This Agreement contains the terms and conditions that apply to the User’s browsing/ purchase of goods and/or services/applications/use of information on the Website (Digitender). The User hereby acknowledges that that the user is fully aware of the contents of these terms and conditions and agrees to be bound by and accept these terms and conditions and those set out in the website.

Digitender reserves the right to periodically amend these terms and conditions. As the user is bound by these terms and conditions, please review this page periodically.

Definitions

1. "Agreement" means an agreement made between the Company (Digi Information Technologies (Pvt.) Ltd and the Customer (User of the website) containing these terms and conditions.
2. "Customer" means any person who accesses the website and any person who utilizes the information contained in the website for further use.
3. "Website" means the www.digitender.io site on the internet.
4. "Online Quotation Form" means the electronic quotation form completed by the Customer at the time of forwarding a quotation for a tender / RFQ (Request for Quote) / IFB (Intend for BID) found on the website.
5. "Product/Tender" means product(s)/The Tenders advertised/displayed on the Website.
6. "Service" means the service(s) offered through the Website.
7. "Seller" means the party requiring products and/or services of third parties and who have issued the tender / RFQ / IFB documents, who has subscribed to this service.
8. “Buyer” the end customer who submits an RFQ/IFB document.
9. "The Company" means Digi Information Technologies (Pvt.) Ltd.
10. “User” Any and all visitors to the website, who access the website. (This includes the Seller, Buyer, and Customer)

Services

1. The Company has, by virtue of accumulating information available in the public domain and by liaising with sellers, obtained a comprehensive collection of Tender documents / RFQ / IFB and information.
2. The Company has also made available the facilities for online quotation form, through which users can instantly prepare a quotations and apply for certain tenders through the website.
3. The Company will not be liable for the transactions, interactions and communications between the sellers and buyers and is only a gatherer and disseminator of information publicly available or issued by the seller by way of RFQ but which have been gathered together for ease of access and ease of application and connection.
4. The Seller and Buyer are liable for all information provided by the user in their quotation, communication, interaction and applications with the seller.
5. The Company or Website will not be held liable for any loss or damages as a direct or indirect result of any of the following circumstances:
6. the User/Customer/Buyer/Seller fails to provide complete, correct, or accurate information during the quotation process; or
7. other reasons related to the devices or the browsers used by the Customer.
8. The Company may at its sole discretion discontinue the services provided, add to it, modify it from time to time without prior notice.
9. The Company reserves the right to terminate an account permanently or suspend an account for a period of time without prior notice to the Customer.

Users Responsibilities

1. All Buyers, Sellers, Customers and Users are entirely and solely responsible for the information shared on this website or which have been shared on a public domain as well as for all information shared through this website.
2. The Customer/User/Buyers/Sellers are responsible for keeping the username and passwords and other subscription details if any, confidential.
3. The Customer/User/Buyer/Seller agrees and warrants not to and not attempt to destroy, change, modify any aspect of the website, its contents, disrupt the information or usage of other users, decompile, prepare derivative works of, reverse engineer, or try to gain access in any way to the source code of the Website, knowingly or negligently use the services in any way that interferes or disrupts the services, engage in illegal, false, fraudulent, misleading activity, transmit any information that are protected and/or confidential, use the services to communicate any threatening, libelous, indecent, criminally offensive, content, upload or transmit any data or software that would harm the services or Website in any manner, use the services in any manner that would violate any applicable laws.
4. The User is entirely responsible for upholding and complying with all applicable laws and regulations.
5. The user is hereby prohibited from reproducing, reselling, or distributing any service/data taken from the Website.

Price and Payment

1. 1The Customer/User who chooses to subscribe for services of the Website must pay for the Product / Service by a valid credit card or any of the other accepted payment forms. The Customer must input the valid credit card information. The Company will verify the validity of the credit card with its issuer and will then send a confirmation to the Customer if the credit card transaction payment is accepted. The credit card will be charged when the Order confirmation is sent to the Customer.
2. Payment shall be made by credit card (Visa / MasterCard) or any other method(s) specified by the Company from time to time. Virtual credit card is not accepted.
3. The Customer shall bear the price differences due to exchange rate and / or any other charges incurred for whatever reasons by the credit card issuer for all transactions.
4. All prices are quoted in Sri Lankan Rupees unless otherwise specified explicitly. The Company can adjust such prices immediately at any time at its absolute sole discretion without giving prior notice to the Customer.

Intellectual Property Rights

1. All software and contents (defined here as any texts, audios, music, images, photos and pictures, or any contents containing the above) of the Website are the Company's intellectual property works (other than those content available on the public domain) and hence are protected by intellectual property rights, copyrights laws, and international conventions. Content of the website can be used only when the explicit authorisation of the Company is obtained. Without the consent or authorisation of the Company, no content of the website can be published in print or online media, reproduced, sold, or licensed. Any unauthorised act may result in civil liabilities or criminal sanctions.

