Terms and Conditions
The Terms and Conditions constitutes
User Agreement, Rules and Policies, Privacy Policy. You MUST read all the
policies before registration, and agree to all the Terms and Conditions, if you
do not agree with our Terms and Conditions, please do not use our site ‘tendersoko.com’
User Agreement for tendersoko.com
PLEASE READ
THIS DOCUMENT CAREFULLY! THE FOLLOWING DESCRIBES THE TERMS ON WHICH ‘TENDERSOKO.COM’
OFFERS YOU ACCESS TO OUR SERVICES. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY
APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
1. ACCEPTANCE OF TERMS
Welcome to
tendersoko.com. Tendersoko.com provides its service to you (a “User”),
subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time
at: Terms and Conditions. In addition, when using tendersoko.com, you and
tendersoko.com shall be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All such guidelines or
rules (including but not limited to our Privacy Policy, Rules and Policies) are
hereby incorporated by reference into the TOS. For purposes of this Agreement,
a “User” is
any person who accesses the Site for whatever purpose, regardless of whether
such User has registered with tendersoko.com as a registered user or whether
such User is a paying customer for a specific service provided by
tendersoko.com. A User includes the person using this Site and any legal entity
which may be represented by such person under actual or apparent authority.
By accessing or using the Site, you hereby agree to accept the terms and
conditions set forth in this Agreement as a User. You shall be bound by the
terms and conditions of this Agreement with respect to your access or use of
this Site and any further upgrade, modification, addition or change to this
Site. If you do not accept all of the terms
and conditions of this Agreement, and other policies such as Privacy Policy,
Rules And Policies, please do not use this Site.
This Agreement applies to each Paid Service (as defined below) in addition to
any terms and conditions that may be applicable to such specific Paid Service.
Tendersoko.com may amend this Agreement at any time by posting the amended and
restated Agreement on the Site with or without any prior notifications to
“User”. The amended and restated Agreement shall be effective immediately upon
posting. Posting by tendersoko.com of the amended and restated Agreement and
your continued use of the Site shall be deemed to be acceptance of the amended
terms. This Agreement may not otherwise be modified, except in writing by an
authorized officer of tendersoko.com.
2. MEMBERSHIP ELIGIBILITY
Our services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to children
(persons under the age of 18) or to temporarily or
indefinitely suspended tendersoko.com members. If you are a under the age of
18, you can use this service only in conjunction with, and under the
supervision of your parents or guardians. If you do not qualify, please do not
use our Site. Further, your tendersoko.com account (including feedback) and
User ID may not be transferred or sold to another party. If you are registering
as a business entity, you represent that you have the authority to bind the
entity to this Agreement.
3. TENDERSOKO.COM IS CONTINUALLY
GROWING
We at tendersoko.com may modify, shutdown the whole site at our
discretion for whatever reasons without any notice to any users, and/ or any
liability on our side.
4. APPLICABLE FEES AND CHARGES FOR SERVICES
Joining and
posting/bidding on items at tendersoko.com is free for all, the initial (free)
account. We do charge fees for listing/bidding items for contract through our
Site beyond your free account, meaning all paid accounts and when you list/bid
an item you have an opportunity to review and accept the fees that you will be
charged. Our fees and plans can be viewed at Membership Plans and is
incorporated into this Agreement by reference. We may change our Fees and
Credits Policy and the fees for our services from time to time. Our changes to
the policy are effective IMMEDIATELY which may or may not be without any prior
notice to any users/members of the site. However, as a courtesy, we may post a
notice on our site of any membership plans changes. We may choose to
temporarily change our Fees and Credits Policy and the fees for our services
for promotional events (for example, free listing days) and such changes are
effective IMMEDIATELY. We may in our sole discretion change some or all of our
services at any time. In the event we introduce a new service, the fees for
that service are effective at the launch of the service. Unless otherwise
stated, all fees are quoted in Kenya Shillings. For users outside
Kenya, the exchange rate will be determined by the payment mode you will use on
the site (example VISA or MASTERCARD). You are solely
responsible for paying all fees associated with using our service and the Site
and all applicable taxes. Tendersoko.com reserves the right to deny Paid
Services (paid accounts) to any User for whatever reason in order to protect tendersoko.com’s interests.
