Milkta Tenders Terms and Conditions

1.0    General Rules

1.1    This Registration Agreement constitutes the user's (you or your) agreement with the Milkta.com, a subsidiary organ of Rackmint System, with respect to your use of the Milkta Tenders Alert Service website at www.milkta.com (the Site). By submitting the Registration Form for the Site, you will be legally bound by the terms and conditions of this Agreement, and agree to comply with such terms and conditions in order to become and remain an authorized user of the Site. Individual users must be 18 years or older to register on the Site.

1.2    MTAS reserves the right, at its discretion, to change or modify any term or condition of this Registration Agreement at any time. All changes and modifications will be notified to you by being posted on the Site, or sent to you via email, and it is your responsibility to read these changes and modifications. They will come into effect immediately upon being posted, and you will be deemed to have accepted them if you access the Site after that time.

1.3    If these terms or any future changes or modifications are unacceptable to you, you may terminate your registration in accordance with the Termination clause below. Your use of the Site now, or continued use following the notification of any changes or modifications of these terms and conditions, will constitute a binding acceptance by you of such changes or modifications.

1.4    MTAS may improve, change, suspend or discontinue any aspect of the Site at any time without notice, including the availability of any Site feature, database or content. The MTAS may also impose limits on certain features and services, or restrict your access to parts or all of the Site without notice or liability. 

1.5    The rights and obligations concerning the use of the Site in accordance with this Registration Agreement are personal to you, and are not transferable to any other person or entity. Any purported assignment by you of any rights under this Registration Agreement shall be void and ineffective.

1.6    No waiver by either party to this Agreement of any of its provisions, or any breach or default of the Agreement, shall be deemed to be a waiver of any preceding or subsequent breach or default.

2.0    Username and Password
2.1    Upon registration, you will provide your email address, which will be your user name (Username) and a password (Password) of your own choice. You will be sent a Site activation link via email using the email address provided. You may not (i) use a name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a name that MTAS, at its sole discretion, deems offensive. If MTAS has reason to believe that any information you have supplied is not accurate it will terminate this Registration Agreement and you will cease to be an authorized user of the Site.
2.2    You must provide the MTAS with accurate, complete and updated information required by registration to the Site, including your legal name, address, telephone number, and an e-mail address. You must notify MTAS within 30 days of any changes in such data. Failure to do so will constitute a breach of this Registration Agreement, which may result in termination of your account, at MTAS' sole discretion. 
2.3    MTAS does not want to receive confidential or proprietary information from you through our website; except that all specifically required registration information which you supply to MTAS will be treated as strictly confidential. Please note that any other information or material sent to MTAS will be deemed not to be confidential.
2.4    MTAS reserves the right to disclose information about subscriber usage and demographics in a manner which does not reveal the users’ personal identities.

3.0    Security
3.1    You will be solely responsible for protecting the confidentiality of your Username and Password, and solely liable for any harm resulting from disclosing or allowing disclosure of any Password.
3.2    At all times you will be responsible for all use of the Site under your authorized account (Account), and you will be solely responsible for ensuring that any use of your Account complies fully with the terms of this Registration Agreement.
3.3    You must notify MTAS immediately of any known or suspected unauthorized use of your Username, Password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password or Account information. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Account, at MTAS sole discretion, and the matter may be referred to law enforcement agencies for appropriate action.

4.0    Use of the Site
4.1    You are permitted to download or print extracts of the material on the Site for your personal use only, and for lawful purposes only, providing that you maintain all copyright and other notices contained in the material and agree to abide by all additional copyright notices, information, or restrictions contained in such material. None of the material on the Site may be used for any commercial or public use, and no part of such material may be reproduced or stored in or transmitted to any other website. No material on the Site may be disseminated in any form, either electronic or non-electronic, or included in any retrieval system or Site without the prior written permission of the Milkta. Any request for such permission shall be sent to Attention: Milkta Manager, Milkta Tenders Alert Service at director@milkta.com. 

5.0    Protected Rights
5.1    Except as set forth in Paragraph 5.2, all text, graphics and other material on the Site is Copyright © 2024 Milkta, and you shall take no action which is inconsistent with MTAS’ rights as owner of the rights in the Site. No material may be reproduced, modified, stored, transmitted, published, distributed, performed, displayed, sold or exploited in whole or in part, as a derivative work, or in any form, language or by any media, electronic or otherwise, throughout the world, except as outlined below.
5.2    The material relating to procurement opportunities available on the Site is copyrighted. It may not be reproduced, stored, transmitted or photocopied in any form or by any means without the prior written consent of the respective organizations.    
5.3    The name and logo of Milkta Tenders Alert Service are protected by law, and you are not permitted to use or reproduce, or allow anyone to use or reproduce this name or logo for any purpose. You are not permitted to use the name, or any abbreviation thereof, for any purpose.

6.0    Equipment
6.1    You will be solely responsible for obtaining, maintaining and meeting all costs associated with any telephone, computer hardware and software, modems, telecommunications connections, and/or other equipment and services which may be needed to access and use the Site.

