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Version 1.0 | 1 October 2021

TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) apply to www.egpuganda.go.ug and any other sub domain (collectively referred to as Websites).  “www.egpuganda.go.ug” and its subdomains are websites operated by the Government of Uganda as per the Public Procurement and Disposal of Public Assets Act 1 of 2003. 

By accessing or using this website, and the content and procurement related services available via the Websites, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Websites.  If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Websites. 

Definitions

"Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, reports, documents, information, data and any other work.

“PDE” means Procuring and Disposal Entity 

“PPDA” means Public Procurement and Disposal of Public Assets Authority

“eGP” means Electronic Government Procurement solution.  eGP automates the public procurement process and enables the interactions of Government with suppliers. 

“Registered User” means a User who has registered and created an Account on eGP to access to the ‘PDE’ or ‘Supplier’ functionalities. Certain functionalities are only available to registered users.

“User” means all users of a Website.

“you" means you as an individual user of a Website.

About the Websites

The Websites provides information about Government Procurement. References to “the Website,” “the Websites”, and “www.egpuganda.go.ug” include all software, content and features provided within the relevant Website(s).

The Websites offer a range of interactive features, such as access to PDE and Supplier functionalities, PDE Notices, information on contracts awarded, PDE Plans, Best Evaluated Bidder Notices, and other publicly accessible procurement related information. 

Your responsibilities 

Acceptable conduct

You will use the Websites only for lawful purposes.  If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us via our contact form and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited conduct

• Post, transmit or otherwise make available through the Websites any materials that are or may be: fraudulent, invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, spyware or other computer code, file or program (each, a “Virus”).
• Use the Websites for any purpose that is fraudulent or unlawful.
• Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Websites.
• Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly prohibited by applicable law.
• Use any robot or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Websites, (b) reproduce or circumvent the navigational structure or presentation of the Websites, or (c) Harvest or collect information about users of the Websites without the PPDA’s express prior written consent.

If you do not comply with these Terms, we may suspend your access to the Websites or take any other steps we consider appropriate.

Requirements to Use the Websites 

If you are using the Websites on behalf of a supplier or other organisation, you represent and warrant that you have the ability to agree to these Terms on behalf of such organisation and all references to "you" throughout these Terms will include such organisation, jointly and severally with you personally.

Registration

Features 

The PDE and Supplier features of the Websites are available only upon registration. 

How to register

To register, you will need to provide certain information about yourself and create a username and password. This combination of information (“Account”) will be your Account as a Registered User. 

Registrations may be accepted, rejected or cancelled by us at any time and for any reason.  If your registration is cancelled, you will continue to have access to the Websites; however, you will no longer have access to features available only to Registered Users.

Responsibilities of Registered Users

• Taken on sole responsibility for your account and all actions that occur under your account
• Provide true, current, accurate and complete information about yourself as requested by us from time to time and notify us promptly of any changes to your information so that your Account information is current, complete and accurate as per the Personal Data Protection and Privacy Act
• Maintain the confidentiality and security of your Account, including your username and password
• Notify us immediately of any unauthorised use of your Account, Account password as well as any breach of security with respect to your Account or Account password
• Assist us, if and as we request, to stop or remedy any breach of security related to your Account.

Deactivation 

If you as a registered user deactivates your account, you acknowledge and agree that we shall retain a copy or copies of same for archival or compliance purposes with the Public Procurement and Disposal of Public Assets Act 1 of 2003. 

Third-Party Content

The Websites may contain links to websites made available by third parties (collectively, "Third Party Content"). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.

Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Websites as set out in these Terms. 

We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy notices of the providers of the Third Party Content).

Open Source  

The Websites may include open source components, which are licensed for use and distribution by us under applicable open source licenses.  Use of these open source components is governed by and subject to the Terms and conditions of the applicable open source license.

Liability and Warranties

Warranties

eGP makes no representations or warranties about the site, which is provided “as is”.  To the maximum extent permitted by law, we exclude all implied warranties regarding the site, including without limitation, the warranties of fitness for purpose, title, and non-infringement.

Limitation of Liability 

You acknowledge and accept that use of the Websites is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, neither PPDA nor any PPDA Parties are liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PPDA PARTIES DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.

Other legal provisions

Maintenance of the Websites 

Our site is made available free of charge. We may temporarily suspend or withdraw or restrict the availability of all or any part of our site for operational reasons. Our service desk will give reasonable notice of any suspension or withdrawal.

Our Remedies 

Without limiting any of our rights, we may suspend, restrict or terminate your use of the Websites without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the Terms, including but not limited to any of your responsibilities as set out above.

These terms of use, their subject matter and their formation, are governed by Ugandan law. You and us both agree that the courts of Uganda will have exclusive jurisdiction.

Interpretation 

In these Terms, the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms.

Notices

Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms:

• by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;
• by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted via the contact form

Assignment 

We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will be kept updated or amended to the benefit of and bind you and us. 

Relationship 

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Websites.

Force Majeure 

Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, health pandemics, war, riots, strikes and accidents.

Complaints and Inquiries

You may contact us for any complaint or inquiry using the following information:

Phone:             +256414-707483

E-mail:             servicedesk@egpuganda.go.ug

Physical Address:

5^th Floor, Tall Tower

Crested Towers

Hannington Road

Kampala – Uganda

Updates

These Terms and Conditions may be updated at any time to reflect changes in this service and will be published here. You should check this website frequently to see any recent changes.