By clicking on the ?ACCEPT? button below and continuing to use this Portal (http://ipms.ppra.co.bw), you are stating that you have read and agreed to the System Usage Agreement and Privacy and Confidentiality Policy below.

 

As soon as you click on the ?ACCEPT? button confirming your acceptance of the System Usage Agreement and Privacy and Confidentiality Policy, you will be sent an electronic copy of the System Usage Agreement and Privacy and Confidentiality Policy to your primary and secondary email address provided during initiation of the process of registration for your records. You are advised to save a copy of this email for future reference.

 

In case of any enquiry on these terms and conditions at any point in time after the acceptance of System Usage Agreement and Privacy and Confidentiality Policy, you are required to get in touch with the Service Desk on +267 360 2098 or 360 2099.

Date: 15^th March 2013

Version Number: 1.0

SYSTEM USAGE AGREEMENT

Public Procurement Regulatory Authority (?PPRA?), a parastatal body under the Ministry of Finance and Development Planning has implemented the Integrated Procurement Management System (?the System?) and related services. The scope of implementation of the System includes Contractor Registration Module, ITT Vetting Module, E-bidding Module, Adjudication Module, Capacity Building Module, Dispute Resolution Module, Document Management Module and Report Writing Module. The System will handle information on the sale and disposal of assets on the IPMS.

In a planned and a phased approach, all the Procurement Entities of Government of Botswana will migrate their procurement and disposal activities on to the System. Contractors domiciled within Botswana and who are interested in doing business with any Procuring Entity of the Government of Botswana will be required to register on the System. The System will be used as an electronic platform for centralised registration, and/or participation in Invitation to Tenders/Expression of Interests/Request for Proposal/Request for Quotations (?the Transactions?) of projects, works, goods and services (?the Items?) and participation in Capacity Building Programs. The System will be accessible through the Portal available on http://ipms.ppra.co.bw("the Portal").

This System Usage Agreement and the Privacy and Confidentiality Policy govern the Contractor?s use of the Portal and participation in the Transactions, and, together, constitute the "Terms and Conditions?. By clicking on the ?ACCEPT? button below on this Portal and continuing to use this Portal, YOU, the Contractor, accept and are legally bound by the Terms and Conditions and any modifications or amendments thereto. Continued access to the Portal and its services is subject to compliance with the Terms and Conditions and any breach of the Terms and Conditions will be pursued by legal action.

You will be notified of the modifications to the Terms and Conditions, including the System Usage Agreement and the Privacy Policy, and any amendments thereto as and when executed by PPRA. The Terms and Conditions, including the Usage Agreement and the Privacy Policy, may be modified at any time without notice and any such modification shall be effective immediately upon publishing on this portal.

By assenting to these Terms and Conditions, the Contractor agrees to periodically review the Terms and Conditions published on the Home Page of the Portal available on http://ipms.ppra.co.bwunder the link Terms of Use and be bound by any modifications or amendments thereto.

Contractors who have any questions or require any clarifications on the Terms and Conditions are requested to contact the Service Deskset up by PPRA.

1. Contractor?s Warranties

Through this electronic platform provided by PPRA, the Contractor can participate in the online transactions with the Procuring Entities and PPRA.

A USER OF THE PORTAL ON BEHALF OF THE CONTRACTOR ORGANISATION REPRESENTS AND WARRANTS THAT HE / SHE,

(1)    IS DULY AUTHORIZED TO CONSENT TO THESE TERMS AND CONDITIONS ON BEHALF OF HIS / HER RESPECTIVE ORGANISATION (THE CONTRACTOR)

 

(2)    IS DULY AUTHORIZED TO SUBMIT A TENDER OFFER;

 

(3)    CAN ENTER INTO A LEGALLY BINDING CONTRACT ON BEHALF OF THE CONTRACTOR, UNDER APPLICABLE LAW; AND

 

(4)    HAS THE RIGHT TO GRANT THE INTELLECTUAL AND INFORMATIONAL PROPERTY RIGHTS AT ISSUE UNDER THIS AGREEMENT, AND THAT SUCH GRANTS DO NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY.

2. User IDs, Passwords, and Secure Key Pairs

User IDs, Passwords, and Secure Key Pairs are confidential and proprietary. It is a violation of the Terms and Conditions for the Authorised User of the Contractor to disclose his / her password or share its User ID, Password, or Secure Key Pair with any personnel in the organisation of the Contractor, Third Parties, or to use its User ID, Password, or Secure Key Pair for any unauthorized purpose on the Portal. Contractor shall be held responsible for any unauthorized use of its User ID, Password, or Secure Key Pair issued.

