Terms & Conditions

1. Acceptance of These Terms

These Terms apply to your use of the Site and of the information, materials, images, videos, and other content displayed on, incorporated into, underlying, or used to operate the Site, including databases, text, information, graphics, trademarks, icons, logos, hyperlinks, sounds, photographs, and designs.

By accessing and using the Site, you accept and agree to be bound by these Terms and by any posted guidelines or rules applicable to the Site or the Services. Any participation in the Site constitutes acceptance of these Terms, and you agree to be bound by them whenever you use the Services or purchase products or services offered on the Site. You are solely responsible for reviewing these Terms from time to time.

Any person who does not agree to all of these Terms, or who is unable to comply with, fulfil, or adhere to them, must immediately stop using the Site.

2. Definitions and Interpretation

TenderAsili is a cloud-based procurement and supplier sourcing platform operated by TENDER ASILI COMPANY LIMITED. It connects buyers running sourcing activities with suppliers who wish to participate in those activities. In these Terms, unless the context otherwise requires:

• "TenderAsili", "we", "us", and "our" mean TENDER ASILI COMPANY LIMITED, the legal entity that establishes and operates the Site.
• "Site" or "platform" means any website, application, or platform published by TenderAsili, including any page or part of it.
• "Services" means all products and services offered or provided to users on or through the Site.
• "Buyer" means an organization that uses TenderAsili to source goods, services or works and to prequalify or manage suppliers.
• "Supplier" means a business or individual that registers on TenderAsili to be discovered by, prequalify with, or bid on opportunities from buyers.
• "Sourcing event" means any tender, request for quotation, prequalification, or similar activity run by a buyer on the platform.
• "User", "you", and "your" mean any natural or legal person who accesses or uses the Site or makes use of any of the Services, including buyers, suppliers, and their authorized representatives.

In interpreting these Terms:

• clause headings are inserted for ease of reference only and shall not be referred to or relied upon in interpreting these Terms;
• a word or expression defined in any part of these Terms bears the meaning so assigned to it throughout;
• where the context so admits, the singular includes the plural, and words in the masculine gender include the feminine and neuter genders, and vice versa; and
• where any provision of these Terms conflicts with any law, that provision shall not apply to the limited extent of the conflict, and the conflict shall not affect the enforceability of the remaining provisions.

3. Related Policies and Role-Specific Terms

These general Terms apply to all users of TenderAsili. In addition, role-specific terms apply according to how you use the platform, and prevail over these general Terms in the event of a conflict for that role:

Subject to the role-specific terms, these Terms apply to each and all of the products and services offered on the Site, whenever applied for or provided to you. Where these Terms conflict or are inconsistent with the terms of a specific product or service, the conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in the manner most favourable to TenderAsili and to the exercise of TenderAsili's rights and options with respect to the matter to which the inconsistency relates.

These Terms, together with our Privacy Policy, Cookie Policy, and Security Policy (published as our Security & Data Protection statement), govern the legal relationship between TenderAsili and its users. By choosing to use TenderAsili, you agree to those documents, which are incorporated into these Terms by reference. You should ensure that you read and understand the Privacy Policy.

These Terms also apply to the Site and to all internet sites operated by TenderAsili's divisions, subsidiaries, and affiliates that reference these Terms.

4. Eligibility, Registration and Account Obligations

Any person who uses the Site must have attained the age of eighteen (18) years, or the age of legal majority in their jurisdiction, or must otherwise access the Site under the strict supervision of a parent or legal guardian. To register a buyer or supplier account you must be at least eighteen (18) years old and have authority to bind the organization you register for, as set out in the role-specific terms.

Some Services require you to register or subscribe. For registration, TenderAsili requires certain information, such as your name, email address, mobile number, and company details. All information you provide to TenderAsili must be accurate, complete, and current, whether provided at registration or afterwards, and you must promptly update it if it changes. If you fail to maintain accurate, complete, and up-to-date information, you may be unable to access or use the Services, and TenderAsili is not liable for any consequences arising from that failure.

