Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at cotender.my and the CoTender service (the "Service"), operated by J.E. AI Ventures (Registration No. 202603148600 (MA0347902-X))("CoTender", "we", "us"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a company or other entity, you represent that you are authorised to bind it, and "you" includes that entity.
• You are responsible for the accuracy of the information you provide, for all activity under your account, and for keeping your sign-in email and credentials secure. Notify us promptly of any unauthorised use.

2. What the Service is

CoTender aggregates publicly available Malaysian government procurement information from multiple sources and presents it with tools including eligibility matching, a contractor directory, deadline calendars, market and awards intelligence and, for paid subscribers, document downloads and additional analytics. The Service is an information and productivity tool. It is not a procurement portal, is not a substitute for the official government portals, and does not submit bids on your behalf.

3. No affiliation with government; source data

CoTender is an independent private service. We are not affiliated with, endorsed by, or acting for CIDB, the Ministry of Finance, any procuring agency, or any Malaysian government body. Tender notices, tender documents, award results and contractor-register data originate from those bodies and remain the property of, and subject to the terms of, their respective owners and the public records from which they are drawn. We claim no ownership of that underlying government or public data; our rights are limited to the Service itself (section 7).

4. No warranty as to accuracy; verify before you act

The information in the Service is aggregated from third-party and public sources and is provided for general information and convenience only. We do not warrant that any information (including tender details, closing dates, eligibility requirements, codes, prices, award results, contact details and eligibility verdicts) is accurate, complete, current or fit for any purpose. Eligibility results and market benchmarks are indicative estimates generated automatically; they are not legal, financial, procurement or professional advice and are not a determination of your eligibility. Before relying on anything in the Service, and before preparing, pricing or submitting any bid, you must independently verify the information against the official source and the original tender documents. You are solely responsible for your procurement decisions and submissions. We are not responsible for missed tenders or deadlines, errors or omissions in source data, ineligible or unsuccessful bids, or any decision you make based on the Service.

5. Acceptable use

You agree not to:

• access, copy, scrape, harvest, index or extract data from the Service by automated means or in bulk, except as we expressly permit in writing;
• resell, redistribute, sublicense or commercially exploit the Service or its data, or build a competing dataset or product from it;
• use contact details obtained through the Service only for legitimate, lawful business communications, never for unlawful, deceptive or abusive messaging (including spam), and always in compliance with applicable anti-spam, privacy and marketing laws;
• circumvent or attempt to circumvent access controls, rate limits, security, or the login/subscription gate; probe, scan or test vulnerabilities; or disrupt the Service; or
• misrepresent your identity or eligibility, or use the Service for any unlawful purpose or in breach of any third-party right.

We may monitor, rate-limit, suspend or terminate use that we reasonably believe breaches these Terms.

6. Subscriptions, trials, billing and cancellation

• Plans and pricing: paid features ("CoTender Pro") are offered on the plans and at the prices shown at checkout (currently a monthly and an annual plan), exclusive of any applicable taxes unless stated otherwise.
• Free trial: where offered, your subscription begins with a free trial (one free trial per account). We collect your payment method at sign-up; you are not charged during the trial and may cancel at any time before it ends to avoid any charge.
• Auto-renewal: unless cancelled, your subscription automatically renews at the end of each billing period and your payment method is charged the then-current fee for the next period.
• Cancellation: you may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then.
• Refunds: except where required by law, fees already charged are non-refundable, including for partial periods after cancellation. The free trial is provided as the risk-free way to evaluate the Service.
• Price changes: we may change prices or plans on a prospective basis with reasonable notice; changes apply from your next renewal. Payments are processed by Stripe and are also subject to Stripe's terms.

7. Intellectual property

The Service (including its software, design, text, graphics, compilation and organisation, and the CoTender name and logo) is owned by us or our licensors and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own internal business purposes in accordance with these Terms. We do not claim ownership of the underlying public government data (section 3). You retain ownership of the content you submit and grant us a licence to host and process it to provide the Service.

8. Third-party services and links

The Service relies on and links to third-party services and websites, including payment processing and government portals. We are not responsible for third-party services, their content, availability or terms; your use of them is at your own risk and subject to their terms.

9. Disclaimer of warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the Service will be uninterrupted, secure or error-free. To the maximum extent permitted by law, we disclaim all such warranties.

10. Limitation of liability

To the maximum extent permitted by law:

• we (and our directors, employees, suppliers and licensors) will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, business, opportunity, contracts, bids, goodwill or data, however caused; and
• our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of the total fees you paid us in the twelve (12) months before the event giving rise to the claim, or one hundred Malaysian Ringgit (RM100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Malaysian law.

11. Indemnification

You agree to indemnify and hold us harmless from claims, losses, liabilities and expenses (including reasonable legal fees) arising from your use of the Service, your content, your breach of these Terms, or your violation of any law or third-party right.

12. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or to protect the Service or other users. On termination the licences granted to you end; provisions that by their nature should survive (including sections 3, 4, 7, 9, 10, 11 and 13) survive.

13. Governing law and disputes

These Terms are governed by the laws of Malaysia. The courts of Malaysia have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, without prejudice to any mandatory consumer protections available to you.

14. Changes to the Service and these Terms

We may modify or discontinue features of the Service, and may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, where appropriate, notify you. Your continued use after changes take effect constitutes acceptance.

15. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Nothing here creates a partnership, agency or employment relationship.

16. Contact

J.E. AI Ventures (Registration No. 202603148600 (MA0347902-X)): admin@cotender.my.