Terms of Agreement

1. Introduction

Comdia.gl (hereinafter referred to as “Comdia” or “The Greenlandic Marketplace”) is an open, flexible online platform that enables market dialogue and the communication of requirements, submitting bids on services and products, and for use when gathering bids, making announcements, (procurements via) competitive bidding and tenders, and for contract management (hereinafter referred to as "Comdia"). Comdia has a modular structure, each module being usable for one or more of these tasks.

Comdia can be accessed online at www.comdia.gl and is owned and operated by Processio ApS, Kochsgade 31D, 2nd floor, 5000 Odense C, Denmark, CVR no. 33 50 14 04 (hereinafter referred to as "Processio").

In Greenland the webpage www.comdia.gl is made available by Greenland Business (CVR 25027248), telephone +299 32 15 00, Jens Kreutzmannip Aq. 3, PO Box 73, 3900 Nuuk. Greenland Business is the subscribing organisation´s contractual party to this agreement unless another agreement is in place.

Greenland Business has entered a contract with Processio concerning the platform Comdia.gl offered to Greenlandic organisations on behalf of Processio.

The platform Comdia.gl is a digital initiative aimed at increasing the local trade between Greenlandic organisations. By subscribing to the platform, the subscribing organisation makes itself visible to local buyers and other organisations and can easily be found under its profile or under product- or competency categories.

Subscribers to the Greenlandic Marketplace can search for products, prices and other services from other subscribers on Comdia.gl.

The Greenlandic Marketplace/Comdia.gl, Processio and Greenland Business, are not involved in any transaction between the supplier and its customers and is solely an intermediary. The Greenlandic Marketplace/Comdia.gl is NOT a web-shop for products and sellers on the platform and can only be used to obtain prices and information from potential suppliers. Entering of contracts and payments for services and products does not take place on the Greenlandic Marketplace/Comdia.gl and does thus not in any way involve The Greenlandic Marketplace/Comdia.gl, Processio and Greenland Business.

These terms of contract are applicable to collaboration between Greenland Business and the following two types of users (hereinafter referred to collectively as "the Users" and individually as "User" or "the User"):

• "Originators": Originators are Users who have a license to publish and disseminate data. An Originator can thus initiate tenders, competitive bidding, gather bids, market dialogues and create supplier lists etc. Each originator has its own site at Comdia.
  
• "Suppliers": Suppliers are companies that can participate in tenders, competitive bidding, bid gathering, market dialogues and create supplier lists that have been initiated or created on Comdia by Originators. Suppliers create their own profiles on Comdia, through which they can access the tenders, competitive bidding rounds, big gatherings, market dialogues and created supplier lists that Originators have initiated or created on Comdia.gl.

Subscribers to Comdia.gl can be a combination of both types of users.

When creating a site or a profile on Comdia.gl, the Supplier/Originator respectively has accepted the conditions laid down in these terms of contract.

2. Compliance with legislation and other public regulations

It is the Originator’s own responsibility to ensure compliance with all regulations pertaining to tenders and administrative law, as well as any other regulations that may apply to a procurement, market dialogue etc.

A User shall not be entitled to file a claim for compensation (financial or otherwise) against The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business, if it is due to the non-compliance of the execution of a given procurement, market dialogue etc. with regulations or other rules pertaining to tenders and administrative law that may apply, regardless of reason, and including technical problems with the Comdia platform. If The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business are found liable for a loss incurred by a User despite the above, the liability shall be limited, regardless of cause, to a total of DKK 5,000 per supplier, or the amount that an Originator has paid to Greenland Business for the implementation of that particular procurement, market dialogue etc.

3. Third Party Information on The Greenlandic Marketplace/Comdia.gl

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business are not responsible for the accuracy or reproduction of the information that is accessed via Comdia, regardless of whether it has been published by a User or a third party.

Although The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business stipulate rules for users’ behaviour, The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business are unable to check or determine the actions of Users on Comdia.gl. The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business shall therefore not be held liable for any offensive, inappropriate, obscene, illegal or otherwise offensive content that may exist on Comdia.

4. Updates to the platform

Processio updates The Greenlandic Marketplace/Comdia.gl on an ongoing basis, inter alia to improve the user experience.

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business accept no responsibility for alterations in the reproduction of Users’ or third parties’ information as a result of updates.

5. Technical interruptions

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business endeavour to keep Comdia up and running, securely and without errors, but does not guarantee any specific uptime levels, service levels or degrees of security.

6. Instructions on how to use The Greenlandic Marketplace/Comdia.gl

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business are not responsible for ensuring that persons employed by a User have been trained in the use of Comdia.gl.

It is thus the responsibility of the Originator to ensure that such persons use the correct module for the right task. It is also the User's own responsibility to ensure the correct use of Comdia.gl.

7. Agreements between Originators and Suppliers

Data and documents that are entered in the agreement management system and which are shared between the Users, are subject to the terms of agreement which have been agreed between these Users. The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business are not involved in collaborations and agreements between its Users and The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business assume no responsibility for the accuracy or the reproduction of the information that is created or shared via Comdia.