The hash of the bid data prepared / submitted online should be signed electronically with a Secure Key Pair to establish the identity of the User from the organisation of the Contractor submitting the bid online. Authorised Users from the Contractor organisation may obtain Secure Key Pair from PPRA.

A Secure Key is issued upon receipt of identity documents along with an application form and other supporting documents. Only on the receipt of the required documents, a Secure Key Pair can be issued. It may take up to five (5) working days for issuance of the Secure Key Pair.

Bid data for a particular Invitation to Tender / Expression of Interests / Request for Proposal / Request for Quotations can be submitted using only one Secure Key Pair. It is important that the Users ensure adequate validity of the Secure Key Pair at the time they initiate the preparation of Bid data. In case, during the process of preparation of bid data in response to an Invitation to Tenders / Expression of Interests / Request for Proposal / Request for Quotations, the User loses his Secure Key Pair because of any problem (such as misplacement, virus attack, hardware problem, operating system problem, etc.); the User may not be able to complete the process of bid submission.

The Secure Key Pair issued to the Authorised User of a trade organisation / privately owned companies / publically owned companies / joint ventures will be considered as equivalent to a no-objection certificate / power of attorney for the User to bid on behalf of the organisation.

Unless the Secure Key Pair is revoked, it will be assumed to represent adequate grant of authority to the User to bid on behalf of the organisation. The digital signature executed through the use of Secure Key Pair of this Authorized User will be binding on the organisation.

It shall be the responsibility of Shareholders / Directors / Partners of the organisation to inform PPRA, if there is withdrawal in the authority of the User, and apply for a new Secure Key Pair for the new User.

3. Transacting on the Portal

Transactions on the Portal are governed by the Terms and Conditions. The specific terms and conditions of each transaction (such as procurement methodology, pre-qualification criteria, technical requirements, pricing, warranties, delivery, contract execution, etc.) entered into through the Portal are established between the Procuring Entity and / or PPRA and the Contractor(s). The Portal is an avenue through which the Procurement Entity and / or PPRA and the Contractor(s) can transact. The Procurement Entity and / or PPRA will decide who to do business with based on the procurement policies and best practices laid down in the documents governing the transactions.

4. Upgradation and Modification in the Portal Features

The features of the Portal may be upgraded and / or modified from time to time which may result in change of functionality / methodology of executing operations on the system. It shall be the responsibility of the Contractor to get its Authorised Users acquainted on execution of operations of the System through the assistance of the Service Desk of PPRA to effectively use the upgraded / modified features of the Portal. PPRA will endeavour to communicate such upgrades and / or modifications to the Contractors(s) through the Announcements section on the Home Page of the System or any other suitable means of communication.

5. Minimum System Requirements

The Contractor shall ensure minimum system requirements in terms of hardware, software and internet connectivity as suggested by PPRA to use the System. The Contractor is responsible for incurring all hardware, software, services and other costs and expenses to access information and / or conduct transactions over the Portal.

6. Email Alerts

To facilitate communications to the Contractor, the System is configured to send auto ? generated email alerts upon completion of certain events. The email alerts are sent in cases where a decision may be needed to be communicated to the Contractor or further information may be required from the Contractor or any clarification on the information submitted (by the Contractor may be required from the Contractor.

7. Stage Completion

In the process of preparing and submitting the bids online in the System, the Contractor has to complete the stages as set out for Contractor in the Key Dates Schedule for each Invitation to Tender / Expression of Interests / Request for Proposal / Request for Quotations. Failure to complete a previous stage in a sequence in the allowed time frame, will disallow the Contractor to complete the subsequent stage as a part of Key Dates Schedule. Failure to complete any stage, from all the stages required to be completed by the Contractor, will exclude the Contractor from participating in the process.

At the successful completion of each stage, the Contractor will be able to generate an online stage completion receipt. The receipt may be saved / printed at the choice of the Contractor. On completion of the stage, the Contractor will also get confirmation of stage completion through an automated email alert.

