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1.1 Market Dojo Ltd. (market dojo) provides B2B online negotiation software and operates a website at www.marketdojo .com (“the Web Site”) which allows secure business-to-business communications between Participants (“Participants”) and Hosts (“Hosts”) (generically, “Users” or a “User”).
1.2 Hosts send out requests for participation, through the secure platform, and Participants can access the platform and participate in an Online Negotiation Event (“Event”) by submitting Bids (“Bids”). The Event will take the form of either a Request for Quotation, reverse auction or forward auction depending on whether the Host is looking for the supply of goods and services or the selling goods or services.
1.3 The market dojo platform is to be used as a negotiation tool to find the market price. The subsequent activities and placement of contracts or supply of goods or services and payment collection is solely the responsibility of the Host.
1.4 By registering with market dojo, the Host and Participant agree to be bound by the following Terms of Service (“Terms”). Any employees that provide information to marketdojo under these Terms must have the authority to represent the Host or Participant.
2.1 The Users are required to register as a member by completing the online form on the Website if the user wishes to create or Participate in an Event. The User agrees to ensure that their registration details are correct and to update any details when necessary.
2.2 Registered Hosts will be charged for use of the auction tool to run an event as per the pricing detailed on the website. Participants will not be charged for either registration or to participate in an event.
2.2.1 The Users are solely responsible for keeping their personal username and password secure and confidential. The Licence shall be tied to a specific user via their e-mail address, log-in and contact details. It is strictly forbidden for log-in details to be shared within and / or external to an organisation as this could represent a serious breach of security and might lead to significant risks to all parties.
2.3 The Users acknowledge and accept that market dojo only offers the software; The Host acknowledges that the running of any Event or any part thereof by the Host on the Web Site is outside the control of market dojo and is the Hosts responsibility. The Host will indemnify and hold harmless market dojo for any third party claims arising from the Host’s running of the Event or any part thereof.
2.4 At the Event, the Participants will submit Bids on the basis of the terms of the Event given by the Host. The Host is responsible for the criteria set out in the request whether the Host is looking for Bids to supply or for Bids for the purchase of an item or service. By bidding to supply or buy an item or service the Participant agrees that it meets the criteria as set out in the request by the Host. Such Bids constitute a legally binding offer by the Participant capable of acceptance by the Host.
2.5 The Participant will not be able to withdraw a Bid [unless expressly allowed to by the Host]. Any attempt to do so may constitute a breach of contract, and a Host may take legal action against the Participant. In such circumstances, market dojo shall have the right to terminate the Participant’s registration and use of the Web Site and the Host can eject the Participant from the event.
2.6 The final selection of a Participant is a matter for the Host. There is no obligation to place a contract or supply unless outlined in the Request for Participation. Hosts and Participants will be encouraged to give feedback on completion of each Event.
2.7 The communications between Host and Participant before event and post-event contract or supply award are not the responsibility of market dojo. It is the responsibility of Host and Participant to enter into any post Event contract as they agree between themselves. It is the Hosts responsibility to agree to terms of business between the Host and the Participant.
2.8 We make no guarantees about the Goods or Services offered by a Host or Participant nor give any assurances that a Participant will Bid at auction or provide the Host with products or services or payment. Participants will need to be validated or audited by the Host to satisfy they are fit for purpose.
2.9 market dojo take no responsibility for any pre or post third-party data or contracts relating to the negotiation activity; this is a matter strictly between the Host and their selected Participant.
2.10 The Host indemnifies market dojo for any claims or liabilities arising from the Event which are directly based on the Host’s information.
2.11 Unless the Event states otherwise:
2.11.1 The Host is not obliged to accept any Participant Bids.
2.11.2 The Event is not legally binding on the Host.
2.12 market dojo reserves the right to change, modify, substitute or remove without notice any information or services on the Web Site from time to time.
2.13 The Host acknowledges that due to the nature of the Internet, access to the Web Site may be suspended, restricted or terminated at any time. If possible, notice will be given and all reasonable efforts will be made to avoid this. marketdojo will also have no liability in respect of any transmissions the Users send through market dojo and the Users do so entirely at their own risk.
2.14 The Users acknowledge that during the Event there may be discrepancies between the Participant’s local time clock and the market dojo server Event time clock which are outside the control of market dojo. The Participant should be aware of this and should place their bids in a timely manner. There is a short grace period once the eAuction closes whereby bids placed within the time limit can be processed by the server.
2.15 Hosts acknowledge that market dojo may use information from the activities of Hosts on the Web Site for marketing purposes. market dojo shall only identify Hosts by name if the Host gives their written consent to a written request and no confidential information will be published.
