THESE TERMS AND CONDITIONS ARE BINDING ON AND ENFORCEABLE AGAINST A PERSON WHO ACCESSES THE GCOMMERCE PROCUREMENT PORTAL
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions, unless the context otherwise indicates, the singular includes the plural and vice versa, and –
1.1 “Organ of State” collectively means all bodies contemplated in section 239 of the Constitution of the Republic of South Africa;
1.2 “Person” means a natural or juristic person;
1.3 "Personal Information" shall have the meaning ascribed thereto in terms of the Protection of Personal Information Act No. 4 of 2013;
1.4 “Portal” means the gCommerce Procurement Portal;
1.5 “SITA” means the State Information Technology Agency (SOC) Limited, being a public entity listed as a Schedule 3A National Public
Entity in terms of the Public Finance Management Act;
1.6 “Terms and Conditions” means these terms and conditions for the gCommerce Procurement Portal , as may be amended or replaced from time to time.
1.7 “Users” means the following people:
1.7.1 Suppliers, who are registered as prospective suppliers of goods or services to an Organ of State on the Central Supplier Database;
1.7.2 Item Master;
1.7.3 Configurator;
1.7.4 Double Capture Assigner;
1.7.5 Report Viewer;
1.7.6 Panel Score Members;
1.7.7 User Administrator,
and any other person designated by SITA as a User.
2. CONDITIONS OF ACCESS TO AND USE OF THE PORTAL
2.1 User
2.1.1 By accessing and using the Portal , the User acknowledges that he or she has read, understood and agrees to be bound by the Terms
and Conditions set out herein below. If the User does not wish to be bound by these Terms and Conditions, the User should not access and use the Portal.
2.1.2 The User agrees that access and use of the Portal is entirely at the User’s own risk and the User assumes full responsibility and
risk for use of the Portal and information submitted.
2.1.3 The User agrees that the Portal shall not be used for any unlawful purpose, including but not limited to committing a criminal offence
or transmitting unlawful material.
3. DISCLAIMER.
3.1. The User acknowledges that the Portal may not be accessible due to maintenance activities or due to circumstances beyond
the reasonable control SITA, including but not limited to virus infection, unauthorised access or hacking, power failure or a fault
with a telecommunications network, a problem with third party computer network or any other instance of force majeure beyond SITA’s reasonable control.
3.2 The User acknowledges and undertakes that when the Portal is not accessible, the User will, if he or she wishes to participate in any procurement
process of SITA or an Organ of State, submit all the required information and documents manually or any other manner accepted by SITA or an Organ of State.
3.3 SITA disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the
User’s access to or use of the Portal.
4. INTELLECTUAL PROPERTY
4.1 All content on the Portal , including but not limited to text, graphics, logos, images, clips, digital downloads, data and software is the intellectual
property of SITA and is protected by South African law. All the rights pertaining to the said content are reserved.
4.2 The User undertakes not to do anything that may infringe SITA’s intellectual property rights, including but not limited , to
unauthorised copying, reproduction, modification, retransmission, distribution , dissemination, sale, publication or other circulation or
exploitation of such material, and undertakes to comply with all laws applicable to any intellectual property rights .
4.3 Any use, distribution or reproduction of the Portal content is prohibited unless expressly authorised in terms of these Terms and
Conditions or otherwise provided for in law.
5. CONFIDENTIALITY
5.1 SITA undertakes that it will treat as confidential the information submitted on the Portal and that such information shall be collected,
processed and stored in a manner as required by South African law.
5.2 SITA will take all reasonable steps to protect the information submitted by the User on the Portal and will not disclose it to any Person,
save for the purpose of dissemination to an Organ of State for procurement purposes.
5.3 SITA agrees to limit disclosure of such information to the Users who require access to the information in the performance of their
duties in the procurement of goods and services.
6 UPDATING OF THE TERMS AND CONDITIONS
SITA may from time to time change, modify, add to or remove any or all of these Terms and Conditions. Changes to these Terms and Conditions
will take effect when published on the Portal . The User , must periodically check these Terms and Conditions for any changes or updates.
7 SEVERABILITY
If any provision of these Terms and Conditions is held by a court to be invalid, unlawful or unenforceable, that provision will be severable from the
remaining provisions of these Terms and Conditions which will continue to apply and be enforced. If any provision so held to be invalid, unlawful or
unenforceable, is capable of amendment to render it valid, lawful or enforceable, SITA may amend it to rectify the defect.
8. APPLICABLE LAW
These terms and conditions including all matters arising from or in connection therewith are governed by, and to be interpreted and enforced in
accordance with South African law.