You are responsible for maintaining the confidentiality of your login credentials, including your username and password. Any activity that occurs under your account is deemed to be your action and is solely your responsibility. You must notify TenderAsili immediately of any unauthorized use of your account or any suspected security breach. TenderAsili is not responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

Unless we agree otherwise in writing, you may hold only one account. You may not transfer or share your account with any other person or entity, and you may not allow persons under the age of eighteen (18), or under the age of legal majority in their jurisdiction, to use your account except under the strict supervision described above.

To protect the integrity and security of the platform, TenderAsili may monitor, review, and audit activity and content submitted through the platform for compliance with these Terms and applicable law. All messages, reviews, and posts made on the Site are stored and may be audited and reviewed by TenderAsili, or by any person acting on its behalf, at any time to ensure compliance with these Terms and any applicable law, regulation, or code of conduct.

If you wish to close your account, follow the account closure procedure on the Site or contact our support team for assistance.

5. Our Services

TenderAsili provides a platform offering a range of procurement and supplier-sourcing services, including supplier registration and prequalification, requests for quotation and tenders, quotes, purchase orders and invoices, supplier discovery, tender alerts, and support for compiling bid documents, and may offer related business and financial services (together, the "Services").

Tender alerts enable users to receive timely notifications by SMS and email about relevant tenders, procurement opportunities, and business opportunities. Users can customize their alert preferences, including industries or categories, regions or locations, and other criteria, so that the alerts they receive are tailored to their needs.

TenderAsili facilitates the compilation of bid documents by giving users access to the information, document requirements, and templates needed to prepare bids and prequalification responses, so as to streamline the bidding process and save users time and effort in sourcing and organizing bid-related documents.

Where offered, TenderAsili's business and financial services support users in enhancing their business strategies and financial decisions, and may include access to industry reports, market insights, financial analysis, and expert consultation.

TenderAsili reserves the right to accept, refuse, or execute any request for Services, and to cancel Services in whole or in part, in its absolute discretion and without giving reasons. The Services may be changed, updated, or modified at TenderAsili's discretion without prior notice.

While TenderAsili endeavours to provide accurate and reliable information, the Services are offered on an "as is" basis, and you are responsible for verifying the relevance and suitability of the content and information provided through the platform. The Services are not intended to replace professional legal, financial, or business advice, and you are encouraged to seek independent professional advice when making important business decisions or participating in tendering processes.

6. Licence to Use the Platform

TenderAsili grants each user a revocable, non-transferable licence to use the Site for the purpose of obtaining the Services offered on it, for the user or for the organization the user represents. Commercial use of the Site, or use on behalf of any third party, is prohibited except as explicitly permitted by TenderAsili in advance; using the Services for your own or your organization's procurement, prequalification, and bidding, as these Terms and the role-specific terms describe, is so permitted. Any breach of these Terms results in the immediate revocation of this licence without notice to you.

Any rights not expressly granted in these Terms are reserved by TenderAsili and its licensors.

7. Participation in Sourcing Events

For each sourcing event, you may be presented with additional terms imposed by the buyer relating to participation in that specific event.

The buyer has final responsibility for all decisions regarding the operation and outcome of its sourcing events. A buyer and/or TenderAsili may suspend, amend, or cancel an event at any time.

TenderAsili does not control whether a buyer completes any transaction, awards any contract, or engages any supplier following a sourcing event. Participation does not guarantee any award or engagement.

TenderAsili does not guarantee the availability of specific tenders or procurement opportunities, nor the success of any bidding effort or business decision made using the Services. The ultimate responsibility for evaluating, pursuing, and participating in tenders and business transactions lies with you.

8. Fees, Charges and Payment

Certain activities on TenderAsili may require payment of a fee, which will be disclosed to you before you incur it. Payments may be made via M-PESA, card (Visa/Mastercard), or bank transfer, with details shown at checkout. Card payments are processed by our payment partner using industry-standard encryption; TenderAsili does not store full card details.

Your use of the Site and the Services may result in charges for the services or goods you receive ("Charges"). TenderAsili will receive or enable your payment of the applicable Charges. Charges are inclusive of applicable taxes where required by law, and may include other applicable fees or surcharges, such as processing fees.

Charges are paid using the payment method you choose or designate in your account, after which you will receive a receipt by email and/or text message. If your primary payment method is expired, invalid, or otherwise cannot be charged, you agree that TenderAsili may use a secondary payment method in your account, if available.

TenderAsili reserves the right to establish, remove, or revise Charges for any or all services or goods obtained through the Services at any time, in its sole discretion. Beyond the fees disclosed to you at checkout, TenderAsili will use reasonable efforts to inform you of other Charges that may apply; you remain responsible for all Charges incurred under your account regardless of your awareness of those Charges or their amounts. TenderAsili may from time to time give certain users promotional offers and discounts that result in different amounts being charged for the same or similar services or goods, and such offers, unless also made available to you, have no bearing on your use of the Services or the Charges applied to you.

You may cancel a request for Services at any time before the Services begin, in which case a cancellation fee may apply, including one charged on behalf of a third party. After receiving services or goods through the Services, you may have the opportunity to rate your experience and leave feedback. TenderAsili may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed with third parties.

Where Charges you incur are owed to a third party — for example, a buyer that sets a fee for participating in its prequalification or sourcing event — TenderAsili collects payment of those Charges from you on that third party's behalf as its limited payment collection agent, and payment to TenderAsili is treated as payment made directly by you to that third party.

Charges paid by you, including fees paid to participate in sourcing events, are final and non-refundable, except where a payment was made in error or in excess, or as TenderAsili otherwise determines. Where a refund is due, specific evidence may be required and refunds may take up to five (5) business days to process.

9. Orders, Acceptance and Pricing

There are cases when an order or request for Services — such as a subscription, an application, or a payment — cannot be processed. TenderAsili reserves the right to refuse or cancel any order for any reason at any time. You may be asked to provide additional verification or information, including your phone number and address, before an order is accepted.

To prevent fraud involving credit or debit cards, TenderAsili reserves the right to validate your payment details before providing products or services, and to verify the personal information you share with us. This verification may take the form of an identity, place-of-residence, or banking-information check. If you do not respond to such a request, the order will be cancelled automatically within two (2) days. TenderAsili may cancel directly any order where it suspects a risk of fraudulent use of a credit or debit card.

TenderAsili is determined to provide accurate pricing information on the Site, but errors may occur, such as a price not being displayed correctly. Where a product or service is mispriced, TenderAsili may, at its discretion, either contact you for instructions or cancel your order and notify you of the cancellation. TenderAsili may refuse or cancel any such order whether or not the order has been confirmed and your card or account charged.

10. Acceptable Use and Ethics

You accept full responsibility for your actions and for complying with these Terms. You agree to act ethically and lawfully in all dealings on the platform, and to use the Services only for lawful purposes and in accordance with all applicable laws, regulations, and codes of conduct. It is your sole responsibility to familiarize yourself with the laws, regulations, and codes of conduct that apply to you and to ensure that you comply with them. You must notify TenderAsili and the relevant buyer if you become aware of practices inconsistent with the fair operation of a sourcing event.

You agree not to knowingly:

• interfere with, or attempt to interfere with, the proper working of the platform;
• post or transmit any unlawful, fraudulent, harassing, defamatory, or obscene content;
• upload any content containing a virus, worm, or other harmful code;
• copy, reverse engineer, or create derivative works of the platform, except to the limited extent permitted by law.

In addition, you may not:

• remove any copyright, trademark, or other proprietary notices from any part of the Services;
• reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, except as expressly permitted by TenderAsili;
• decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law;
• link to, mirror, or frame any part of the Services;
• cause or launch any program or script for the purpose of scraping, indexing, surveying, or otherwise data-mining any part of the Services, or of unduly burdening or hindering the operation or functionality of any aspect of the Services;
• attempt to gain unauthorized access to, or impair, any aspect of the Services or its related systems or networks;
• use the Site to send messages without reasonable cause, or for the purpose of causing annoyance, inconvenience, or distress to any person;
• use, or knowingly allow others to use, the Services for any purpose that may bring TenderAsili's name into disrepute, or that is, in TenderAsili's sole and absolute discretion, improper, immoral, or undesirable; or
• use or link to the Site for any purpose, or in any way, not expressly permitted in these Terms, without TenderAsili's express prior written permission.

You shall neither do, nor omit to do, anything that would result, directly or indirectly, in a breach by TenderAsili or by you of any applicable legislation, regulation, or code of conduct. If you do, TenderAsili may immediately suspend or terminate the provision of Services to you, and you shall have no claim of any nature against TenderAsili, including any claim for reimbursement, refund, compensation, or damages.

11. Information You Provide

Buyers may request information from you in the form of questionnaires or evaluation criteria, which may relate to your registration, qualifications, capability, capacity, performance, or compliance.

You represent and warrant that: (i) you will comply with all laws and regulations that apply to your participation; (ii) you have the authority to enter into these Terms; and (iii) all information you provide is accurate. Both TenderAsili and buyers are entitled to rely on the accuracy of the information you provide.

12. Submissions, Reviews and Feedback

Questions, reviews, comments, suggestions, and other feedback that you submit to the Site or provide to TenderAsili become TenderAsili's sole and exclusive property and will not be returned to you. By submitting a review or comment, you grant TenderAsili the right to use the name you submit with it in connection with that review, comment, or other content.

Sourcing events, RFx documents, evaluation criteria and records, bids, quotes, prequalification responses, company documents, and other business content that you publish or submit in order to run or take part in a sourcing event remain yours, and you grant TenderAsili a licence to host, store, reproduce, and share them as necessary to operate the Services and facilitate sourcing events.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead TenderAsili or third parties as to the origin of any submission. TenderAsili may, but is not obliged to, remove or edit any submission.

13. TenderAsili's Role and Third-Party Content

In connection with sourcing events, TenderAsili provides administrative and technology services on behalf of buyers and acts as an independent contractor. Where you communicate through the platform during a sourcing event, you consent to TenderAsili sharing those communications with the relevant buyer.

TenderAsili acts as a conduit for the provision of information and content from third parties, including buyers and suppliers, regarding the products, services, and opportunities offered or displayed on the Site. Content on the Site is provided solely for informational purposes. The products, services, and opportunities represented on the Site are those of the buyers, suppliers, and other third-party providers concerned, not TenderAsili's, and the opinions, offers, and submissions communicated on the Site are those of the individuals posting them and do not represent TenderAsili's opinions.

TenderAsili is not responsible or liable for any content transmitted through the Site; full responsibility for that content rests with the user who submits it and with the third-party providers concerned.

14. Communications, Marketing and Directory Consents

By using TenderAsili, you agree that we may: (i) contact you to promote, market, or operate sourcing events; (ii) identify you to buyers as a potential participant; and (iii) store your information to facilitate sourcing events, in accordance with our Privacy Policy.

On registering or subscribing, you agree that TenderAsili may contact you by telephone, email, or text message at any phone number or email address provided by you or on your behalf in connection with your TenderAsili account, including for marketing purposes.

You may opt out of promotional emails and text messages at any time by clicking the unsubscribe link at the bottom of any promotional email, by texting the word "STOP" to the number provided in the text message, or by managing your preferences in your account settings, as described in our Privacy Policy.

15. Access, Networks and Devices

You are responsible for obtaining the data network access necessary to use the Site and the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and any updates to them. TenderAsili does not guarantee that the Services, or any part of them, will function on any particular hardware or device. The Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

16. Intellectual Property

All intellectual property rights, whether registered or unregistered, in the Site, the information content on the Site, and the Site's design — including text, graphics, software, photographs, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software — remain the property of TenderAsili and its licensors. The entire contents of the Site are protected by copyright as a collective work under the copyright laws of Kenya and international conventions. All rights are reserved.

Except as needed to use the Services for their intended purpose, content from the Site may not be used or exploited for any commercial or non-private purpose without TenderAsili's prior written consent.

17. Disclaimers and Limitation of Liability

The Services, information, content, and materials on the platform are provided on an "as is" and "as available" basis, without warranties or guarantees of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, TenderAsili disclaims all representations and warranties, including merchantability, fitness for a particular purpose, non-infringement, and the accuracy, reliability, suitability, or completeness of the information, content, or Services offered on the platform, and does not warrant that the platform will be uninterrupted, error-free, or secure, that its contents are free from errors or omissions, or that any opportunity, bid, or content will meet your requirements.

TenderAsili, together with the third parties it works with, attempts to be as accurate as possible, but does not warrant that product and service descriptions or other content are accurate, complete, reliable, current, or error-free.

The products and Services are supplied on an "as is" basis and are not supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself, before entering into this agreement with TenderAsili, that the products and Services will meet your individual needs and requirements.

To the maximum extent permitted by law, TenderAsili is not liable for any damage, loss, or liability of whatever nature arising from the use of, or inability to use, the Services or any content provided. Without limiting the foregoing, TenderAsili is not liable for any damages whatsoever — including direct, indirect, special, consequential, punitive, or incidental damages, damages for loss of use, profit, revenue, data, goodwill, or other intangibles, or the cost of procuring substitute goods and services — arising out of or related to the use, inability to use, or unauthorized use of the Services, whether such damages arise in contract, under statute, in equity, at law, or otherwise, nor for erroneous, misapplied, or misrouted payments arising from inaccurate information provided by users.

To the maximum extent permitted by law, and notwithstanding the foregoing, where you have a valid claim against TenderAsili arising from any services provided under these Terms, TenderAsili's total aggregate liability for that claim shall be limited to an amount equal to the amount you paid for the products or services that are the subject of the claim in the one (1) month before the claim arose.

18. Indemnification

You agree to indemnify and hold harmless TenderAsili, its officers, directors, employees, and agents from and against any claim, loss, liability, damage, fine, risk, or expense (including reasonable legal fees) arising out of or connected with your use of the platform, the information or content you submit, your breach or contravention of these Terms, or your violation of any law or third-party right.

In particular, you indemnify TenderAsili, and shall not hold it liable, against: (i) any fine imposed on TenderAsili, or damages suffered by it, as a result of any act or omission of yours that amounts to a breach of any law or code of conduct to which TenderAsili may be subject; (ii) any reasonable damages, awards, penalties, or legal costs claimed or imposed by any party as a result of any act or omission of yours that breaches any legislation, regulation, code of conduct, network provider code or practice, or acceptable usage policy; and (iii) any reasonable claims, actions, or damages from any party resulting from the fraudulent or unauthorized use, or the loss, of your username and password.

On notification of any such fine or damages, you agree to pay the amount to TenderAsili immediately. Any amount not paid to TenderAsili within twenty-four (24) hours of notification shall accrue interest.

19. Breach

Where you breach any of these Terms, including terms relating to payment of any amount due to TenderAsili, TenderAsili shall be entitled, without prejudice to any of its other legal rights, among other things to: cancel its agreement with you; suspend or terminate the provision of Services to you; suspend, disable, or terminate your account or accounts; sue for specific performance; claim damages; retain any monies already paid by you in respect of services not used, as damages resulting from the breach; and set off any claim TenderAsili has against you against any other amount due to you by TenderAsili.

Where your account is suspended or terminated because of a breach of these Terms, TenderAsili may also suspend or terminate all other accounts registered by you or on your behalf, and any account registered by any other person whom TenderAsili, in its sole and unfettered discretion, believes is affiliated with you.

20. Suspension and Termination

TenderAsili may suspend or terminate your account, in its sole discretion, for reasons including: (a) violation of these Terms or of any applicable law or regulation; (b) fraudulent, illegal, or unauthorized activity; (c) misuse or abuse of, or unauthorized access to, the Services; (d) conduct that may cause harm to TenderAsili, other users, or third parties; (e) failure to provide accurate and up-to-date information; or (f) any other action that TenderAsili considers detrimental to its operations or reputation.

