TERMS OF USE




Terms of Use

 

This Website is owned by Seidco Communications L.L.C., trading as eMONAQASATM (eMONAQASA), a company duly established and licensed in Abu Dhabi, UAE, with registered address at P.O.Box: 44072, Abu Dhabi, UAE, to manage, operate and commercialize the Website in the UAE.


The eMONAQASA Website aims to facilitate all aspects of tendering process for the tender owner (“Client”) and participant (“Bidder”) in the UAE by providing a user friendly system for the exchange of information and documents between the parties.


Welcome to our Website. eMONAQASA and its associates provide their services to you subject to the following Terms of Service. If you continue to browse and use this Website, you hereby acknowledge and agree to comply with and be bound by the following Terms of Service, which together with our privacy policy (“Terms”) govern eMONAQASA's relationship with you in relation to this Website. Please read them carefully.


Terms of Service

These Terms apply to your use of the eMONAQASA online system and any content or information published on the eMONAQASA.com website, any sub-domains of eMONAQASA, and any other website pages on which services are provided by eMONAQASA (collectively, the eMONAQASA ”Website"). By becoming a registered user you hereby acknowledge and agree that your use of the Website is subject to the Terms shown here.

  1. By using the eMONAQASA Website (including by completing the registration process to become a subscriber), you hereby agree to these Terms, which eMONAQASA at its discretion may change from time to time. Any changes will be immediately effective upon posting to our Website. It is your responsibility to ensure you are familiar with the latest terms and conditions and your continued use of the Website will signify your acceptance of the changed terms.
  2. In the case of subscription renewals, your payment of your subscription renewal invoice signifies an ongoing acceptance of the then current Terms.
  3. Unless explicitly stated otherwise, any new features that augment or enhance the Website shall be subject to these Terms.
  4. Registration Obligations
  5. If you register as a Subscriber on the eMONAQASA Website, you represent and warrant that you:

    1. shall provide true, accurate, current and complete information about your organization as prompted by the subscriber registration form on the eMONAQASA Website (you will be asked to agree to these Terms before acceptance of your subscription).
    2. shall maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, eMONAQASA has the right to suspend or terminate your registration and/or refuse any and all current or future use of the Website.
    3. have the legal capacity and possess the legal authority required to create a binding and enforceable obligation.
    4. will only use this Website for yourself or on behalf of the Client as its duly authorized representative.
    5. will only and at all times use this Website in good faith and for legitimate business purposes including: (i) acquiring information on Tenders displayed on this Website; (ii) listing a Tender and advertising or inviting third parties to bid on such Tender, (iii) providing Tender-related Material; (iv) otherwise participating as a concerned party in a Tender; and/or (v) otherwise availing of the Services provided by this Website.
    6.  

  6. FEES AND PAYMENT
  7. In consideration of being granted a password and username and being granted access to the Website you agree to pay to eMONAQASA the annual registration fee (if applicable) and any other applicable fees. The subscription pricing and options appear on the eMONAQASA Website under¬† “Plan/Rates”.

    1. Any fees quoted by eMONAQASA for your subscription to this Website must be paid within 30 business days from the date of registration renewal or invoice, else your access rights may be suspended until full payment of the overdue amount is received and cleared. Payment should be made, physically at our office address in cash or cheque.
    2. For payment of Overdue Invoices, you will be contacted to arrange payment. Every effort will be made by eMONAQASA to collect payment from you, however, eMONAQASA may, at its sole discretion, engage a collection agency to collect any overdue payments on our behalf. It is your responsibility to pay us for services we provide to you and by the due date.
    3. eMONAQASA reserves the right to modify or vary any fees charged by it. We shall notify you in advance at the email address you provided us as part of your “Personal Information” (including name, contact details, and other information provided by you) in the event of any variation of subscription fees for your eMONAQASA account. You acknowledge and consent to our use of your Personal Information in this context or as otherwise necessary for the services we provide to you in relation to the Website.
    4. In the event you participate in any Tender offered on eMONAQASA Website, eMONAQASA may pre-negotiate cost for Tender and Tender-related Material with the concerned third parties on your behalf. You hereby acknowledge and agree that any fees quoted for your participation in such Tenders and/or for access to Tender-related Material will be the sum of the pre-negotiated cost for Tender and Tender-related Material described above and the “facilitation cost” retained by eMONAQASA to compensate us for our services.
    5. Access to specific Website services or Material may require additional fees over and above the annual registration fees and any other applicable fees payable to eMONAQASA.
    6. Your subscription to eMONAQASA is non-refundable and non-transferable.
    7.  

