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 info@tendersoko.com (…..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

Info@tendersoko.com

(Physical address to be posted soon)


Terms & Conditions; Updated July, 2014