ELECTRONIC COMMUNICATIONS
When you use ProcurementInstitute, 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 the ProcurementInstitute mobile app or through the other Services belonging to Qoncept Exchange PTY LTD 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 any Services belonging to Qoncept Exchange PTY LTD , such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Qoncept Exchange PTY LTD or its content suppliers and protected by Botswana and international copyright laws. The compilation of all content included in or made available through any Qoncept Exchange PTY LTD Service is the exclusive property of Qoncept Exchange PTY LTD and protected by Botswana and international copyright laws.
TRADEMARKS
Click here to see a non-exhaustive list of Qoncept Exchange (Pty) Ltd trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Qoncept Exchange (Pty) Ltd Service are trademarks or trade dress of Qoncept Exchange (Pty) Ltd in the U.S. and other countries. Qoncept Exchange (Pty) Ltd’s trademarks and trade dress may not be used in connection with any product or service that is not Qoncept Exchange (Pty) Ltd’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Qoncept Exchange (Pty) Ltd. All other trademarks not owned by Qoncept Exchange (Pty) Ltd that appear in any Qoncept Exchange (Pty) Ltd Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Qoncept Exchange (Pty) Ltd.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Qoncept Exchange (Pty) Ltd 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 Qoncept Exchange (Pty) Ltd Services.
This license does not include any resale or commercial use of any Qoncept Exchange (Pty) Ltd Service, or its contents; any collection and use of any procurement listings or description; any derivative use of any Qoncept Exchange (Pty) Ltd Service 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 Qoncept Exchange (Pty) Ltd or its licensors, suppliers, publishers, rightsholders, or other content providers. No Qoncept Exchange (Pty) Ltd Service, nor any part of any Qoncept Exchange (Pty) Ltd Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Qoncept Exchange (Pty) Ltd. 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 Qoncept Exchange (Pty) Ltd without express written consent. You may not use any meta tags or any other “hidden text” utilizing Qoncept Exchange (Pty) Ltd ‘s name or trademarks without the express written consent of Qoncept Exchange (Pty) Ltd. You may not misuse the Qoncept Exchange (Pty) Ltd Services. You may use the Qoncept Exchange (Pty) Ltd Services only as permitted by law. The licenses granted by Qoncept Exchange (Pty) Ltd terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own ProcurementInstitute account to use any service belonging to Qoncept Exchange PTY LTD , 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 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. Qoncept Exchange PTY LTD reserves the right to refuse service, terminate accounts, terminate your rights to use Qoncept Exchange PTY LTD Services.
- If you wish to cancel your account subscription, visit https://support.google.com/googleplay/answer/7018481 and follow the prompts respectfully. Upon cancellation, your data is deleted from our servers. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- Your subscription gets renewed automatically at the end of each month
- You can upgrade or downgrade level of our services at any time of your usage, however Pivot does not refund any fees in that case
- If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term
- We reserve the right to modify or terminate the Pivot service(s) for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Pivot may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise, forcefully removed our branding) have engaged in fraudulent activity in connection with the services offered by us.
- Note: No refunds are offered, even if a plan is canceled mid-month.
Uninstalling Qoncept Exchange (Pty) Ltd Services including the ProcurementInstitute app without following this process will not result in Qoncept Exchange (Pty) Ltd cancelling the billing process and therefore the deduction process.
RISK OF LOSS
Use of Qoncept Exchange (Pty) Ltd Services does not grant preferential treatment of any kind in the bidding processes.
Payment of services shall be done only through official Qoncept Exchange (Pty) Ltd platforms and affiliated 3rd party platforms, any money lost due to use of unofficial platforms Qoncept Exchange (Pty) Ltd will not be held accountable.
Qoncept Exchange (Pty) Ltd Services uphold a strict confidentiality policy; all client information is protected against unauthorised access and loss of date. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Qoncept Exchange (Pty) Ltd, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Qoncept Exchange (Pty) Ltd Services maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. Be sure to sign off when finished using a shared computer.
INFORMATION DESCRIPTIONS
Information shared on Qoncept Exchange (Pty) Ltd Services is as per the content suppliers standards and any error arising from misinformation will from our content suppliers, Qoncept Exchange (Pty) Ltd will not be liable for any damages incurred. If an error has risen from Qoncept Exchange (Pty) Ltd, it will be rectified and a notification shall be sent to users of Qoncept Exchange (Pty) Ltd Services.
PRICING
Subscription Price; Qoncept Exchange (Pty) Ltd Services prices are openly expressed before use expiration of a Trial Period, thereafter an Invoice will be sent describing clearly the costing of the service. No extra charges shall be incurred with use of our services unless only when communicated.