7.0    Disclaimer
7.1    You expressly acknowledge and agree that any and all use of the Site is at your sole risk neither the Rackmint System, MTAS, Milkta.com, its affiliates, or any of their respective employees, agents, third-party content providers, or licensors warrant that access to and use of the Site will be free from interruptions or free from errors; nor do they make any warranty as to the results that may be obtained from use of the Site. You waive and discharge any and all claims against the MTAS arising out of related access or lack thereof.
7.2    You further expressly acknowledge and agree that information, text, graphics, and hyperlinks provided to you through the Site and located on other Sites throughout the combined global electronic networks known as the internet and the World Wide Web are provided solely as a resource and a convenience to you. Such hyperlinks to other Sites are not an endorsement by MTAS or the Rackmint System of those Sites. MTAS or the Rackmint System makes no warranty, either expressed or implied, as to the accuracy, reliability, or content of such information, text, graphics, and hyperlinks. MTAS or the Rackmint System does not represent or endorse the accuracy of reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by any person or entity. The Milkta Tenders Alert Service has not tested any software located on other Sites and does not make any representations as to the quality, safety, reliability or suitability of such software.

8.0    Limitation of Liability
8.1    Under no circumstances, including negligence, shall MTAS, or any person involved in creating, producing or distributing the Site, be liable for any loss of business or profits, or for any direct, indirect, incidental, special or consequential damages that may result from any use of—or inability to use—the Site, even if MTAS, the Rackmint System and/or Milkta Tenders Alert Service were/was previously advised of the possibility of such damages, including— but not limited to—reliance by any subscriber on any information obtained by way of the Site, or that may result from mistakes, omissions, interruptions, deletion of files or E-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to natural disasters, communications failure, theft, destruction or unauthorized access to the MTAS’ records, programs or services.
You acknowledge and agree that the delivery system used for the Site (i.e., the Internet, the World Wide Web) is unpredictable and may, from time to time, impede access to the Site. You acknowledge and agree that MTAS, the Rackmint System and/or Milkta Tenders Alert Service are/is in no way responsible whatsoever for any interference with your use of—or access to—the Site, and you expressly waive and forever discharge and release any and all claims against the Rackmint System and/or Milkta Tenders Alert Service in connection therewith.

9.0    Indemnification
9.1    By using this Site, you agree to defend, indemnify and hold harmless  MTAS, its affiliates, and their respective officials and employees from and against all claims, suits, demands and liability of any nature, including MTAS’ costs and expenses, and attorneys' fees, arising out of the use of the Site by you or anyone having gained access to the Site by use of your Username and Password. This provision shall extend to claims and liability arising out of the use of copyrighted material and other intellectual property by you or anyone having access to the material by means of your Account.

10.0    Advertising Material
10.1    Material appearing on the Site may include advertising and other material submitted by parties other than MTAS, and the Site may provide links to other webSites operated by advertisers and third parties. It is the responsibility of such advertisers and third parties to ensure that such material and such Sites comply with all relevant laws and regulations. MTAS disclaims all responsibility for any error, omission or inaccuracy in such material and Sites or its failure to comply with any relevant laws or regulations. MTAS does not endorse any of the firms, products or Sites that may be contained in such advertising, material or Sites.

11.0    Tender Alert Subscription
11.1    Should you chose to subscribe to the Tender Alert Service, you must promptly pay all fees and charges incurred through your Account at the rates then in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. Information on current tender alert subscription fees and charges for using the Tender Alert Service may be obtained by contacting payments@milkta.com.

11.2    By submitting the Tender Alert Subscription Form, you warrant that you have all the necessary rights and authority to enter into a binding Subscription Agreement with MTAS, including authority to enter billing arrangements.

12.0    Disputes
12.1    The parties will use their best efforts to settle amicably any dispute, controversy or claim arising out of this Subscriber Agreement, or its breach, termination or invalidity. Any dispute, controversy or claim arising under—or pursuant to—this Registration Agreement shall be settled by an agreed mode of dispute resolution, including—but not limited to—arbitration, in accordance with the Tigray Regional State Arbitration Rules then in effect. The arbitral tribunal shall have no authority to award punitive damages. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.

13.0    Termination of Registration Agreement
13.1    This Registration Agreement will take effect when you submit the Registration Form and continue until either you or the MTAS terminate it, at which time you will cease to be an authorized user of the Site.
13.2    You may terminate your Account at any time by sending an e-mail to director@milkta.com. Upon termination, you will receive confirmation via e-mail that your request was received, and your access to the Site will be terminated. 
13.3    MTAS may, at its sole discretion, terminate or suspend your access to the Site for any reason, including, without limitation, any conduct which the MTAS, at its sole discretion, believes is in breach of the Registration Agreement or is harmful to MTAS’ interests. MTAS will not refund any Tender Alert subscription fee paid, if the Registration Agreement is terminated pursuant to this paragraph.
13.4    In the event of termination, clauses 2, 5, 7, 8, 9, 12 and 14 will remain binding on the parties.

14.0    Privileges and Immunities
14.1    Nothing in or relating to this Registration Agreement shall be deemed a waiver, express or implied, of any of the privileges and immunities of the Rackmint System, including MTAS.

15.0    Communications
15.1    MTAS reserves the right to send e-mails to subscribers for the purpose of informing them of changes or additions to the Site, or of any related services provided by the MTAS, its affiliates, agents, third-party content providers, or licensors that it deems suitable for dissemination.
15.2    You may serve a notice on MTAS, for the purposes of this Registration Agreement, by sending it by e-mail to director@milkta.com. MTAS may serve a notice on you by sending it to your e-mail address, or to the postal address appearing on your Registration Form.  You are responsible for notifying MTAS of any change to your e-mail or postal address.

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