WE DO NOT DO
AUTOMATIC RENEW OF YOUR MEMBERSHIP. AFTER YOUR MEMBERSHIP EXPIRES, IF YOU
CHOOSE TO RENEW, YOU MUST PURCHASE FROM MY ACCOUNT PAGE OR IF YOU CHOOSE TO
UPGRADE YOUR MEMBERSHIP, YOU CAN DO SO FROM MY ACCOUNT PAGE.
IF YOU CHOOSE
TO CANCEL YOUR SUBSCRIPTION OF YOUR ACCOUNT, OR DOWNGRADE YOUR ACCOUNT, NO
REFUND WILL BE MADE TO YOU.
You will
receive your invoice for payment in your email (&/or an SMS notification),
and you can also view in your MY ACCOUNT page.
5. MEMBERSHIP CHARGES
ALL MEMBERSHIP CHARGES WILL GO THROUGH OUR MERCHANT ACCOUNT,
http://www.pesapal.com, AND PAYABLE TO OUR PARENT COMPANY, Tendersoko
Ltd.
6. REFERRAL PROGRAM
As of today, we have not implemented any referral program, but do plan to
incorporate in near future.
7. USERS AGREE
Users may use
this Site solely for their own personal or internal purposes. Each User agrees
that s/he shall not copy, reproduce or download any information, text, images,
video clips, directories, files, databases or listings available on or through
the Site (the “tendersoko.com Content”)
for the purpose of re-selling or re-distributing the tendersoko.com content,
mass mailing (via emails, wireless text messages, physical mail or otherwise),
operating a business that competes with tendersoko.com, or otherwise
commercially exploiting the tendersoko.com Content.
Some of the tendersoko.com Content displayed on this Site is provided or posted
by third parties (“Third
Party Content”). Neither tendersoko.com nor any of our
affiliates, directors, officers or employees has entered into any sales agency
relationship with such third party by virtue of tendersoko.com’s
display of the Third Party Content on the Site. Any Third Party Content is the
sole responsibility of the party who provided the content. tendersoko.com
is not responsible for the accuracy, propriety, lawfulness or truthfulness of
any Third Party Content, and shall not be liable to any User in connection with
such User’s reliance of such Third Party Content. In addition, tendersoko.com
is not responsible for the conduct of any User’s activities on the Site, and
shall not be liable to any person in connection with any damage suffered by any
person as a result of such User’s conduct.
tendersoko.com may allow Users access to content,
products or services (For example, Tenders posted by members OR Link provided
by members to their external site) offered by third parties through hyperlinks
(in the form of word link, banners, channels or otherwise) to such third
party’s web site. User acknowledges that tendersoko.com has no control over
such third party web site and tendersoko.com shall not be responsible or liable
to anyone for such web site, or any content, products or services made
available on such web site.
Messages or information sent by a User through communication systems provided
by the Site, or through emails, fax or letters to addressees obtained from the
Site, shall not contain any of the materials described in the provisions of
sections of 6.
INFORMATION POSTED BY USERS ON TENDERSOKO.COM
Tendersoko.com reserves the right to limit, deny or create different access to
the Site and its features with respect to different Users, or to change any of
the features or introduce new features without prior notice. Each User
acknowledges that inability to use the Site wholly or partially for whatever
reason may have adverse effects on its business. Each User hereby agrees that
in no event shall tendersoko.com be liable to the User or any third parties for
any inability to use the Site (whether due to disruption, limited access,
changes to or termination of any features on the Site or otherwise), any
delays, errors or omissions with respect to any communications or transmission,
or any damage (direct, indirect, consequential or otherwise) arising from the
use of or inability to use the Site or any of its features.
No User shall undertake any scheme to undermine the integrity of the computer
systems or networks used by tendersoko.com and/or any other User and no User
shall attempt to gain unauthorized access to such computer systems or networks.
We urge that you read Privacy Policy which governs the protection and use of
each User’s information in tendersoko.com’s
possession. Each User hereby accepts the Privacy Policy and any updates and
amendments thereto. Each User acknowledges that tendersoko.com may change the
Privacy Policy from time to time provided that tendersoko.com shall make
available the updated version of the Privacy Policy on the Site at all times.
