Terms of Service

Last updated 1 November 2019

These Terms of Service together with the Privacy Policy set out the terms and conditions (the "Terms") on which we offer you access to and use of the TenderAlerts website, services, applications and tools (collectively the "Service" or the "Website").

By accessing the Service you agree to the Terms, and you are concluding a legally binding agreement. If you do not agree to the Terms (as may be amended from time to time) you are not permitted to use the Service.

If there is conflict between the provisions contained in the Terms of Service and the Privacy Policy, the Terms of Service will take precedence.

We may update the Terms at any time by posting it on the Website, with changes taking effect when you next use the Service, or 30 days after we post the updated Terms on the Website, whichever is earlier.

You affirm that you are either 18 years of age or older, or, if representing a legal entity, that you possess the necessary authority to agree to these Terms.

1. CONSUMER PROTECTION ACT AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

To the extent that the Consumer Protection Act, 68 of 2008 ("CPA") applies, we have a duty to point out certain important provisions in these Terms to you. The sections which contain these important provisions and reasons why they are important are set out below. It is also very important that you read all these sections carefully and not just what we say below.

Limitations of risk, legal responsibilities and liability: Sections 3 - 8 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these sections, your rights and remedies against us and these other persons and entities are limited and excluded. These sections also limit and exclude your right to recover or make claims for losses, damages, liability or harm that you or others may suffer.

Assumptions of risk, legal responsibilities and liability by you: Sections 3 - 8 are important because you take on risk, legal responsibilities and liability. As a result of these sections, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you and others for what is stated in these sections. We will also be able to terminate our Service to you as a result of these sections.

To the extent that these Terms and/or the Service are regulated by the CPA or the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"), it is not intended that any provision of these Terms contravenes any provision of the CPA or ECTA. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and ECTA are complied with.

Nothing in these Terms:

  • limits or exempts us or any other person from any responsibility or liability to the extent that the law does not allow it, or
  • requires you to assume risk or responsibility or liability to the extent that the law does not allow it.

2. PARTIES

"You" and "your" refer to you as a user of the Service. A "user" is anyone who accesses, browses, or in any way uses the Service.

"We", "us", "our" and " TenderAlerts" refer to TenderAlerts.co.za, owned and operated by Yes Media CC (CK2008/253039/23), Suite 20-301B Waverley Office Park, Mowbray, Cape Town, 7700.

3. USE OF THE SERVICE

We grant you permission to use the Service, subject to the Terms. We may at any time, and for any reason, revoke your permission and restrict your access to use the Service. If permission has been revoked, you may not access or use the Service. If your access is revoked by us for any reason other than your breach of the Terms, you will be refunded a pro rata amount of any service fees paid (calculated from the date access is revoked).

The Service is largely based on information that is gathered from external sources. The continued availability of such sources is not guaranteed. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

If the Service is interrupted for a period exceeding 7 days but less than 60 days, the period of the interruption wil be added to the end your subscription period. No other refund or remedy will be applicable. If the Service is discontinued or interrupted for a period exceeding 60 days, you will be entitled to pro rata amount of any service fees paid (calculated from the date the Service was interrupted).

The Service is largely based on information that is gathered from external sources and may also links to various external websites. You use the Service entirely at your own risk, including the risk that the information is inaccurate.

User Accounts: You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your user account, without notice, at any time for any or no reason.

Accurate user information: We require that you provide complete and accurate information about yourself in creating your user account. You may not impersonate someone else, create an account for anyone else, use an email address that is not yours, or create multiple accounts.

Communications: By creating an account, you agree to receive certain communications in connection with the Service. You can opt-out of certain non-essential communications via the Website, but certain communications (the daily email and confirmations and reminders triggered by your use of the Service) are compulsory. The only way to stop receiving these communications is to stop using the Service.

4. CONTENT

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication that forms part of the Service. The Content includes details of various tender opportunities published by and on behalf of various organisations.

We are not responsible for any Content made available through the Service. You must evaluate for yourself, and bear all risks associated with the use of, or reliance on, any Content made available via the Service. Under no circumstances will we be liable in any way for the Content, or for any loss or damage, of any kind, incurred as a result of the browsing, using of, or reliance on any Content made available via the Service. We expressly disclaim any and all liability in connection with any Content.

The Service may contain links to third party websites which are completely unrelated to us. If you link to third party websites, you may be subject to those websites' terms and conditions and other policies. We make no representation or guarantee as to the accuracy or authenticity of the information contained in any such third-party websites, and your linking to any other websites is completely at your own risk and we are not liable in any way for such other websites.

We own any Content that we create such as visual interfaces, interactive features, graphics, design, compilation, including our compilation of the Content, computer code, products, software, and all other elements and components of the Service. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights as they may exist throughout the world associated with the Service.

5. CONDUCT

You agree not to, and will not assist, encourage or enable others to:

  • violate the Terms
  • violate any applicable law
  • violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service, or any Content made available via the Service, except as expressly authorised by us
  • use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Service or any Content made available via the Service, except for internet search engines that comply with our robots.txt file
  • reverse engineer any portion of the Service
  • remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website
  • record, process or mine information about other users
  • access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of tenders
  • reformat or frame any portion of the Service
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Service's technology infrastructure or otherwise make excessive traffic demands of the Service
  • attempt to gain unauthorised access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means
  • use the Service to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature
  • use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service or features that prevent or restrict the use or copying of Content made available via the Service.

6. DEALINGS WITH OTHER PARTIES VIA THE SERVICE

We are not liable for your interactions with any third parties through the Service. These dealings are solely between you and such parties. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with any such third parties, you hereby release TenderAlerts, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TENDERALERTS, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TENDERALERTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

TENDERALERTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TENDERALERTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL TENDERALERTS, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TENDERALERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM (I) USE OR MISUSE OF THE SERVICE, (II) INABILITY TO USE THE SERVICE, (III) INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE, (IV) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (V) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (VI) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (VIII) ANY BUGS, MALWARE, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

TENDERALERTS WILL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TENDERALERTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

8. TERMINATION

You may terminate this agreement at any time by discontinuing your use of the Service, and/or providing us with a notice of termination by contacting us.

We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Website, and the Content or any other related information. If permission has been revoked, you may not access or use the Service. If your access is revoked by us for any reason other than your breach of the Terms, you will be refunded a pro rata amount of any service fees paid (calculated from the date access is revoked). No other refund or remedy will be applicable.

In the event of any termination, whether by you or us, any sections of these Terms that imply rights or obligations that may exist beyond termination of the agreement will continue in full force and effect.

9. GENERAL

The Terms contain the entire agreement between you and us regarding the use of the Service and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision or a waiver of any further rights hereunder.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

These Terms and the relationship between you and us shall be governed by the laws of the Republic of South Africa without regard to its conflict of law principles. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts located within the Republic of South Africa.