LINKNBUILD TERMS AND CONDITIONS OF USE AND SERVICE



By accessing or using the LinknBuild Services and/or any of its related blogs, websites or platforms (collectively, “the Application”), owned by LinkNBuild Pty Ltd (reg: 2016/289171/07) (“LinknBuild”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Application remain at all times expressly reserved by LinknBuild.

Please see LinknBuild’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please pay specific attention to the BOLD paragraphs of the LinknBuild Terms. These paragraphs limit the risk or liability of LinknBuild, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify LinknBuild or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Application. LinknBuild will assume you have read and understood these Terms should you continue to access or make use of the Application.


It is important to note the following:



  1. INTRODUCTION TO THE APPLICATION AND SERVICES

    1. LinknBuild provides an online software platform providing a range of services for the construction industry in South Africa, allowing construction companies, its contractors and employees to become more efficient in how they operate on site, provide payroll and ERP services, and their engagement with each other on projects. Whilst our service offerings are always expanding, our core services provided by the Application include the:

      1. Subcontractor Module;

      2. Plant Planning Module;

      3. Employee Planning Module;

      4. LinknBuild consultancy services;

      5. Add-on support services related to the above and introduced by LinknBuild from time to time, including the provision of equipment; and

      6. any and all other services provided by LinknBuild and/via the Application at any time (collectively, the “Services”).

    2. Please email info@linknbuild.com for more detailed information on the Services currently available via the Application.

    3. Paid Users will pay a fee to LinknBuild for their and their Free User’s use of the Services and Application on a monthly basis. Free Users linked to a Paid User do not pay a Fee, but their use of the Services may affect the Fee to be charged to his/her associated Paid User.

    4. These Terms explain the conditions applicable to all users, using the Application and/or the Services, where certain conditions apply to particular user types, which differences shall be brought to your attention.

    5. The Application and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon LinknBuild uploading the amended Terms to the Application. Your continued access or use of the Application constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

    6. Unauthorised use of the Application and/or breach of these Terms in any way may give rise to a claim for damages against you as the defaulting party, and/or be a criminal offence.

  2. RELATIONSHIP BETWEEN THE PARTIES

    1. LINKNBUILD PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, EMPLOYEE, LABOUR BROKER, EMPLOYMENT SERVICE PROVIDER NOR EMPLOYMENT ADVISER. ALL TOOLS PROVIDED ON THE APPLICATION OR AS PART OF THE SERVICES ARE FOR ASSISTING USERS IN MAKING THEIR PRIVATE OPERATIONS MORE EFFICIENT WHILST USERS RETAIN ALL OF THEIR OWN RESPONSIBILITIES PRESCRIBED TO THEIR ROLE AND/OR FUNCTION UNDER APPLICABLE LAWS.

    2. YOUR USE OF THE APPLICATION AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK, AND USERS DO NOT DEFER ANY OF THEIR OBLIGATIONS PRESCRIBED TO THEM UNDER APPLICABLE SOUTH AFRICAN LAWS TO LINKBUILD IN ANY WAY, INCLUDING BUT NOT LIMITED TO, THE DUTIES OF EMPLOYERS, EMPLOYEES OR COMPANIES IN TERMS OF THEIR TAX, LEVIES, LABOUR AND/OR PAYROLL OBLIGATIONS.

  3. USER TYPES AND REGISTRATION PROCESS

    1. Users can either be Paid Users, or Free Users (collectively a “user”), where:

      1. a Paid User is a user who is responsible for the selection of Services to be available on the Application to them and their associated Free Users, and the payment of the Fee charged by LinknBuild for the Services acquired and used by them and their Free Users; or

      2. a Free User is a user who is invited to use the Application and/or Services, or parts of either, for free, by another user with whom they have a work relationship.

    2. In order to become a user on the Application and make use of it or the Services, you must complete the necessary registration process detailed on the Application and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.

    3. In order to become a Free User on the Application and make use of it or the Services, you must be invited by a paid user via email.

    4. LinknBuild requires all users to submit their full name, e-mail address and phone number when registering a Profile. Users may then setup additional features of their Profile, including adding details of their company, employees, projects, materials, clients, subcontractors and business processes which setup may require further information to be submitted, as prompted by the Application.

