Please read the following General Terms and Conditions (Terms and Conditions) carefully as the provisions contained herein shall govern your access and use of our digital platform to create companies profiles hereinafter referred to as “Tendering Center” or “Website”. This Website is owned by Tender Center for Web Design and Development WLL having its registered office at Sharq, Global Tower, 4th floor, Office 1. Tendering Center is a Business to Business Platform for enabling companies to register their profiles, create tenders and submit bids.

The aim of this Website is to provide online tendering services referred to as “Services” for both companies that require services or goods and those who provide them.

By accessing the Website you hereby agree to be bound by the following general Terms and Conditions. There may be additional features in the Website that have their own Terms and Conditions and those additional Terms and Conditions would also apply in context of using the Website along with current Terms and Conditions.

1. GENERAL

   The Website is owned and operated by Tender Center for Web Design and Development WLL hereinafter referred to as "Provider", “us”, “we” or “our”.

   1. The Terms and Conditions set below apply to:
   1. any person accessing and downloading the Website ("Visitor");
   2. any person supplying in any personal information on the following terms
      1. As part of the registration process you will need to create personal account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you.
   2. If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
   3. Visitors who have an intention to create an account on the Website or already did it are collectively referred to as “User”, “Users”, “you” or “your” in these Terms and Conditions.
   4. The User’s personal information would not be shared with the third parties.
   5. By becoming a User, you hereby acknowledge and agree to be bound by the Terms and Conditions.
   6. We may suspend or stop providing the Services if you do not comply with our Terms and Conditions.
   7. Using our Website as well as various services provided by us through our Website does not grant you any Intellectual property rights on the Website, its source codes and Services except your personal data or information uploaded by you on our Website.
2. ELIGIBILITY FOR REGISTRATION AND ACCOUNT SAFETY
   1. In consideration of becoming a User, you represent and warrant that:
      1. you are a licensed company in the State of Kuwait with the right to partake in commercial activity;
      2. you have the capacity to form a binding contract;
      3. you are not a person barred from accessing or using the Website under the governing laws of the Terms and Conditions;
      4. your access or use of the Software does not violate any applicable law or regulation;
      5. you will keep your contact information accurate and up-to-date.
   2. The process of KYC is the following:
      1. Users need to provide username and password in order to register;
      2. after accessing the account Users have to create company profile;
      3. verification of the company profile will be done within 5 working days from submitting the account opening forms and collecting supported documents.
3. PROTECTING OTHER USER’S RIGHTS
   1. You will not post any content or take any action on the Website that infringes the rights of the other user or violates any law.
   2. We reserve the right to remove any content or information if we believe that it violates these Terms and Conditions.
   3. If you use any trademark or logo, which is deceptively similar to the existing trademarks without prior written consent of copyright owner we reserve the right to disable your account.
   4. You are not allowed to post any sensitive financial information or anyone’s identification.
4. SAFETY

   You expressly acknowledge, agree and warrant that:

   1. you are solely and entirely responsible for your user content.
   2. All registration data which is submitted by you to the Provider through or in connection with the Website is true, accurate and up-to-date, and is complete in all respects.
   3. You shall not upload, post, email, transmit or otherwise make available through or in connection with the Website any user content that:
      1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      3. comprises unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”;
      4. contains software viruses, trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      5. attempts to gain unauthorized access to the Website or any networks, servers or computer systems connected to the Website.
   4. You will not use or develop any third party Websites that interact with our Website, other user’s content or information without legal written consent.
   5. You will not use or upload any spider, scraper, virus, robot, crawler or any other automated means to access our Website or extract any other user’s data or personal information.
   6. You will not solicit login information or access an account belonging to someone else.
   7. You will not use the Website or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests.
5. PAYMENTS
   1. Tendering Center offers a range of subscription plans to its Services.
   2. You will select your Plan as part of your registration for the Services, which will be activated after a 30-days Free Trial period. Each billing period for a Plan will be based on the subscription period chosen/sold (e.g. annually, semi-annually, quarterly). You may choose to be billed for the Plan annually or in less than annual increments (e.g.quarterly or semi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.
   3. At the end of your current subscription period, you will be notified about the upcoming end of the billing cycle and in order to renew the subscription Plan you will be asked to perform payment using your credit card or KNET account.
   4. To view the specific details of your Plan, including pricing information and the end date of your subscription period, login to your account on the Tendering Center Website and click the “Subscription” button on your company profile page or contact us at contact@tenderingcenter.com.
   5. The fees for your Plan are billed in advance of each billing cycle.
   6. In case you decide to cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services.
   7. The Plan changes (upgrades or downgrades) will be applied to the next billing cycle if it starts in more than thirty (30) days after Plan change.
   8. We may change the fees for the Services at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees.
6. CANCELLATION AND REFUND POLICY
   1. No refund will be allowed once the payment has been made.
7. EXCLUSION OF LIABILITY
   1. You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents or other partners, authors and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
      1. the accessing of, or the inability to access, the Website, the use of, or the inability to use the Website, all implied warranties, Terms and Conditions relating the Website;
      2. unauthorized access to or alteration of any of your transmissions or data, including any User Content;
      3. any warranty, terms or conditions as to the accuracy, operability, completeness, quality of the Website.
8. WARRANTIES AND DISCLAIMERS

