Terms of Service

Effective Date: 1 March 2026  |  Last Updated: 2 March 2026

These Terms of Service ("Terms") govern your access to and use of the TenderWatch platform ("Service"), operated by TenderWatch SA ("we", "us", "our"), a South African entity. By accessing or using the Service, you agree to be bound by these Terms.

1. Definitions

• "Service" means the TenderWatch web application, API, dashboard, and associated tools.
• "User" means any individual or organisation accessing the Service.
• "API Key" means the unique credential issued to authenticate your access.
• "Subscription" means a paid plan providing enhanced access and features.
• "Anomaly" means a pattern flagged by the automated detection engine for further investigation.

2. Service Description

TenderWatch is a procurement monitoring tool that analyses publicly available South African government tender data to identify patterns that may warrant investigation. The Service provides:

• Automated anomaly detection across 9 rule-based patterns
• Investigation case management tools
• Dashboard visualisations and data export
• API access for programmatic integration (paid tiers)

3. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into contracts under South African law. By registering, you represent that all information provided is accurate and current.

4. Subscription Plans and Billing

4.1 Plans

We offer the following tiers: Community (free), Investigator, Newsroom, and Enterprise. Features and limits are described on our Pricing page.

4.2 Payment

Payments are processed by PayPal. All amounts are in South African Rand (ZAR). By subscribing, you authorise charges at the frequency selected (monthly or annual).

4.3 Price Changes

We may adjust pricing with at least 30 calendar days' written notice. Existing subscriptions will honour their current rate until the next renewal date after the notice period.

4.4 NGO Discount

Registered South African non-profit organisations (NPOs) with a valid PBO number may qualify for a 30% discount. Eligibility is subject to verification.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time via the dashboard or API. Cancellation takes effect at the end of your current billing period. You retain access to paid features until then.

5.2 Refund Policy

In compliance with the South African Consumer Protection Act (CPA), No. 68 of 2008:

• Full refund (cash): Available if requested within 7 calendar days of your first payment AND fewer than 100 API calls have been made using your key. Refunds are processed to the original payment method within 5–10 business days.
• Mid-cycle downgrade (service credit): If you downgrade from a higher tier to a lower tier mid-billing cycle, you will receive a service credit (not a cash refund) equal to the unused portion of your subscription. This credit is applied automatically to future invoices and expires after 12 months.
• Annual plans: Prorated cash refund for unused full months, less a 10% early termination fee. Minimum refund: R0.
• No cash refunds for partial months after the 7-day window, except where required by the Consumer Protection Act.

Refund requests should be submitted via the dashboard or by emailing southafricanapp@outlook.com. We will respond within 2 business days.

6. Acceptable Use

You agree not to:

• Use the Service to harass, defame, or make unfounded public accusations against individuals or organisations
• Present anomaly flags as confirmed findings of corruption without independent investigation
• Attempt to reverse-engineer the detection algorithms
• Share API keys or allow unauthorised access to your account
• Scrape, mirror, or redistribute Service data in bulk without written permission
• Use the Service to circumvent South African law, including POPIA and PAIA
• Submit false, misleading, or fraudulent information

7. Intellectual Property

The Service, including its algorithms, interface, and branding, is the intellectual property of TenderWatch SA. Government tender data sourced from the National Treasury OCDS API is public data; our value-add analysis, risk scores, and detection rules are proprietary.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. We process personal information in accordance with the Protection of Personal Information Act (POPIA), No. 4 of 2013.

9. Limitation of Liability

To the maximum extent permitted by South African law:

• The Service is provided "as is" without warranty of any kind, express or implied.
• We are not liable for decisions made based on flagged anomalies.
• Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
• We are not liable for indirect, incidental, special, or consequential damages.

However, nothing in these Terms excludes or limits our liability for:

• Death or personal injury resulting from our negligence;
• Fraud or fraudulent misrepresentation;
• Gross negligence or wilful misconduct;
• Any other liability that cannot be excluded under the Consumer Protection Act 68 of 2008.

10. Indemnification

You agree to indemnify and hold harmless TenderWatch SA from any claims, damages, or expenses arising from your use of the Service, including any publications based on data obtained through the Service.

11. Termination

We may suspend or terminate your access if you breach these Terms. In such cases, no refund will be issued for the remaining subscription period. We will provide written notice and a reasonable opportunity to remedy the breach where practicable.

12. Dispute Resolution

If you have a complaint about our Service:

1. Contact us first: Email southafricanapp@outlook.com with a description of your complaint. We will respond within 10 business days.
2. If unresolved: You may refer the matter to:
   • The National Consumer Commission (for Consumer Protection Act matters)
   • The Information Regulator (for POPIA-related matters)
3. Mediation: Before initiating court proceedings, both parties agree to attempt mediation through an accredited mediator in Gauteng.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of Gauteng, South Africa.

14. Changes to These Terms

We may update these Terms with 30 days' notice via email or dashboard notification. Continued use after the effective date constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms or to submit a PAIA request:

• Email: southafricanapp@outlook.com
• PAIA Officer: TenderWatch SA, Sandton, Gauteng, South Africa