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Terms and Conditions
1.Introduction
These conditions will govern the relationship between the Municipality and the registered account holder as rendered by Green-Field SCM Vendor Portal.
The account holder understands that by submitting their registration to subscribe to the service that they have familiarized themselves with the contents in the Conditions of Use, and that the account holder intends to be bound by the contents.
This Agreement will commence when Green-Field SCM Vendor Portal accepts the account holders request to subscribe to Service, which acceptance will manifest at that point in time when Green-Field SCM Vendor Portal sends the account holders an activation confirmation (the “commencement date”).
2. Definitions
"User" means all persons who access, view, download from, or use Green-Field SCM Vendor Portal site whether on the Internet or a copy thereof. "Users" includes "Registered Account Holders"
“Service” means the electronic statement presentation, enquiry and payment solution as approved by Green-Field SCM Vendor Portal.
"Green-Field SCM Vendor Portal site” means the website through which Green-Field SCM Vendor Portal provides the Service.
"Registered Account Holder" means a registered account holder with Green-Field SCM Vendor Portal who subscribes to the Service either personally or through an authorized agent
“Green-Field SCM Vendor Portal” means a municipality established in terms of section 12 of Local Government Act, 1998 (Act no: 117 of 1998)
“submit” or “submission” means the action whereby the Account holder indicates to Green-Field SCM Vendor Portal that they want utilize service.
“writing” means documents reduced to writing and shall include e-mails, fax or registered post;
3. Application
These Conditions of Use shall apply to all Users and becomes binding between Green-Field SCM Vendor Portal and a user immediately upon the user accessing, viewing or using the Service or its contents.
4. Electronic Communications
When a user visits Green-Field SCM Vendor Portal website or sends e-mails to Green-Field SCM Vendor Portal, that user consents to receiving communications from Green-Field SCM Vendor Portal electronically and agrees that all agreements, notices, disclosures and other communications sent by Green-Field SCM Vendor Portal satisfies any legal requirements, including but not limited, to the requirement that such communications are considered to be "in writing" with the same legal stature as a written document.
5. User Name and Password
The account holder undertakes to ensure that the user name and password are neither easily accessible nor disclosed to any unauthorized person. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.
The account holder undertakes to report any actual or attempted unauthorised access to Green-Field SCM Vendor Portal, without delay, via the support desk of Green-Field SCM Vendor Portal and provide Green-Field SCM Vendor Portal with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, Green-Field SCM Vendor Portal reserves the right to deactivate the user name and/or password without further notice.
Green-Field SCM Vendor Portal may at its sole discretion and for whatever reason, require an account holder to change their user name and / or password from time to time and the account holder undertakes to unconditionally comply with such a requirement.
6. Information and Privacy
Green-Field SCM Vendor Portal understands that the information provided by the Account Holder to Green-Field SCM Vendor Portal (the "information"), includes private and sensitive information. Green-Field SCM Vendor Portal will, save for the circumstances as set out in clause 10 bullet 2 below, not share any such information with any third party without the prior written consent of the Account Holder.
Green-Field SCM Vendor Portal will only disclose the information to a third party:
to perform the Service;
if Green-Field SCM Vendor Portal is required by law or court order to disclose the information; and/or
Green-Field SCM Vendor Portal will store information on its system for a period of 12 (twelve) months after the termination of this agreement, or for a period of 5 (five) years after submission of information if this agreement remains in force for longer than 5 (years), whichever might be the case.
Although Green-Field SCM Vendor Portal will take all reasonable measures to ensure that the information will not be compromised, the Account Holder acknowledges that they need to keep copies of the information under their own control in order to mitigate potential damages that might result from a loss or corruption of information.
7. Use of User Information by Green-Field SCM Vendor Portal
Green-Field SCM Vendor Portal may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.
Green-Field SCM Vendor Portal will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or the violation or threatening of rights of any person or entity, and to maintain and use such information and records internally.
Green-Field SCM Vendor Portal may provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
The user acknowledges:
that communications within the information service may be monitored or reviewed for quality control and other reasonable business and/or legal purposes;
The use of user information and the disposal or dissemination thereof shall not constitute invasion of privacy by Green-Field SCM Vendor Portal.
8. Use of Software
Users are required to use and maintain only hardware and software of sufficient minimum quality and performance capabilities as indicated on Green-Field SCM Vendor Portal home page and to use only the specified makes and versions of Internet browser software. Users acknowledge that their failure to use a specified browser may result in a higher security risk and/or cause or all of the functionality of the website not to operate properly or at all
Software, if any, made available for download on or via the website is governed by the license conditions establishing a legal relationship between the User and the licensor of such software. The user indemnifies Green-Field SCM Vendor Portal against any breach of such license conditions.
Green-Field SCM Vendor Portal gives no warranty and makes no representation, whether express or implied, as to the quality or compatibility of such software.
9. Unavailability of Green-Field SCM Vendor Portal Services
Green-Field SCM Vendor Portal shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the Service with prior written notification and provide reason for such termination or suspension. However, without prejudice to the foregoing, Green-Field SCM Vendor Portal will not exercise its rights in terms of this clause without just cause.
The user acknowledges and accepts that Green-Field SCM Vendor Portal service may become unavailable from time-to-time due to various circumstances, including:
technical failure or problems with Green-Field SCM Vendor Portal ;
infrastructure or technical problems with third party information technology systems;
unavailability of telecommunication or electricity services;
or other circumstances beyond the control of Green-Field SCM Vendor Portal.
10. No Warranties or Representations
The Conditions of Use evidences the sole terms and conditions governing the Services.
Users acknowledge and agree that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by Green-Field SCM Vendor Portal, its employees, agents or advisors which are not stated in the Conditions of Use shall not be valid and enforceable and Users shall not hold Green-Field SCM Vendor Portal liable to any such warranty or representation, whether made prior to, during or after concluding the Conditions of Use.
Green-Field SCM Vendor Portal site and Service are provided "as is" and Green-Field SCM Vendor Portal makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:-
Green-Field SCM Vendor Portal does not warrant that the website; its contents; the third party content and services; payment or the Municipal Services will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. Green-Field SCM Vendor Portal expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
whilst Green-Field SCM Vendor Portal has taken reasonable measures to ensure the integrity of the Services, no warranty, whether express or implied is given that any files, downloads or applications available via the website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of a user's system.
11. Governing Law and Jurisdiction
These conditions are governed by the laws of the Republic of South Africa.