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
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 firstname.lastname@example.org 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;
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
1.3.11 “Supplier” means a third party supplier registered to provide Services via the App.
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
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
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
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.
3.1 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
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
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
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
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
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
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
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
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
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.
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:
184.108.40.206 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
220.127.116.11 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
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
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
10.4.1 be entitled to a refund for the disputed amount of your payment; or
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
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
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
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
11.7.2 is not threatening, abusive or intimidating, or provided with an intent to harass any
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,
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
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
15.3.1 finding out whether your Mobile Device is appropriate and compatible with the App;
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
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
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
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
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
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:
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
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
party services. You agree that it remains your obligation to familiarise yourself with
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
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;
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
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
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
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
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: email@example.com