8. Transaction Fees

The Contractor agrees to pay the applicable registration, transaction, service, document, and / or submission fees (?the Fees?), as the case may be, for any transaction on the Portal as prescribed by PPRA. The Fees will be due to PPRA and / or Procurement Entity, as the case may be, upon demand by PPRA and / or Procurement Entity. The Contractor is responsible for incurring transaction / bank charges for bank guarantee checks or security deposit fees or online payments as may be levied by the Contractor?s bank or the online payment gateway service provider.

9. Audit Trails

As a part of the workflow, the System has a feature of maintenance of audit trail of transactions executed and activities carried out by the Contractor by way of operating on the Portal. All the transactions executed and activities carried out in the System are time and date stamped. In event of any dispute between the Procurement Entity and / or PPRA and the Contractor, the audit trail of the System will form a basis of resolution of the dispute.

10. Good Faith and Fair Dealing

The Contractor hereby agrees to act in accordance with the principles of good faith and fair dealing when transacting on or through the Portal. PPRA reserves the right to investigate any allegation or evidence of Contractor's failure to abide by the principles of good faith and fair dealing in connection with its use of the Portal, and to fashion and enforce remedies, in its sole but reasonable discretion, in order to address any violation of such principles. For example, but not by way of limitation, it is a violation of Usage Agreement to act or to initiate transactions on the Portal for the purpose of identifying potential buyers with whom such Contractor can negotiate off the Portal. If the Contractor engages in such activity, said Contractor will be liable to pay the applicable / appropriate damages and / or will be subject to such other sanctions as PPRA may determine as appropriate under the circumstances, in its sole but reasonable discretion.

11. Information published on the Portal

The Portal may contain news and information published by various Third Parties, some of which may contain facts, views, opinions, analysis and recommendations of individuals and organizations deemed of interest. PPRA does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse, these views, opinions, analysis, or recommendations. The Contractor assumes sole responsibility and risk for use of such content.

The Portal may contain links to third party websites not under the control or operation of PPRA. PPRA provides links only as a convenience and does not endorse, and is not responsible for the contents of any linked website / portal. The Contractor assumes sole responsibility and risk for use of such third party links.

Contractor's postings to the Portal are the sole responsibility of the Contractor. The Contractor hereby acknowledges and agrees that PPRA has no obligation to monitor Portal content or third party links, and expressly disclaims any responsibility of PPRA to filter any such content. However, PPRA reserves the right to take any action with respect to information posted on the Portal that PPRA deems inappropriate in its sole discretion, including but not limited to the immediate removal of offensive or harmful content, or suspension or termination of the Contractor's rights of use. The Contractor shall not post information on the Portal that is, or offer Products or services for sale that are:

·         fraudulent or related to the sale of counterfeit or stolen items;

·         infringing of any third party's rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;

·         transmitted anonymously or labelled under a false name;

·         in violation of any applicable law, statute, rule or regulation (including without limitation those governing export control, consumer protection, unfair competition, cartelisation, government / public sector procurement, anti-discrimination or false advertising);

·         obscene, indecent or pornographic;

·         defamatory, trade libellous, threatening or harassing.

In addition, the Contractor may not link directly or indirectly to, or include descriptions of, items (1) that are prohibited by this Usage Agreement or the fruits of such prohibited items, or (2) to which the Contractor does not have the right to link or include. The Contractor must obtain PPRA's express permission to link this Portal to his website. Furthermore, the Contractor may not post to PPRA or sell through the Portal, any Item that could cause PPRA to violate any applicable law, statute, ordinance, or regulation of the jurisdiction of Republic of Botswana.

As a convenience to the Contractor, PPRA may identify various organisations that provide payment, security, inspection, financial, insurance and other services, and PPRA may, from time to time, provide access to these services directly through the Portal. PPRA will not be a party to any agreement between a Contractor on one hand and a Third Party Provider on the other hand, or play a part in any negotiations between the parties involved. PPRA may, however, receive a commission, or other remuneration from Third Party Providers based on the provision of such services, access, introductions, or information to the Contractor.

12. Compliance with Laws

The Contractor shall comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Portal, bidding for the Items, and posting and retrieval of information (including without limitation those governing export control, trade, unfair competition, antitrust, government / public procurement, or false advertising). The Contractor hereby acknowledges that PPRA has an express policy of complying with Government and Competition laws, in particular with respect to Government and Public Procurement rules and regulations, and that the operation of the Portal is not intended to facilitate collusion or other illegal agreements among competitors. Accordingly, the Contractor hereby represents and warrants that it does not intend to and will not use the Portal to violate Competition laws or Government / Public Procurement rules and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive agreement among competitors.

