Massbuild App’s Terms of Use (“Terms”)

1 DEFINITIONS

1.1 These Terms may contain a number of terms and phrases which have a specific meaning

     in this document. In these Terms, headings are for convenience and shall not be used in

     its interpretation.

1.2 Unless we indicate to the contrary in these Terms, any references to any gender includes

     the other genders, a natural person includes an artificial person and vice versa, the

     singular includes the plural and vice versa.

1.3 The following expressions shall bear the meanings assigned to them below and related

     expressions shall bear corresponding meanings –

1.3.1 “App” means the Massbuild mobile application called “Builders Get It Done”, offered

        for use by Customers, subject to these Terms;

1.3.2 “App Services” means the mechanism made available by Massbuild through the App

        to facilitate the booking and payment for Services requested by Customers to be

        provided by Suppliers;

1.3.3 ”Call Centre” means the call centre operated by GetTod on behalf of Massbuild, ,

        which can be contacted on support@gettod.com or such other email or number as

        may be communicated to the Customer via the App from time to time;

1.3.4 “Customer/you/yours” means a customer registered on the App;

1.3.5 “Customer Satisfaction Confirmation” means the confirmation obtained from the

        Customer by Massbuild confirming that the Services have been satisfactorily

        completed by the Supplier, which confirmation shall be obtained electronically via the

        App and shall be recorded on the App;

1.3.6 “Content” means all materials, including without limitation, graphics, images, audio

        material, video material or audio-visual material that you submit on the App for storage

        or publication on, processing by, or transmission, via the App;

1.3.7 “GetTod” means Gettod SA (Pty) Ltd, a private company incorporated in the Republic

        of South Africa, with registration number 2016/154555/07) and with its registered

        address at 4E Algarkirk Road, Fresnaye, who shall be administering the App for and

        on behalf of Massbuild;

1.3.8 “Massbuild/we/us” means Massbuild Proprietary Limited, a private company

        incorporated in the Republic of South Africa, with registration number 2004/035206/07

        (VAT registration number 4720218876) and with its registered address at 16 Peltier

        Drive, Sunninghill Ext 6, Sandton, South Africa, 2157 and with postal address Private

        Bag X88, Sunninghill, South Africa, 2157;

1.3.9 “Privacy Policy” means Massbuild’s privacy policy located at

        https://www.builders.co.za/privacy-policyexplaining how we process personal

        information of Customers;

1.3.10 “Service/s” means the on-demand services provided directly to the Customer by

        Suppliers including plumbing, electrical, locksmith, handyman, carpentry, and related

        services; and

1.3.11 “Supplier” means a third party supplier registered to provide Services via the App.

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2 GENERAL

These Terms govern your use of the App and is subject to your acceptance without

modification of the terms, conditions, and notices contained in these Terms and as set out in

the Privacy Policy. By using the App, you agree to the Terms and the Privacy Policy.

IMPORTANT PROVISIONS IN THESE TERMS

These Terms contain provisions which limit our exposure to legal liability and even

make you responsible for a variety of acts. Some of these provisions have the

effect of limiting your rights in law and conferring obligations on you by virtue of

your agreement to these Terms and are highlighted for your attention under these

Terms.

Nothing in these Terms are intended to or must be understood to unlawfully

restrict, limit or avoid any rights or obligations, as the case may be, created in

terms of the Consumer Protection Act, 2008, to the extent that such legislation is

applicable.

The App is made available to you for a limited purpose and it is therefore important

that you familiarise yourself with these provisions before you access the App (or

any part thereof) and that you not access the App (or any part thereof) if you do not

agree to abide by those provisions.

These Terms form an agreement between you and us, so please make sure that

you understand all the terms and conditions set out below.

Important clauses, which may limit our responsibility or involve some risk for you

are reflected in bold and italics or are highlighted. You must pay special attention

to these clauses.

3 INTRODUCTION

3.1 These Terms apply to the App and App Services and is provided solely to you for the

     provision of the App Services.

3.2 You agree that you will only use the App in accordance with these Terms and any

     additional terms as mentioned below that may apply, including any terms and conditions

     incorporated herein or by reference and any applicable laws, rules and regulations.

3.3 By registering to use the App and/or accessing the App, you agree and

     acknowledge that you have read and understand all of the terms and conditions of

     these Terms, and you agree to be legally bound by these Terms.

4 APP SERVICES

4.1 The App Services offered to Customers are listings of the services which Customers are

     able to browse through and book and pay for on the App, subject to these Terms.

4.2 The Customer acknowledges that –

4.2.1 the provision of any Service is the duty of the Supplier and Massbuild as well as

        GetTod, through the App, merely offers information and a system for Suppliers to

        provide such Services to Customers and for Customers to procure such Services from

        the relevant Supplier; and

4.2.2 while the Customer may book and pay for the Service(s) via the App, the actual

        contract for the procurement of the Service(s) is directly between the Supplier and

        Customer. For clarity, Massbuild is not a party to any transaction for the Services

        and, accordingly, shall have no liability arising from the provision of the

        Services by any Supplier. You agree to indemnify and hold harmless Massbuild,

        its directors, employees and agents for any and all costs, losses and/or

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damages howsoever arising, whether direct, indirect or consequential out of

any transaction concluded for a Service made available on the App.

