Terms of Use and Disclaimer
SARS Open Market Collaboration Platform
1. Definitions
1.1 "Platform" means SARS' Open Market Collaboration Platform;
1.2 "Participant" means any individual or entity registering on and using the Platform to offer goods or services.
2. Purpose of the Platform
The SARS Open Market Collaboration Platform (“the Platform”) is provided solely to facilitate open, non-commercial discussions, exchange of ideas, and market insights between SARS and external participants. Participation does not constitute a procurement process, solicitation, tender, commitment, or promise of future business.
3. Participant Registration and Account
3.1 Participants must provide accurate and complete information during registration.
3.2 You are responsible for maintaining the confidentiality of your account details and for all activities under your account.
3.3 SARS reserves the right to suspend or terminate accounts that provide false information or violate these terms.
4. Listing of Goods and Services
Participants must ensure that all Submission/listings of goods and/or services are accurate, complete, and comply with all applicable laws and regulations.
5. No Confidential or Proprietary Information
5.1 Participants must not upload, share, or disclose any information that is confidential, proprietary, commercially sensitive, or protected by intellectual property rights unless they are fully entitled to do so and accept the consequences of such disclosure.
All information shared on the Platform is deemed non-confidential.
5.2 Participants agree to keep confidential all non-public information obtained through the Platform or during the course of their engagement.
6. Intellectual Property
6.1 Intellectual Property Ownership
6.1.1 Participants retain ownership of any pre-existing intellectual property they hold prior to participation.
6.1.2 Participants are solely responsible for protecting their own intellectual property prior to and during participation on the Platform.
6.1.3 By submitting ideas, concepts, suggestions, comments, or materials on the Platform (“Submissions”), participants acknowledge that such Submissions may overlap with existing or future SARS initiatives or ideas from other participants.
6.1.4 Participants warrant that they have the right to participate in the Platform and that their Submission do not infringe on any third-party intellectual property rights.
6.1.5 SARS will not provide advice, assistance, or protection in respect of intellectual property rights.
6.2 No Liability for Intellectual PropertyP Disputes
6.2.1 SARS accepts no responsibility or liability for:
(a) Any loss of intellectual property rights;
(b) Any alleged infringement, misuse, or misappropriation of intellectual property; or
(c) Any disputes arising between participants or third parties in relation to Submissions made on the Platform.
Licence Granted to SARS
By making a Submission on the Platform, participants grant SARS a royalty-free, irrevocable, non-exclusive, perpetual licence to view, use, reproduce, adapt, analyse, and internally share such Submissions for policy development, research, planning, or operational consideration, without obligation to compensate or credit the participant.
7. No Obligation and No Compensation
7.1 SARS has no obligation to:
7.1.1 Use, progress, acknowledge, or respond to any Submission;
7.1.2 Enter into any commercial, procurement, or contractual arrangement arising from any Submission; or
7.1.3 Compensate participants for any ideas, concepts, or materials shared on the Platform.
8. Limitation of Liability
SARS shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Platform.
9. Indemnification
Participants agree to indemnify and hold harmless SARS from any claims, damages, or expenses arising from their use of the Platform or breach of these terms.
10. Protection of Personal Information Act (POPIA) Compliance
10.1 Processing of Personal Information:
10.1.1 Participants acknowledge and agree that in the course of using the Platform they may process Personal Information of natural persons and juristic persons.
10.1.2 Participants undertake to process all Personal Information strictly in accordance with POPIA and any other applicable data protection laws.
10.2 Purpose and Scope:
Any Personal Information shared or accessed via the Platform shall only be processed for the specific purpose outlined in paragraph 2 above.
10.3 Security Measures:
10.3.1 Participants shall implement appropriate technical and organisational measures to ensure the security and confidentiality of Personal Information, preventing unauthorised access, disclosure, alteration, or destruction.
10.3.2 The Participant acknowledges and agrees that SARS implements reasonable technical and organisational measures to protect personal information submitted by the Participant against unauthorised access, alteration, disclosure, or destruction, in accordance with POPIA. While SARS strives to maintain a secure environment, the Participant understands that no method of transmission over the Internet or method of electronic storage is 100% secure. The Participant agrees to comply with all security protocols and guidelines provided by SARS and to immediately report any suspected security breaches or unauthorised access to their account or personal information. SARS shall not be liable for any loss or damage arising from the Participant's failure to maintain the confidentiality of their account credentials or from any unauthorised access to the Participant's account.
10.4 Data Breach Notification:
In the event of a suspected or actual data breach involving Personal Information processed under these terms, the Participant shall immediately notify SARS and cooperate fully in investigating and mitigating the breach.
10.5 Data Subject Rights:
Participants shall cooperate with relevant institutions including SARS in responding to requests from data subjects regarding their rights under POPIA (e.g., access, correction, deletion).
11. Governing Law and Dispute Resolution
11.1 These terms shall be governed by the laws of South Africa.
11.2 Any disputes shall first be attempted to be resolved through good faith negotiations. Failing that, disputes shall be submitted to the exclusive jurisdiction of the courts of South Africa.
12. Public Sector Context
Participants acknowledge that SARS operates within a regulated public-sector environment and is subject to constitutional, legislative, and governance requirements, including transparency and fairness. Participation on the Platform does not create any preferential treatment or competitive advantage.
13. Acceptance of Terms
By accessing or participating on the Platform, users confirm that they have read, understood, and accepted these Terms of Use and Disclaimer in full.