Terms of Service
Entity Name: KYZ (Pty) Ltd ("KYZ", "we", "us", or "our")
Website: kyz.co.za
1. Description of Service
KYZ provides a digital subscription-based platform that aggregates, categorizes, and indexes public and private procurement notices, Requests for Proposals (RFPs), and Requests for Quotations (RFQs) across South Africa.
2. Non-Affiliation and Public Source Information
2.1 Government Disclaimer:
KYZ is a commercial, third-party notification service. We do not issue, evaluate, or award government tenders.
2.2 Accuracy & Completeness:
While KYZ uses automated systems and human verification to maintain accurate data, tender notices, dates, specifications, and requirements are determined solely by the issuing entity (e.g., municipalities, government departments). KYZ accepts no liability for errors, omissions, or updates made to official tender documents by the issuing organs of state.
2.3 Tender Submissions:
KYZ does not accept or process tender bid submissions. All bid submissions must be submitted directly to the relevant issuing authority in accordance with their specific instructions.
3. Subscription Fees, Billing, and Renewals
3.1 Access Model:
Access to premium aggregation features, search filters, and automated email/SMS alerts requires an active paid subscription.
3.2 Payment Methods:
Subscriptions are billed electronically via accepted South African payment gateways (e.g., Instant EFT, Debit Order, or Card Processing).
3.3 Recurring Billing:
Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless explicitly cancelled by the subscriber prior to the renewal date.
4. Refund Policy and Chargebacks
4.1 Digital Delivery:
Due to the immediate digital access granted upon payment, subscription fees are generally non-refundable once access to the database or alert system has been provisioned.
4.2 Guarantee Disclaimer:
KYZ makes no representation or warranty that use of our platform will result in winning a tender, securing a contract, or receiving business opportunities. Dissatisfaction with tender outcomes or public tender availability is strictly non-refundable.
4.3 Fraudulent Chargebacks:
Unfounded card scheme chargebacks or payment disputes initiated for valid digital services rendered will result in immediate account termination, blacklisting, and referral to debt recovery in accordance with South African law.
5. User Conduct and Intellectual Property
5.1 Authorized Use:
Your subscription grants a non-exclusive, non-transferable license to search and monitor tenders for your internal business operations.
5.2 Scraping Prohibition:
Automated scraping, bulk copying, reselling, or re-distributing KYZ’s proprietary database, code, or indexed feeds to third parties is strictly prohibited.
6. Limitation of Liability
To the maximum extent permitted by the Consumer Protection Act (CPA) 68 of 2008 and the Electronic Communications and Transactions Act (ECTA) 25 of 2002:
KYZ shall not be liable for any direct, indirect, incidental, or consequential damages resulting from missed tender deadlines, submission rejections, platform downtime, or third-party website errors.
KYZ's maximum liability for any claim arising out of these terms shall not exceed the total fees paid by the subscriber to KYZ during the three (3) months preceding the claim.
7. Protection of Personal Information (POPIA)
KYZ processes subscriber account data, search queries, and notification preferences in strict compliance with the Protection of Personal Information Act (POPIA) 4 of 2013. For full details on data retention and processing, please refer to our Privacy Policy.
8. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the South African courts.