Terms and Conditions

Please read these terms carefully before using TenderSoko

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) 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 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 ACCOUNTS, https://www.pesapal.com, https://www.dpopay.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 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.

8. INFORMATION POSTED BY USERS ON TENDERSOKO.COM

By posting information on this Site, a User grants tendersoko.com a perpetual, worldwide, royalty-free, and sub-licensable right to reproduce, distribute, display and otherwise use and exploit such information in any manner and for any purpose.

Users shall NOT post information on this Site that:

  • Is fraudulent, involves the sale of counterfeit or stolen items, or is otherwise illegal
  • Infringes on any third-party copyright, trademark, trade secret, or other intellectual property or proprietary rights
  • Violates any law or regulation (including those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Is defamatory or trade libelous
  • Is obscene or contains material that is child pornography
  • Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of another
  • Creates liability for tendersoko.com or causes tendersoko.com to lose the services of its internet service providers or other suppliers
  • Is misleading about the origin of the content
9. LIMITATION OF LIABILITY

tendersoko.com SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE CONTENTS OF THE SITE. tendersoko.com does not guarantee continuous, uninterrupted or secure access to our services.

10. NOTICES

Legal notices shall be served or to the email address you provide to tendersoko.com during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

11. INDEMNITY

You agree to indemnify and hold harmless tendersoko.com, its officers, directors, employees, agents, and suppliers from any claim, action, demand, or damage, including reasonable attorney fees, made by any third party arising out of your use of the Site or arising out of your violation of these Terms of Service.

12. GENERAL PROVISIONS

If any provision of this Agreement 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. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

13. PRIVACY POLICY

tendersoko.com is committed to protecting your privacy. Please review our Privacy Policy which also governs your use of the Site, to understand our practices.

14. DISPUTE RESOLUTION

Any disputes arising under this Agreement shall be resolved through good faith negotiations between the parties. If the dispute cannot be settled through negotiation, it shall be submitted to binding arbitration in accordance with the Arbitration Rules of Kenya. The arbitration shall take place in Nairobi, Kenya, and the language of the arbitration shall be English.

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

Terms & Conditions; 2014 - 2026 — TenderSoko Ltd.