13. Intellectual and Informational Property; Ownership

"Contractor Information" shall include any information the Contractor transmits to the Portal, or provides to the Procuring Entity and / or PPRA, including without limitation, all information provided in the registration, listing, and / or buying processes. Contractor Information includes contact information and Transactional Data as further described in the Privacy and Confidentiality Policy. The Contractor retains sole ownership of their Contractor Information.

"PPRA Information" includes, without limitation, all data, reports, analysis, procurement strategies, estimates, and performance results, developed or derived in connection with the operation of the Portal. PPRA Information shall not be specific or identifiable to any particular Contractor. The Contractor will have no ownership interest in or right of access to the PPRA Information.

With a view to eliminating any violation of any of the Contractor?s rights under these terms and conditions, the Contractor hereby grants to PPRA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to reproduce, transmit, distribute, and publicly display such information, and create derivative works from such information, in connection with the operation of the Portal, and PPRA's marketing, publicity and advertisement thereof in any form and media now known or currently unknown. Contractor Information will be used in accordance with the then-current Privacy and Confidentiality Policy, incorporated herein by reference. PPRA may refer to any Contractor as a User of the System in sales presentations, marketing presentations and marketing activities.

The Portal and all such Intellectual Property Rights included therein (including but not limited to copyrights, trademarks and service marks), are owned or licensed by, and all such rights, title and interest therein shall remain the property of PPRA. Certain trademarks and content are / may be licensed from third parties and all such third party trademarks and content, and all intellectual property rights related thereto, belong / will belong to the respective third parties.

14. System Integrity

The Contractor hereby agrees not to tamper in any way with the software or functionality of the Portal. Without limiting the foregoing, the Contractor agrees not to put any computer programs, information or data into the Portal which contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.

15. Confidentiality

The Contractor is responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy their particular requirements for the protection of their systems and / or accuracy of data input and output, and for maintaining a means external to PPRA for the reconstruction of lost data. The Contractor agrees not to invade another Contractor?s privacy, including, but not limited to, the breach or attempted breach of the security of another Contractor's computer, software or data. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.

16. License

Subject to the Terms and Conditions, PPRA hereby grants the Contractor a non-transferable, non-exclusive, non-sub-licensable license to use the System and the user interface for viewing and otherwise using the Portal and its services in accordance with these Terms and Conditions, and for no other purpose. All rights, title and interest in and to the software, user interface and content made available from, on or through this Portal shall belong to PPRA or its third party providers or suppliers, including all modifications thereof and enhancements thereto. The software and user interface made available from, on or through this Portal may not be copied, modified or distributed by the Contractor, nor may derivative works be prepared therefrom. The license granted pursuant to these Terms and Conditions is solely for the internal use of the Contractor, and may not be used for any purposes outside of the Contractor?s organization. The Contractor shall not reverse engineer, decompile, or otherwise translate, in any way, the software and user interface made available from, on or through this Portal. The Contractor shall have no right or claim of right to the software or any unique ideas found on this Portal. No ownership rights are granted to the Contractor hereunder and no title is transferred hereby.

17. Relationship

The Contractor and PPRA are Independent entities. No term or condition contained herein shall be construed as establishing or creating a relationship of principal and agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship.

18. Termination

In its sole discretion, PPRA may restrict or terminate the Contractor's usage of the Portal services, postings, or current bids immediately if the said Contractor breaches any of the Terms and Conditions, fails to pay any overdue amount as described in Section 6 above, or if PPRA is unable to verify or authenticate any information provided by the Contractor. In its sole discretion, PPRA can enforce this provision against individual Employees / Users of the Contractor, or the Contractor itself. Notice of termination must be provided in accordance with the requirements set forth in Section 21.

19. Statute of Limitations

The Contractor agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Portal or the Portal or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, failing which such claim or cause of action shall be forfeited and remain invalid.

20. Arbitration and Interim Relief

Any controversy or claim arising out of or relating to the Terms and Conditions, including, without limitation, this Usage Agreement, shall be settled by arbitration, by a single arbitrator knowledgeable in both commercial transactions and the Internet services businesses generally, in accordance with the applicable / governing Botswana Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Gaborone, and judgment on the arbitration award may be entered into the High Court having jurisdiction thereof. Neither the PPRA nor the Contractor may seek any interim or preliminary relief, from any court without serving the other party with a notice of intention to seek such relief (including details of relief sought and of the case to be made out in court) of not less than three (3) working days at its registered or known address. The Contractor and PPRA agree that any dispute regarding the validity or scope of this clause shall be commenced in the High Court and shall be governed by the laws of Botswana. The fees of the arbitrator shall be borne by the parties equally.