4.3 We reserve the right to replace, change or discontinue any of the App Services on

     reasonable notice to you and may also offer additional functionality as part of the App

     Services from time to time.

4.4 It is recorded that GetTod shall administer the App and the Suppliers for and on behalf of

     Massbuild.

5 RELATIONSHIP BETWEEN MASSBUILD AND CUSTOMERS

5.1 Massbuild does not intend to provide the Services itself or act in any way as a plumbing,

     electrical, locksmith, handyman, carpentry, and other home-related services provider,

     and has no responsibility or liability for any Services provided to you by Suppliers,

     including, but not limited to any warranty that the Services will be of a good quality

     or that it will be provided in compliance with any law, regulation, or code.

5.2 The Supplier assumes responsibility for the Services which you book and pay for via the

     App. We are not responsible or liable to you for the actual Service(s) booked

     through the App.

5.3 Massbuild may check the backgrounds and credentials of Suppliers via third party

     background checking services and any other internal vetting processes. However, you

     should exercise caution and common sense to protect your personal safety and property.

     By using the App, you agree to hold Massbuild harmless from any liability or

     damage that might arise out of the Services. Massbuild is not responsible for the

     conduct, whether online or offline, of any Suppliers, and will not be liable for any

     claim, injury or damage arising in connection with any Services. It would be your

     responsibility to look to the Supplier directly for recourse in this regard.

6 ACCOUNT REGISTRATION

6.1 In order to access the key functionality of the App, you are required to register an account

     (“Account”) where you will be required to provide certain personal information which will

     be used by us in accordance with any consent obtained from you and the terms of our

     Privacy Policy. It is recorded that GetTod shall be administering the App for and on behalf

     of Massbuild and therefore, GetTod may be required to process your personal information

     which will be used in accordance with any consent obtained from you.

6.2 By registering an Account, you represent and warrant that you have the legal capacity or

     necessary consent to enter into a binding contract with Massbuild.

6.3 By registering on the App, you agree to provide accurate and current information about

     yourself as required by Massbuild and/or GetTod to maintain and update your information

     to ensure that it is accurate and current.

6.4 Either you or Massbuild may terminate your registration at any time, for any reason,

     without explanation, effective upon sending written notice to the other party. We reserve

     the right to suspend or terminate your access to the App, without notice, upon any breach

     of these Terms which is brought to our attention. Your username and password

     (“Registration Details”) are for your sole, personal use. You may not authorise other

     persons to use your Registration Details, and you may not transfer your Account to any

     other person or entity. You are responsible for logging out if your computer or mobile

     device is accessible to others as a means to prevent unauthorised access.

7 YOUR USE OF THE APP

7.1 The use of the App and/or App Service is free of charge.

7.2 The App allows you to send requests for Services – Massbuild shall procure reasonable

     efforts to bring you into contact with a Supplier in order to obtain Services, subject to the

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availability of Suppliers in or around your location at the time of your request for Services.

7.3 Once a request for Services via the App has been received, the GPS receiver – which

     should be installed on the mobile device on which you have downloaded the App, detects

     your location and sends your location information (which is required to be provided by you

     in order to utilise the Services) to us, GetTod and/or the relevant Supplier. You

     acknowledge that the Supplier has sole and complete discretion to accept or reject each

     request for Service. The Suppliers may choose not to accept the request for Services and

     Massbuild is not responsible if we or the Supplier are unable to provide you with the

     requested Services. Accordingly, the Supplier also has sole and complete discretion over

     whether to use the App to receive the leads generated through the App. If the Supplier

     accepts a request from you for Service(s), you will be notified via the App and you will be

     provided information regarding the Supplier – including the Supplier’s name, company

     name (where applicable), and customer service rating for such Supplier (where

     applicable) – and the ability to contact the Supplier by telephone and/or e-mail.

7.4 The App also allows you to view the Supplier’s progress towards the location where the

Service(s) will be performed, in real time.

7.5 For the duration of these Terms, you may only use the App –

7.5.1 for personal use (or for the use of a person, including a company or other organisation

        that you validly represent); and

7.5.2 to book Services solely with respect to a location where you are legally authorised to

        have Services performed.

7.6 You may not –

7.6.1 use the App for any other purposes or in connection with any commercial endeavours

        whatsoever without our prior written consent; and

7.6.2 use the App and/or App Services with an incompatible or unauthorised device.

7.7 You agree to –

7.7.1 provide a safe and appropriate working environment for Suppliers that is in

        compliance with all applicable laws and regulations, and

7.7.2 provide reasonable co-operation to the Supplier/s to enable them to perform Services.