Den Grønlandske platform (Comdia.gl) kan benyttes til at indhente priser og informationer fra potentielle leverandører. Indgåelse af kontrakter og betaling for ydelser og produkter sker udenfor den Grønlandske Markedsplads (comdia.gl).

8. Personal data

Users should be aware that information that is exchanged between Users may contain sensitive personal information. This can include information about the Supplier or the Supplier’s employees that is submitted when the Supplier creates a Comdia account, or when placing bids or responding to market dialogues etc.

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business also collect information about Users’ behaviour on Comdia, including their visits to Comdia, without the User having logged into the User’s site or profile. This is performed, inter alia, with the use of so-called cookies.

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business do not pass sensitive personal information to third parties. The Supplier should, however, be aware that by using Comdia.gl, the Originator may be able to access and manage the sensitive personal information about the Supplier or the Supplier’s employees.

When a User deletes its profile from Comdia.gl, all sensitive personal data associated with this profile or site is deleted immediately. Users should, however, be aware that sensitive personal information can be shared with other Users via Comdia.gl, as part of the Users’ use of Comdia.gl.

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business are not responsible for any unauthorised use or distribution of sensitive personal information by Users or third parties.

9. Copyrights and rights of use

The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business hold no copyright to the information or documents that are shared between Users via Comdia.gl. However, The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business are entitled to use or disseminate information and documents that are shared via Comdia.gl, within the objectives and framework of the Comdia platform.

Users should, however, be aware that information and documents that are shared via Comdia.gl with all Users, the public or only with certain Users will be registered, logged and potentially downloaded by these Users or third parties. The Greenlandic Marketplace/Comdia.gl, Processio or Greenland Business accept no responsibility for the violation of a User’s copyright etc within the context of the use of Comdia.

10. Contracting party, payment, right of withdrawal, termination etc.

You are purchasing the service from Greenland Business (CVR Nr.: 25027248) Tel.: +299 32 15 00, Jens Kreutzmannip Aq. 3, PO Box 73, 3900 Nuuk who is thus your sole contracting party.

Accept of conditions for subscription
By subscribing you accept that Greenland Business can withdraw or invoice the agreed amount on an ongoing basis in accordance with the chosen product. The payment is initially withdrawn/invoiced when you sign up and will automatically renew itself until you end your subscription in writing to ga@ga.gl. As soon as the payment has been registered with Greenland Business access to The Greenland Marketplace is granted.

Termination of subscription and subscription-period
You can end your subscription at any time, but you will be required payment in accordance with the chosen product until the subscription-period has ended.

Greenland Business can terminate your subscription if Greenland Business´ contract with Processio regarding the platform is terminated, cancelled or in any other way hinders Greenland Business in offering the platform Comdia.gl or services on the same to the user. Regardless of the cause of non-delivery. Greenland Business will offer the subscriber a warning of one month with the termination coming into effect at the end of a subscription-period (31st December). Furthermore, Greenland Business can terminate the agreement if the number of subscribers is insufficient. In such a case the subscription will be terminated with effect from the end of a subscription-period (31st December).

The User can as a result of this make a claim for a refund for the remaining subscription-period. Beyond this, the User can not make any claim towards neither Greenland Business nor Processio as a result of the termination.

Cardholder liability and liability relationship
The subscription is binding once the payment is completed. The cardholder is required to pay the full amount, cf. the selected product.

Subscription cancellation Procedure
Payment for a subscription is charged initially when signing up for the platform and is renewed approx. 4 hours before your profile time expires. This is done to ensure that you do not run out of profile time. Of course, we will add the excess profile time on top of the renewal period.

Procedure for renewal and deletion of card number
If your card is locked because you received a new one or for any other reason, your payment will not be made, and your profile will be disabled until payment can be made.

Invoicing
You will be invoiced annually at the end of December for the coming year.

Cancellation
Your subscription is subject to the statutory cancellation right of 14 days. You can start using your subscription at the moment you complete the purchase. If you wish to exercise the right of withdrawal, you should contact customer service to inform them that you have regretted your purchase.

11. Transfer of agreement to Processio

Greenland Business reserves the right to transfer the agreement with each organisation to Processio, which will thus enter into the same terms as Greenland Business, with the necessary corrections, including, for example, contact information to customer service, etc.

Greenland Business undertakes to notify such transfer of the agreement with a minimum of 1 month to the end of a month.

The subscribing organisation has 14 days from the receipt of such notice to inform Greenland Business if it does not want the agreement to continue with Processio as the contracting party. The agreement then terminates at the same time as when the agreement would otherwise have been transferred to Processio.

If the organisation does not act upon receiving such notice, the company has accepted the transfer to Processio.

If the agreement terminates as a result of a transfer to Processio each subscriber can claim a proportionate reimbursement of any prepayment made, corresponding to the remainder of the subscription-period which cannot be fulfilled. Beyond the reimbursement, each subscribing organisation cannot make any further claims against The Greenlandic Marketplace/Comdia.gl, Greenland Business or Processio of any kind as a result of this termination of the agreement.