TERMS AND CONDITIONS OF USE OF POWER MEDIA, SA WEBSITE
Please read carefully.The use of the website www.tenders.co.mz, as well as the relationship between the user and POWER MEDIA, SA shall be governed by the present Terms and Conditions in association with any specific terms set on each page of the sites in question. If you do not agree with the present terms, please do not use this Website to hire POWER MEDIA, SA’s services.
It is not allowed the assignment, sublicensing or transfer, by the user, of any other form, of any of his rights provided under the present Terms and Conditions. If any of the provisions set in the present Terms and Conditions is determined by a court of competent jurisdiction to be invalid, the nullity of such provision shall not impact on the validity of the remaining provisions included in these Terms and Conditions that shall remain in full force and validity. Non-execution by either party of any of the rights or resources under the present Terms and conditions shall not constitute relinquishment of such rights or resources.
2. Use of the Site
The present Site is placed at pecuniary interest – as per the table attached herein – available for the user for its individual use, subject to the present Terms and Conditions. The use of the present Site is deemed to be an acceptance of the Terms and Conditions. The use of the Site implies that the user must be age (minimum 18 years old) and may sign binding contracts. The user shall be financially responsible for all and any use of the Site undertaken by him. It is not allowed the use of the Site for the following: spread or post any type of material of unlawful, threatening, calumnious, accusation, defamatory, obscene, indecent, inflammatory, pornographic nature, or of any material or information that may constitute or trigger conduct regarded as a criminal offense, which may jeopardise civil liability, or that may break any law; or to any other unlawful purpose or prohibited under the present Terms and Conditions. We reserve the right of, at any time and without prior notification, prevent or limit user’s access to all or part of the Site.
3. Availability of the Site
The present Site can be accessed from anywhere in the world, by any persons that have access to an Internet connection. However, the Site may not be permanently available due to maintenance or restoration operations, or due to problems or informatics and Internet service failures or other unforeseen circumstances. The Site contains information concerning our products and services at national and international level, of which not all shall be available in all branches. Any reference to a product or service posted on the Site does not entail that such product or service is available or that may be reached at the user’s location. The content of the Site, including the content of the commercials, is meant to be used and presented only where its utilization and presentation is allowed, under the applicable laws and regulations.
4. Content presented on the Site
All elements contained on the Site and information sent by electronic mail are protected by copyright, trademark, rights of data protection and privacy and other rights of intellectual property, and they are property of POWER MEDIA, SA. The user may access and visualise contents of the Site on a computer screen, print individual pages on paper (but shall not photocopy them) and store such pages in electronic form in a CD (but not in a server or other storing equipments connected to a network) for personal, and non-commercial purposes. The user is not allowed to carry out any form of reproduction, alteration, copy or distribution whatsoever, or to use any of the contents for commercial purposes, without prior written authorization by POWER MEDIA, SA. The user shall not be granted any licence under the present Terms and Conditions, for the use of any trademark or procured by POWER MEDIA, SA.
5. Limitation of Liability and Disclaimer
Although POWER MEDIA, SA takes all possible measures to ensure accuracy of the content on the Site, the information is quite general and it does not aim at comprising all analytical features concerning the products or services referred to within the Site. Thus, POWER MEDIA, SA does not guarantee that the content shall be adequate to the particular user’s circumstances or that it may satisfy his specific needs. POWER MEDIA, SA, shall not be held responsible for any errors or omissions deemed to be out of its reasonable control that may affect any contents on the Site. POWER MEDIA, SA, does not guarantee that access to the Site shall be ceaseless or fully free from failures. POWER MEDIA, SA is not responsible, in any circumstance whatsoever, for any damages, consequences or incidents (including, but not limited to loss of revenues, loss of privacy and loss of data) or for any indirect, special or punitive damages, which may result from or be related to the use of the Site. The Site may include links with access to other websites that are not within the scope of our control which are not governed by the present Terms and Conditions. Shall the user access such Sites resorting to the provided links, the availability and contents of such Sites shall be under operators’ responsibility therein.
Shall the user register or provide personal data through the Site, they must ensure that the data provided in the registration process or at any time is accurate, complete and legitimate. The user shall notify immediately for any necessary changes about the information provided in the registration process. The personal information provided through the safe server is guaranteed that shall remain fully confidential.
7. Changes to the present Terms
POWER MEDIA, SA reserves the right, at its sole discretion, to carry out any changes in any part of the Site. As a consequence of its updating policy, POWER MEDIA, SA, may wish to alter the present Terms and Conditions (including those concerning the use of the contents). Shall there be made any changes in the Terms and Conditions, POWER MEDIA, SA, will notify the user, showing at the beginning of the present Terms and Conditions the date of the last update. It is, therefore, important that whenever the user accesses the Site check if there is any notification about changes in the Terms and Conditions. The use of the Site after publication or notification on changes by POWER MEDIA, SA, shall entail acceptance of changes therein. Shall the user not agree to abide by such changes, they must not continue using the Site.
8. Advertising and Sponsorship
Part of the Site may contain publicity and sponsorship. The announcers and sponsors shall be responsible for making sure that the material provided to be posted on the Site conforms to the relevant legislation. POWER MEDIA, SA shall not be held responsible for any errors or inaccuracies related with the advertising or sponsorship materials that belong to others.
9. Promotions and Special Offers
POWER MEDIA, SA may make available on the Site information concerning specific services, special offers or promotions that may be undertaking. Such services, special offers or promotions shall be subject to terms, conditions and specific restrictions on the Site in association with such services, special offers and promotions therein. Any service, special offer or promotion shall be cancelled if it is prohibited under the law. The user shall check and read carefully the terms, conditions and restrictions included on the Site related to each of the services, special offers or promotions.
10. Awards and Competitions
From time to time POWER MEDIA, SA may carry out competitions, award free prizes and sales on its Site. All these shall be subject to the terms and additional specific conditions that will be published when they shall be in course.
11. Competent Jurisdiction
The present Terms and Conditions shall be governed and interpreted according to the Mozambican law. Both parties agree, solely in the interest of the POWER MEDIA, SA business and the user’s interest, in the choice of the competent jurisdiction and exclusively the Mozambican courts, to judge and settle any lawsuit, legal actions or judicial proceedings that may rise or result from this contract; unless if it is agreed in this clause on the selection of the competent jurisdiction in the sole interest of the POWER MEDIA, SA and user’s business, it is reserved the right to present legal actions in courts of competent jurisdiction in any other country.