7.7.3 keep secure and confidential your Account and/or Registration Details or any

        identification we provide you which allows access to the App and/or App Services;

7.7.4 provide us with any proof of identity we may reasonably request; and

7.7.5 only use an access point or 3G data account (AP) which you are authorised to use.

7.8 You shall not use the App to do any of the following –

7.8.1 upload files that contain viruses, Trojan horses, corrupted files, or any other similar

        software that may damage the operation of another’s computer;

7.8.2 upload files that contain software or other material that violates the intellectual

        property rights or rights of privacy or publicity of any third party;

7.8.3 post a review or rating unless such review or rating contains your independent,

        honest, genuine opinion;

7.8.4 use the App for any purpose or in any manner that is in violation of any applicable

        laws;

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7.8.5 publish, post, upload, distribute or disseminate any profane, defamatory, false,

        misleading, fraudulent, threatening or unlawful topics, names, materials or information,

        or any materials, information or content that involve the sale of counterfeit or stolen

        items;

7.8.6 conduct or forward surveys, contests, pyramid schemes, or chain letters;

7.8.7 impersonate another person or allow any other person or entity to use your

        identification to post or view comments or otherwise use your Account;

7.8.8 post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly

        prohibited;

7.8.9 restrict or inhibit any other Customer from using the App or enjoying the App Services;

7.8.10 reverse engineer, disassemble, decompile, translate, modify, adapt, license,

        sublicense, alter, copy, distribute, hack or interfere with the App, its servers or any

        connected networks, use a robot, spider, manual and/or automatic processes or

        devices to data-mine, data-crawl, scrape or index the App in any manner, or attempt

        to do any of the foregoing;

7.8.11 remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks

        and rights owned by us;

7.8.12 register to use the App under different usernames or identities, after your Account has

        been suspended or terminated; and

7.8.13 mirror or archive any part of the App or any content or material contained on the App

        without our written permission.

8 PAYMENT FOR SERVICES

8.1.1 The applicable rates for the Services can be found on the App – these may be

        modified or updated by Massbuild from time to time. It is your own responsibility to

        remain informed about the current rates for the Services.

8.1.2 Upon receipt of your booking for the Services, you hereby authorise us and/or GetTod

        to charge the credit card / payment account linked to your Account for the amount

        reflected on the App for the Service(s) booked using your Account.

8.1.3 You are responsible for the timely payment of all fees and for providing Massbuild with

        a valid credit card account / account details for payment of all fees for Services at

        all times.

8.1.4 Massbuild and/or GetTod uses a third-party payment processor (the “Payment

        Processor“) to link your credit card account to the App and/or App Service /

        process your payment for the Service(s). The processing of payments or credits, as

        applicable, in connection with your use of the App and/or Services will be subject to

        the terms, conditions and privacy policies of the Payment Processor and your credit

        card issuer in addition to these Terms. Massbuild is not responsible for any errors by

        the Payment Processor. In connection with your use of the Services, Massbuild will

        obtain certain transaction details, which Massbuild will use solely in accordance with

        its Privacy Policy.

8.1.5 All payments for Services must be made through the App. Any payments made

        outside of the App are not subject to our Refund Policy as set out in clause 10 below.

8.1.6 Except as expressly set out herein, no refunds or credits will be provided once the

        Customer’s credit card / payment account has been charged, except that at our sole

        discretion, refunds or credits may be granted in extenuating circumstances, for

        instance, to correct any errors we have made.

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9 CANCELLATION OF SERVICES

9.1 Policy for Service Cancellation by Customer.

     Once you have requested the Services of a Supplier, a Supplier shall immediately be

     deployed to you. The Supplier Services is offered on-demand and can be tracked via live

     GPS. Massbuild and GetTod values your time and the time of our Suppliers and with this

     in mind a cancellation fee of R200.00 is levied against any cancelled job requested.

9.1.1 The cancellation fee applies in the following two scenarios:

9.1.1.1 In the event that the Customer cancels after 10% (ten percent) of the estimated

           arrival time has been concluded. The timer on the App shall indicated the allotted

           cancellation period;

9.1.1.2 In the event that the Customer has a change of mind after the Supplier has already

           arrived at the Customer’s nominated location.

9.1.2 A Service appointment may be cancelled through the App.

9.2 Policy for Service Cancellation by Supplier.

     When a Supplier cancels a scheduled Service appointment, the App generally notifies the

     Customer and the request will be rescheduled to another Supplier to provide the Service.

     However, Massbuild cannot guarantee that a cancelled Service (a) appointment will be

     rescheduled, as this will depend on many factors, including the availability of an

     alternative Supplier. No cancellation fee shall be applicable should the Supplier cancel

     the Service.

