1. DEFINITIONS:
For the purpose of this document ALTECH will be known as the Company.
The Client is the fully paid up and subscribed entity, which may be an individual, or a said third party company, and officers of a third party company using the services provided will be deemed as the Client.
The Services include any of the information and data that the Company provides for the benefit of the Client in acquiring and applying to win a tender.
Registration Data will consist of all information provided to the Company during the course of registering for the service(s) that the Company provides.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by the Company for the Client, are provided to the Client under the terms and conditions of this Agreement hereto, any amendments to this Agreement, and any operating rules or policies that may be published on the website from time to time by Company and it's officers, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between the Client and Company and supersedes any prior or latter oral, written or express agreements pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company, is providing the Client with any or all of the following services: (a) All government tenders that are published in newspapers; (b) Tender documents made available to the public via other means such as collection from local Ministries; (c) Tenders released by private companies who want their tender documents made public; (d) Tender documents from certain NGO's. These Services are provided to Client at the discretion of Company, and Company has no obligation to provide all the Services mentioned above to the Client.
3. EXCLUSION OF LIABILITY:
The Company reserve the right to modify or discontinue, temporarily or permanently, the Services with or without notice to Client. The Client agrees that the Company or it's officers, shall not be liable to Client or any third party for any modification or discontinuance of the Services.
The Company warrants that it will try to the best of it's ability to locate, acquire, and publish, on their website, all tenders made available in Tanzania . The Company can not be held liable for the exclusion or omission of a tender that the Client failed to receive or find on the website.
The company hereby warrants to publish the exact information from a tender document for the use of the Client. The Company will not be liable for mistakes or discrepancies in a tender document, whether they be a mistake by the tenderor or a by officers of the Company, during the publishing of the tender document. The Company assume no responsibility for the accuracy of this information.
4. USER'S REGISTRATION OBLIGATIONS
The Client must be at least eighteen (18) years old to register for the Services. In consideration of use of the Services, Client agrees to: (a) provide true, accurate, current, and complete information about the Client as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by Client is untrue, inaccurate, not current, or incomplete, the Company has the right to terminate Client account, without reimbursement, and to refuse any and all current and/or future use of the Services.
5. USE OF REGISTRATION DATA
Client acknowledges that Registration Data only to be used by Company. The Company shall use the Registration Data to contact the Client in reference to account maintenance, payment, new products or anything else that the Company deems necessary. Client data shall not be shared with any third-party.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
The Client agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Company's sole discretion. The Company shall own User's complete user name, and may ask the Client to change or amend it in its entirety without providing reason or explanation.
Client will receive a designated password and account upon completing the registration process for the Services. Client is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under Client's account. The Client agrees to immediately notify Company of any unauthorized use of Client's password or account or of any other breach of security.
Should an officer of the Client be dismissed from their job, then it is the responsibility of the Client to change the password to prevent unauthorized access into the Client's account.
7. USER CONDUCT
The Client agrees to abide by all applicable local, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Clients. Client agrees to be solely responsible for the manner in which the information provided on the website/publications is used.
The Client agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of the Company and affiliated organizations connected to the Services; and (d) not to resell the Services or use of or access to the Services.
At no time should the Client give out or share their password with other entities, so as to enable unregistered users to access the services provided by the Company. Should this occur, the Company has the right to invoice the Client for allowing another company, individual or business for using the services provided; or alternately terminate the Client's account without notice; this will result in the Client forfeiting the balance of monies paid for the remaining service term.
10. TERMINATION
(a) Client agrees that the Company may terminate Client's password, account, or use of the Services if Company, (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Company. Client further agrees that Company may terminate Client's password, account, or use of the Services if Client a.) fails to renew the membership at least seven (7) days before expiration date; or b.) if the Client fails to pay all outstanding invoices.
(b) The Client agrees that the Company may immediately delete Client's account and all related information, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. Client also acknowledges and agrees that termination of any of the Services may be effected without prior notice.
11. LINKS
The Services may provide links to other Web sites or resources. The Company, and their third party service providers do not endorse and are not responsible or liable for any content, accuracy, advertising, products, or other materials on or available from such sites or resources.
12. COMPANY'S PROPRIETARY RIGHTS
Client acknowledges and agrees that content, including, but not limited to, text, may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Client acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, Client, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT CLIENT'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(c) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE AND INFORMATION WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY OR IT'S AGNETS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THE CLIENT, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO COMPLY WITH ANY LOCAL LAWS OR ACTS.
(d) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
15. AMENDMENT
Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to the Client, which notice may be provided on the Web pages through which Client accesses or uses the Services. Cleint's continued access or use of the Services shall be deemed to be Client's conclusive acceptance of the modified Agreement.
16. GENERAL
The Company and Clients are intended beneficiaries of this Agreement. Company shall not be liable to Client for any breach by Company of this Agreement or the Privacy Policy. This Agreement and the relationship between Company and Client shall be governed by the laws of Tanzania without regard to its conflict of law provisions. The Company and Client agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Dar-Es-Salaam. The failure of Company and Client to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect.