Terms of Use and Privacy Statement
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR USING ANY FUNCTIONALITY, CONTENT, SERVICES AND SOFTWARE AVAILABLE ON OR THROUGH THE SITE. BY USING OR ACCESSING THIS SITE,OR USING ANY FUNCTIONALITY, CONTENT, SERVICES AND SOFTWARE AVAILABLE ON OR THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND PRIVACY STATEMENT AND ANY OTHER ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THIS SITE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE AGREEMENT. THIS SITE AND THIS AGREEMENT ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
DSSI, LLC and its affiliates ("DSSI") are purchasing services companies offering a full range of electronic solutions from sourcing management, procure-to-pay processing, and consulting to full BPO outsourcing ("Service").
DSSI maintains a quality management system in accordance with the requirements of the ISO 9001: 2015 International Standard. We have a goal of continually improving this system as our organization continues to grow and succeed.
Ownership
All Content on or through the Site is (and shall continue to be) owned exclusively by DSSI or Others, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, irrespective of whether a copyright symbol or statement is present, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.
Rights to Use the DSSI Site
DSSI grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the DSSI Site and Content solely for legitimate, business purposes, and as permitted by the features and functionalities of the Content, subject to this Agreement. Any access or attempt to access other areas of the Site, Content or any DSSI systems or other information contained on DSSI systems for any other purposes is strictly prohibited. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Content, or on any materials printed or copied from the Site; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of the Content or Site, registering and/or using DSSI or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to DSSI domains, trademarks, taglines, promotional campaigns or DSSI Content. Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights.
Availability of the DSSI Site
Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the DSSI Site and are not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the DSSI Site or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the Site or Content and introduce new features or functionality from time to time. Other than what the parties have agreed in their written agreements, You agree that you do not have any rights in the Site or Content and that DSSI will have no liability to you if the Site or Content is discontinued or your ability to access the Site or Content or any content you may have posted on the Site is terminated.
Restrictions on Use
(a) The text, graphics, images, video, metadata, design, organization, compilation, software, services, data, functionality, look and feel and all other protectable intellectual property (the "Content") available through or on the Site are protected by copyright and other intellectual property laws. None of the Content on or through the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of DSSI. The Content and Services are available strictly for the internal use and benefit of an authorized user. Users may not modify, copy, distribute, transmit, display, publish, sell, license, disclose, make available, provide, create derivative works or otherwise use any information available on the Site for any public purpose or the benefit of any third party.
(b) You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our Content for use on another web site or service.
(c) You agree not to use the Site or the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Site if, in our opinion, your use of the Site may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
Prohibited Acts
You agree not to knowingly:
(i) Use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site or Content, or that defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the DSSI Site or Content or for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
(ii) Retrieve, index, scrape, data mine or otherwise gather any Content, or other data or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies.
(iii) Post or send to the Site any Information that contains a virus, bug, or other harmful item.
(iv) Post or transmit into or on the Site any Information in violation of another party's copyright or intellectual property rights.
(v) Take any action which imposes an unreasonably large load on DSSI's infrastructure.
(vi) Not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any Content.
(vii) Engage in any activity that, in our sole judgment, restricts or inhibits any other person from any aspect of the Site or exposes or may expose any users of the Site to any harm or liability of any sort, whether by posting user data or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights, including posting any user data that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
Right to Regulate & Law Compliance
You acknowledge that DSSI has the right, but no obligation, to monitor the Site and to disclose any Information necessary to operate the Site, to protect DSSI, Others, and DSSI's customers, and to comply with legal obligations or governmental requests. DSSI reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason.
Our Privacy Promise and Privacy Statement
At DSSI, we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal and transaction information to us. DSSI strives to comply with applicable laws that are designed to protect your privacy.
• We do not sell or rent your personal information to anyone.
• We do not share your personal information with anyone outside of DSSI for promotional and/or marketing use.
• We do not make your transaction data available to anyone for any marketing purpose.
Data Handling
DSSI recognizes the sensitive nature of the transaction data you or your organization may provide while using DSSI as your procurement provider. Transaction data may include information you provide to DSSI via Epic during the registration, sourcing/negotiating, ordering process, or through any e-mail or other communication sent by you to DSSI. DSSI agrees to protect such information using the same degree of care with which DSSI protects its own information, but in no event less than reasonable care. You agree that your transaction data will not include information regulated under the International Traffic in Arms Regulations (U.S. government regulations addressing defense-related articles and services).
Data Use by DSSI
Data regarding your company is needed to enable us to deliver to, order from, invoice to, pay for and receive payment for goods or services ordered. This information consists of company name, your name, job title and role, company address including email addresses, company telephone number, contact names and supplier company bank details. This data will enable us to business with your company efficiently, promptly and professionally, therefore the processing of this data is necessary for this relevant purpose. Your company data is used by employees of DSSI on a need to know basis, and we will treat your data as Confidential Information and will use it only to: facilitate operation of the program and its related services; enhance your use of the program; perform internal tracking and improvement; analyze the extent to which you use the program (e.g., the volume and history); enable us to contact you; and process your transactions.