10 COMPLAINTS AND REFUND POLICY

10.1 If you have booked and paid for any Service(s) through the App and the Service(s) has

     already been performed, you will be requested, following the completion of the Services,

     to rate your experience with the Supplier – you will be prompted to do so via the

     Customer Satisfaction Confirmation. The rating is on scale between 1 and 5, with 1 being

     the least satisfactory Service and 5 being the most satisfactory Service.

10.2 If you are not satisfied with the Service, then you may be eligible for a refund, provided

     that –

10.2.1 you report the issue you have with the performed Service within 24 (twenty four)

        hours of the completion of the Service(s) via the App or Call Centre,

10.2.2 the issue reported by the Customer is not disputed by the Supplier; and

10.2.3 the Customer can demonstrate to the reasonable satisfaction of Massbuild that the

        Service(s) rendered was not satisfactory or the facts clearly indicate that the

        Service(s) was not rendered in a satisfactory manner.

10.3 If you are unhappy with or have any complaints regarding any Service(s) and the

     timelines contemplated in clause 10.2.1 have passed, you may either –

10.3.1 contact the Supplier directly in order to resolve any issues you may have directly with

        the Supply; or

10.3.2 ask us or GetTod to contact the Supplier on your behalf.

10.4 If the reported issue cannot be resolved following contact with the Supplier, you may

     either –

10.4.1 be entitled to a refund for the disputed amount of your payment; or

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10.4.2 request that we arrange for the re-performance of the disputed Services at no

        additional cost to you.

10.5 If there is a valid dispute by the Supplier regarding your complaint (“Dispute”), we will

     arrange for an independent third party appointed by us (“Independent Supplier”) to

     assess the complaint and determine a fair outcome of the Dispute.

10.6 If the Independent Supplier determines that, after considering the relevant facts and

     circumstances, the Services were satisfactory and the claim was valid, you will be entitled

     to a refund in terms of paragraph [10.8 below. If the Independent Supplier determines

     that your claim is invalid, you shall be liable for –

10.6.1 the amount of the refund for the disputed claim; and

10.6.2 the call out fee and other reasonable expenses incurred by the Independent Supplier.

10.7 Notwithstanding anything to the contrary, if no complaint is lodged by a Customer within

     24 (twenty four) hours after the completion of the Services, the Customer shall be

     deemed to have accepted the Service(s).

10.8 The amount of Massbuild’s refund of any amounts under this clause is limited to the

     payment the Customer made for the Service(s). Massbuild’s Refund Policy does not

     apply to any other cost, liability, damage, injury, or claim arising from or in connection with

     the Service(s).

11 CONTENT POSTED ON THE APP

11.1 We may, in our sole discretion, permit you to post, upload, publish, submit or transmit

     Content on the App. You acknowledge that your Content will be deemed non-confidential

     and non-proprietary. Accordingly, Massbuild shall have the non-exclusive, royalty-free,

     right to use, copy, distribute and disclose to third parties any of your Content for any

     purpose, in any medium and throughout the world.

11.2 You acknowledge that Massbuild only acts as a passive conduit for the distribution of

     your Content and is not responsible or liable to you or to any third party for the Content or

     accuracy of your Content. Massbuild shall not be continuously monitoring Content

     published by you or moderating content provided between Customers, nor shall

     Massbuild be under an obligation to do so. Without limiting the foregoing, you

     acknowledge and agree that any remarks, opinions, comments, suggestions and other

     information expressed or included in the Content do not necessarily represent the views

     of Massbuild.

11.3 You represent and warrant that any Content posted or transmitted by you is original to

     you and does not copy the work of any third party or otherwise infringe any third party

     intellectual property rights, rights of privacy or personality rights and does not contain any

     defamatory or disparaging statements.

11.4 You agree to indemnify and keep Massbuild, its affiliates and licensors indemnified

     against all costs, expenses, damages, losses and liabilities incurred or suffered by

     Massbuild or its affiliated companies related to any Content posted or transmitted by you

     or via your use of the App.

11.5 Massbuild reserves the right at its sole discretion to block or remove (in whole or in part)

     any Content posted or transmitted by you and which Massbuild believes is not in

     accordance with these Terms (including materials which infringe or may infringe third

     party intellectual property rights, rights of privacy or personality rights), or is otherwise

     unacceptable to Massbuild.

11.6 You agree to promptly notify Massbuild in writing of any Content which breaches these

     Terms. You agree to provide to Massbuild sufficient information to enable Massbuild to

     investigate whether such Content breaches these Terms. Massbuild agrees to make

     good faith efforts to investigate such complaint and shall take such action as Massbuild in

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     its sole discretion decides. However, Massbuild does not warrant or represent that it will

     block or remove (in whole or in part) such Content.

