TERMS OF SERVICE
Please read these terms of service carefully before using this site.
By using the Tendasili.com, website (the "Site") or any of its applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Service") and agree to comply with all applicable laws and regulations. In these Terms of Service, the words “I” "you" and "your" refer to each Customer, Site visitor, or Application user, "we", "us" and "our" refer to Tendasili.com and "Services" refers to all Services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our customer service through [email protected]
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Tendasili.com provides an online tender information portal that offers tender information to its users and customers can subscribe to the portal by offering their information for purposes of receiving relevant tender information. At no time do we qualify, review, recommend or guarantee qualifications for any that is listed on our platform. You hereby consent and agree to the following while using our services.
1. Accuracy of Information and Third-Party Consent.
To the best of my knowledge, I have provided accurate information to tendasili.com and have obtained all third-party consents required for my order.
2. Non-English-Speaking Customers.
I understand that certain materials on tendasili.com, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
3. Limitation of Liability and Indemnification.
EXCEPT AS PROHIBITED BY LAW, I WILL HOLD TENDASILI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF TENDASILI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF TENDASILI, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
4. Private Policy.
I understand that the Site's general Privacy Policy (the "Privacy Policy") also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to that policy, which are incorporated herein by reference.
5. Future Products and Services.
If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
6. Suspended Accounts.
If tendasili.com encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that tendasili.com, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that tendasili.com disables my account, I understand that, unless by court order, no information about my account will be provided to anyone outside tendasili.com, including me or any authorized contact, until the investigation is complete. Additionally, I understand that tendasili.com, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that tendasili.com will not be liable for any delays caused by these policies and procedures.
7. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care support number. In the unlikely event that the tendasili.com Customer Care Centre is unable to resolve your complaint to your satisfaction (or if tendasili.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge and allows for more expeditious settlement of claims than a court does, and is subject to very limited review by courts.
The arbitration shall be by a single arbitrator to be appointed by the Parties jointly and failing agreement by the Chairman for the time being, of the Chartered Institute of Arbitrators, Kenyan Chapter. Such arbitration shall be conducted in Nairobi and resolved in accordance with the provisions of Arbitration Act of 1995 as amended from time to time. When seeking arbitration, you must first send to tendasili.com, by certified mail, a written notice of dispute.
8. Subscription Packages Plan.
(a) Qualification. The subscription Plan is available as a purchase option for purposes of tender notifications.
(b) Billing. By opting into the subscription Packages Plan, I am agreeing for payment to be deducted from my account immediately a notification is sent to me. I hereby authorize tendasili.com to deduct from my deposit account the requisite amount.
(c) Default. I understand that tendasili.com may restrict my ability to purchase other tendasili.com products if I am delinquent on any payment.
(d) Notice of Automatic Billing. Tendasili.com may send a reminder SMS or email to the email address of record for my account before my Instalment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Tendasili is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of tendasili.com to send the email does not create any liability on the part of tendasili.com or any third- party service provider.
(e) Disputed Charges. I understand that if I dispute a charge for any service or payment, I should call the tendasili Customer Care Centre immediately and tendasili will investigate the matter.
(h) Subscription Products. For subscription products offering the Instalment Plan, tendasili.com reserves the right to terminate access to subscription benefits after a missed instalment payment.
(i) Refund. Any refund for moneys pays wrongly or in case of termination of subscription shall be made within 14 days upon verification and after notifying our customer care centre at [email protected]
9. Text messages and SMS Programs.
Tendasili.com, at its sole discretion, may offer the following SMS/text message based programs:
tendasili.com subscribed member Alerts: When available, you may opt-in to receive SMS/text messages by providing your phone number during the process of purchasing a product from tendasili.com In some instances, we may also provide you the opportunity to opt-in post-purchase through digital advertisements or emails. By opting in, you will receive messages regarding the status of your order and assistance with accessing the products you have purchased. The number of messages you will receive will vary depending on the steps needed to complete your order.
tendasili.com Invitation: When available, you may opt-in to receive SMS/text messages when you purchase a participating product from tendasili.com. We may provide you the opportunity to opt-in through a post-purchase webpage or through digital advertisement. By opting in, you will receive a message providing you with constant information about available tenders.
tendasili.com Offers: When available, you may opt-in to receive SMS/text messages by sending a text message to tendasili.com following the directions provided through digital advertisements or emails. By opting in, you will receive promotional messages regarding special offers and product updates.
To opt-out of receiving SMS/text messages from tendasili.com, you may reply with STOP to cancel (msg & data rates may apply), email [email protected] or call our Customer Care Center. For more information, you may reply with HELP (msg & data rates may apply), email [email protected] or call our Customer Care
10. Access to World Wide Web; Internet Delays.
To use tendasili.com services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain tendasili.com services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that tendasili.com is not responsible for delays, delivery failures, or other damage resulting from such problems.
11. Force Majeure.
tendasili.com shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a force majeure Event continues for more than 60 days in the aggregate, tendasili.com may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
12. Right to refuse.
I acknowledge that tendasili.com reserves the right to refuse service to anyone.
13. Governing Law
These terms are governed by and construed in accordance with the law pertaining in the Republic of Kenya and the Parties submit to the exclusive jurisdiction of the Kenyan Courts.
14. Entire Agreement
These Terms constitute the entire agreement between you and tendasili.com with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
These Terms create no third-party beneficiary rights. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.
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