Last
Modified: [Insert Date]
These
Terms and Conditions (“Agreement”) govern access to and use of the website of
the Public Procurement Tribunal (“the Tribunal”), located at
www.ppt.co.bw (“the
Website”). By accessing, browsing, or otherwise using the Website, you (“the
User”) expressly agree to be bound by this Agreement. If you do not agree to be
bound by these Terms, you must immediately discontinue use of the Website.
1. Intellectual
Property
1.1
All intellectual property rights in and to the Website, including but not
limited to content, design elements, domain names, source code, graphics, trade
names, logos, trademarks, service marks, and icons (collectively, “Intellectual
Property”) are the exclusive property of the Public Procurement Tribunal and
are protected under applicable national and international laws and treaties.
1.2
No licence, right, or interest in or to the Intellectual Property is granted to
the User. Any unauthorised use, reproduction, dissemination, adaptation,
distribution, or exploitation thereof shall constitute an infringement and
entitle the Tribunal to pursue civil and/or criminal remedies.
1.3
No User may use the Tribunal’s Intellectual Property as a hyperlink or for any
purpose whatsoever without the Tribunal’s prior written consent.
2. Links
to Third-Party Websites
2.1
The Website may contain links to third-party websites or resources not owned,
controlled, or operated by the Tribunal.
2.2
The Tribunal makes no representation or warranty as to the accuracy, legality,
reliability, or content of such third-party websites and accepts no
responsibility or liability for any damages or losses arising therefrom.
2.3
Users access third-party websites entirely at their own risk and remain bound
by the terms and policies of such websites.
3. Amendments
to this Agreement
3.1
The Tribunal reserves the right, in its sole discretion, to amend, update, or
modify this Agreement at any time without prior notice.
3.2
Such amendments shall be effective immediately upon publication on the Website.
3.3
Continued use of the Website by the User constitutes binding acceptance of the
revised Agreement. If you do not accept any amendment, you must immediately
cease all access and use of the Website.
4. Disclaimer
of Warranties
4.1
The Website and all content, information, materials, products, and services
available thereon are provided strictly on an “as is” and “as available” basis,
without any representations, conditions, or warranties of any kind, whether
express, implied, statutory, or otherwise.
4.2
Without limiting clause 4.1, the Tribunal disclaims all warranties, including
but not limited to:
- fitness
for a particular purpose;
- accuracy,
completeness, reliability, or currency of content;
- uninterrupted
or error-free operation;
- that
the Website is free of harmful code, viruses, Trojans, or other malware.
4.3
Nothing on the Website constitutes legal, financial, or professional advice.
Users must obtain independent professional advice where required.
5. Limitation
of Liability
5.1
To the maximum extent permitted by law, the Tribunal, its members, officers,
employees, contractors, and suppliers shall not be liable for any damages,
whether direct, indirect, incidental, consequential, special, punitive, or
exemplary, including but not limited to:
-loss
of profits, revenue, goodwill, or data;
- business
interruption;
- inability
to access or use the Website;
- reliance
on any information, content, or materials provided on the Website.
5.2
This limitation applies irrespective of the cause of action, whether in
contract, delict, negligence, strict liability, or otherwise, and even if the
Tribunal has been advised of the possibility of such damages.
5.3
The User’s sole and exclusive remedy for dissatisfaction with the Website is to
discontinue use thereof.
6. Indemnity
6.1
The User hereby indemnifies, defends, and holds harmless the Tribunal, its
members, officers, employees, contractors, and suppliers against any and all
claims, demands, actions, liabilities, losses, damages, costs, and expenses
(including reasonable attorney’s fees) arising out of or relating to:
- the User’s access to or use of the Website; - breach of this Agreement by the User; - infringement by the User of any intellectual
property or other rights of the Tribunal or any third party.
7. Privacy
and Data Protection
7.1
The Tribunal is committed to protecting the privacy and personal information of
Users in accordance with applicable data protection and privacy laws, including
but not limited to the Data Protection Act of Botswana.
7.2
By using the Website, the User consents to the Tribunal collecting, processing,
storing, and using personal data as necessary for:
- the
operation and administration of the Website;
- responding
to inquiries and communications from Users;
- compliance
with legal and regulatory obligations;
- monitoring
and improving the Website and its services.
7.3
The Tribunal will not sell, lease, or disclose personal information to third
parties except:
- where
required by law, regulation, or court order;
- where
necessary for legitimate governmental, regulatory, or case management purposes;
- to
service providers engaged under confidentiality obligations to assist in
operating the Website.
7.4
The Tribunal shall take reasonable technical and organisational measures to
safeguard personal data against loss, misuse, unauthorised access, disclosure,
alteration, or destruction.
7.5
Users have the right, subject to applicable law, to request access to,
correction of, or deletion of their personal data held by the Tribunal by
contacting the Tribunal in writing.
7.6
The Tribunal accepts no liability for security breaches beyond its reasonable
control, including but not limited to cyberattacks, hacking, or unauthorised
access by third parties.
8. Termination
of Access
8.1
The Tribunal reserves the right, at any time and in its sole discretion, to
suspend, restrict, or terminate a User’s access to the Website without prior
notice, including but not limited to circumstances where:
