Terms & Conditions

1. Definitions

TenderAsili is a cloud-based procurement and supplier sourcing platform operated by TenderAsili Limited. It connects buyers running sourcing activities with suppliers who wish to participate in those activities.

• "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" means any person who accesses or uses the platform, including buyers, suppliers, and their authorized representatives.

2. Scope 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:

By choosing to use TenderAsili, you agree to these Terms and to our Privacy Policy and Cookie Policy, which are incorporated by reference.

3. Registration and Account Obligations

All information you provide to TenderAsili must be accurate and complete, including company name, contact names, and business details, whether provided at registration or afterwards.

You are responsible for keeping your information current and for maintaining the confidentiality of your login credentials and all activity that occurs under your account.

Unless we agree otherwise in writing, you may hold only one account, and you may not transfer or share your account with any other person. 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.

4. 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.

5. Fees 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.

Fees paid to participate in sourcing events are non-refundable except where a payment was made in error or in excess. Where a refund is due, specific evidence may be required and refunds may take up to five (5) business days to process.

6. Acceptable Use and Ethics

You agree to act ethically and lawfully in all dealings on the platform. 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.

7. 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.

8. TenderAsili's Role

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.

9. 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.

10. Disclaimers and Limitation of Liability

The platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, TenderAsili disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and does not warrant that the platform will be uninterrupted, error-free, or secure, or that any opportunity, bid, or content will meet your requirements.

To the maximum extent permitted by law, TenderAsili is not liable for any indirect, incidental, special, or consequential loss, loss of profit, revenue, data, or goodwill, or for erroneous, misapplied, or misrouted payments arising from inaccurate information provided by users.

To the maximum extent permitted by law, TenderAsili's total aggregate liability arising out of or in connection with the platform or these Terms shall not exceed the total fees you paid to TenderAsili for the services giving rise to the claim in the six (6) months preceding the event that gave rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless TenderAsili, its officers, directors, employees, and agents from and against any claim, loss, liability, damage, fine, 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 of these Terms, or your violation of any law or third-party right.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed 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.

13. Force Majeure

TenderAsili shall not be liable for any failure or delay in performing its obligations where the failure or delay results from events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, fire, flood, war, terrorism, civil unrest, strikes or labour disputes, government action, and the interruption or failure of power, telecommunications, internet, hosting, or third-party services. Affected obligations are suspended for the duration of the event, and TenderAsili will resume performance as soon as reasonably practicable.

14. General Provisions

• Entire agreement — These Terms, together with the Privacy Policy, Cookie Policy, and any applicable role-specific or separately signed terms, 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 limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
• No waiver — A failure or delay by TenderAsili in exercising any right under these Terms is not a waiver of that right, 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.

15. Changes to These Terms

TenderAsili may update these Terms from time to time. The version published on the platform is the one that applies to your use of TenderAsili. It is your responsibility to review the Terms periodically, and your continued use after any change means you accept the revised Terms.

16. Contact Us

For questions about these Terms, contact TenderAsili at contact@tenderasili.com, +254 714 555 554, or Kunde Road, Nairobi, Kenya.