Private BuilderTM, is an enabling, digital platform, that allows contractors and owners to connect to one another. Contractors are placed on the database through a referral process. Their work is showcased, promoted and rated, so that other users can see their capability and skills, and hopefully also make use of their services. Each time that a contractor receives a commendation – that contractor’s rating improves, through a scoring system based purely on the feedback from users. In the same way, their ratings drop should they receive lower ratings from users. The hope is that this rating system is a fair reflection of their collective effort to offer a consistent level of customer experience. The platform was invented in the spirit of creating a sustainable eco-system, where the community at large can self-create more jobs and opportunities for hard-working, honest folk who have good skills, but are struggling to find work. On the flipside, it helps property owners to make use of these deserving individual’s services to get their projects completed at a far more reasonable cost, hopefully, as opposed to traditional building and renovation options, where cost is generally a major hindrance. The eco-system will have a number of parties to it, i.e. the contractors, the owners, the platform, the advertisers, buyers, sellers and the community at large. In order for us to safeguard this entire eco-system, it is essential that we have some ground rules around the use of the platform. By agreeing to register on the platform, all users agree to be bound by these terms and conditions. Headings are for ease of reference only to provide a description reference only, and shall not affect the interpretation or construct of the Terms and Conditions. Also note that words implying the singular shall include the plural and vice versa and words implying a gender shall include every gender and references to users shall include an individual, company, representative, corporation, firm or partnership, or legal party. Let’s start with some definitions that we will refer to throughout these discussions: “Private BuilderTM” (www.privatebuilder.co.za) (also referred to as the “platform”), is the enabling, digital platform that can be used to access the database, make referrals, rate contractors and trade building materials, etc. “Users” are considered to be everyone who has registered on the platform and who has agreed to our terms and conditions of use. Users are the holistic group of owners, contractors, 3rd parties, promoters of a contractor, advertisers, etc. A user is basically any person or entity that has a verified user name and password to access the portal. “Owner” is defined as the end client that will make use of the associated services of a contractor, regardless of whether that person (or entity) is the legally registered owner of the project or property, or whether that person or entity is an empowered representative of the legally registered owner of the property. “Contractor” is defined as the party/parties who is/are going to render the service required, whether that is the actual person carrying out the work, or whether that may be the nominated party representing the contractor or even a sub-contractor of the contractor. Contractors are automatically regarded as parties who have consented to having their personal information published as per the POPIA guidelines, whether they are aware of the specific  recommendation on Private BuilderTM or not.   “Promoters” are registered users who have chosen to advocate the services of a contractor. They are the users who will submit their request to have a contractor listed in the database, with the required contact details of the contractor and the information required to showcase the work of the contractor/s on the platform. They are also the users who have granted Private BuilderTM specific permission to use their contact details for other users to view and use to verify the referrals that they make. Promoters acknowledge and accept that:

• They have received consent from the contractor to share their information on a public platform for others to access.
• They use the platform entirely at their own risks.
• They post their promotions of their own free will and will not be coerced by any other party, into posting promotions.
• They use the platform entirely at their own risks.
• They post their promotions of their own free will and will not be coerced by any other party, into posting promotions.
• They are not to make a referral if they are pressured into it by a contractor, especially if there is a concern around the conduct of a contractor.
• They are deemed to be acting in an honest and open manner at all times and are deemed to be providing accurate, open and honest reports when making a referral.
• They will refrain from misrepresenting the contractor in any way.
• They will refrain from making any incorrect statements about the contract, and to refrain from misrepresenting the contractor’s skills or experience.
• They are to refrain from incorrectly promoting skills and capabilities of a contractor, when they are not suitably qualified to do so.
• Referrals need to be rated accurately and any pitfalls in using the contractor, must be explicitly mentioned in their posts without fear or favour.
• They explicitly and unconditionally grant permission to Private BuilderTM to share their contact details with other users knowing full well that the purpose of publicly sharing that contact information with all other users of the platform, is so that other users can contact them to valid those references and possibly seek guidance around the information that they have posted on the platform.
• Users may request a visit to their site to inspect the work carried out, and that they are under absolutely no obligation whatsoever to grant that permission. Should they choose to grant that permission, then they do that solely at their own risks.
