Terms and Conditions of Use
Kindly be advised that these Terms and Conditions constitute a legal agreement between you as the User of our website and us as Special Economic Zones Authority (SEZA).
1.1 These Terms and Conditions shall govern the use of our website.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “The User”, “Client”, “You” and “Your” refers to you, the person who logs on to this website and compliant to the Authority’s terms and conditions. “SEZA”, “The Authority”, “Ourselves”, “We”, “Our” and “Us”, refers to Special Economic Zones Authority. “Party”, “Parties”, or “Us”, refers to both the User and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner for the express purpose of meeting the User’s needs in respect of provision of the Authority’s stated services, in accordance with and subject to, prevailing laws of Botswana. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same
1.2 By using our website, the User accepts these Terms and Conditions in full; accordingly, if they disagree with these Terms and Conditions or any part of these Terms and Conditions, they must not access the website.
1.3 If the User registers with our website, submits any material to our website or uses any of our website services, they will be required to expressly agree to these Terms and Conditions.
- License to use website
2.1 The User may:
(a) view active Tenders, Request for Quotations on our platform.
(b) print pages from our website.
(d) upload documents subject to the other provisions of these Terms and Conditions.
2.2 Except as expressly permitted by Section 2.1 or the other provisions of these Terms and Conditions, the User must not download any material from our website or save any such material for personal use without prior approval from SEZA.
2.3 The User may only use this website for reasons agreed to in this Agreement and for nothing else.
2.4 Except as expressly permitted by these Terms and Conditions, the User must not edit or otherwise modify any material on this website.
2.5 Unless the User owns or controls the relevant rights in the material, they must not:
(a) Republish material from this website (including republication on another website);
(b) Sell, rent or sub-license material from this website;
(c) Show any material from this website in public;
(d) Exploit material from this website for a commercial purpose;
(e) Redistribute material from this website.
2.6 We reserve the right to restrict access to areas of this website, or indeed the whole website, at our discretion; The User must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
3.1 The User must not:
(a) use this website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use this website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
3.2 The User must ensure that all the information it supplies to us through the website, or in relation to the website, is true, accurate, current, complete and non-misleading.
- User’s content
4.1 In these Terms and Conditions, “User Content” means all information that the User submits to us or the website for storage or publication on, processing by, or transmission via, the website.
4.2 The User grants to us permission to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
OR reproduce, store and publish the content on and in relation to this website and any successor website.
4.3 The User grants to us the right to bring an action for infringement of the rights licensed under Section 3 of this Agreement.
4.4 The User hereby waives all their moral rights in its content to the maximum extent permitted by applicable law; and it warrants and represents that all other moral rights in its content have been waived to the maximum extent permitted by applicable law.
4.5 The User may edit its content to the extent permitted using the editing functionality made available on the website.
4.6 Without prejudice to our other rights under these Terms and Conditions, if the User breaches any provision of these Terms and Conditions in any way, or if SEZA reasonably suspects that the User has breached these Terms and Conditions in any way, SEZA may delete, un-publish or edit any or all of your content.
5.1 The User warrants and represents that its content will comply with these Terms and Conditions.
5.2 The User content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
5.3 The User’s content, and the use of its content by us in accordance with these Terms and Conditions, must not:
(a) be libelous or maliciously false;
(b) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
(c) infringe any right of confidence, right of privacy or right under any data protection legislation;
(d) constitute negligent advice or contain any negligent statements;
(e) constitute an incitement to commit a crime (instructions for the commission of a crime or the promotion of criminal activity);
(f) be in contempt of any court, or in breach of any court order;
(g) be in breach of racial or religious hatred or discrimination legislation;
(h) be blasphemous;
(i) be untrue, false, inaccurate or misleading;
(j) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- Limitations and exclusions of liability
6.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law;
6.2 SEZA will not be liable to The User in respect of any losses arising out of any event or events beyond our reasonable control.
6.3 SEZA will not be liable to The User in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6.4 SEZA will not be liable to The User in respect of any loss or corruption of any data, database or software.
6.5 SEZA will not be liable to The User in respect of any special, indirect or consequential loss or damage.
6.6 The User accepts that SEZA has an interest in limiting the personal liability of its officers and employees and, having regard to that interest, the User agrees not to bring any claim personally against our officers or employees in respect of any losses the User may suffer in connection with the website or these Terms and Conditions
- Limited warranties
7.1 SEZA does not warrant or represent:
(a) the completeness or accuracy of the information published on this website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
- Breaches of these Terms and Conditions
8.1 Without prejudice to any other rights under these Terms and Conditions, if the User breaches these Terms and Conditions in any way, or if SEZA reasonably suspects that the User has breached these Terms and Conditions in any way, SEZA may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing our website;
(f) commence legal action against you, whether for breach of contract or otherwise.
9.1 SEZA may revise these Terms and Conditions from time to time.
9.2 If the User has given their express agreement to these Terms and Conditions, SEZA will ask for their express agreement to any revision of these Terms and Conditions; and if the User does not give their express agreement to the revised Terms and Conditions within such period as SEZA may specify, SEZA will take this to be consent of the new terms.
10.1 The User hereby agrees that SEZA may assign, transfer, sub-contract or otherwise deal with their rights and/or obligations under these Terms and Conditions.
10.2 The User may not without our prior written consent assign, transfer, subcontract or otherwise deal with any of their rights and/or obligations under these Terms and Conditions.
11.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third Party Rights
12.1 A contract under these Terms and Conditions is for the benefit of the Parties, and is not intended to benefit or be enforceable by any third party.
12.2 The exercise of the Parties’ rights under a contract under these Terms and Conditions is not subject to the consent of any third party.
Kindly take note that SEZA reserves the right to send notifications to the Users through various platforms including but not limited to email firstname.lastname@example.org and Short Message Services (SMS)SEZA.
- Entire agreement
- Law and jurisdiction
15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Botswana.
15.2 Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Botswana.