TenderAsili may suspend (indefinitely or for such period as it considers appropriate) or terminate any Service at any time by giving you sufficient notice, stating its reasons and, where TenderAsili considers it appropriate, the means by which you can avoid the suspension or termination. Nothing in this paragraph prejudices or affects TenderAsili's right to suspend or terminate any Service.

In addition to any other legal or equitable remedy, TenderAsili may, at any time and for any reason, without prior notice to you, revoke your access to or use of the Site or its content, immediately terminate these Terms, or revoke any or all of your rights under them. On termination, TenderAsili will revoke the password and account identification issued to you and deny your access to and use of the Site in whole or in part, and your access to the Services will be disabled.

Termination does not affect the rights and obligations of the parties (including payment obligations) arising before the date of termination, and any outstanding obligations or liabilities continue to apply. TenderAsili is not liable to you or to any other person as a result of any suspension or termination. If you are dissatisfied with the Site or with any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to stop using the Site.

21. Governing Law and Dispute Resolution

These Terms are governed by, construed, and interpreted in accordance with the laws of the Republic of Kenya. The parties will first seek to resolve any dispute amicably through good-faith negotiation; failing which, the dispute shall be submitted to the exclusive jurisdiction of the courts of Kenya, or to arbitration in Nairobi under the Arbitration Act where the parties so agree in writing.

22. Force Majeure

Neither party will be liable for any delay in performing, or failure to perform, any of its obligations under these Terms that is caused by an event beyond its reasonable control, including acts of God, natural catastrophes and disasters, epidemics or pandemics, fire, flood, accidents, acts of war or terrorism, civil or military disturbances, civil unrest, strikes, work stoppages or labour disputes, government action, and the interruption, loss, or malfunction of utilities, power, telecommunications, internet, hosting, communications or computer (software and hardware) services, or other third-party services. Affected obligations are suspended for the duration of the event, and TenderAsili will resume performance as soon as reasonably practicable.

23. General Provisions

• Entire agreement — These Terms, together with the Privacy Policy, Cookie Policy, Security Policy, any applicable role-specific or separately signed terms, and any other contractual documents expressly referenced in these Terms, contain all the terms of, and constitute the entire agreement between you and TenderAsili regarding the platform, and supersede any prior understanding on the subject.
• Severability — If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed, or limited to the minimum extent necessary, and the remaining provisions will not be affected and will continue in full force and effect.
• No waiver — A failure or delay by either party in exercising any right under these Terms is not a waiver of that right or of any further rights, and no single or partial exercise of any right prevents its further exercise.
• Assignment — You may not assign or transfer your rights or obligations under these Terms without our prior written consent. TenderAsili may assign these Terms to an affiliate or in connection with a merger, acquisition, or transfer of assets.
• Survival — Provisions that by their nature should survive termination — including fees due, disclaimers, limitation of liability, indemnities, and governing law — will survive termination of these Terms.

24. Changes to These Terms

TenderAsili reserves the right, in its absolute discretion, to change, modify, add to, or remove any part of these Terms at any time, including any criteria or information set out in them, and to update the prices and rates of the Services. Changes take effect immediately when they are posted on the Site, and no other advance notice is required or provided. The version published on the platform is the one that applies to your use of TenderAsili.

It is your responsibility to review these Terms regularly. You undertake to check the Site frequently and to acquaint yourself with any changes to the information on it and, at a minimum, to check these Terms for any change — including to the prices and nature of any Services — before concluding each order for Services. Your continued use of the Site after any change means you accept the revised Terms.

25. Contact Us

For questions about these Terms, contact TenderAsili at contact@tenderasili.com or +254 714 555 554, submit a request through https://www.tenderasili.com, or write to TENDER ASILI COMPANY LIMITED, Kunde Road, Nairobi, Kenya.