• Private BuilderTM discourages completely the practice that promoters grant permission to other users to use their contact details for any other purpose other than for the validation of a reference, and Private BuilderTM completely discourages users to grant permission to one another to visit each other’s project sites, especially for safety reasons.
• They agree to make themselves available to communicate with other users specifically for the purpose of sharing their experience with a contractor that they have promoted.
• They have no recourse to Private BuilderTM in the event that an issue transpires, or escalates, or if there is subsequent litigation that takes place, while they are acting in that role of promoter.
• Any legal process that gets initiated by them because of an event that takes place as a result of them acting in the role of promoter, will be done with no involvement or support from Private BuilderTM and that they will have no recourse to Private BuilderTM in any way.
• Should Private BuilderTM consider that a (promotion or post) is of concern or is suspicious, then not only will the referral be removed from the platform, but promoters could also face a permanent suspension or exclusion from the platform and or even be subjected to litigation for their action/s if deemed necessary. They will take care when sharing information with other users, and they will be particularly careful not to post pictures that expose them, their properties or others in way, especially pictures that expose their physical addresses, locations or the like.
• They accept all the risks and responsibilities that are associated with being a promoter.

Owners acknowledge and accept that:

• They use the platform entirely at their own risks.
• They are not obliged or obligated in any-way to use any of the contractors listed.
• They will not be coerced into using the platform or its contractors or its service providers.
• While this database of contractors and service providers, have been advocated by previous users of their services, it is still absolutely incumbent on them as a potential user of their services to make their own evaluation of the contractor’s competency, skills and experience, before choosing to use that contractor or service provider.
• There are risks associated with conducting any building project and regardless of whether they make use of the platform or not, they are still solely responsible and accountable for every aspect of project, including validation of the contractor, skill and experience as they would have been without the use of the platform.
• Private BuilderTM, is just the digital enablement platform to showcase the vast database of contractors out there for anyone to view. Private BuilderTM, is not a party to mediate, mitigate or negotiate any contracts between owner and contractor. We do not purport to represent any negotiating parties and as such, cannot be held liable or accountable for any such contract. The onus is on the contracting parties i.e. (the owner and the contractor), to create a contract between themselves and then honour such obligations as laid out in that contract – as they have agreed it. Should there be a dispute or breach between the parties around the execution of the contractor, then the affected parties follow the normal legislated process (governed by South African Law), to obtain remediation thereof. Private BuilderTM, will have no part to play in such contract or litigation, at any time, so there can be no recourse to or claim against Private BuilderTM, or any other user of the platform, should such a breach of such nature or contract occur.
• Should they choose to make use of one the contractors listed in our database, Private BuilderTM, cannot be held responsible in any way for any liability arising out of the use of the service providers contained in our database. The services, skills, competencies advertised herein are deemed to be accurate as they are advocated by promoters – promoters, who have no affiliation whatsoever to Private BuilderTM, other than being users of the platform.
• That the onus is on them to ensure that they not only validate the information provided by those promoters, but also do the required due diligence to request additional references from the contractor directly before making any decision to use that contractor. They acknowledge this to be a very important step to take before being able to make a well-informed decision to use that contractor and regardless of that evaluation of the contractor, they make their choice of their own free will
• Promoters cannot be held liable for that opinion or posts.
• Promoters cannot be harassed in any way for that opinion.
• Promoters cannot be subject to litigation or claims of any kind because of that opinion.
• Promoters cannot be called on to help resolve disputes.
• Contractors do not always perform at the same level at all times, so experiences will vary and it is important to take accountability to manage the contractor properly regardless of the promotion or claims that other users may have provided.
• They will not be able to subject promoters to any liability for incomplete, inaccurate or any such information.
• Private BuilderTM cannot be held responsible in any way for incorrect information published by promoters, whether it be incomplete or inaccurate when received from those promoters.
• Promoters are acting as referral agents to showcase the services of contractors who, in their opinions have done a good job for them and who deserve to be marketed. They are not responsible for the contractor, the contractor’s actions or deliverables or contracts in anyway, and so there can be no recourse to them or Private BuilderTM.