Your continuation of use of the Site shall be deemed to be your acceptance of
the Privacy Policy which is then displayed on the Site at the time of such use.
8. REGISTERED USERS AGREE
Each User who
has filled out an on-line registration form on the Site by giving its
information (such as name, address, telephone, email address, details of its
business, etc.) is a registered user of tendersoko.com (a “Registered
User”). Tendersoko.com will establish an account (“Account”) for each
Registered User and each Registered User is assigned a user alias (“User ID”) and
password (“Password”)
for log-in access to its own Account.
Registered Users shall not access or enjoy the benefits of any Paid Services
without payment for such services; provided, however, that tendersoko.com may
permit such free access or enjoyment of Paid Services by a Registered User on a
case-by-case basis; provided, further, that tendersoko.com reserves the right
at any time to deny access to any Paid Service (including but not limited to
termination of the Account of such Registered User) if the Registered User has
not paid tendersoko.com the relevant charges and fees under the terms of such
Paid Service.
Tendersoko.com may suspend or terminate a Registered User’s Account at any time
by giving no less than 24-hour notice to the Registered User; provided,
however, that notice is not required for such termination if, in tendersoko.com’s determination, there is any breach of the
provisions of this Agreement, Rules and Regulations, and Privacy policies.
Policy Statements by the Registered User
Also tendersoko.com may refuse registration and deny the issuance of an Account
and associated User ID and Password to any User for whatever reason.
9. INFORMATION POSTED BY
USERS ON TENDERSOKO.COM
You must be a Registered User in order to post information on the
Site using the register form provided through the Site. Your status as a
Registered User is governed by the provisions of 5. REGISTERED USERS AGREE
above. No sales agency relationship is created between any User and
tendersoko.com, our affiliates, directors, officers or employees by virtue of tendersoko.com’s display of any of the User’s information
on the Site. Each User hereby represents, warrants and agrees to
(a) Provide tendersoko.com with true, accurate, current and
complete information to be displayed on the Site and;
(b) Maintain and promptly amend all information to keep it true,
accurate, current and complete.
Each User hereby grants an irrevocable, perpetual, worldwide and
royalty-free license to tendersoko.com to display and use all information
provided by such User in accordance with the purposes set forth in this
Agreement. Each User further agrees that by posting any material or information
anywhere on the Site it surrenders its copyright and any other proprietary
right in the posted material or information. Each User hereby represents,
warrants and agrees that it has obtained all necessary third party copyright or
trademark licenses and permissions and shall be solely responsible for ensuring
that any material or information it posts on the Site or provides to
tendersoko.com or authorizes tendersoko.com to display does not violate the
copyright, trademark, trade secret or any other personal or proprietary rights
of any third party or is posted with the permission of the owner(s) of such
rights.
Each User hereby represents warrants and agrees that information submitted to tendersoko.com
for display on the Site shall not:
1) Contain fraudulent information or make fraudulent offers of
items or make fraudulent Tenders offering for contract or fraudulent bidding on
Tenders or involve the sale or attempted sale of counterfeit or stolen items or
items whose sales and/or marketing is prohibited by applicable law, or
otherwise promote other illegal activities;
2) Be part of a scheme to defraud other Users of the Site or for
any other unlawful purpose;
3) Relate to sale of products or services that infringe or
otherwise abet or encourage the infringement or violation of any third party
copyright, patent, trademarks, trade secret or other proprietary right or
rights;
4) Violate any applicable law, statute, ordinance or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising);
5) Be defamatory, libelous, unlawfully threatening or unlawfully
harassing;
6) Be obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes sexually explicit
materials or is otherwise harmful to minors;
7) Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
8) Contain any material that constitutes unauthorized advertising
or harassment (including but not limited to spamming), invades anyone privacy
or encourages conduct that would constitute a criminal offence, give rise to
civil liability, or otherwise violate any law or regulation;
9) Solicit business from any Users in connection with a commercial
activity that competes with tendersoko.com; or contain any computer viruses or
other destructive devices and codes that have the effect of damaging,
interfering with, intercepting or expropriating any software or hardware
system, data or personal information.