  8. SERVICES PROVIDED BY eMONAQASA
  9.  

    1. Who can use the Services?
      1. The eMONAQASA Service is only available to companies and government entities (or other legal entities) who can form legally binding contracts under applicable law.
    2. Subscribers understand the access to provision of Services offered by eMONAQASA Website as follows:
      1. Website tools where users can initiate/create Tenders.
      2. Website tools where users can participate in Tenders, whereby users may submit Material relating to such Tenders or may view/download/analyze such Material, or otherwise.
      3. General information on Tenders.
      4. other services from time to time
    3. Subscribers understand and recognize that this Website is intended to facilitate the Tender process by providing users with the required tools through the website content to interact freely within the Tender process.
    4. eMONAQASA account shall be required for access to most Services provided by this Website; else shall be entitled a very limited access to the website data and services.
    5. special conditions may apply for access to specific Services or Material, particularly as regards to third-party software and/or Material.

     

  10. SUSCRIBERS INFORMATION AND SECURITY
  11.  

    1. eMONAQASA takes all reasonable measures to ensure that this Website and its contents are secure, however eMONAQASA (including directors, officers, employees and agents)shall not be responsible for the security of any Personal Information, Material, Tenders, communications or any transactions conducted online.
    2. eMONAQASA may from time to time ask for information from subscribers for market research purposes. You hereby acknowledge and agree to allow eMONAQASA to use such information including any Personal Information provided by you for such market research purposes (or as otherwise necessary for the services eMONAQASA provides to you in relation to the Website).
    3. eMONAQASA's services will be provided to the e-mail address as held within our system at the time of sending. It is your responsibility to notify us of any changes to your e-mail address, or to those of other users listed under your account.
    4. After successful registration as a Subscriber, you are solely responsible for maintaining the confidentiality of your username and password and you are fully responsible for ensuring your details remain confidential to you.
    5. You hereby acknowledge and agree that you will be wholly responsible for all actions taken and any losses, costs or claims whatsoever incurred as a result of usage of the Website provided by eMONAQASA.
    6. By submitting Material to us or this Website you grant us a royalty-free, perpetual, nonexclusive, transferable, sub-licensable and irrevocable right to use, reproduce, edit, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Material anywhere and in any form of media, and to use your name in connection with such Material.
    7. eMONAQASA will not be liable for any loss or damage arising from your failure to comply with these Terms.
    8. eMONAQASA take and assume no responsibility or liability whatsoever for any Material whatsoever submitted by Subscribers, including but not limited to Personal Information.
    9. Subscribers acknowledge and agree that eMONAQASA have no obligation to post or otherwise display any Material submitted and we reserve the right to at our absolute discretion determine which submissions are posted, displayed or otherwise published on eMONAQASA Website. Furthermore, Subscribers acknowledge and agree that we may at any time exercise any of our rights (e.g.: to use, publish or remove or delete from the Website) on any of the submissions without prior notice. Should Subscribers not agree to these terms, kindly refrain from submitting any Material.
    10. Subscribers acknowledge and agree of being fully responsible for the content of any Material submitted and posted by them.
    11. Subscribers acknowledge and agree of being fully responsible for submitting and/or updating any Material as and when due or required for any Tender or other Services elected to participate in.
    12. Subscribers acknowledge and agree not to transmit or post to this Website any material or content: (a) of a threatening, libelous, slanderous, harassing, defamatory, obscene, pornographic nature; (b) of an unsolicited or unauthorized commercial nature such as but not limited to advertising, marketing of any good or service or solicitation of funds; (c) that misappropriates, violates or otherwise infringes any intellectual property or other proprietary right of any third party, such as but not limited to, copyright, trademark, patent or design rights; (d) that would violate any public or private rights; or (e) which does or would violate any applicable law.

     

  12. COPYRIGHT
  13.  

    1. You acknowledge and accept that the material, information or data relating to tenders on the eMONAQASA website, including but not limited to tender notices, Request for Information (RFI) notices, Request for Proposal (RFP) notices, advertisements, messages, addendum and updates in any form whatsoever, including text, software, artwork, graphics, photographs, images, sounds, music, audio material, video material and audio-visual material ("Material") is owned by or licensed to eMONAQASA and is protected by copyright.
    2. You acknowledge and understand that unauthorized copying, republication or use of the Material may violate copyright, trademark, and other laws.
    3. You are authorized by eMONAQASA to view, download, upload, print and copy from the eMONAQASA website only such copies of the Material as are strictly necessary for your records as a subscribed Bidder/Client and your own use for the purposes of considering, opening and responding to the tenders available on the eMONAQASA website.
    4. You acknowledge and understand that eMONAQASA reserves the right to take whatever action it deems necessary without further notice to protect and enforce its rights. This includes commencing Court proceedings for copyright infringement seeking injunctive relief, compensation in the form of damages or an account of profits, and the payment of legal costs.
    5. All the design, text, graphics, software compilations, underlying source code, software (including applets) and other material on this website are the copyright of eMONAQASA and our affiliates, or our content and technology providers. All rights reserved.

