SPECIAL TERMS FOR ACCESS TO PRIVATE ANNOUNCEMENTS These Special Terms for Access to Private Announcements (hereinafter, the “Special Terms”) govern the display on the Tender.am electronic platform of procurement announcements relating to private contracting entities, restricted and full access to such announcements, the unlocking of individual announcements, the purchase of access packages for private announcements, and the provision of open access to private announcements funded by the contracting entity. The operator of the Tender.am Platform is Barrus Group LLC (hereinafter, the “Operator”). These Special Terms form an integral part of the Platform’s Public Agreement for the Provision of Information and Other Services. General matters relating to payments, the Wallet, Charges, and refunds are governed by the Platform’s Special Terms for Payments, Wallet and Refunds. The processing of personal data is governed by the Platform’s Privacy Policy. Capitalized terms used in these Special Terms and not separately defined herein have the meanings assigned to them in the Public Agreement. 1. GENERAL PROVISIONS AND DEFINITIONS 1.1. These Special Terms apply to private announcements available on the Platform and to services related to the provision of access to their full content. 1.2. For the purposes of these Special Terms, a “Private Announcement” means an announcement relating to a procurement conducted or planned by a private legal entity, individual entrepreneur, or other non-public contracting entity, regardless of whether the announcement was:
1.3. The private or public nature of an announcement is determined primarily by the status of the contracting entity conducting the relevant procurement rather than by the source from which the announcement was obtained or where it was published. 1.4. The Operator may establish different access conditions for private and public announcements available on the Platform. 1.5. A Private Announcement may be made available:
1.6. Full access to a Private Announcement may be provided through one or more access mechanisms, depending on the services and pricing conditions available on the Platform at the relevant time. 2. DISPLAY OF PRIVATE ANNOUNCEMENTS IN SEARCH RESULTS 2.1. Private Announcements may appear in the Platform’s general search results together with public announcements. 2.2. Where the User does not have the right to access the full content of a particular Private Announcement, the Platform may display only a restricted version of that announcement. 2.3. A restricted display may include certain general information about the announcement while hiding, blurring, shortening, or otherwise restricting access to specific parts of its full content. 2.4. Restricted information may include, in particular:
2.5. The Platform may display the minimum information necessary for the User to understand the general nature of the announcement and decide whether to purchase full access. 2.6. Displaying a restricted version of an announcement does not grant the User the right to access its full content. 3. UNLOCKING AN INDIVIDUAL PRIVATE ANNOUNCEMENT 3.1. The User may purchase full access to a specific restricted Private Announcement by paying the price indicated on the Platform for that announcement. 3.2. Before confirming the payment, the User is shown the final price for unlocking the relevant announcement. 3.3. Following successful payment, the User is granted full access to the relevant announcement within the scope of the content available on the Platform at that time. 3.4. Payment for unlocking a specific announcement is a one-time Charge. The same User is not charged again for reopening the same announcement while the corresponding access remains available in the User’s Account. 3.5. An unlocked announcement may remain available in the User’s Account or in the relevant purchase history section, subject to the Platform’s technical functionality. 3.6. Unlocking an individual announcement applies only to that specific announcement and does not, by itself, provide full access to other Private Announcements. 3.7. Monitoring subsequent amendments and events relating to an announcement is not included in the price of unlocking that announcement unless expressly stated otherwise on the Platform. Such monitoring may be subject to the Special Terms applicable to the “Bookmark” tool or another relevant service. 4. GENERAL OR LIMITED-SCOPE ACCESS TO PRIVATE ANNOUNCEMENTS 4.1. The User may purchase full access to all Private Announcements or to a defined scope of Private Announcements through an applicable package or service offered on the Platform. 4.2. The scope of access may be defined, in particular, by:
4.3. Before confirming the purchase, the User is shown the scope of access being purchased, its validity period, where applicable, and the final price. 4.4. During the validity period of the purchased access, the User may open Private Announcements included within the purchased scope without making a separate payment for each announcement. 4.5. Where a Private Announcement is not included within the User’s purchased access scope, full access to it may be purchased separately or obtained through another service available on the Platform. 4.6. Expiration of an access package does not restrict access to individual announcements previously unlocked by the User through a separate payment, unless a different condition was expressly presented at the time of the relevant purchase. 5. PRIVATE ANNOUNCEMENTS AS A SEARCH AND SERVICE FILTER 5.1. The Platform may use the distinction between private and public announcements as a filter for search, classification, or determining the scope of a service. 5.2. The User may be offered options including:
5.3. Such selection may be available within general search, the “Save Search” service, the “CPV” subscription, or other relevant Platform services. 5.4. Selecting a filter does not, by itself, grant full access to Private Announcements unless such access is included within the scope of the purchased service. 5.5. If selecting “Private Announcements” or “Public and Private Announcements” is subject to a fee or affects the price of the relevant service, the final price is presented to the User before the purchase is confirmed. 5.6. The use of Private Announcement filters may also be subject to the Special Terms applicable to the relevant service, including the Special Terms for the “Save Search” service or the “CPV” subscription. 6. RELATIONSHIP WITH THE “SAVE SEARCH” AND “CPV” SERVICES 6.1. Private Announcements may be included within the matching criteria of the “Save Search” service and within the scope of the “CPV” subscription in accordance with the conditions selected by the User. 6.2. Where a service purchased by the User includes full access to the relevant Private Announcement, no additional Charge is made for unlocking that announcement. 6.3. Where the User’s “Save Search” or another service identifies a Private Announcement but the relevant service does not include full access to it, the User may receive a restricted notification or restricted display with the option to purchase full access separately. 