21. Notices

Except as explicitly stated otherwise or required by law, the Contractor shall provide any notices to the PPRA by courier or postal mail to Public Relations Officer, Public Procurement Regulatory Authority, Plot 8913, Maakgadigau Way, Gaborone West Industrial Site, Gaborone, Botswana or Private Bag 0058, Gaborone, Botswana and the PPRA shall provide any notices to the Contractor at the email and / or by courier / post to the physical or postal address that the Contractor provides to PPRA at registration, or such other address as either party shall specify in a notification in accordance with this section.

Email notices shall be given one (1) working day after the email is sent, unless the sending party receives notice that the address is invalid or the email has otherwise failed to reach the destination email address within such period. Postal / Courier notices shall be deemed given upon delivery to the receiving party.

22. Governing law and jurisdiction

This Usage Agreement and the relationship between the Contractor and PPRA, unless otherwise stated in a separate agreement between the Contractor and PPRA, shall be governed by and construed in accordance with the laws of Botswana, which shall mean the present laws, and any amendments thereto, or new laws passed during validity of these Terms of Usage. The Contractor, PPRA, and any other Third Party hereby submit to the exclusive jurisdiction of the High Court of Botswana.

23. Indemnification

Without limiting the generality or effect of other provisions of this Usage Agreement, as a condition of use, the Contractor agrees to indemnify, hold harmless, and defend PPRA and its employees / consultants, acting in their capacity of providing services and its agents (collectively, "Indemnified Parties" and each, individually, an "Indemnified Party") against all costs, expenses, liabilities and damages incurred by any Indemnified Party in connection with any third party claims arising out of (a) such Contractor's usage hereunder and / or engagement in transactions on the Portal, including, but not limited to, failure of any Products to meet specifications or breach of warranty, (b) such Contractor's failure to comply with any applicable laws and regulations (including without limitation those regarding the export/import of Products or technology) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (c) such Contractor's breach of any of its obligations set forth in the Terms and Conditions; and (d) infringement claims asserted against PPRA based on its use of Contractor's intellectual and informational property; and (e) such Contractor's agreements or transactions with Third Party Providers. The Contractor shall not settle any such claim without the written consent of the applicable Indemnified Party, which such consent shall not be unreasonably withheld.

24. Limitation of liability

IN NO EVENT SHALL PPRA, NOR ANY OFFICER, AFFILIATE, DIRECTOR, AGENT ACTING ON BEHALF OF PPRA, OR EMPLOYEE BE LIABLE TO THE CONTRACTOR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EARNINGS, OR BUSINESS OPPORTUNITIES, OR EXPENSES OR COSTS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING (HOWEVER ARISING, INCLUDING NEGLIGENCE) OUT OF THE USE OF THE PORTAL BY THE CONTRACTOR, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM OR ARISING OUT OF SUCH CONTRACTOR'S RELIANCE ON THE PORTAL, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE PORTAL; ANY AGREEMENT ENTERED INTO BETWEEN THE CONTRACTOR AND ANY THIRD PARTY (OR THE NEGOTIATIONS OR DISCUSSIONS CONDUCTED IN ANTICIPATION OF ANY SUCH AGREEMENT), WHETHER OR NOT SUCH THIRD PARTY IS A THIRD PARTY PROVIDER AS DEFINED IN THIS USAGE AGREEMENT; THE TERMINATION OR SUSPENSION OF CONTRACTOR?S USER ID AND PASSWORD BY THE SERVICE PROVIDER PURSUANT TO THE TERMS AND CONDITIONS; THE FAILURE, OR ALLEGED FAILURE, OF ANY PRODUCT OR SERVICE PURCHASED OR TRANSFERRED PURSUANT TO THE PORTAL TO CONFORM TO ANY SPECIFICATIONS OR TERMS, WHETHER PUBLISHED ON THE PORTAL OR NOT; THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY SUCH PRODUCT, SERVICE OR SHIPMENT; OR GOVERNMENT RESTRICTIONS, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND PPRA?S REASONABLE CONTROL. THE PPRA?S LIABILITY TO THE CONTRACTOR OR ANY THIRD PARTY IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF TRANSACTION FEES PAID BY SAID CONTRACTOR OR PARTY FOR THE TRANSACTION IN QUESTION GIVEN RISE TO LIABILITY, OR (B) BWP 1,000/- (BOTSWANA PULA ONE THOUSAND ONLY).