     

  14. PRIVACY
  15. eMONAQASA will only use any personal information you provide to us in accordance with our Privacy Policy. The complete terms of our Privacy Policy are provided on the eMONAQASA websites.

  16. LINKS TO THIRD PARTY SITES
  17. This Website may contain links to other websites that we do not control or maintain. We are not responsible for the content of these sites. We provide these links for your convenience only, and do not endorse their content.

  18. SUBMISSION OF TENDER BIDS
    1. The Tender Bids through eMONAQASA service are notices or other publication of requirements published/created by a subscribed Client ("Client")for specified goods or services listed on and managed through/on this Website and issued by a prospective purchaser of such goods or services in order to receive quotes/bids/offers from third party users of this Website.
    2. Subscribed Bidders acknowledge and agree to the following:
      1. To be responsible to ensure that the Tender Bids are fully compliant with the terms and conditions contained in a relevant Tender Bid and any amendments thereto from the Client, and that all necessary fees required in respect of such Tender Bid are paid. eMONAQASA will not be liable in any way for Subscribed Bidder failure for any reason to comply with such terms and conditions.
      2. To be responsible to ensure that the company verification documents including (but not limited to) trade license, chamber of commerce certification, tender bid-bond, company logo and stamp, are valid up to date.
      3. that shall at all times comply with best practices in governance with regards to any Tender and the parties involved in such Tender or when otherwise dealing with third party users.
      4. To be responsible while uploading data for submission to our tendering system pursuant to a Tender Bid through the eMONAQASA Website to ensure that such data is in a standardized electronic form and configuration compatible both with eMONAQASA's and the Client's systems and requirements. Failure to do so will constitute an unauthorized modification of the data for which neither eMONAQASA nor the Client shall be responsible. In the event of any doubts concerning the appropriate format should contact either eMONAQASA or the Client.
      5. To ensure that any tender or RFP notice used to respond to is lodged with the Client before the bidding date and time. eMONAQASA will, to the best of its ability, ensure that bidding dates and times are correct however we accept no responsibility for incorrect bidding dates and times for tender responses to be submitted using the tendering system provided, or where required to submit any response manually in accordance with the instructions from the Client. The bidding dates and times within any tender documentation should be checked thoroughly or checked directly with the Client if in any doubt.
      6. that eMONAQASA cannot and will not act in any capacity (including but not limited to your agent or intermediary) with respect to influencing or amending the rules, practices or procedures of the Client including (but not limited to) deadlines, information required or the format of any bid.
      7. fully abide by the terms of any Tender elected to participate in on this Website, including but not limited to submitting any required Material as and when due and complying with any confidentiality obligations.
      8. In the event of being the successful Bidder in relation to any Tender Bid, notifications shall be through eMONAQASA.
      9.  

  19. WEBSITE USE AND RESTRICTIONS
  20.  

    1. Subscribers agree and acknowledge to the following
      1. They must notify us immediately and as soon as possible of any non-authorized use of their eMONAQASA account. Should we have reason to believe that the security of the account password may be threatened or otherwise compromised, we reserve the right to at our sole discretion block access to the account and notify Subscriber of such blockage or to take any other action we deem appropriate in this regard.
      2. that certain Personal Information shall be required in order to create an eMONAQASA account.
      3. that the only remedy shall be to cancel the subscriber account and/or refrain from accessing this Website, in the event Subscriber are/is not: (a) satisfied with the Services provided by this Website; (b) in agreement with any of the Terms of Use as they may from time to time be modified; or (c) in agreement with any of our policies or practices;
      4. eMONAQASA reserves the right to accept or reject applications for the creation of an eMONAQASA account. In the event user application is not accepted by us, any subscription fees paid to us shall be refunded in full.
      5. initiate any speculative, false or fraudulent Tenders, participate in any Tenders in any speculative, false or fraudulent manner or submit any speculative, false or fraudulent Material, or otherwise misuse or abuse of any Services provided on this Website.
      6. Ensure that any signed documents submitted/uploaded through eMONAQASA service shall be accompanied with a notarized signature
    2. Subscribers agree not to use the eMONAQASA website to :
      1. impersonate any person or entity or misrepresent their or anyone else's affiliation with them or anyone else.
      2. take any action that imposes or may impose, at our discretion, an unreasonable or disproportionately large load on our systems and infrastructure or that may adversely affect our network or other customers.
      3. upload, post email or otherwise transmit any data file containing software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
      4. act in a manner that negatively affects the ability of any Subscriber, Client or Bidder non-subscribing user or eMONAQASA itself to engage in reasonable usage of the eMONAQASA website
      5. interfere with or disrupt the services of the eMONAQASA website.
      6. transgress any applicable regulations, rules or statutory provisions of local laws or any other relevant jurisdiction or any order or rule of any court of competent jurisdiction.
      7. modify, or otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Material, software or services obtained through or from this Website without the express prior written approval of the owner/owners of such Material, software or services.
      8. interfere or attempt to interfere with the proper working of this Website, activities conducted therein or our systems and infrastructure.