• The owner acknowledges that the contractor does not have any legal or other association with Private BuilderTM and as such, any deliverable or action required from the contractor, can only come from that contractor, through engagement with the owner. Private BuilderTM will not be able to provide any support or involvement in such a commitment on the contractor’s behalf.
• The owner acknowledges that Private BuilderTM does not offer a vetting service to make sure that contractors are credit worthy, have no criminal history or any other such claim. The onus is on the owner to make sure that the contractor has all the credentials required to meet such expectations. Private BuilderTM does not offer a debt collection service for owners or contractors who have outstanding obligations on a contract.
• They accept all the risks and responsibilities that are associated with using this service.

Contractors acknowledge and accept that:

• Use of the platform is entirely at their own risk.
• It is prohibited to misrepresent themselves, their services, skills or competencies at any time.
• It is illegal and unethical to make claims about services and skills that they may not possess.
• They cannot coerce promoters to list them on the platform.
• They are expected to conduct their business in a professional and ethical manner at all times.
• A referral is a merit process (based on performance of work carried out) and honest and open feedback can only be published, and it is prohibited to harass users for their opinions posted in those reviews.
• They cannot institute claims or have recourse to any other user of the platform for whatsoever reason They agree for the referral to take place and for their personal contact information and other information to be shared amongst users.
• Promoters cannot be held liable for that opinion.
• Promoters cannot be called on to help resolve disputes.
• They have to be available to be contacted via one of the means provided in their contact information.
• They can be removed from the platform, (without notice or prior consultation), and they will be subject to litigation should their conduct be in contravention of these terms and conditions, without any recourse to Private BuilderTM or any other user.
• Alerts and warnings about them and their services, will be issued via the platform and these could be open to be viewed by all other users, where this is warranted through feedback from other users.
• The onus of having a contract in place between them, the owner, supplier etc., lies solely on them and that they will have no recourse to any user or Private BuilderTM, in the case of a failed contract.
• Expected to act professionally, and to execute their responsibilities as they would without the use of the platform.
• They accept all the risks and responsibilities that are associated with using this service.
• All users accept and acknowledge that:
• Use of the platform is entirely at their own risk.
• User names and passwords are for personal use and should not be shared with or disclosed to any other party.
• They will exercise caution with the information obtained on the platform and commit to ensure that they do not share that information, especially contact information (personal information as defined in the POPI act), with other parties that may not be registered users of the platform.
• It is impossible for Private BuilderTM to force users to contain the information they find on the platform, (we rely on their honesty and integrity to keep to these terms and conditions), to just this user community, so there can be no control mechanism that can be implemented to limit that this information (especially contact information), remains strictly within the domain of this platform and so Private BuilderTM cannot be held responsible if this information is disseminated beyond the users of the platform.
• All data collected via the platform is considered to be the intellectual property of Private BuilderTM
• Private BuilderTM does not deem itself to be a subject matter expert in the building industry and neither does it advocate the use of any service or contractor contained in our database from time to time. Owners are not under any obligation whatsoever to use any of the contractors contained in our database and hence, should they wish to do so, they accept that they do so entirely at their own risk, without any recourse to Private BuilderTM or any other parties associated to this eco-system.
• Private BuilderTM, is a family-oriented platform, and we want to make sure that our content is free of malicious content, the content is friendly and courteous and of course usable to everyone. We also want to ensure that through the spirit of creating more opportunities for skilled craftsmen, that we don’t encourage the entry of what we call “Pirate” contractors to access our platform. (Pirate contractors, in our opinion, are contractors who conduct themselves in such a manner that they cause damage, losses, act unprofessionally and generally make the private building industry, one to be feared because of that conduct). Where users are not comfortable with what they have experienced, we have created a channel via the portal where these concerns can be raised and reviewed.
• Private BuilderTM retains the right to make the final decision to either retain the contractor or remove them from our database, depending on the feedback from users, based on their experience with such contractor.
• Private BuilderTM absolves itself from any liability arising from penalties, or breach of contract, regardless of whether a formal contract is signed by the contracting parties or not.
• Where a dispute takes place between contractor and owner, no party will have any recourse to Private BuilderTM or its users and neither will they be able to seek compensation or support from them or request any user to partake in such disputes. These disputes must be resolved between contractor and owner only, through the normal legal process as set out in the South African legal framework in dealing with disputes.