2.16 In certain circumstances, for reasons including but not limited to a Licence holder leaving employment of the Licence holder’s organisation or a Licence holder moving to a different job role, market dojo can transfer the Licence to an alternative user. market dojo reserves the right to consider the circumstances and to decide the appropriate outcome. There shall not be allowed any period of overlap during this transition of multiple user’s accessing the same Licence.
2.17 By using of the software from market dojo, you are hereby agreeing to the Terms of Service outlined on the market dojo website.
3.1 Support will be given in the form of live chat, e-mail and phone. This support will be in the form of technical advice.
3.2 However technical support is only be offered to the named user and the suppliers involved in their sourcing events.
3.3 Resources and guides are available to download at no cost for any person who is signed up with market dojo . The resources are a recommended starting point for any user.
3.4 For monthly and Annual licences, the number of events that can be run by that named user is unlimited for the duration of the Licence. However this is subject to a fair use policy whereby the support in a given month must not exceed 5 hours per month per Licence. This is to ensure market dojo can afford to offer the optimal support for their customers.
3.5 Further consultancy advice on the successful running of events can be given during the course of an activity as long as this is deemed reasonable. market dojo reserves the right to ask for further payment for consultancy advice where this activity is deemed excessive . Any additional payment for consultancy advice shall not be incurred without a signed agreement from both parties.
4.1 The fees payable by the Host to market dojo are as set out on the Web Site (unless agreed in writing otherwise). market dojo will require payment from the Host before the Host is able to invite Participants [unless otherwise agreed]. The prices quotes on the website are excluding VAT .
4.2 Unless otherwise agreed, there are no fees payable by the Participant to market dojo in connection with the Event.
4.3 The Annual Licence shall cover a full period of 12 months, commencing upon a formal acceptance of the Licence agreement. The Licence cannot be returned at any time after the formal acceptance has been made and refunds shall not be possible.
4.4 There will be an additional surcharge of fees paid via paypal of 3.5% to cover additional fees from this service.
5.1 The Host agrees that the Event and any associated material which market dojo presents on the Web Site are on the instruction of the Host and are not representations, actions or statements of market dojo and are not binding on market dojo or on any third party, but are representations, actions or statements of the Host.
5.2 market dojo is not an agent of the Host and acts exclusively as a facilitator of the Event, enabling Participants and Hosts to come together. market dojo has no liability in connection with any relationship between the Participant and Host formed as a result of the Event.
6.1 market dojo makes no guarantee as to the creditworthiness, existence, identity or authority of any Users or another person who submits to the Web Site or to other Users. Each User acknowledges that the validity of all such information can never be fully verified, and that it is acting at its own risk.
6.2 Also, market dojo cannot guarantee that a User’s password will not become available to third parties who do not have authority to act on behalf of the Participant to make Bids or the Host to create or edit Events. Whilst market dojo has made all reasonable efforts to ensure the Web Site is secure, Users shall bear this risk.
6.3 The Host acknowledges that any contracts entered into as a result of the use of the market dojo software are outside market dojo ‘s responsibility and will indemnify marketdojo for any claims arising from contracts entered upon.
7.1 The Host undertakes that it will act in a responsible and professional manner.
7.2 The Host agrees not to manipulate any event will not use any Participant data except as set out in these Terms.
7.3 The Host agrees to comply at all times with applicable legislation.
7.4 market dojo reserves the right to terminate any agreement with a Host that is in breach of this agreement.
8.1 Participants undertake that they will act in good faith at all times in all dealings with market dojo or other Users and in line with the auction concept whether it is forward or reverse. Participants will only make Bids in the Event to which they intend to be bound.
8.2 Participants will not collude with other Users or third parties in order to manipulate the Event nor will they share pricing information with each other. Users will indemnify market dojo against all liability arising out of any breach of these terms.
8.3 By signing up to Market Dojo, Participants will have the ability to be notified of other opportunities that may be relevant to them. Users can unsubscribe from this in the profile section.
9.1 market dojo is not responsible for the actions of Hosts or Participants who use this site. The Users should make any complaints or claims they may have relating to any of their activities directly to the person/company concerned.
9.2 market dojo shall not be liable to the Host for any indirect or consequential loss from any breach of market dojo’s obligations under these terms.
9.3 The Host acknowledges that market dojo shall not be liable to any User for any direct, indirect or consequential loss arising from any loss of connection to the Web Site or Event. market dojo shall ensure that availability of the software and operation of the website used to provide the service shall be 99.9%. In the event that this level of availability is not met on a monthly average, market dojo shall discuss with the Host and agree an appropriate refund of a proportion of the fees for the Annual Licence or extension to the current licence at no cost.
9.4. market dojo have no liability for any data downloaded from this website or as part of the service. market dojo do not accept liability for any indirect or consequential loss however caused as a result of any computer virus, bugs, or other similar programmes arising from the Users use of the website. market dojo will obviously do their best to protect their site but it is the Users responsibility to take precautions against these issues.