       

    3. If eMONAQASA, in its sole discretion, determines that any of the above restrictions on use have been breached, eMONAQASA may pursue any of its legal remedies, including but not limited to immediate cancellation of a Subscriber's account.
    4. The Material on this Website, as well as the software, systems and infrastructure used to provide such Material is proprietary to eMONAQASA or to the relevant user(s) who has/have submitted such Material.
    5. eMONAQASA reserves the right (in its sole discretion) to take any actions that it believes prudent or necessary to minimize or eliminate its potential liability, including but not limited to the release of any Subscriber's information to a third party.
    6.  

  21. TERMINATION
  22. Subscribers agree that eMONAQASA, in its sole discretion, may terminate the password and username designation or use of the Services, and remove and discard any Material, information or data (including Tender Bids) provided to us or another user if eMONAQASA believes any breach of the Terms of Use.

     

  23. LIMIT OF LIABILITY
  24.  

    1. Users expressly understand and agree that eMONAQASA shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if eMONAQASA has been advised of the possibility of such damages), resulting from (1) the use or the inability to use the Website (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services (3) unauthorized access to or alteration of your transmissions or data including any Material or other information submitted by you.
    2. eMONAQASA does not underwrite the identity of any Subscriber or other user of the eMONAQASA website and will not be held liable for any losses, costs or claims whatsoever arising out of any fraudulent or mistaken identity assumed by any party using the eMONAQASA website or any unauthorized use of any digital certification issued hereunder.

     

  25. INDEMNITY
  26. Subscribers agree to indemnify and hold eMONAQASA and its subsidiaries, affiliates, officers, directors, agents, representatives and employees, harmless from any claim, demand, fines, losses, damages (including legal expenses and the expenses of other professionals) raised or made by a third party owing to or arising out of their breach of Terms of Use or the documents it incorporates by reference (including, without limitation use of digital certification for an unauthorized purpose), or the use of the website, or due to violation of any law or the rights of a third party.

  27. NO AGENCY
  28. eMONAQASA and Subscribed Parties are each independent contractors, and no agency, partnership, joint venture employee-employer or franchiser-franchisee relationship is intended or created by accepting the hereby Terms of Use or use of this Website.

  29. NOTICES
  30. Except as explicitly stated otherwise, any notices shall be given by email to eMONAQASA or to the email address provided by subscribers to eMONAQASA during the registration process, or such other address as the party shall specify. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

  31. FORCE MAJEURE
  32. eMONAQASA shall not be liable for delays and failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of god, labor disputes, disturbances, material shortages, or rationing, riots, acts of war, government regulations, communication or utility failures, or casualties.

  33. DISCLAIMER
  34.  

    1. eMONAQASA may discontinue any Services provided on this Website or otherwise make improvements and/or changes on this Website at any time.
    2. Except as specifically stated on this website, to the fullest extent permitted at law, neither eMONAQASA nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with using this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
    3. eMONAQASA and its associates attempt to be as accurate as possible. However, eMONAQASA does not warrant that service descriptions or other content of this website added by a subscribed Client/Bidder, is accurate, complete, reliable, current, or error-free.
    4. This site is provided by eMONAQASA on an "as is" and "as available" basis. eMONAQASA makes no representations or warranties of any kind, express or implied, as to the information, content, materials, or products included by subscribers on this site. To the fullest extent permissible by applicable law, eMONAQASA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  eMONAQASA does not warrant that this site, its servers, or e-mail sent from eMONAQASA are free of viruses or other harmful components.
    5. eMONAQASA and its associates have no duty or obligation to pre-screen submitted Material or other content, but have the right to refuse to post or to edit such submissions.
    6. eMONAQASA make no guarantees about the availability or continuity of specific Services or Material on this Website. Subscribers shall be solely responsible for the maintenance of all records, information, data, correspondence and other Material necessary for the reconstruction of the files or otherwise for the conduct of business.
    7. in no event shall eMONAQASA and its associates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise.

     

  35. APPLICABLE LAW
  36. By visiting eMONAQASA, Subscribers agree that the laws of UAE, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between any party and eMONAQASA or its associates.

  37. LANGUAGE

Subscribers hereto recognize and acknowledge that the Terms of Use has been prepared in English. In the event it is translated into Arabic and there arising any ambiguity or doubt as regards interpretation of a particular term in Arabic or in case of conflict between the Arabic and the English, the English version shall be consulted for clarification.