11.7 You represent and warrant that your Content:

11.7.1 does not contain or condone sexually explicit material or violence, or condone

        discrimination based on race, sex, religion, nationality, disability, sexual orientation or

        age;

11.7.2 is not threatening, abusive or intimidating, or provided with an intent to harass any

        other person;

11.7.3 does not infringe anyone else’s rights, including any intellectual property rights or right

        of confidentiality or privacy; in particular, Users should not submit content which is

        protected by copyright, trade mark, patent, trade secret, moral right, or any other

        proprietary right without the express consent of the owner of the respective right;

11.7.4 complies with all applicable laws;

11.7.5 does not contain any material which is defamatory, invades the privacy of any person,

        is obscene, offensive or harmful, or hate speech including, but not limited to, content

        that advocates, endorses, condones or promotes racism, bigotry, hatred or physical

        harm of any kind against any individual or group of individuals;

11.7.6 does not breach any legal duty you owe to a third party, such as a contractual duty or

        a duty of confidence;

11.7.7 is accurate and representative of your genuinely-held opinion where it states opinions

        – for example, in reviews;

11.7.8 does not misrepresent your identity or affiliation with any person, or falsely gives the

        impression that such content comes from someone else;

11.7.9 does not contain any unsolicited or unauthorised advertising, promotional materials,

        junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or

        advertisement commercial or otherwise;

11.7.10 does not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright

        infringement, computer misuse, etc.); and

11.7.11 does not feature any individual who has not expressly consented to his or her image

        and/or voice being featured on the App, nor any individual under the age of 18 without

        the consent of that individual’s parent or guardian;

11.8 You agree that you are responsible for any loss or damage we may suffer as a

     result of your breach of the warranties contained in this clause 11.

12 WE MAY MONITOR YOUR COMMUNICATIONS

Subject to the provisions of the Regulation of Interception of Communications and Provision

of communication-related Information Act of 2002 (“RICA”), you agree to permit us to

intercept, block, filter, read, delete, disclose and use all communications you send or post to

using the App. You also agree and acknowledge that the consent you provide above

satisfies the “writing” requirement specified in the Electronic Communications and

Transactions Act of 2002 and in RICA.

13 NO EMPLOYMENT

Massbuild provides a software App which allows you to connect with independent Suppliers.

Massbuild is not the employer of any Supplier. You acknowledge that we do not supervise,

direct, or control a Supplier’s work or Services performed in any manner. A Supplier provides

services to you as an independent contractor, and is not an employee, joint venture, partner,

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agent, or franchisee of Massbuild for any purpose whatsoever.

14 USE OF THE APP

14.1 Massbuild hereby grants you a non-assignable, non-sub-licensable, non-transferable,

     non-exclusive licence to download, install and use the App (including any updates or

     upgrades) and to access and use the App Services available via the App on a compatible

     mobile phone or any other portable communication device (“Mobile Device”) owned

     and/or lawfully controlled by you, for your personal use only. If you download the App

     from any mobile application store, you agree that you will comply with and be bound by

     any terms and conditions prescribed for the use of such mobile application store by any

     third party, in addition to the terms set out in these Terms.

14.2 Massbuild expressly disclaims any liability for you failing to access the App and/or App

     Services as a result of or related to a Mobile Device. Additionally, Mobile Devices

     manufactures such as Apple Inc., Google, Inc., Microsoft Corporation, etc. will be thirdparty

     beneficiaries to these Terms if you access the App Services using an App

     developed for Apple iOS, Android, Microsoft Windows Mobile Devices, etc. However,

     These third party beneficiaries are not parties to these Terms and are not responsible for

     the provision or support of the App Services in any manner. Your access to the App

     Services using these Mobile Devices is subject to terms set forth in the applicable third

     party beneficiary’s terms of service.

14.3 You may use the App and App Services only for purposes that are not illegal, and you

     must not allow any third party to use the App or to access the App Services.

14.4 You must ensure that you download and use the latest version of the App. If you do not

     install the latest version of the App, the App Services may not function correctly or you

     may experience security and/or data flaws, for which Massbuild will not be liable under

     any circumstances.

15 MOBILE DEVICE REQUIREMENTS

15.1 Massbuild does not warrant that the App will be compatible with nor that it will operate

     with every type of Mobile Device. Massbuild will provide you with information on suitable

     types of Mobile Devices at your request.

15.2 You acknowledge that the display, layout, look and feel of the content of the App may

     differ depending on the Mobile Device being used to access the App.

15.3 You acknowledge that, in order for the App to load and/or to function, you are fully

     responsible for:

15.3.1 finding out whether your Mobile Device is appropriate and compatible with the App;

        and

15.3.2 the continued functionality of the Mobile Device on which the App has been installed

        and downloaded, including for ensuring that the Mobile Device is (i) in good working

        order; (ii) at all times updated to run on the latest version of your operating system;

        and (iii) operating in accordance with the relevant Mobile Device manufacturer’s

        specifications.

15.4 You are fully responsible for the Mobile Device that you use to access the App and/or

     App Services and we will not be responsible for and disclaim any liability for losses that

     may arise due to any defect in the Mobile Device. You agree that you will (i) not leave

     your Mobile Device unattended or accessible in any manner by any third party while you

     are still logged onto the App; (ii) not save your Registration Details to your Mobile Device;

     and (iii) immediately inform Massbuild of any fraudulent or unauthorised use of the App

     by any third party.