You can refuse or withdraw consent at any time. You can withdraw your consent at any time by emailing us at privacy@directsourcing.com.
Confidentiality
As used herein, "Confidential Information" means all confidential and proprietary information of a party (”Disclosing Party”) disclosed to the other party (”Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement, the Service, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of Services and this Agreement, except with the Disclosing Party’s prior written permission. Each party agrees to protect the confidentiality of the Confidential Information of the other party at least in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care). If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
Transaction Data and Third Parties
DSSI may send your transaction data to third parties. You agree we are not responsible for, and do not control, these third parties, and you release us from all liability related to them. The Site may include third-party technology, services, software, applications, and links to third-party websites (“Third Party Content”). DSSI is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Third Party Content, or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk. To the extent applicable, your use of such Third-Party Content is subject to this Agreement as well as the additional terms and conditions as DSSI may provide to you from time to time
Changes to this Agreement
From time-to-time DSSI may make changes to this Agreement. For example, some changes may be made in response to changes in applicable laws and regulations or as DSSI adds new features or new services. DSSI will strive to handle personal information consistently with this Agreement, but some changes or clarifications may be made from time to time. We will notify you by posting a revised Agreement on our Site.
By accessing or linking to the Site, you assume the risk that the information on the Site may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. DSSI may add, change, discontinue, remove or suspend any of the information, features and other content included in the Site at any time, without notice and without liability. Due to the changing nature of the Site, and the potential for errors in the storage and transmission of digital information, DSSI does not warrant the accuracy of information contained on or obtained from the Site.
If DSSI seeks to make a material change to this Agreement to allow use of personal information for a new, legitimate business purpose, DSSI will document the change to this Agreement, note the date of the last update at the bottom of the Agreement, and send a notice to the administrative contacts on file with DSSI for each customer. You are encouraged to check this Site occasionally to stay informed of any changes in our policies and procedures regarding personal information. For substantial and material changes to the Agreement, DSSI will use reasonable efforts to provide notification to all affected users and suggest that such users review the updated Agreement.
Acceptance of Our Privacy Practices
In case of sending offers and information (for example newsletters) this processing would be based on a prior consent according to Art. 6 Sec. 1 lit. a of the Regulation (You can withdraw your consent at any time by emailing us at privacy@directsourcing.com.
Additional Terms for Application Programming Interface
We may make available software to access the Site via an application programming interface (“DSSI API”). To use and access any DSSI API you must be an authorized user of the Site and Services, have obtained proper DSSI credentials evidencing such authorization and have an electronic device or use a user developed application (“Your Application”) that is compatible with the DSSI API. DSSI does not warrant that the Your Application will be compatible with the DSSI API or your electronic device.
DSSI hereby grants You a non-exclusive, non-transferable, non-sub licensable, worldwide, revocable license to use and make calls to the DSSI API for authorized users of the DSSI Services. You hereby grant DSSI a royalty free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially, exploit, incorporate into any of DSSI’s systems, software or Services, and/or the DSSI API and/or use in any manner any improvements, requests or recommendations You provide to DSSI. You may not: (i) modify, disassemble, decompile or reverse engineer the DSSI API, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the DSSI API to any third party; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the DSSI API, features that prevent or restrict use or copying of any content accessible through the DSSI API, or features that enforce limitations on use of the DSSI API; (v) delete the copyright and other proprietary rights notices on the DSSI API; or (vi) use the DSSI API in any way other than as expressly permitted or granted under this Agreement.
You acknowledge that we may from time to time issue modifications of the DSSI API, and may electronically upgrade the version of the DSSI API that you are using. You consent to such upgrading and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree to comply with such modification by implementing, the most current version of the DSSI API and making any changes to Your Application or other user software used in connection with the Site, Services Content or DSSI API. Any third-party code that may be incorporated in the DSSI API is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the DSSI API or any copy thereof, and DSSI or its third-party partners or suppliers retain all right, title, and interest in the DSSI API (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. DSSI reserves all rights not expressly granted under this Agreement.
Unless otherwise agreed, You agree and acknowledge that neither party shall be obligated to pay the other any fees, commissions or royalties whatsoever in connection with the DSSI API or Your Application and that You are solely responsible, for the content, development, operation, support or maintenance of Your Application. Without limiting the foregoing, You will be solely responsible for (a) the technical installation and operation of Your Application; (b) creating and displaying information and content on, through or within Your application; (c) ensuring that Your Application does not violate or infringe the intellectual property rights of any third party; (d) ensuring that Your Application is not offensive, profane, obscene, libelous or otherwise illegal; (e) ensuring that Your Application does not contain or introduce malicious software into the DSSI Site or any DSSI system or other data stored or transmitted while using the Site or Service; (f) ensuring that Your Application is not designed to or utilized for the purpose of spamming DSSI, LLC or its affiliates, or other users/subscribers; and (g) ensuring that Your Application does not violate any applicable law or third party right.
