Bee-Best®

These Terms and Conditions of Use (the "Terms of Use") apply to the European Institute for Purchasing Management, 74160 Archamps, France, ("EIPM") web site section "BEE-BEST SELF ASSESSMENT TOOL" located at www.eipm.org and all associated sites linked to www.eipm.org by its subsidiaries and affiliates. The Site is the property of EIPM and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Acceptance

These Terms of Use state the terms and conditions of the Site. Please review this notice carefully. By accessing, browsing or using the Site, all users and viewers acknowledge acceptance of the terms and conditions listed in the notice.

EIPM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, EIPM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Purpose of the Site

The Site provides access (subject to the acceptation of related terms and conditions) to a SELF EVALUATION TOOL that has two purposes:

Provide companies that assess their procurement organisation and its processes against the Best Known Processes and Practices, with statistical information on how they compare with other tool users,
Be the application form that companies have to use to apply for the EIPM Peter Kraljic Awards for Best Procurement Organisation AWARDS, which will be awarded at the Annual EIPM Conference.

As a complement, EIPM may promote solutions including training, people and organisation development, and best practices that will help companies improve their procurement performances.

Eligibility

You have to register yourself to access the tool, but EIPM will not grant access to the Site and any related services if you are:

A EIPM competitors,
A consultant,
An individual,
A training organisation.

If you are one of these users please do not use the Site. If you use it despite this rule, EIPM reserves the right to terminate your account and access rights to the Site.

License

Subject to the terms and conditions of this Agreement and to the payment of all applicable fees, EIPM grants you a non-exclusive, non-transferable, non-assignable, revocable license to the materials contained herewith (the "Product") to do the following: You may access the tool to perform the Procurement Organisation Assessment, and/or to apply to the EIPM Excellent Procurement Organisation Awards for the Site or organisation defined in the application document, and permit access to it by a single person.

In the event that this particular individual needs to be changed you may transfer the License to another person of the same organisation, provided you inform EIPM in advance and the new user complies with the terms of this Agreement.

All trade marks and logos displayed on the Site are exclusive property of EIPM or their respective owners. You shall not use the marks or logos in any manner without EIPM’s or their respective owner’s prior written consent.

Content

All text, graphics, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the text, design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to EIPM, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without EIPM’s express prior written consent.

You may use information on EIPM products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by EIPM for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Any download that is not explicitly authorized is expressly forbidden.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. EIPM reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any EIPM server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You further agree not to access the Site by any means other than through the interface that EIPM provides.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of EIPM, including any EIPM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of EIPM or others.

Pricing and Availability Information

Pricing and availability as set forth in the EIPM Site are subject to change without notice, and may not be available in all countries.

Confidential Information

Tool used for Self Assessment

The raw unprocessed information submitted in the tool will be solely for the designed use and will not be disclosed to any party besides EIPM, and will not be shared.

By using the tool for assessment, the user licenses EIPM to use, and have used, submitted data for statistical analysis, in aggregation with the data provided by all other users. For that activity, no information will be linked to its source.

Tool used for Award application

The information will only be made available to EIPM personnel on a need to know basis and selected assessors with valid Non Disclosure Agreement signed. See model (linked here)

Assessors will be certified EIPM or EFQM assessors only, and from activities that are not in direct competition with the applicant activities.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify EIPM immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by EIPM or any other user of or visitor to the Site due to someone else using your ID, password or account.

Privacy

In accordance with the law of January 6th 1978 n°78-17 (“Informatique et libertés”) modified by the law of August 6th 2004 n°2004-801 (“protection des personnes physiques à l’égard des traitements de données à caractère personnel”) EIPM may collect personal information.

When you use or register with the Site, EIPM may ask for certain personal information (name & surname, job assignment, phone and e-mail). You commit to delivering complete and true information. EIPM may disclose personal information to third parties involved in the award process.

If you give false or inaccurate information, EIPM reserves the right to refuse immediately the access, and for the future, to the Site.

This Bee-Best Assessment site and related services are fully compliant with the General Data Protection Regulation (GDPR) which took effect on May 25, 2018. In the Privacy Policy of the site, you will find information concerning the use, security, access, rectification and deletion procedures of any personal data that you sharewith EIPM.

In accordance with the above-mentioned laws, you have a right to access, modify correct and remove your personal information.

In the absence of direct access to your personal information, you can contact EIPM at the following address: French Geneva Campus, Bâtiment Mont Blanc 2, 59 Rue Antoine Redier, Technopôle d’Archamps, 74160 Archamps, France, in order to modify, correct or remove it.

Links to Other Sites and to the EIPM Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under EIPM’s control, and EIPM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

If you are linking to the EIPM website your Site shall not contain material that could be construed as distasteful or offensive or controversial, and you agree to immediately remove the link to the Site if you breach any provisions described above.

Cookies

EIPM may use cookies to track your access and use of the Site. The “help” section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify when you receive a new cookie et how to disable cookies altogether. However, if you disable cookies, some of the Site’s features may not be available and your use of the Site may be limited.

Disclaimers

EIPM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EIPM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EIPM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EIPM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EIPM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EIPM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

The above disclaimer applies, but is not limited to, to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

EIPM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will EIPM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if EIPM has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, EIPM is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, EIPM’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against EIPM (but not including the purchase price for any EIPM software products or any EIPM support program).

Indemnity

You agree to indemnify and hold EIPM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against EIPM by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

EIPM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) EIPM’s rights or property, or the rights or property of visitors to or users of the Site, including EIPM’s customers. EIPM reserves the right at all times to disclose any information that EIPM deems necessary to comply with any applicable law, regulation, legal process or governmental request. EIPM also may disclose your information when EIPM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that EIPM may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

You agree that EIPM will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the court of Thonon-les-Bains, France, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between EIPM and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and EIPM with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and EIPM with respect to such use are hereby superseded and cancelled. EIPM will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. EIPM’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by EIPM of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between EIPM and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Copyright Information

To obtain permission to use EIPM copyrighted materials or if you have any questions concerning the usage or licensing of EIPM copyrighted materials, please submit your detailed request in writing. You can e-mail your request to legal@eipm.org or fax it to +33 4 50 31 56 81.

The information contained in this Site is subject to change without notice.

EIPM, Bâtiment Mont Blanc II, Rue Antoine Redier,

Technopole d’Archamps, 74160 Archamps, France.

Updated by EIPM Legal July 2018.

Effective July 2018.