• They will not misrepresent themselves or 3rd parties through the use of the platform.
• They will not post or otherwise communicate any false or misleading material or message of any kind.
• They will not post or provide dishonest, false or misleading commentary or content of any kind.
• They will not post any threatening, abusive, defamatory, obscene or indecent material or propaganda.
• They will not infringe any third-party right.
• They will not expect recourse against Private BuilderTM or any other Private BuilderTM user.
• They will not expect any compensation or expect to claim from Private BuilderTM or any other Private BuilderTM users, any reward, replacement or recovery of loss of any kind through the use of the platform. They will not violate any laws and prohibitions, including those related to cyber security, cyber bullying and cyber-crime.
• They will not distribute spam, chain letters, or promote pyramid schemes on the platform.
• They will not distribute viruses or any other technologies that may harm Private BuilderTM, or the interests or property of Private BuilderTM or the interest or property of its users.
• They will not impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Private BuilderTM.
• They will not copy, modify, or distribute any other person’s content without their consent.
• They will not use any robot spider, scraper or other automated means to access Private BuilderTM, and collect content for any purpose without our express written permission.
• They will not harvest or otherwise collect information about others, including email addresses, without their consent.
• They will not copy, modify or distribute rights or content from Private BuilderTM, it’s copyrights and trademarks or infringe on any of these copyrights and trademarks.
• They will not bypass measures used to prevent or restrict access to Private BuilderTM.
• They will not use any tool that interferes with the normal functioning of Private BuilderTM.
• They will not sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
• They are solely responsible for all information that they submit to Private BuilderTM, and understand and acknowledge that they could face legal or other prosecution as a consequence of their actions, whether that be through their posts or other actions.
• We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of Private BuilderTM, either temporarily or permanently, or refuse a user’s registration.
• If we obtain information that users are transgressing and breaching these terms of use in any way and/or behaving suspiciously or contrary to the rules laid out herein, we may, at our discretion, inform and caution other Private BuilderTM users that these transgressors have already been in contact with, (prior to this information being made available to us), and recommend that they exercise caution when dealing with you based on the information that we have received.
• Private BuilderTM and the community work together to keep Private BuilderTM functioning properly, while at the same time, keeping the community safe from “Pirate” builders. We encourage the user community to please immediately report problems, offensive content and policy breaches to us using the “contact us“ option on the platform. Private BuilderTM commits to doing everything within its power to take necessary actions when a warning such as this, is raised to us.
• Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Private BuilderTM if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing Private BuilderTM employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Private BuilderTM or not, we do not have any obligation to monitor the information transmitted or stored on Private BuilderTM and we do not accept any liability for unauthorised or unlawful content on Private BuilderTM or use of Private BuilderTM by users.
• Private BuilderTM does not make any representation as to the uptime and availability of its platform. The platform is technology based and while every effort has been taken to ensure that the platform is always highly available, secure and efficient, it is dependent on a number of factors, including Eskom power, datacentre outages etc, beyond its control, and as such cannot be held responsible for a breach of service of any nature.
• By accessing Private BuilderTM, users are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that they are responsible for compliance with any applicable local laws. If users do not agree with any of these terms, they are prohibited from using or accessing this site.
• Private BuilderTM shall not be liable to any user for any breach, hindrance or delay beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock- out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
• These terms and conditions are effective from the date that the site goes “live” and will continue indefinitely, as amended by Private BuilderTM from time to time, and will remain in force for as long as the site exists. Private BuilderTM retains the right to cancel these terms and conditions and or the platform at any time and without notice
• These terms and conditions cannot be transferred, assigned or delegated in any manner, and any and all copyright, trademark and the like relating to this platform, vests with Private BuilderTM
• They will not violate any of the Private BuilderTM terms and conditions.
• Your attention is drawn to the importance of these Terms and Conditions especially in conjunction with our POPIA compliance consent requirements and should be carefully noted. If there is any reference in these Terms and Conditions that you do not understand, it is your responsibility to ask Private BuilderTM to explain any aspect of uncertainty to you before you accept the Terms and Conditions or continue using the Portal.