10.1. market dojo reserves the right to:
10.1.1 market dojo reserves the right to make amendments to these Terms at any time and shall make their users aware of such changes by email so that the user can exercise a right to terminate (without breech) which must be made in writing quoting this clause.
10.1.2 Terminate this agreement in the event that the User has failed to pay any fees within 15 days of the due date.
10.1.3 Stop any auction or Bid and ban users from using the Web Site.
10.1.4 Modify or withdraw the Web Site at any time without notice.
10.1.5 To reject any registration or access to the website and to temporarily or indefinitely suspend any registered user.
10.1.6 To withdraw usernames and passwords at any time without notice should market dojo believe they have been compromised.
10.2 The Host may not terminate this agreement whilst fees to market dojo remain outstanding.
10.3 On termination of these Terms, the Event and access to the Web Site will cease and all information belonging to the other party will be returned or destroyed. Adequate timescales and provision will be made for the returning of data.
11.1 market dojo , the Host and the Participants agree to keep all information submitted to the platform or which otherwise is disclosed by either party under these Terms confidential and shall not disclose any such information to any third parties without the consent of the owner of the confidential information save that it can disclose such information to those of its employees, agents or professional advisers who have a need to know and who are bound to keep the information confidential.
11.2 market dojo and the Host agree to use the Confidential Information of the other solely in connection with the performance of the Event and not otherwise or for the benefit of any third party.
11.3 Each party will, at its own expense, take all reasonable and appropriate steps to enforce any duty of confidence owed to it by any party (including employees, agents, sub-contractors and professional advisors), insofar as such enforcement appears to be necessary for the protection of the confidentiality of the Confidential Information.
11.4 The provisions of clause 11 will not apply to the whole or any part of the Confidential Information which:
11.4.1 is lawfully obtained free of any duty of confidentiality otherwise than from a party to these Terms;
11.4.2 is already in the other party’s possession other than as a result of a breach of this clause 11;
11.4.3 the Party can demonstrate is in the public domain (other than as a result of a breach of this clause 11);
11.4.4 is independently developed or acquired by that Party without access to the Confidential Information;
11.4.5 Is disclosed pursuant to a judicial or other governmental order, provided that the Party required to disclose gives the other Party reasonable notice prior to such disclosure to allow the disclosing Party a reasonable opportunity to seek a protective order or equivalent; or
11.4.6 Is disclosed with prior written consent of the other Party.
12.1 These Terms of Service will be construed in accordance with and governed by the laws of England and each party agrees to submit to the exclusive jurisdiction of the courts of England.
market dojo reserves the right to change these Terms of Service at any time. These will be posted on the Web Site and will come into immediate effect. If the Web Site is used after these conditions come into effect then the User will be indicating their agreement to be bound by these new Terms of Service.
14.1 Any and all relevant clauses contained within these Terms shall also apply to the innovation dojo product.
14.2 It is the Participants responsibility to protect any ideas that they have proprietary rights to. The Participant may choose to do this before submitting any idea, and if in doubt, we recommend the Participant discusses this issue with their own legal advisor. By submitting an idea, the Participant may affect their ability to protect it at a later date, so the Participant must make sure to obtain the protection that is felt necessary before submitting, failing which, it may be that no future claims related to their proprietary rights in such ideas can be entertained in any way. The Participant represents and warrants that there are no actual or threatened claims, demands or pending lawsuits involving intellectual property rights contained in ideas submitted, or any part thereof.
15.1 Any and all relevant clauses contained within these Terms shall also apply to the category dojo product.
15.2 Any information submitted through the platform for category dojo shall be treated as confidential as discussed above. However category dojo reserves the right to analyse any data on the site with a view to making improvements to the algorithms which can be subsequently updated. Notice of these changes does not have to be given and the results that are displayed will be subject to change based on these improvements.
15.3 The results stated by category dojo are merely guidelines based on the inputs from the users therefore cannot be held as definitive. category dojo is indemnified against any actions from outcomes where the results have been considered.
16.1 If you are signing up to one of our eMarketPlaces either as a host or a participant, then Market Dojo reserves the right to use anonymised data from the services for marketing and commercial purposes as well as improving the service
16.2 Any participants added to the system via the host or email request will be automatically added to the database although participants can opt out of notification via their profile.
With Quick Quotes, it's difficult to find reasons not to use it. My team think its great. We were worried everyone would say you send too much stuff but everyone's feedback has been “we love it”.
I managed to generate a 48% saving in 2 hours so was very happy with the result! I would definitely recommend these guys. I honestly don't have a bad word to say about them. Excellent service, excellent software and a fantastic experience.
The company and people are intuitive, young and enthusiastic in nature. Specsavers will be looking to use Market Dojo as a ‘business as usual’ tool and regard it as an integral part of their negotiation toolkit.