Scope

All of the content, documentation, code and related materials made available to you through the OCDS API is subject to these terms. Access to or use of the OCDS API or its content constitutes acceptance to this API Agreement.

When using the OCDS API, you may not (or allow those acting on your behalf to):

  1. Perform action with the intent of introducing services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
  2. Interfere with or disrupt the servers or networks of OCDS API.
  3. Remove, obscure, or alter any terms of service or any links to or notices of those terms.

Section 3: Use

a) Compliance with Law, Third Party Rights, and Other Terms of Service

You will comply with all applicable law, regulation, and third party rights under the legislation of Georgia (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the API to encourage or promote illegal activity or violation of third party rights under forenamed legislation.

b) Open Source Software

Some of the software required by or included in our OCDS API may be offered under an open source license. Open source software licenses constitute separate written agreements. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with us for the applicable open source software.

c) API Limitations

We set and enforces limits on your use of the API (e.g. limiting the number of API requests that you may make), in our sole discretion. You agree to, and will not attempt to circumvent such limitations.

d) Retrieval of content

You may use OCDS API to search, display, analyze, retrieve, view and otherwise ‘get’ information from Georgian Public Procurement Open Contracting data. When a public content is obtained through the OCDS API, you may expose that content to other users or to third parties without restrictions.

e) Feedback

If you provide feedback or suggestions about OCDS API, then we (and those we allow) may use such information without obligation to you.

Section 4: Service Termination

You may stop using OCDS API at any time with or without notice. Further, if you want to terminate the Terms, you must provide us with prior written notice and upon termination, cease your use of OCDS API. We reserve the right to terminate the Terms with you or discontinue the OCDS API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

Section 5: Changes

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to OCDS API. You should look at the Terms regularly. If you do not agree to the modified Terms for an API, you should discontinue your use of OCDS API. Your continued use of the API constitutes your acceptance of the modified Terms.

Section 6: Disclaimer of Warranties

EXCEPT AS DELIBERATELY SET OUT IN THE TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE API. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE OCDS API, THE SPECIFIC FUNCTIONS OF THE OCDS API, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE API "AS IS".

Section 7: Limitations on Liability

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Section 8: General Representations

You, therefore, warrant that your use of the API will be in strict accordance with this Agreement, and all applicable laws and regulations, and your use of the API will not infringe or misappropriate the intellectual property rights of any third party.

Section 9: Disputes

Any disputes arising out of this Agreement and access to or use of the API shall be governed by Georgia law.

Section 10: No Waiver of rights

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Section 11: General Legal Terms

We each agree to accept Agreement in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and us relating to its subject and supersede any prior or contemporaneous agreements on that subject.