15.5 If your Mobile Device is lost or stolen, or is no longer in your ownership or possession,

     you must immediately login to the App through an alternate capable device, and de10

     authorise your Mobile Device. We will not be held liable for any losses from your

     failure to de-authorise your Mobile Device. If you cannot immediately de-authorise

     your device, then you must call our Call Centre to notify us that your Mobile Device is no

     longer in your ownership or possession at the contact details in clause 27 below.

16 THIRD PARTY TELECOMMUNICATIONS

16.1 You acknowledge that (i) Massbuild will not be responsible for any mobile operator or

     service provider’s network and/or Wi-Fi (wireless internet access) connectivity preventing

     or negatively impacting your access to the App Services; and (ii) your Mobile Device

     network operator (cellphone service provider) or internet service provider may charge you

     for accessing and using the App Services via a mobile network or Wi-Fi connection, and

     that you are solely responsible for such charges.

16.2 The use of the App is in addition to and not in substitution of other online channels

     provided by Massbuild for the App Services. You acknowledge that the App and App

     Services may be inaccessible or inoperable for any reason, including, without limitation:

     (a) equipment (hardware) malfunctions, (b) software malfunctions, (c) periodic

     maintenance procedures or repairs which Massbuild and/or its third party service

     providers may undertake from time to time, or (d) causes beyond the reasonable control

     of Massbuild and/or its third party service providers which causes are not reasonably

     foreseeable by Massbuild and/or its third party service providers.

17 DATA PROTECTION

17.1 Your right to privacy and security is very important to us. Massbuild will adhere to the

     Privacy Policy to ensure that your personal information which is obtained through the use

     of the App is kept private and confidential.

17.2 Massbuild and/or GetTod will be required to process your Personal Information in

     order to provide the Services via the App to you. You hereby give us and GetTod

     permission to share your Personal Information, including but not limited to your

     name, telephone number and location with the Supplier in order to provide you

     with the Services via the App and in accordance with these terms and conditions.

17.3 If you give us permission, we may use your personal information or other information to

     tell you about products, services and special offers from us or other companies that may

     interest you. We will do this by post, e-mail or text message. If you later decide that you

     do not want us to do this, you can contact us using the details set out in clause 27 and we

     will stop doing so.

18 TERM AND TERMINATION

18.1 Term

     These Terms shall continue in full force and effect indefinitely, until such time as it is

     terminated by you or by us.

18.2 Termination by Massbuild.

     We may terminate these Terms or terminate or suspend your right to use the App at any

     time for any or no reason (including, without limitation, in the event that we believe that

     you have breached these Terms or any policy posted on the App or in our opinion, you

     have misused the App, or if we otherwise find that you have engaged in inappropriate

     and/or offensive behaviour (collectively, “Prohibited Conduct”)) by providing you with

     written or email notice of such termination to the physical or email address you have

     provided us, and termination will be effective immediately upon such notice. Except in the

     event that we terminate or suspend your right to use the App due to any Prohibited

     Conduct, we will refund in full any payments for Services that have not been performed or

     completed. If we terminate or suspend your Account for any reason, you are prohibited

     from registering and creating a new account under your name, a fake or borrowed name,

     or the name of any third party, even if you may be acting on behalf of the third party. In

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     addition to terminating or suspending your Account, we reserve the right to take

     appropriate legal action, including without limitation pursuing civil, criminal, and injunctive

     redress. When terminating your account, Massbuild may delete the Account and all the

     information in it. You have no ownership rights to your Account.

18.3 Termination by You.

     You may terminate these Terms by the permanent deletion of the App (provided that

     there are no outstanding Services ordered under your password or Account) and by

     closing any Account you have opened on the App. If you attempt to terminate these

     Terms while there are still outstanding Services ordered under your password or Account,

     these Terms shall not terminate until such Services have been performed or otherwise

     cancelled as permitted by Massbuild.

19 WARRANTIES AND UNDERTAKINGS BY YOU

19.1 You represent and warrant that:

19.1.1 you have full contractual capacity and no court has declared you mentally unfit;

19.1.2 you are permanently resident in the Republic of South Africa;

19.1.3 you have given us correct information; and

19.1.4 you have read and understood these Terms, before entering into this agreement.