25. Miscellaneous Provisions

These Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the Contractor's use of the Portal, and supersede and replace any and all prior written or verbal agreements. Headings are for reference only. A party's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the Contractor and PPRA nor trade practice shall act to modify any provision of the Terms and Conditions. If any particular provision of the Terms and Conditions is held to be invalid or unenforceable, such determination shall not affect any other provision of the Terms and Conditions which shall remain in full force and effect. In addition, if any provision contained in the Terms and Conditions shall for any reason be held to be excessively broad as to activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. These Terms and Conditions may not be assigned or transferred to third parties by the Contractor without prior written permission from PPRA.

26. Copyright and Trademark Notices

The entire contents of the Portal are copyrighted under applicable copyright laws. PPRA or its licensors are the exclusive owners of the copyrights.

 

Date: 15^th March 2013

Version Number: 1.0

PRIVACY AND CONFIDENTIALITY POLICY

PPRA has a strong commitment to the privacy and the confidentiality of the information provided / submitted during execution of transactions by the Contractors on the Portal. PPRA provides this Privacy and Confidentiality Policy ("Policy") for the benefit of all of its Contractors. If you have any questions or concerns regarding PPRA's information practices, or this Policy, please contact the Service Desk on +267 360 2098 or 360 2099.

This Policy and the System Usage Agreement govern your use of the Portal and participation in the Portal, and, together, constitute the "Terms and Conditions?. By clicking on the "ACCEPT" button below,you are stating that you have read, agreed and are legally bound to the Terms and Conditions.

At any point in time after the acceptance of Terms and Conditions, a Contractor disagrees with any one or more of the terms and conditions stated, such Contractor is required to get in touch with the Service Desk on +267 360 2098 or 360 2099.

Notice to Non-Botswana Contractor. Please note that the information you enter on the Portal, or otherwise provide to PPRA, is warranted to be true and accurate. Any information found to be inaccurate may result in suspension and / or termination of the Contractor from transacting on the Portal and sourcing new business opportunities with any Procurement Entity of Government of Botswana.

Contact Information. When you register to participate on the Portal, PPRA will ask you for certain information that identifies you and allows PPRA to contact you ("Contact Information").Occasionally, PPRA may provide your Contact Information to its Business Partners whose products or services might be of interest to you. PPRA may name your organisation as a user of its services in advertising, promotional, and marketing materials.

PPRA may disclose aggregate information about Contractors with business partners, sponsors, and other third parties. This data is used to customize the content of the Portal, and to provide the best customer experience possible. Aggregate information will not reveal the identity of any individual or the organisation.

PPRA has implemented technical, and administrative measures to protect against the loss, misuse and alteration of all information under its control.

While PPRA provides links to the websites that share its respect for privacy, PPRA is not responsible for the information practices or the content of such websites.

Transactional Data. PPRA will collect data from your interaction with the Portal and your use of PPRA's products and services ("Transactional Data"). PPRA will maintain such Transactional Data in strict confidence and with complete security. PPRA may make limited use of Transactional Data, consistent with the Usage Agreement. PPRA will not disclose organisation-specific Transactional Data. Transactional Data will only be disclosed in aggregate form, without any information that would directly or indirectly reveal the identity of an individual firm. PPRA will disclose only historical Transactional Data. Any such disclosure will not threaten to reveal competitively sensitive information or provide the opportunity for anti-competitive behaviour.

Confidentiality of Identity of Contractors: The System is designed to keep the identity of the Contractors anonymous throughout the bidding process until the triggering of start time and date of first envelope opening, as the case may be, of the Invitation to Tenders / Expression of Interests / Request for Proposal / Request for Quotations.

AS SIGNIFIED BY MY ELECTRONIC CONSENT BY CLICKING ON THE ?ACCEPT? BUTTON BELOW, I HAVE READ, UNDERSTOOD, AND HEREBY AGREE TO ABIDE BY THE TERMS SET FORTH IN THESE TERMS AND CONDITIONS INCLUDING THE USAGE AGREEMENT AND THE PRIVACY AND CONFIDENTIALITY POLICY.