Terms of Use

  1. ​The GMA has implemented, and continues to implement, appropriate security measures to ensure the protection of the information provided by the Bidders. The GMA, however, is not responsible for account credential safekeeping. The Bidders are responsible for managing access to their account credentials. In the event that a security breach of a bidder’s information occurs as a result of account credential sharing, the GMA shall not be held liable for any damages, whether financial or otherwise, that are claimable as a result of the unauthorised use/or disclosure of information.
  2. The Bidders are provided with a link to access TendaSwift, and have been permitted to share the access link with the Relevant Personnel, for the purposes of uploading data on TendaSwift. The Relevant Personnel are restricted from resharing the access link provided to them. (“Relevant Personnel” means the people who are employed and/or contracted by the Bidders to assist them in uploading data on TendaSwift.)
  3. In the event that a breach by a Bidder’s personnel and/or the Relevant Personnel occurs as a result of sharing the link, the GMA shall not be held liable for any damages, whether financial or otherwise, that are claimable as a result of the unauthorised use/or disclosure of data and/or information. Therefore, the Bidders shall be liable for any unauthorised access to the TendaSwift, arising as a result of resharing the link, which will cause harm or loss to the GMA and/or its data.
  4. The Bidders acknowledge that the GMA may monitor, as authorised by Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”), information transmitted or stored on the GMA TendaSwift to ensure that the systems are maintained, protected, secured and operated effectively.
  5. The Bidders acknowledge that the GMA may intercept information transmitted or stored on the GMA TendaSwift provided that it is done in accordance with the provisions of RICA and that it is:
    1. authorised by the CEO of the GMA or his/her duly appointed delegate; and
    2. conducted for, amongst others, the purpose of establishing facts and/or detecting or investigating unauthorised use and/or to secure the effective operation of the GMA’s TendaSwift.
  6. The Bidders acknowledge to be bound by the provisions of section 6 of RICA and that indirect communications transmitted by means of the GMA TendaSwift may be intercepted in terms of section 6 of RICA.
  7. The Bidders acknowledge that the information they provided includes personal identifiable information and that they are duly authorised and have obtained consent to provide and share such information with the GMA.
  8. The Bidders have the right to:
    1. access their personal information that is collected, processed, and stored by the GMA;
    2. object at any time to the processing of such personal information; and
    3. request the GMA to return or destroy such personal information, should the information not be required for further processing or by law.
  9. The GMA shall comply with the provisions of the Protection of Personal Information Act 4 of 2013 and, where applicable, the European Union’s General Data Protection Regulation (2016/679) (“Data Protection Legislation").
  10. In the event that the GMA becomes aware of any unauthorised use, disclosure or processing of a Bidders personal information, as a result of it having been shared with the GMA, the GMA shall notify the Bidder.
  11. The GMA will not retain personal information for a period that is longer than the period for which it was originally required, taking into account any applicable retention period, unless the GMA is required by law to do so.
  12. The bidders warrant that any and all personal information provided to the GMA is true and correct and that the GMA shall not  carry any liability that could emanate from any incorrect information received from bidders. 
  13. The Bidders acknowledge and agree that the information provided during the registration and relevant tender process may be shared with relevant individuals who are part of the tender process, and who will utilise the information for purposes related to the tender process.
  14. In the event that the GMA has a legitimate purpose for disclosing a Bidder’s personal information to a third party, the GMA shall cause the third party to undertake to comply with the provisions of POPIA when processing the personal information.
  15. By providing the information to the GMA, the bidders agree to be bound by the terms and conditions outlined herein.
  16. The Bidders hereby indemnify the GMA against any liability which they may incur in respect of any damage/s, which may occur as a result of any omissions by the GMA, its employees, agents and consultants. ​The GMA makes no warranty, guarantee or representation that the GMA TendaSwift is entirely protected from all destructive elements, security threats and/or other vulnerabilities. The GMA shall not be liable for any damages that may be caused as a result of any GMA TendaSwift glitches and/or technical issues. The Bidders hereby indemnify the GMA and hold it harmless against any liability and/or claims of whatsoever nature, arising from the use of the GMA TendaSwift by the Bidders or any third party.

​Disclaimer

It is the responsibility of the user to ensure that all uploaded files are free of viruses, malware, or other malicious content and that files are not encrypted. We are not responsible and/or liable for any damage or loss caused by files that contain malicious content.

We also have the right to take any other steps we deem necessary to protect our users and our environment, including disabling your account. If you upload a file that contains malicious content, we have the right to delete the file without notice.

​You agree to hold us harmless from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with your use of this website, including, but not limited to, any claims arising out of or in connection with any file you upload that contains malicious content.