19.2 You acknowledge and agree that:

19.2.1 all information is provided “as is” and should not be treated as professional or legal

        advice of any kind, and you must seek independent professional advice prior to taking

        any action based on the contents of the App;

19.2.2 these Terms are entered into between us and you. However, since the App is made

        available through a mobile application store (“App Store”), the App Store is a third

        party under these Terms and will also have the right to enforce these Terms against

        you;

19.2.3 to the maximum extent permitted by law, the App Store does not give or enter

        into any warranty, condition or other term in relation to the App and will not be

        liable to you for any claims, losses, costs or expenses of whatever nature in

        relation to the App or as a result of you or anyone else using the App or relying

        on any of its content;

19.2.4 any claims relating to the license to the App, possession or use of the App are

        between you and us (and not between you, or anyone else, and the App Store)

        including but not limited to product liability claims, any claim that the App fails to

        conform to any applicable legal or regulatory requirement and claims under consumer

        protection legislation; and

19.2.5 in the event of any claim by a third party that your possession or use (in accordance

        with these Terms) of the App infringes any intellectual property rights, the App Store

        will not be responsible or liable to you in relation to that claim.

20 INTELLECTUAL PROPERTY RIGHTS

20.1 Massbuild and/or the relevant third parties owners of the App retain all right, title and

     interest in and to the App and all related documentation and proprietary products,

     whether used to provide, or as are developed or created as part of the App Services.

20.2 The limited license granted to you in terms of clause 14.1 above is subject to the following

     restrictions which you agree to: Except as expressly permitted by these Terms, you agree

     not to, nor will you allow any third party (whether or not for your benefit) to:

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20.2.1 run, rent, lease, loan, or sell access to the App or App Services;

20.2.2 decompile or reverse engineer or attempt to access the source code of the software

         underlying the App or App Services;

20.2.3 copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create

         derivative works from, display, perform, publish, distribute, redistribute or disseminate

         any Massbuild intellectual property;

20.2.4 use the App to build products or services using similar ideas, features, functions,

         interface or content made available through the App;

20.2.5 use any aspect of the App by any means other than as permitted in these Terms;

20.2.6 circumvent, disable or otherwise interfere with the App’s security related features or

         any other features that prevent or restrict use or copying of any content, protect

         sensitive or confidential data or enforce limitations of App use;

20.2.7 use the App in such a way as to interfere with use of the App, so as to constitute a

         denial, including a partial denial, of Service to other Customer; or

20.2.8 delete the copyright and other intellectual property rights notices posted on the App.

21 DISCLAIMER OF WARRANTY

21.1 Save to the extent that Massbuild has in fact done so expressly and in response to

     a request from you, Massbuild does not warrant –

21.1.1 that the App and functionality thereof will meet your requirements;

21.1.2 the proper performance of the App Services, the App, and/or any Services;

21.1.3 that the operation of the App and/or App Services will be reliable, always on

         time, secure, uninterrupted or error-free; or

21.1.4 that all App errors or defects will be corrected.

21.2 Any information and material downloaded or otherwise obtained through the use of

      the App is done at your own discretion and risk. You are solely responsible for

      damage to your computer system or loss of data that results from the download of

      any such material. No information, whether oral or written, obtained by you from

      the App will create any warranty not expressly stated in these Terms.

21.3 To the fullest extent permissible by law, Massbuild disclaims all other warranties

      and conditions with respect to the App, the Services and/or the App Services,

      either express or implied, including, but not limited to, warranties of

      merchantability, fitness for a particular purpose and non-infringement.

22 LIMITATION OF LIABILITY AND INDEMNITIES

22.1 You hereby indemnify Massbuild and Massbuild’s associates from any losses due

      to or arising out of your use of the App or your breach of these Terms.

22.2 Massbuild will not be liable to you for any claims or losses of whatever nature in

      relation to the App as a result of your or anyone else gaining unlawful access to

      the App or any of its content or as a result of Massbuild acting on an instruction

      received from you, including to access your information held with any third party

      institution.

22.3 The App contains content that Massbuild’s employees and selected industry

      experts create. Some of this content may be directed to or appear on the App using

      third party services. Your use of those third party services may be subject to both

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      these Terms (where appropriate) and the terms of use applicable to those third

      party services. You agree that it remains your obligation to familiarise yourself with

      the third parties’ terms of use and to comply with both them and these Terms. In

      the event there is a conflict between these Terms and a third party’s terms of use,

      these Terms shall prevail for the purposes of your App use.

22.4 Links to and from the App from and to third party websites do not constitute

      Massbuild’s endorsement of such linked services or their contents nor does

      Massbuild necessarily associate itself with their owners or operators. You are

      solely responsible for identifying and familiarising yourself with any terms of use

      which will govern your relationship with such third party.

22.5 Massbuild has no control over third party websites and you agree that Massbuild is

      not responsible or liable for any content, information, goods or services available

      on or through any such linked services or for any losses caused or alleged to be

      caused by or in connection with your use of or reliance on any such content,

      information, goods or services available on or through any such third party

      websites. You agree that where you use third party websites, you do so entirely at

      your own risk.

22.6 Your interaction, correspondence or business dealings with third parties or Users

      which are referred to or linked from or to the App are similarly entirely at your own

      risk and are solely between you and such third party including the acquisition,

      disposal, payment and delivery of any goods or services, and any terms,

      conditions, warranties or representations associated with such interaction,

      correspondence or business dealings.