   We are using a commercially reasonable level of skill and care to maintain the security of the data provided to us by the User and we hope that our User would enjoy the use of our Website. Though, we maintain highest standards of accuracy in order to maintain our credibility, but we hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on the Website is accurate, complete, up-to-date or free from errors or omissions.

9. INDEMNITY
   1. You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:
      1. access and use of the Website or any Website contents thereof;
      2. violation of the Terms and Conditions;
      3. violation of privacy policy or
      4. violation of any rights of another.
10. COPYRIGHT
    1. All copyright in the very idea and its expression of content of the Website, all the functionalities of the Website and all materials, contained in or available through the Website are owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the Website.
    2. Except to the extent otherwise specifically authorized by the Provider and/or the proprietary holders:
       1. you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all material, or create any derivative works thereof, and you may not use any of the material in connection with any commercial endeavours, whether in whole or in part;
       2. you may not alter the text, graphics, images, audio visual or any other materials.
    3. Any unauthorized reproduction, publication, further distribution or public exhibition of the material, in whole or in part, is strictly prohibited.
    4. In addition, the domain name, the Provider's name, logo, other names and logos of the Provider as may be created, produced or used from time to time ("Marks") are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission you agree not to display or use in any manner the Marks for any purpose whatsoever.
11. MODIFICATIONS TO THE WEBSITE, CONTENT AND TERMS AND CONDITIONS
    1. The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.
    2. It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions you must immediately stop using the Website.
    3. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, and/or amendments to the Terms and Conditions. Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.
12. OFF SITE LINKS
    1. In order to offer increased value to our Users, the Provider may provide, or third parties may provide links to other websites or resources, which you may access at your sole discretion. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
    2. You understand and acknowledge the Provider has no control over such sites and resources. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising which may or may not be provided by or through these sites. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
    3. You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. EMAIL POLICY
    1. We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate materials. We reserve the right to take such action as we in our sole discretion deem fit in respect of such content.
    2. Where appropriate we will endeavour to respond to all emails within 3 business days of receipt, but we cannot and do not guarantee to respond to any emails. All emails will generally be stored for 6 months after which they will be deleted automatically. Any email sent to the incorrect destination is liable to be deleted immediately.
14. PRIVACY POLICY
    1. The use of any personal information collected from you is subject to our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
    2. Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
    3. We use cookies for the user session only and thus do not collect any personal information from the User.
15. NO THIRD PARTY BENEFICIARIES
    1. You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions, and that you may not assign your profile or registration to any other persons.
16. NOTICES
    1. If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Website or Services offered through or in connection with the Website.
17. GOVERNING LAW
    1. These Terms and Conditions and any obligations arising out of or in relation to the Terms and Conditions shall be governed by and construed in accordance with the laws of Kuwait.
18. JURISDICTION
    1. You understand, agree and acknowledge that the Courts of the State of Kuwait are to have jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the Terms and Conditions and for such purposes irrevocably submit to the jurisdiction of the aforesaid Courts.
19. ENTIRE AGREEMENT
    1. The Terms and Conditions constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with the Website, superseding any prior agreements between you and the Provider.
    2. You also may be subject to additional Terms and Conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
20. WAIVER AND SEVERABILITY OF TERMS
    1. The failure of the Provider to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
    2. If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
21. VIOLATIONS AND INFRINGEMENTS

    Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing the Provider at contact@tenderingcenter.com.