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Terms and Conditions for the Ministry of Trade and Industry (MTI) Online Services 1. Introduction

The Terms and Conditions (“Terms”) are provided by the Ministry of Trade and Industry (MTI) on behalf of the Government of the Republic of Botswana as part of e-Government Implementation. They are meant to serve two main purposes being for general guidance on the use of the MTI Online Services (“services”) and to serve as a legal contract between the user and MTI. The rights and obligations for each party on the use of MTI Online Services are clearly stipulated, although not exhaustively. By clicking on the “ACCEPT” button provided at the bottom of this page, you (the user) admit that you have read, understood and agrees to these terms, and has concerted to us (MTI) using and/or keeping your information. Clicking on the “Decline” button will automatically close the page and take you back to where you were before.

2. Copyright and Intellectual Property Rights

The content on MTI Online Services, including but not limited to all registered and unregistered trademarks, (or any confusingly similar trademarks) logos, pictures, patents, design elements, software and source code, text, graphics icons, and hyperlinks, constitutes MTI intellectual property rights and are protected by the Copyrights and Neighbouring Rights Act. As such, copying, duplicating, reproducing, republishing, selling, editing, redistributing or establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise ("linking") to them or any other subsidiary pages without prior written consent is prohibited. The user is however, allowed to view, download for caching purposes, print and save content of these services for your personal use ONLY.

3. No Warranties

Whilst MTI endeavor to design and maintain the pages to a satisfactory quality with correct and up to date information, we make no representations or warranties of any kind, expressed or implied, in respect of the performance, completeness, accuracy, security, safety, reliability, suitability or availability of the services or the information contained therein, for any purpose.

4. Limited Liability

Although MTI has taken reasonable care to prevent harm or loss to you, we are not liable for any harm or loss whatsoever arising as a result of your use of the services unless such loss or damage arises from our gross negligence or intentional misconduct. This includes your inability to use Internet Services including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract or statutory instruments Without derogating from the generality of the foregoing, we (MTI) are not liable for:

• any damages which you suffer as a result of a compromise of your confidential business or personal information;
• any interruption, malfunction, downtime or other failure of the services, our IT system, third party system, databases or any component thereof, for whatever reason;
• any loss or damage with regard to your or any other data directly or indirectly caused by malfunction of our IT system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on the system or third party systems, programming defects, negligence on our part;
• any interruption, malfunction, downtime or other failure of services provided by third parties, including, without limitation, third party systems such as the telecommunication service providers, internet service providers, electricity suppliers, local authorities and regulatory or certification authorities;
• any event over which we have no direct control. Furthermore, you indemnify us against any claims by third parties or loss suffered by us arising from your use of the MTI Online Services.

Furthermore, you indemnify us against any claims by third parties or loss suffered by us arising from your use of the MTI Online Services.

5. Your Instruction and Usage of the Service

The following are some of the key points you need to understand before using these services.

• Because we communicate through the Internet, you agree that we are entitled to assume that you have authorized all transactions once your personal data, supposedly known to you alone, have been entered. This will not apply if you have police report to prove that your confidential information have been misplaced, lost or stolen. Our records of your transactions will be proof of any instruction you have given us, unless you can prove to the contrary.
• It is your responsibility to ensure that the information and instructions provided when completing online service forms is legal, clean, true, correct and accurate.
• MTI will at all times try to provide assistance where necessary, but will not be responsible for any loss or damage caused by your error.
• Failure to provide all key information in filing some of the forms may lead to your request not being submitted. Key Information will always be shown by an asterisk (*).
• This service is free and cheaper to execute, however, unless otherwise stated in a service agreement, all transactions will be subject to the same turnaround times that apply to the same transactions, if done manually at MTI offices.
• The system is configured to send auto generated messages to your email and/or mobile phones and these messages are sent upon completion of certain events or when decision needed to be communicated to or when more information or clarification is needed from you. Note the notification will at all times have a reference number of the service you have requested so make use of that reference number when contacting back MTI.
• An instruction will only be deemed to have been received by us once we have acknowledged receipt thereof through our notification platforms. If you are not sure whether your transaction has been received and processed, Please contact us before you re-submit the instruction. This is because re-submitting an instruction may cause us to process the same transaction twice or more
• All the services provided herein have separate legal instruments, procedures and guidelines on how to complete their forms. It is therefore advisable to always read these documentations before completing the form

6. Applicable laws

These Terms shall be governed by and construed and/or interpreted in accordance with the laws of the Republic of Botswana and any disputes relating to their use will be subject to the non-exclusive jurisdiction of the courts of Botswana. Accessing these services from another country may be an offence in that country, therefore the use of them outside Botswana will be at your own risk. Misuse of these services may give rise to a claim for damages and/or be a criminal offence.

7. Privacy

MTI greatly respect your privacy and your personal information, we will take all reasonable measures to protect your personal information and to keep it confidential, in anticipation of the long awaited privacy and personal data protection laws.

8. Modification

The content of this site will be amended or modified from time to time and the amendment or modification will take effect on the date of publication.