These Terms of Use govern your access to and use of the Bidco Africa Limited Website (the “Site”)”and are binding between you, whether personally or on behalf of an entity (“you”) and Bidco Africa Limited. Throughout the site, the terms “we”, “us” and “our” refer to Bidco Africa Limited (“Bidco”). Bidco offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You agree that by visiting or accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use (“Terms”). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY
Any new features or tools or Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference and shall also be subject to the Terms of Use. We reserve the right, in our sole discretion, to update, replace or make changes or modifications to these Terms of Use or any part thereof at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
By using the Site, you represent and warrant that: – (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
The entire design and content of the Site is the copyright of Bidco. The Bidco logo and Bidco name are registered trademarks of Bidco Africa Limited. All trademarks, brand names, logos and designs used on this Site are our intellectual property and we remain exclusively entitled to all rights and interests relating to such intellectual property
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Although we have taken all reasonable care to ensure that the information provided on the Site is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, with regard to the accuracy, timeliness, reliability or completeness of any such information. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Opinions and any other contents on this Site are provided by us for your personal use and informational purposes only and are subject to change without notice. If you are in any doubt as to the validity of information made available within these pages then feel free to check this with us.
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to: –
We reserve the right to terminate your use of the site for violating any of the prohibited uses.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and Services available via our site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. No third party is permitted to link any other web site to this Site without obtaining our prior written consent.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence any comments; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and Services delivered to you through the Site are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.
In no case shall Bidco, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Site, or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Bidco shall not be held liable for the quality of service, any interruptions, malfunctions or disruptions from your internet service provider, telecommunications provider or any other third party.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Kenya. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Kenya, then through your continued use of the Site, you are transferring your data to Kenya, and you agree to have your data transferred to and processed in Kenya.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
It may be necessary for us to transfer, process and store data (including personal information) received through the Site. YOU HEREBY ACKNOWLEDGE AND CONSENT to our (a) transfer, storage and processing of such data; and (b) use of such data for our own internal purposes, for the performance of these Terms of Use and as allowed or required by law.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.
You agree to indemnify, defend and hold harmless Bidco and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Any notice or communication required to be given hereunder may be delivered by hand or email (with confirmation of delivery) at an address communicated by either party by notice in writing.
No provision of these Terms of Use creates a partnership between us or makes you or us a commercial agent of the other for any purpose.
You may not assign any right or obligation that may arise under these Terms of Use without Bidco’s consent. We may assign the Terms of Use without your prior written consent.
The failure by Bidco to exercise or enforce any right conferred by these Terms of Use shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or enforcement of any such or other right on any later occasion.
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete any content or information that you posted at any time, without warning, in our sole discretion.
These Terms of Use shall be governed by and construed in accordance with the laws of Kenya. Bidco and you irrevocably consent that the courts of Kenya shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms of Use.
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Should you have any questions about the Terms of Use you can reach us through the contacts below: –
Bidco Africa Limited
General Kago Road
P. O. Box 239 – 01000,
Thika, Kenya
