Service Terms of Use

Introduction.

a. Your use of TenderPoint™ services and website (referred to collectively as the "Services") is subject to these "Terms" (a legal agreement between you and TenderPoint (Pty) Ltd ).

b. Unless otherwise agreed in writing, your agreement with TenderPoint™ will always include, at a minimum these Terms, and may also include the Privacy Policy Terms the Service Disclaimer Terms and the Service Refunds Policy Terms.

Accepting the Terms.

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by using the Services. In this case, you understand and agree that TenderPoint™ will treat your use of the Services as acceptance of the Terms from that point onwards.

a. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TenderPoint™, or (b) you are a person barred from receiving the Services under the laws of the South Africa or other countries including the country in which you are resident or from which you use the Services.

Provision of the Services by TenderPoint™.

TenderPoint™ may set up subsidiaries and affiliated legal entities ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of TenderPoint™ itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

a. TenderPoint™ is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TenderPoint™ provides may change from time to time without prior notice to you.

b. As part of this continuing innovation, you acknowledge and agree that TenderPoint™ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at TenderPoint™’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TenderPoint™ when you stop using the Services.

c. You acknowledge and agree that if TenderPoint™ disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

d. You acknowledge and agree that while TenderPoint™ may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service; such fixed upper limits may be set by TenderPoint™ at any time.

Use of the Services by You.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TenderPoint™ will always be accurate, correct and up to date.

a. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from South Africa or other relevant countries).

b. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TenderPoint™, unless you have been specifically allowed to do so in a separate agreement with TenderPoint™.

c. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

d. Unless you have been specifically permitted to do so in a separate agreement with TenderPoint™, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

e. You agree that you are solely responsible for (and that TenderPoint™ has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TenderPoint™ may suffer) of any such breach.

Your Registration ID and Account Security.

You agree and understand that you are responsible for maintaining the confidentiality of information associated with any account you use to access the Services.

a. Accordingly, you agree that you will be solely responsible to TenderPoint™ for all activities that occur under your account.

b. If you become aware of any unauthorised use of your account, you agree to notify TenderPoint™ immediately at support@tenderpoint.co.za.

Privacy and your Personal Information.

For information about TenderPoint™’s data protection practices, please read TenderPoint™’s Privacy Policy.

This policy explains how TenderPoint™ treats your personal information, and protects your privacy, when you use the Services.
a. You agree to the use of your data in accordance with TenderPoint™’s privacy terms.

Ending your relationship with TenderPoint™.

The Terms will continue to apply until terminated by either you or TenderPoint™ as set out below.

a. If you want to terminate your legal agreement with TenderPoint™, you may do so by unsubcribing to the Service.

b. TenderPoint™ may at any time, terminate its legal agreement with you if: (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) TenderPoint™ is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) the partner with whom TenderPoint™ offered the Services to you has terminated its relationship with TenderPoint™ or ceased to offer the Services to you; or (d) TenderPoint™ is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by TenderPoint™ is, in TenderPoint™ 's opinion, no longer commercially viable.

c. Nothing in this Section shall affect TenderPoint™’s rights regarding provision of Services.

d. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TenderPoint™ have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

e. All Provisions for Refunds will be dealt with by adhering to the Service Refunds Policy Terms.

Exclusion of Warranties.

The Services are provided "as is" and TenderPoint™, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.

a. In particular, TenderPoint™, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that: (a) your use of the Services will meet your requirements, (b) your use of the Services will be uninterrupted, timely, secure or free from error, (c) any information obtained by you as a result of your use of the Services will be accurate or reliable, and (d) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

b. Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

c. Note, furher exclusions of warranties are discussed further in our Service Disclaimer Terms.

Limitation of Liability.

Nothing in these Terms shall exclude or limit TenderPoint™’s liability for losses which may not be lawfully excluded or limited by applicable law.

a. TenderPoint™, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for: (A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; (b) any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which TenderPoint™ may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; (iv) your failure to provide TenderPoint™ with accurate account information; (v) your failure to keep your password or account details secure and confidential.

b. The limitations on TenderPoint™ 's liability to you shall apply whether or not TenderPoint™ has been advised of or should have been aware of the possibility of any such losses arising.

Advertisements.

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

a. The manner, mode and extent of advertising by TenderPoint™ on the Services are subject to change without specific notice to you.

b. In consideration for TenderPoint™ granting you access to and use of the Services, you agree that TenderPoint™ may place such advertising on the Services.

Other content.

The Services may include hyperlinks to other web sites or content or resources. TenderPoint™ may have no control over any web sites or resources which are provided by companies or persons other than TenderPoint™.

a. You acknowledge and agree that TenderPoint™ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

b. You acknowledge and agree that TenderPoint™ is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Changes to the Terms.

TenderPoint™ may make changes to the Terms from time to time. When these changes are made, TenderPoint™ will make a new copy of the Terms available.

You understand and agree that if you use the Services after the date on which the Terms have changed, TenderPoint™ will treat your use as acceptance of the updated Terms or Additional Terms.