We generally do not charge your credit card until after have received an invoice and an invoice notification.
Monthly Billing and Refund Policies
Pivot charges and collects in advance for use of its services. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information, Pivot will calculate a
pro-rated amount with the first payment due on signing.
All subscriptions monthly, quarterly and annually renew automatically on their due renewal date according to date of purchase until officially cancelled in writing. Customers may cancel anytime by visiting https://support.google.com/googleplay/answer/7018481 and following the promts respectfully.
Customers will receive an email from Pivot confirming that their subscription to the our services has been cancelled.
When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.
Important: No refunds or credits for partial months, quarters or years of service will be refunded to a customer upon cancellation.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the customer is responsible for payments of all such taxes, levies, or duties.
The fees that ProcurementInstitiute charges for the monthly, quarterly, or yearly services exclude phone, and Internet access charges, as well as other data transmission charges. Any currency exchange settlements are based on the customer’s agreement with the payment method provider. To be clear: these charges are the customer’s responsibility.
The chosen method of billing will automatically be charged the new subscription rate on the next billing cycle.
With regards to downgrades on a subscription, Pivot does not issue refunds or credits for partial months of service.
Fee Changes
ProcurementInstitiute in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Pivot will provide a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
These above policies apply to all our services listed on Pivot unless otherwise noted in the corresponding program materials.
APP PERMISSIONS
When you use apps created by Qoncept Exchange (Pty) Ltd Services, such as Procurement Institute App, you may grant certain permissions to us for your device. Most mobile devices provide you with
information about these permissions
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE QONCEPT EXCHANGE (PTY) LTD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QONCEPT EXCHANGE (PTY) LTD SERVICES ARE PROVIDED BY QONCEPT EXCHANGE (PTY) LTD SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QONCEPT EXCHANGE (PTY) LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE QONCEPT EXCHANGE (PTY) LTD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QONCEPT EXCHANGE (PTY) LTD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE QONCEPT EXCHANGE (PTY) LTD SERVICES IS AT YOUR SOLE RISK.
QONCEPT EXCHANGE (PTY) LTD DOES NOT WARRANT THAT THE QONCEPT EXCHANGE (PTY) LTD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QONCEPT EXCHANGE (PTY) LTD SERVICES, QONCEPT EXCHANGE (PTY)’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM QONCEPT EXCHANGE (PTY) LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, QONCEPT EXCHANGE (PTY) LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY QONCEPT EXCHANGE (PTY) LTD SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY QONCEPT EXCHANGE (PTY) LTD 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 Qoncept Exchange (Pty) Ltd Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Botswana Arbitration Act applies to this agreement.
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 Qoncept Exchange (Pty) Ltd, P O Box 11331, Palapye. The arbitration will be conducted based on the Arbitration Act. Payment of all filing, administration and arbitrator fees will be governed by the
Arbitration Act. 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 Qoncept Exchange (Pty) Ltd Service, you agree that the Botswana Arbitration Act and the laws of Botswana, 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 Qoncept Exchange (Pty) Ltd
OUR ADDRESS
Qoncept Exchange (Pty) Ltd
P O Box 11331
Palapye
ADDITIONAL PROCUREMENT INSTITUTE SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Qoncept Exchange (Pty) Ltd Services (the “Procurement Institute Software”).
Use of the ProcurementInstitute Software. You may use ProcurementInstitute Software solely for purposes of enabling you to use the Qoncept Exchange (Pty) Ltd Services as provided by Qoncept Exchange (Pty) Ltd, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the ProcurementInstitute Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the ProcurementInstitute Software in whole or in part. All software used in any Qoncept Exchange (Pty) Ltd Service is the property of Qoncept Exchange (Pty) Ltd or its software suppliers and is protected by Botswana and international copyright laws.
Use of Third Party Services: When you use the ProcurementInstitute Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering: You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the ProcurementInstitute Software, whether in whole or in part.
Updates: We may offer automatic or manual updates to the ProcurementInstitute Software at any time and without notice to you.
Conflicts: In the event of any conflict between these Conditions of Use and any other Qoncept Exchange
(Pty) Ltd or third-party terms applicable to any portion of ProcurementInstitute Software, such as open-source license terms, such other terms will control as to that portion of the ProcurementInstitute Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Qoncept Exchange (Pty) Ltd Services accepts service of subpoenas or other legal process. Subpoenas or other legal process may be served by sending at the following address:
Qoncept Exchange (Pty) Ltd
P O Box 11331
Palapye
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 subscribe on Qoncept Exchange (Pty) Ltd Services
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 form. This form 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.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to:
Qoncept Exchange (Pty) Ltd
P O Box 11331
Palapye
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.