Supplier Terms of Service

1. Definitions

TenderAsili is a cloud-based procurement and supplier-sourcing platform operated by TenderAsili Limited ("TenderAsili", "we", "us"). In these Supplier Terms:

• "Supplier", "you" means the business or individual that registers on TenderAsili to be discovered by, prequalify with, or bid on opportunities from buyers, together with its authorized representatives.
• "Buyer" means an organization that runs sourcing activities on the platform.
• "Sourcing event" or "RFx" means any request for quotation, request for proposal, tender, prequalification, or expression of interest published by a buyer.
• "Services" means the TenderAsili applications, website, content, and features made available to you.

2. Acceptance and Eligibility

By accessing or using the Services you confirm that you have read, understood, and agree to these Supplier Terms, our general Terms & Conditions, and our Privacy Policy. You represent that you are at least 18 years old and, where you register on behalf of a business, that you have authority to bind that business.

If you do not agree, you may not access or use the Services. We may suspend, deny, or withdraw access where these Supplier Terms are breached.

3. Supplier Account and Accuracy of Information

To use the Services you must register a supplier account and provide accurate, complete, and current information, including company details, tax and registration status, certifications, and supporting documents. You are responsible for keeping this information up to date.

You represent and warrant that all information you submit is truthful and accurate, and you acknowledge that both TenderAsili and buyers are entitled to rely on it. Providing false, misleading, or fraudulent information may result in suspension or removal from the platform and disqualification from sourcing events.

You are responsible for the confidentiality of your login credentials and for all activity under your account, and must notify us immediately of any unauthorized use.

4. Prequalification and Discoverability

Buyers may request information from you through questionnaires or evaluation criteria relating to your registration, qualifications, capability, capacity, performance, or compliance. Where you consent, TenderAsili may make your supplier profile discoverable to buyers whose requirements match your classifications and location, so that you can be invited to relevant opportunities.

You may manage or withdraw this discoverability consent at any time through your account settings, in accordance with our Privacy Policy.

5. Participation in Sourcing Events

For each sourcing event you may be presented with additional terms set by the buyer relating to that specific event. You are responsible for reviewing and complying with those terms and for the accuracy and completeness of the bids, quotes, and documents you submit.

Submitting a response does not guarantee any award or engagement. The buyer has final responsibility for evaluation and award decisions, and 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 or awards any contract.

6. Fees and Payment

Certain activities — such as subscriptions or participation in particular sourcing events — may require payment of a fee, which will be disclosed before you incur it. Payments may be made by M-PESA or other mobile money, card (Visa/Mastercard), or bank transfer, with details shown at checkout. Card payments are processed by our PCI-DSS-compliant payment partner; TenderAsili does not store full card details.

Fees are non-refundable except where a payment was made in error or in excess. Where a refund is due, reasonable evidence may be required and refunds may take up to five (5) business days to process. Cancelling or downgrading a subscription does not entitle you to a refund of fees already paid.

7. Acceptable Use and Ethics

You agree to act ethically and lawfully in all dealings on the platform and to notify TenderAsili and the relevant buyer of any practice inconsistent with the fair operation of a sourcing event. You agree not to:

• post or transmit unlawful, fraudulent, harassing, defamatory, or obscene content;
• submit counterfeit, stolen, or misrepresented goods or information;
• interfere with the proper working, integrity, or security of the platform;
• upload viruses or other harmful code;
• scrape, data-mine, copy, reverse engineer, or create derivative works of the platform except as permitted by law;
• resell or redistribute platform content, or use it to operate a competing service.

8. Data Protection and Sharing With Buyers

By participating in a sourcing event or making your profile discoverable, you consent to TenderAsili sharing your submitted information and communications with the relevant buyer for the purpose of that event. TenderAsili handles your personal data in accordance with our Privacy Policy, and you retain your rights under the Kenya Data Protection Act, 2019, including the right to access, correct, or withdraw consent, and to complain to the ODPC.

9. Intellectual Property and Content Licence

The Services and all rights in them remain the property of TenderAsili and its licensors. You retain ownership of the content you submit, but you grant TenderAsili a licence to host, store, reproduce, and share that content as necessary to operate the Services and facilitate sourcing events. You may not use the TenderAsili name, logo, or trademarks without written permission.

10. Disclaimers and Limitation of Liability

The Services are provided on an "as is" and "as available" basis, without warranty of any kind to the maximum extent permitted by law. TenderAsili does not warrant the continuous availability of any opportunity or that participation will result in an award.

To the maximum extent permitted by law, TenderAsili shall not be liable for any indirect or consequential loss, or for erroneous or misrouted payments arising from inaccurate information you provide. TenderAsili's aggregate liability shall not exceed the fees you paid for the Services in the six (6) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless TenderAsili, its officers, directors, employees, and agents from any claim, loss, liability, or expense (including reasonable legal fees) arising from your use of the Services, the information or bids you submit, your breach of these Supplier Terms, or your violation of any law or third-party right.

12. Suspension and Termination

We may suspend or terminate your access to the Services, with or without notice, if you breach these Supplier Terms, provide false information, or use the Services unlawfully. You may stop using the Services at any time. Provisions that by their nature should survive termination will continue to apply.

13. Governing Law and Dispute Resolution

These Supplier Terms are governed by 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.

14. Changes to These Terms

We may update these Supplier Terms from time to time. Revised terms take effect when posted, with an updated effective date and version above. Your continued use of the Services after changes are posted constitutes acceptance of the revised Supplier Terms.

15. Contact Us

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