22.7 Further, and save to the extent attributable to the gross negligence or willful

      misconduct of Massbuild or any of its licensors or employees, you indemnify

      Massbuild against and hold it harmless from:

22.7.1 all losses in respect of any claims of whatsoever nature which may be brought

         against Massbuild or which Massbuild may suffer or incur as a result of acting

         or not acting on any instruction received from you in relation to the App;

22.7.2 any unauthorised interception or monitoring of the App;

22.7.3 any unauthorised access (including but not limited to phishing) to your

         information displayed on the App or accessed by you as part of the App or any

         breach of security or any destruction or access to your data or any destruction

         or theft of or damage to any of your equipment;

22.7.4 all losses (including, but not limited, to indirect, incidental, consequential loss

         and damage) caused by or arising from your use of or your inability to use the

         App and/or your breach of these Terms, to the extent that it is permissible for

         you to give this undertaking in law;

22.7.5 any infringement of any intellectual property rights by you;

22.7.6 all losses incurred as a result of unauthorised access to or alteration of your

         information and/or any third party information provided by you or any third

         party pursuant to these Terms;

22.7.7 all losses arising from relying on any information or calculations obtained by

         you through use of the App;

22.7.8 all losses, including losses for unauthorised access to your confidential and/or

         personal information, incurred as a result of the malfunction, failure or

         unavailability of the App Services, the App or any hardware, software or

         equipment, the loss or destruction of any data, power failures, corruption of

         storage media, natural phenomena, riots, acts of vandalism, sabotage,

         terrorism, or any other event beyond Massbuild ‘s control;

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22.7.9 all losses incurred as a result of your failure to comply with the security

         obligations contained in these Terms;

22.7.10 losses incurred as a result of the App being degraded or during the

         maintenance of the App;

22.7.11 losses caused by or arising from the unavailability of, any interruption in or

         your access to the App (either in part or as a whole) for any reason whatsoever.

22.7.12 losses which may arise as a result of Massbuild ‘s inability to access your

         information held by Third Party Institutions, including where the Third Party

         Institutions may block Massbuild from accessing your information;

22.7.13 losses which you may incur arising from the rejection of any claim by Third

         Party Institutions in circumstances where you provided your log in credentials

         to Massbuild for purposes of the App; and

22.7.14 losses incurred as result of any inaccuracies in the provision of the App

          Services and/or the App.

23 CHANGES TO THESE TERMS

23.1 Massbuild reserves the right, in its sole discretion, to, and you agree that Massbuild may,

      amend these Terms at any time, in any way and from time to time. Massbuild will give

      notice of and publish the amended Terms through the App. These amendments shall

      come into effect on the basis specified in the notice we give of the proposed changes.

23.2 It is your responsibility to review these Terms regularly and to ensure that you agree with

      any amendments to these Terms. If you do not agree with any amendments to these

      Terms, you may no longer use the App.

24 LAW AND JURISDICTION

24.1 You irrevocably agree that the law of the Republic of South Africa shall govern your use

      of the App and these Terms.

24.2 You further consent to the jurisdiction of the South Gauteng High Court, Johannesburg,

      South Africa in respect of disputes which may arise out of your use of the App and these

      Terms.

25 SEVERABILITY

Any provision in these Terms which is or may become illegal, invalid or unenforceable shall

be ineffective to the extent of such prohibition or unenforceability and shall be treated pro

non scripto (as if it were not written) and severed from these Terms, without invalidating the

remaining provisions of these Terms.

26 DOCUMENTS AND NOTICES

26.1 We choose the following address for all communication purposes under these Terms,

      whether in respect of court process, notices or other documents or communications of

      whatsoever nature:

Email: info@builders.co.za

Or via Mail: Private Bag X88, Sunninghill, South Africa, 2157

Attn: Builders Divisional General Counsel

27 CONTACT US

Should you wish to raise any questions, complaints or claims in connection with these

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Terms, you can contact us on 086 028 4533.

28 DISCLOSURES REQUIRED BY THE ECT ACT

28.1 Access to the Website and/or App Services available on or through the App are classified

      as “electronic transactions” in terms of the ECT Act and therefore you have the rights

      detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following

      information:

28.1.1 Our full name and legal status: Massbuild Proprietary Limited, a private company

         incorporated in the Republic of South Africa, with registration number 2004/035206/07

28.1.2 Street address: 16 Peltier Drive, Sunninghill Ext 6, Sandton, South Africa

28.1.3 Postal address: Private Bag X88, Sunninghill, South Africa, 2157

28.1.4 Physical address for receipt of legal service: 16 Peltier Drive, Sunninghill Ext 6,

         Sandton, South Africa

28.1.5 Main business: Collection and Processing of Data for Retail Purposes.

28.1.6 Website address: www.builders.co.za

28.1.7 Official email address: info@builders.co.za

28.1.8 Governing terms of use: These Terms