Tendersoko.com reserves the right in it sole discretion to remove
any material displayed on the Site which it reasonably believes is unlawful,
could subject tendersoko.com to liability, violates this Agreement or is
otherwise found inappropriate in tendersoko.com’s
opinion. Tendersoko.com reserves the right to cooperate fully with governmental
authorities, private investigators and/or injured third parties in the investigation
of any suspected criminal or civil wrongdoing. Tendersoko.com will terminate
the Accounts of Users who are repeat infringers of the copyrights, or other
intellectual property rights, of others. In addition, tendersoko.com reserves
the right to terminate the Account of a User upon any single infringement of
the rights of others in conjunction with use of the tendersoko.com service, or
if tendersoko.com believes that User conduct is harmful to the interests of
tendersoko.com, its affiliates, or other Users, or for any other reason in
tendersoko.com sole discretion, with or without cause.
10. TENDERSOKO.COM IS A
MARKETPLACE SOLUTION FOR TENDER BIDDERS
Tendersoko.com is not an auctioneer. Although we are commonly
referred to as an online auction or reverse auction web site, it is important
to realize that we are not a traditional "auctioneer." Instead, the
Site acts as a marketplace solutions to allow anyone to offer, sell, and buy
just about anything, at anytime, from anywhere, in a variety of pricing
formats, including a fixed price format and an auction-style format commonly
referred to as "online auctions" or "auctions." An example
could include a user posting a Tender to have his website made, and a bidder
bids on that Tender which compete with another bid for lower price and time
frame that user can do. In another example, a user can post to have some
outside work done, let’s say some typing work, and post a Tender describing it,
and then bidders bid on that Tender. All outside communication between
Company/Bidders (service providers) outside our website communication after the
Tender has been closed, and all the transaction fees have been paid. We are not
involved in the actual transaction between Companies and Bidders. As a result,
we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the
ability of Bidders to sell items or the ability of Companies to pay for items.
We cannot ensure that a Company or Bidder will actually complete a transaction.
Consequently, we do not transfer legal ownership of items from the Bidder to
the Company, and Company to the Bidder, and nothing in this agreement shall
modify the governing provisions of such under which legal ownership of an item
is transferred upon physical delivery of the item to the Company by the Bidder.
Identity Verification: We use many
techniques to verify the accuracy of the information our users provide us when
they register on the Site. However, because user verification on the Internet
is difficult, tendersoko.com cannot and does not confirm each user purported
identity. Thus, we have established a user-initiated feedback system to help
you evaluate with whom you are dealing. We also encourage you to communicate
directly with potential trading partners through the tools available on the
Site. You may also wish to consider using a third party escrow service or
services that provide additional user verification.
Release of Information: Because we
are a marketplace solution for tender bidders, in the event that you have a
dispute with one or more users, you release tendersoko.com (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
Information Control: We do not
control the information provided by other users that is made available through
our system. You may find other user information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice safe
trading when using the Site. Please note that there are also risks of dealing
with underage persons or people acting under false pretense. Additionally,
there may also be risks dealing with international trade and foreign nationals.
By using this Site, you agree to accept such risks and tendersoko.com is not responsible
for the acts or omissions of users on the Site.
11. TRANSACTIONS BETWEEN
COMPANIES AND PROVIDERS
Through the Site, tendersoko.com provides an electronic web-based platform for
exchanging information between Companies and providers of products and services
(For example a Tender posted by a users, and bid by a
service providers). tendersoko.com does not represent
the Bidder nor the Company in specific transactions and does not charge any
commissions from completing any transactions. As a result, tendersoko.com does
not control and is not liable to or responsible for the quality, safety,
lawfulness or availability of the products or services offered for sale on the
Site or the ability of the suppliers to complete a sale or the ability of
Companies to complete a purchase.
Each User acknowledges that it is fully assuming the risks of purchase and sale
transactions when using the Site to conduct transactions, such risks shall
include, but not limited to, mis-representation of
products and services, fraudulent schemes, unsatisfactory quality, failure to
meet specifications, defective products, delay or default in delivery or
payment, cost mis-calculations, breach of warranty,
breach of contract and transportation accidents (“Transaction Risks”).