Waiver

1. Failure of the Company to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its rights and remedies. If any provision of this Agreement is deemed by a court of law of Sri Lanka to be unenforceable, the remainder shall stay in effect.

Governing Laws

1. This Agreement will be construed in accordance with the laws of Sri Lanka and the parties agree to the exclusive jurisdiction of the Sri Lankan courts in the event of any dispute.

Entire Understanding

1. This Agreement embodies the entire understanding between the parties relating to the Product / Service and there are no promises, terms, conditions or obligations, oral or written expressed or implied other than those contained in this Agreement. The Company reserves the right to amend these terms and conditions from time to time without prior notice.

Third Party Content

1. The Website may contain contents contributed by any parties other than the Company (“Third Parties”) and content available in public. To facilitate access to information provided by or through Third Parties, the Company may provide or assist in providing links to external websites or resources for the User to access at the User’s sole discretion. The Company states that it has not approved or endorsed the contents contributed by Third Parties in the Website or any external websites linked to it.
2. The provision of any such contents or links to external websites shall not constitute any form of co-operation or affiliation with the Company with any such Third Parties or external websites.
3. When the Customer chooses to enter any of the linked external websites, the Company shall not be responsible to the Customer and/or any party, directly or indirectly, for (including without limitation, to):
4. the privacy practices of such external websites;
5. the availability of such external websites or resources, and any contents, advertisings, products, materials, goods, services or otherwise on or available from such websites or resources; and
6. any loss, destruction, or damage (including without limitation to accidental or consequential loss, destruction or damage) caused or alleged to be caused by or in connection with use of or in reliance on any such contents, advertisings, products, materials, goods, services or otherwise available on or through any such websites or resources.

Limit of Liability

1. The Company excludes all liability or responsibility for any cost, claim, damage or loss to the Customer or any person whether direct or indirect of any kind including loss of revenue, loss of profits or any consequential loss in contract, tort or under any statue or otherwise (including negligence arising out of or in any way related to this Agreement).
2. The Company will use its reasonable endeavours to ensure that the contents and Product / Service descriptions in the Website are accurate and complete but cannot guarantee that all the contents and Product / Service descriptions are accurate, complete, updated and free of error. The Company shall not be liable for any errors of information posted in the Website. The Company shall have the right to, from time to time, modify or correct any errors or omissions in the Website or in any product sales materials, quotations, orders or other materials without incurring any liability.
3. The Company shall not be held liable for any delay or failure in its performance or any breach of contract which was directly or indirectly caused by any of the following reasons: acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, trade embargo, strike, labor dispute, equipment failure (including without limitation, Internet access failure) or other factors beyond the reasonable control of the Company.
4. The Company does not guarantee that the servers of or providing support to the Website do not contain viruses or other harmful components. Customers must ensure that they adequately protect themselves and any of their equipment, software, and data by taking appropriate steps such as using up-to-date antivirus and firewall software.
5. The Company reserves the right to modify and revise all terms and conditions herein contained from time to time without prior notice.
6. If the Website becomes unavailable for use at any time or a period of time for whatever reasons, the Company shall in no circumstances be liable.
7. In case of disputes, the decision made by the Company shall be final and conclusive.

Termination

1. Should any User wish to terminate their subscription-if any-the User shall contact the Company and the Company shall direct such User on how to terminate the subscription and a confirmation email will be sent once such termination is effected. Any re-instatement shall be upon a fresh application/registration and may be under fresh terms and conditions as the case may be.

Privacy

1. The Company may collect or process account information , profile information, contacts and calendar integrations, settings, registrations information, content information, website usage information, in the process of providing its services to the User.
2. Such Information shall be solely used for the purposes of enhancing services offered by the Company, research and development, marketing and promotions, authentication, integrity, security, safety, for communication with the user, and legal uses.
3. By choosing to use the services of the Website and Company, the User hereby consents to the collection and use of these information for these purposes by the Company.
4. Information as above described may also be collected through Log Data and cookies if necessary. The facilitation of these modes of information collection is entirely as per the choices the user has made on their devices.

1. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. 
   FURTHER THE COMPANY OR ITS AFFILIATES SHALL IN NO WAY BE HELD LIABLE OR RESPONSIBLE FOR THE CONTENT FOUND IN THE WEBSITE, ITS ACCURACY, VERACITY, ITS THIRD PARTY LINKS. MOREOVER THE COMPANY STATES THAT ALL CONTENT FOUND IN THE WEBSITE IS THAT READILY AVAILABLE IN THE PUBLIC DOMAIN AND THE WEBSITES PURPOSE IS TO ASSIMILATE CONTENT AND FACILITATE EASY ACCESS THEREIN AND THEREOF.
3. 
   THE WEBSITE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE. THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, USEFULNESS OR TIMELINESS
4. 
   ANY ACTION THE USER MAY TAKE UPON THE INFORMATION CONTAINED IN THE WEBSITE SHALL ENTIRELY AND STRICTLY BE AT THE USER’S OWN RISK AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES AND DAMAGES IN CONNECTION WITH THE USE OF THE WEBSITE.