Conditions of Use, Watoto Procurement portal

Last updated: 15th Feb 2021

Welcome to Watoto procurement portal and/or its affiliates. We are an exuberant Church that celebrate Christ and Care for the Community, this procurement portal has been developed to foster efficiency and maximize on providing excellent procurement services to all our external and internal stakeholders. The procurement function Unit provides all these procurement services; Online prequalification, Online bidding, Online Disposal of Goods and Assets, E-invoicing and reconciliation of statements and efficient online communication channels with our stakeholders subject to the following conditions.

By using all services specified for use on the Watoto Procurement portal, you agree to these conditions. Please read them carefully.

This portal shall offer the services described above or provided as is. The Watoto Procurement team at any time may enhance the functionality and such added features shall be used to the advantage of the Watoto Procurement Disposal unit’s desecration. you also will be subject to the guidelines, terms, and agreements applicable to the Procurement portal Service Terms. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Procurement Portal Privacy Policy, which also governs your use of Services offered by the same, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use this procurement portal, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, such as our Message Center (Twak.to), and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through this portal’s Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Watoto Procurement or its third party (Jentroy U Ltd) providers or its content suppliers are protected by the laws in Uganda and international copyright laws. The compilation of all content included in or made available through any Service offered on this Procurement portal is the exclusive property of Watoto Church and protected by Uganda and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service offered on the Watoto procurement portal are trademarks or trade dress of Watoto Church. Watoto Church’s trademarks and trade dress may not be used in connection with any product or service that does not belong to Watoto Church, in any manner that is likely to cause confusion among users on the portal, or in any manner that disparages or discredits Watoto Church. All other trademarks not owned by Watoto Church that appear in any Watoto Procurement portal Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Watoto Church.

PATENTS

One or more patents owned by Watoto Church apply to the Services offered by this portal and to the features and services accessible via the Watoto procurement portal Services. Watoto Church and its affiliates (Power FM, KPL and any other) are permitted to use the services offered on the portal and all acceptable portal users shall deal with them as such.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Watoto Church or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services offered on the procurement portal. Any collection and use of any product listings, descriptions, or prices; any derivative use of any Service offered on the procurement portal or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Watoto Church or its, rightsholders, or other content providers. No Watoto procurement portal Service, nor any part of any Watoto procurement portal Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Watoto Church. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Watoto Procurement portal without express written consent. You may not use any meta tags or any other "hidden text" utilizing Watoto Church’s name or trademarks without the express written consent of Watoto Church. You may not misuse the Procurement portal Services. You may use the Watoto Procurement Services only as permitted by law. The licenses granted by Watoto Church terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Watoto Procurement portal account to use certain Procurement portal Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. To manage your payment options reach us under help and support. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password . Watoto Procurement portal does not trade with Minors/children, but it sells/Auction Children’s items to Adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Watoto Church portal Services only with involvement of a parent or guardian. Watoto Church reserves the right to refuse service, terminate accounts, terminate your rights to use the Procurement Portal Services, remove, or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, and other content; send e-invoices, upload company documents and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an Invoice/ local purchase order, formal contract, or Goods received note, receipts, or other content. Watoto Church reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Watoto Church a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Watoto Procurement and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Watoto Church for all claims resulting from content you supply. Watoto Church has the right but not the obligation to monitor and edit or remove any activity or content. Watoto Church takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Watoto Church respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please get in touch with our team at Watoto by writing to us at procurement@watotochurch.com

RISK OF LOSS

All purchases of physical items under disposal of goods and assets from Watoto Procurement portal are made pursuant to anybody but not Watoto Church. This means that the risk of loss and title for such items pass to you upon sale.

RETURNS, REFUNDS AND TITLE

Watoto Church does not take title to returned items after online auction for disposal of goods and assets is done. All items sold under the disposal of goods and Assets are sold on “as is” basis. At our discretion, a refund may be issued without requiring a return. In this situation, Watoto Church does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Watoto Church attempts to be as accurate as possible. However, Watoto Church does not warrant that product descriptions or other content of any Services offered on the Watoto Procurement portal is accurate, complete, reliable, current, or error-free.

PRICING

Watoto Church reserves the right to set reserve prices for all items included on the online Auction platform.

With respect to items auctions by Watoto Church, we cannot confirm the reserve price of an item.

APP PERMISSIONS

When you use apps designed to support the procurement portal, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS

You may not use any Watoto Procurement portal Service if you are the subject of Uganda sanctions or of sanctions consistent with Uganda’s law imposed by the governments of the country where you are using Watoto Procurement portal Services. You must comply with all Uganda or other legal restrictions that may apply to goods, software, technology, and services.

You may not use any Watoto Procurement portal Services if you are the subject of blacklist as listed by the PPDA.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WATOTO PROCUREMENT PORTAL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WATOTO PROCUREMENT PORTAL SERVICES ARE PROVIDED BY WATOTO CHURCH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WATOTO CHURCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WATOTO PROCUREMENT PORTAL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WATOTO PROCUREMENT PORTAL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WATOTO PROCUREMENT PORTAL SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WATOTO CHURCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WATOTO CHURCH DOES NOT WARRANT THAT THE WATOTO PROCUREMENT PORTAL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WATOTO PROCUREMENT PORTAL SERVICES, WATOTO PROCUREMENT PORTAL’S ELECTRONIC COMMUNICATIONS SENT FROM THE PORTAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WATOTO CHURCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WATOTO PROCUREMENT PORTAL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WATOTO PROCUREMENT PORTAL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Watoto Procurement portal Service, or to any products or services sold by auction by Watoto Procurement porta or through Watoto Procurement porta will be resolved by binding arbitration, rather than in court , except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent

We will reimburse those fees for claims totaling less than $ 500 unless the arbitrator determines the claims are frivolous. Likewise, Watoto Church will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Watoto Procurement Portal Service, you agree that the Law of Uganda without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Watoto Church.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy and Service terms. These policies also govern your use of the Watoto Procurement portal Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Watoto Church

P.O. Box 26336

Kampala Uganda,

Plot 72. Bombo Road

https://www.watotochurch.com

ADDITIONAL PROCUREMENT PORTAL TERMS

The following terms apply to any related documentation we make available to you in connection with Watoto Procurement portal Services

All software used in any Watoto Procurement portal Service is the property of Watoto Church or its software suppliers and is protected by Ugandan and international copyright laws.

1. Use of Third-Party Services. When you use the Watoto Procurement portal Software, you may also be using the services of one or more third parties, such as Twak.to. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

2. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Watoto procurement portal Software, whether in whole or in part.

3. Updates. We may offer automatic or manual updates to the Watoto Procurement portal Software at any time and without notice to you.

4. Government End Users. If you are a Uganda Government end user, we are licensing the Watoto Procurement Portal Software to you as a "Commercial Item". The rights we grant you to the Watoto Procurement portal Software are the same as the rights we grant to all others under these Conditions of Use.

5. Conflicts. In the event of any conflict between these Conditions of Use and any other Watoto Procurement Portal or third-party terms applicable to any portion of the Procurement Portal Software, such as open-source license terms, such other terms will control as to that portion of the Procurement Portal Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Watoto Church accepts service of subpoenas or other legal process only through Watoto Church’s contracted agent,

Watoto Church

P.O. Box 26336

Kampala Uganda,

Plot 72. Bombo Road

Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Amazon devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online communication channel procurement@watotochurch.com This email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

Written claims concerning copyright infringement must include the following information:

· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.

· A description of the copyrighted work that you claim has been infringed upon.

· A description of where the material that you claim is infringing is located on the site.

· Your address, telephone number, and e-mail address.

· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.