Each User agrees that tendersoko.com shall not be liable or responsible for any
damages that may arise a result of or in connection
with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
As a Company/Bidder, you are obligated to complete the transaction with the
Company/Bidder: if you purchase/bid an item through our site; or if you are the
highest bidder at the end of an auction (meeting the applicable minimum bid or
reserve requirements) and your bid is accepted by the Company. By
posting/bidding on an item you agree to be bound by the conditions of sale
included in the item description so long as those conditions of sale are not in
violation of this Agreement or unlawful. Unless you and the Bidder/Bidder agree
otherwise, you will become the item lawful owner upon Tender closed from the
Bidder. Bids are not retractable except in exceptional circumstances, such as:
when the Company materially changes the item description after you bid; a clear
typographical error is made; you cannot authenticate the Companies identity.
IN NO EVENT, IS TENDERSOKO.COM RESPONSIBLE FOR WHAT HAPPENS AFTER THE
Tender/SERVICE CLOSED, Companies/Bidders ARE SUPPOSED TO CONTACT DIRECTLY TO
DISCUSS THE Tenders/SERVICES. EXAMPLE INCLUDE WHY DID THE Company NOT CONTACT
ME? WHY DID THE Bidder NOT CONTACT ME? I PAID TO THE Bidder AFTER THE DEAL, BUT
HE DID NOT COMPLETE THE Tender OR HE JUST DISAPPEARED. TENDERSOKO.COM MAY OR
MAY NOT COOPERATE TO EASE BOTH SIDES IF TENDERSOKO.COM FINDS OUT WHY WAS THE
Tender/SERVICE NOT COMPLETED. A DISCIPLINARY ACTION MAY BE TAKEN UPON SOLID
PROOFS THAT THE INVOLVED PARTIES BREACH THE AGREEMENT OF THE COMPLETION OF THE
Tender, AND HIS/HER ACCOUNT MAY BE TERMINATED DUE TO NOT FOLLOWING THE
GUIDELINES AND NOT ABIDING BY THE TERMS AND CONDITIONS, RULES AND POLICIES,
PRIVACY POLICY.
In the event that any User has a dispute with any party to a transaction, such
User agrees to release and indemnify tendersoko.com (and our agents,
affiliates, directors, officers and employees) from all claims, demands,
actions, proceedings, costs, expenses and damages (including without limitation
any actual, special, incidental or consequential damages) arising out of or in
connection with such transaction. The most action we will be able to take on any
fraudulent Tenders/bidding is that we will count the negative feedbacks or
complaints towards that user, and with warning of any future misdoings to that
user, we will delete that users accounts.
You agree not to hold tendersoko.com liable for any loss or damage of any sort
incurred during or after the transaction of the Tender/services
completion/bidding with Companies and Bidders or any users of the site.
12. ITEMS FOR LISTING AND
SELLING
Listing
Description. You must be legally able to
sell the item(s) you list for sale on the Site. You must describe your item and
all terms of sale on the listing page of the Site. Your listings may only
include text descriptions, graphics, pictures and other content relevant to the
sale of that item. All listed items must be listed in an appropriate category.
Binding Bids. Except for items listed in a category under the Non-binding Bid
Policy, if you receive at least one bid at or above your stated minimum price
(or in the case of reserve auctions, at or above the reserve price), you are
obligated as the service Bidder to complete the transaction with the highest
bidder upon the Tender completion, unless there is an exceptional circumstance,
such as:
(a) the Company fails to meet the terms
of your listing (such as payment method), or
(b) you cannot authenticate the Company
identity.
Fraud. Without limiting any other remedies, tendersoko.com may suspend
or terminate your account if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have engaged in fraudulent
activity in connection with the Site.
Manipulation. Neither you, bidders nor Companies may
manipulate the price of any item nor may you interfere with other user listings
or transactions.
13. YOUR INFORMATION
Definition. "Your Information" is defined as any information you
provide to us or other users in the registration, bidding or listing process,
in any public message area (including the Public Messages or the feedback area
Or Members Rating) or through any email feature. You are solely responsible for
Your Information, and we act as a passive conduit for your online distribution
and publication of Your Information.
Restricted
Activities. Your
Information (or any items listed) and your activities on the Site shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of
counterfeit or stolen items;
(c) infringe any third party copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including,
but not limited to, those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising);
(e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child
pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other
computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
(h) create liability for us or cause us
to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link
directly or indirectly to or include descriptions of goods or services that:
(aa) are
prohibited under this Agreement;
(bb) are identical to other items you have up for listing but are
priced lower than your item reserve or minimum bid amount;
(cc) are concurrently listed for sale on a web site other than tendersoko.com(this does not prevent linking to or
advertising an tendersoko.com item from another web site); or
(dd) you do not
have a right to link to or include.