6.4. Where the relevant Private Announcement is included within the scope of an active “CPV” subscription or another service purchased by the User, it is made available without an additional Charge for that specific announcement. 6.5. The User is not charged twice for full access to the same Private Announcement where full access has already been purchased and remains available in the User’s Account. 7. CONTRACTING ENTITY-FUNDED OPEN ACCESS 7.1. A private contracting entity may choose to provide open access to its announcement and pay the applicable publication or open-access fee established on the Platform. 7.2. Following successful payment for the open-access service and, where applicable, publication or activation of the announcement, the relevant Private Announcement may become fully accessible to Platform Users without a separate Charge for unlocking it. 7.3. The scope and duration of open access, publication conditions, and applicable price are presented to the contracting entity before the relevant purchase is confirmed. 7.4. Where open access to a Private Announcement has been funded by the contracting entity, Users are not charged an additional fee for accessing the full content of that announcement during the applicable open-access period. 7.5. Contracting entity-funded open access does not mean that the Operator is the organizer, contracting entity, or a party to the relevant procurement unless expressly stated otherwise on the Platform. 7.6. The contracting entity is responsible for the lawfulness and accuracy of the content, documents, and information submitted by it to the Platform and for having the necessary rights to publish such materials, within the scope established by the Public Agreement. 8. PRICING 8.1. Different prices and pricing mechanisms may apply to different forms of access to Private Announcements. 8.2. Separate pricing may apply to:
8.3. The Operator may establish and modify prices, packages, coefficients, and other pricing parameters applicable to future purchases. 8.4. The final price and principal scope of a specific purchase are presented to the User or contracting entity before the purchase is confirmed. 8.5. Subsequent changes to pricing conditions do not result in retroactive recalculation of a completed purchase. 9. PREVENTION OF DUPLICATE CHARGES 9.1. Where the User already has a valid right of full access to a specific Private Announcement, no additional Charge is made for reopening the same announcement. 9.2. Where a Private Announcement is fully accessible to the User under an active package, subscription, or other paid service, no separate Charge is made for unlocking that announcement. 9.3. Where open access to an announcement is funded by the contracting entity, the User is not charged for unlocking that announcement during the applicable open-access period. 9.4. Overlap between different services or access mechanisms does not, by itself, entitle the User to a refund of amounts properly paid where the relevant service or access was actually provided at the time of payment. 10. INFORMATION SOURCES AND CONTENT 10.1. Information relating to Private Announcements may be obtained from various lawful sources. 10.2. Where an announcement is collected from an external open or public source, the Platform may, where applicable, identify the relevant original source. 10.3. Payment for full access to an announcement obtained from an external source relates to the information access, collection, processing, classification, search, and other relevant services provided by Tender.am and does not constitute a transfer of exclusive rights to information originating from the original source. 10.4. In the event of any discrepancy between information presented in the original source and information presented on the Platform, the information published in the original source prevails. 10.5. The User is responsible for independently verifying material information, documents, and deadlines in the original source. 11. PAYMENTS AND REFUNDS 11.1. The paid services provided under these Special Terms are also subject to the Platform’s Special Terms for Payments, Wallet and Refunds. 11.2. Once full access to a specific announcement has been provided to the User, the service of unlocking that announcement is considered provided. 11.3. The User’s failure to read or use the content of an unlocked announcement or to take any action based on it does not, by itself, constitute grounds for a refund. 11.4. Once the relevant access has been provided under an access package, the corresponding service is considered to be provided throughout the validity period of that access. 11.5. Erroneous or duplicate Charges, confirmed technical errors, and other refund matters are governed by the Special Terms for Payments, Wallet and Refunds. 12. ACCESS RESTRICTIONS 12.1. The Operator may restrict or refuse access to an individual Private Announcement where necessary to comply with applicable law, third-party rights, confidentiality obligations, lawful restrictions, or Platform security requirements. 12.2. Announcements that, by their nature, are intended exclusively for a defined group of persons or invited participants and may not lawfully be distributed more broadly may be entirely hidden from unauthorized Users. 12.3. Paid access does not automatically grant the User the right to participate in the relevant private procurement. The right to participate is determined by the relevant contracting entity and the applicable procurement conditions. 13. CHANGES TO THE SPECIAL TERMS 13.1. The Operator may amend these Special Terms by publishing a new version on the Platform. 13.2. In the event of material changes, Users may be notified through the Platform. 13.3. Where an amendment materially affects an ongoing service already purchased by the User, the Operator may require the User to accept the new version in order to continue using the relevant service. 13.4. Changes to prices, packages, filters, and other pricing parameters do not require an amendment to these Special Terms unless the fundamental contractual mechanisms of the services are changed. 14. FINAL PROVISIONS 14.1. These Special Terms apply to services related to restricted and full access to Private Announcements on the Tender.am Platform. 14.2. Matters not governed by these Special Terms are governed by the Public Agreement, the Special Terms applicable to the relevant services, the Special Terms for Payments, Wallet and Refunds, the Privacy Policy, and the applicable laws of the Republic of Armenia. 14.3. If any provision of these Special Terms is found to be wholly or partially invalid or unenforceable, this does not affect the validity of the remaining provisions. 14.4. These Special Terms may be published in Armenian, Russian, and English. 14.5. In the event of any conflict, inconsistency, or difference in interpretation between the language versions, the Armenian version shall prevail. 14.6. The current version of these Special Terms is permanently available on the Platform. PLATFORM OPERATOR Barrus Group LLC |
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