Furthermore, Your Application shall not (a) substantially replicate products or services offered by DSSI without written consent from DSSI; (b) under any circumstances, through the use of Your Application or otherwise, repackage or resell the Services, or any part thereof, the DSSI API or access to the Site; or (c) use or assist a third party in using the DSSI API or the Content in such a way to circumvent the requirement for an individual user login for each individual who (i) leverages the Site or Services to interact with other users or DSSI; or (ii) process data related to interactions originating from a non-DSSI Service or non-DSSI Site that provides functionality similar to the functionality provided by the DSSI Site or Content.
Representations and limitations of Liability
Cookies are identifiers that can be sent from a site via your browser to be placed on your computer's hard drive. DSSI uses cookies to deliver personalized content, to save you having to re-enter your password or complete registration forms repeatedly, to keep track of your shopping cart, track session information and to tailor our information offerings to how you use the site.
You may refuse the use of cookies by selecting the appropriate settings in your browser. Kindly note that the settings in your browser regarding cookies is limited to the particular browser installed on a particular device and that, as a consequence, if you visit DSSI websites with different browsers or different devices, you have to disable the cookies in the browsers of all relevant devices. Furthermore, please note that if you disable cookies you may not be able to use the DSSI's Epic application.
Confidentiality
THE INFORMATION, CONTENT, SOFTWARE, FUNCTIONALITY AND SERVICES AVAILABLE ON OR THROUGH THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF RIGHTS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DSSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL DSSI BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DSSI’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE DSSI SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL DSSI, OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.
DSSI does not guarantee the accuracy of the information contained herein. DSSI makes no representations about the reliability of the features or functions the Site, the Content, software or any other DSSI feature or function and disclaims all liability in the event of any service failure. Furthermore, DSSI hereby disclaims any liability arising from or relating to use of this web site or from using any functionality, content, services and software available on or through the Site, including, but not limited to, claims involving copyright, trademark, defamation, consumer fraud, discrimination, accuracy and completeness of any content. In no event shall DSSI be liable for any damages of any type, including direct, compensatory, special, indirect, or consequential damages or punitive damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this information
THIS AGREEMENT AND/OR THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE AGREEMENT. THE INFORMATION CONTAINED HEREIN IS SUBJECT TO CHANGE WITHOUT NOTICE; DSSI MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.
Definitions
The following terms, when used in this Agreement, shall have the following meanings:
• "Content". The term "Content" means all Information, data, software, functionality , or other material, in any form or media, contained in, obtained from, or relating to or through the Site, including all results obtained from the Site;
• "Content Providers". The term "Content Providers" means both DSSI and Others;
• "Information". The phrase "Information" includes all data, information, documents, files, personally-identifying information, and software disclosed or used by one party to the other in connection with the Site or your Site Use;
• "Notice". The phrase "Notice" refers to the sending of Information by you to DSSI via certified mail, return receipt requested, to DSSI at its mailing address noted in the Site;
• "Others". The terms "Others" means DSSI's direct or indirect licensors, DSSI's affiliates, or other contributors to the Site (other than DSSI);
• "Privacy Policy". The phrase "Privacy Policy" refers to DSSI's official published privacy policy, describing DSSI's intended uses of your personally identifiable Information;
• "Site". The term "Site" means any DSSI internet site, page (and all sub-pages), software on or available through the DSSI site, uniform resource locator ("URL"), domain location, and all Information and Content thereon;
• "Site Use". The term "Site Use" means your use of or access to the Site.
Miscellaneous
(i) Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
(ii) Equitable Relief. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to DSSI or Others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, DSSI and Others will be entitled to injunctive relief for any breach of this Agreement.
(iii) Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
(iv) Complete Integration. This Agreement constitutes the entire agreement between you and DSSI pertaining to the subject matter hereof. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be modified by DSSI, by posting a revised Agreement on the Site, to be applicable after such posting.
(v) Termination. This Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If this Agreement is terminated, you agree to cease all Site Use and, upon request by DSSI, to return all Information in your possession relating to the Site, and all copies thereof.
(vi) Survival of Certain Provisions. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement, will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
(vii) Waiver. No delay or omission to exercise any right or remedy accruing to DSSI upon any breach or default by you shall constitute a waiver by DSSI of any breach or default.
(viii) Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
(ix) No Agency. You and DSSI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
(x) Conflicts. If this Agreement conflicts with a provision of any other written contract between you and DSSI relating to the Site, the provision in such other written contract shall govern.