Furthermore, you may not list any item on the Site (or consummate
any transaction that was initiated using our service) that, by paying to us the
listing fee or the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates our current Terms and
Conditions, Privacy Policy, Rules and Policies.
License. Solely to enable tendersoko.com to use the information you supply
us with, so that we are not violating any rights you might have in that
information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in Your Information, in any media now known or
not currently known, with respect to Your Information. Tendersoko.com will only
use Your Information in accordance with our Privacy Policy.
14. ACCESS AND OTHER
INTERFERENCE ON THE SITE
The Site contains robot exclusion headers. Much of the information
on the Site is updated on a real time basis and is proprietary or is licensed
to tendersoko.com by our users or third parties. You agree that you will not
use any robot, spider, scraper or other automated means to access the Site for
any purpose without our express written permission. Additionally, you agree
that you will not:
(i) take any
action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for Your Information) from
the Site without the prior expressed written permission of tendersoko.com and
the appropriate third party, as applicable;
(iii) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers
or other measures we may use to prevent or restrict access to the Site.
15. FEEDBACK/MEMBER RATING
Integrity. You may not take any actions that may undermine the integrity of
the feedback system. We may limit the number of bids and listings you may place
on the Site based upon the level of your feedback. If you earn a net
feedback/rating of 5 or more negative feedbacks, your membership may be
suspended, and you may be unable to list or bid.
Export. You
acknowledge that your feedback consists of comments left by other users and a
composite feedback number compiled by tendersoko.com, and that the composite
number without the comments does not convey your full user profile. Because
feedback ratings are not designed for any purpose other than for facilitating
trading between tendersoko.com users, you agree that you shall not market or
export your tendersoko.com feedback rating in any venue other than an tendersoko.com operated website.
Import. We
do not provide you the technical ability to import feedback from other
(non-tendersoko.com operated) websites to tendersoko.com because a composite
number, without the corresponding feedback does not reflect your true online
reputation within our community.
Breach.
Without limiting other remedies, we may limit your activity, immediately remove
your bids or item listings, warn our community of your actions, issue a
warning, temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you if: (a) you breach this Agreement or
the documents it incorporates by reference;
(b) we are unable to verify or
authenticate any information you provide to us; or
(c) we believe that your actions may
cause financial loss or legal liability for you, our users or us.
16. PRIVACY POLICY
We do not sell or rent your personal information to third parties
for their marketing purposes without your explicit consent and we only use your
information as described in the Privacy Policy. We view protection of users privacy as a very important community principle. We
understand clearly that you and your information is one of our most important
assets. We store and process your information on computers located in the Kenya
that are protected by physical as well as technological security devices. We
use third parties to verify and certify our privacy principles. Our current
Privacy Policy is available at Privacy Policy. If you object to your
Information being transferred or used in this way please do not use our
services.
17. NO WARRANTIES
WE, OUR SUBSIDIARIES, PARENT COMPANY, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some countries do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state.
18. LIMITATION OF LIABILITY
THE FEATURES
AND SERVICES ON THE TENDERSOKO.COM SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, AND TENDERSOKO.COM HEREBY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED.
TENDERSOKO.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
Any material downloaded or otherwise obtained through the Site is done at each
User sole discretion and risk and each User is solely responsible for any
damage to its computer system or loss of data that may result from the download
of any such material. No advice or information, whether oral or written,
obtained by any User from tendersoko.com or through or from the Site shall
create any warranty not expressly stated herein.
Under no circumstances shall tendersoko.com be held liable for any delay or
failure or disruption of the content or services delivered through the Site
resulting directly or indirectly from acts of nature, forces or causes beyond
its reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, flood, storms, explosions, Acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
Each User hereby agrees to indemnify and save tendersoko.com, its affiliates,
directors, officers and employees harmless, from any and all losses, claims,
liabilities (including legal costs on a full indemnity basis) which may arise
from such User use of the Site (including but not limited to the display of
such User information on the Site) or from its breach of any of the terms and
conditions of this Agreement. Each User further agrees that tendersoko.com is
not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material
and that the risk of damages from such material rests entirely with each User.
Tendersoko.com shall not be liable for any special, direct, indirect, punitive,
incidental or consequential damages or any damages whatsoever (including but
not limited to damages for loss of profits or savings, business interruption,
loss of information), whether in contract, negligence, tort or otherwise or any
other damages resulting from any of the following:
1) the use or the inability to use the
Site;
2) any defect in goods, samples, data,
information or services purchased or obtained from a User or a third-party
service Bidder through the Site;
3) unauthorized access by third parties
to data or private information of any User;
4) statements or conduct of any User of
the Site; or
5) any matters relating to Paid Services
however arising, including negligence.
19. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of our service
and your bidding on, listing, purchase, solicitation of offers to purchase, and
sale of items.
20. NO THIRD PARTY AGENCY
You and tendersoko.com are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
21. INTELLECTUAL PROPERTY
RIGHTS
Tendersoko.com is the sole owner or lawful licensee of all the
rights to the Site and the tendersoko.com Content. The Site and tendersoko.com
Content embody trade secrets and intellectual property rights protected under
worldwide copyright and other laws. All title, ownership and intellectual
property rights in the Site and tendersoko.com Content shall remain with
tendersoko.com, its affiliates or licensors of the tendersoko.com Content, as
the case may be. All rights not otherwise claimed under this Agreement or by
tendersoko.com are hereby reserved.
“Tendersoko.com” and related icons and logos are trademarks or service marks of
Tendersoko Ltd and are protected under applicable
proprietary rights laws. The unauthorized copying, modification, use or
publication of these marks is strictly prohibited.
22. NOTICES
All notices or demands to or upon tendersoko.com shall be
effective if in writing and shall be duly made when sent to tendersoko.com
email to [email protected] (…..Physical Address to be posted soon)
All notices or demands to or upon a User shall be effective if either delivered
personally, sent by courier, certified mail, by facsimile or email to the
last-known correspondence, fax or email address provided by the User to
tendersoko.com. Notice to a User shall be deemed to be received by such User if
and when
(a) Tendersoko.com is able to demonstrate that communication,
whether in physical or electronic form, has been sent to such User, or
(b) Immediately upon tendersoko.com’s
posting such notice on an area of the Site that is publicly accessible without
charge.
23. RESOLUTION OF DISPUTES
In the event a dispute arises between you and tendersoko.com, our
goal is to provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and tendersoko.com agree that any claim or
controversy at law or equity that arises out of this Agreement or our services
("Claims") shall be resolved in accordance with mutually agreed upon
in writing by the parties. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution and we will
consider reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an alternative to litigation. The
tendersoko.com is a startup company owned and operated by Tendersoko
Ltd, under no circumstances, the tendersoko.com and its parent company Tendersoko Ltd liable for any financial damages greater
than the actual fee based subscriptions of the users account. Users can
post/bid on services offered at our site for FREE. For fee based accounts, we
are committed to keep the fee low for membership accounts so that users can
enjoy our best services offered at a reasonable and competitive rates compared
to the rates offered by other sites in the same industry.
24. GENERAL
Subject to any additional agreements relating to Paid Services,
this Agreement and the Privacy Policy, Rules and Policies constitute the entire
agreement between the User and tendersoko.com with respect to access to and use
of the Site, superseding any prior written or oral agreements in relation to
the same subject matter herein.
If any provision herein is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section.
Tendersoko.com failure to enforce any right or failure to act with respect to
any breach by a User under these terms and conditions will not waive that right
nor waives tendersoko.com right to act with respect with subsequent or similar
breaches.
Tendersoko.com shall have the right to assign its obligations and duties in
this Agreement and in any agreement relating to Paid Services to any person or
entity.
This Agreement shall be governed by the laws of Kenya without regard to its
conflict of law provisions. The parties to this Agreement hereby submit to the
exclusive jurisdiction of the laws of Kenya.
25. CONTACT ADDRESS
We welcome your comments, suggestions regarding this policy or any
other matter related to our site tendersoko.com. You can contact us by email or
write to us at
(Physical address to be posted soon)
Terms & Conditions; Updated July, 2014