    5. To protect your privacy and security as a user, the Application takes reasonable steps to verify your identity by requiring a password (to be used together with your provided e-mail address) in order to grant access to your Profile and data. To view or change your personal information provided, you can use the “Settings” function on the user dashboard page of the Application.

    6. By entering your personal and/or company information on the Application as any type of user, you warrant that the person using the Application is you and/or you have the legal authority to act on behalf of a corporate entity. Users are responsible for their Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.

    7. By submitting your personal information to the Application for its use in a Profile or otherwise, you consent to LinknBuild using this information to facilitate the Services.

    8. Please see LinknBuild’s Privacy Policy regarding more details on how LinknBuild uses your personal and/or company information.

    9. As part of the functioning of the Services, users may have knowledge of your involvement with the Services and/or the Application, but other users will not be provided with knowledge of your involvement without your prior knowledge and consent being obtained from you first.

  4. THE SERVICES

    1. For a full explanation of the currently available types of Services available via the Application, please email info@linknbuild.com who will gladly assist.

    2. For further information on the Services version specifically available or applicable to you or your Profile, please email info@linknbuild.com who will gladly assist.

    3. To terminate your use of the Services or the Application, please see clause 16 below.

    4. Some of the features of the Application used by a user may automatically make adjustments or manipulate a Profile or the available Services in accordance with the tool’s functions and the Services chosen, as well as depending on the user type.

  5. PAYMENT FOR SERVICES

    1. In return for providing the Services to the Paid User, the Paid User will pay a Fee to LinknBuild as fair and due consideration (“Fee”), which Fee will be flexible and customised to each Paid User and the Services they use.

    2. Invoices will be sent via email to the nominated account holder for each user account. Payment is required 15 days from presentation of invoice.

    3. The Paid User must pay the Fee via credit card or electronic funds transfer (“EFT”) to LinknBuild, to its nominated South African bank account, which account’s details are included on each invoice sent to the Paid User.

    4. All amounts stated shall not attract Value Added Tax (“VAT”), and will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law.

    5. LinkNBuild reserves the right to terminate a user’s account at any time in the case of overdue payments.

    6. A Paid User may contact LinknBuild via email at accounts@linknbuild.com to obtain a full record of your statement or payments with LinknBuild. LinknBuild will also send you email communications about your account and payments made, as and when needed.

  6. USER RESPONSIBILITIES AND WARRANTIES

    1. By using the Application and/or the Services, users warrant that:

      1. you have read and agreed to these Terms and will use the Application and Services in accordance with them;

      2. you understand and agree that LinknBuild provides the Services and its software product to assist you in your functions and duties, but which does not in any way defer any of your legislated or other duties or responsibilities to LinknBuild when doing so, including but not limited to employers’ duties relating to their employees and/or any government or revenue authority, or employees’ duties to their employer and/or any government or revenue authority;

      3. you, as a Paid User, will pay each Fee due to LinknBuild timeously and as required;

      4. you have not made any misrepresentations and the information provided in the registration process, or throughout your engagement with the Application and/or Services is true, accurate and complete;

      5. you are the age of majority in your country of residence and/or possess the legal capacity and authority to act on behalf of your employer organisation, and lawfully possess and submit all information to the Application for the use of it or the Services;

      6. you will not post, upload, replicate or transmit any abusive content on the Application that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Application;

      7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Application including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Application or the underlying software code;

      8. you will not infringe any third party’s, or the Application’s, intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;

      9. you will not use the Application platform for any commercial purpose other than as expressly provided for by LinknBuild;

      10. you will not use the Application to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal services; and/or

      11. you will not facilitate or assist any third party to do any of the above.

    2. The Application is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Application. The network’s data and messaging rates and fees may apply if you use the Application and you shall be responsible for such rates and fees.

    3. Without prejudice to any of LinknBuild’s other rights (whether at law or otherwise), LinknBuild reserves the right to deny you access to the Application or the Services where LinknBuild believes (in its reasonable discretion) that you are in breach of any of these Terms.

    4. LinknBuild does not guarantee that the Application, or any portion thereof, will function on any particular hardware or device.

  7. RECEIPT AND TRANSMISSION OF DATA MESSAGES

    1. Data messages, including e-mail messages, sent by you to LinknBuild will be considered to be received only when acknowledged or responded to.

    2. Data messages sent by LinknBuild to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

    3. LinknBuild reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.

    4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. LinknBuild is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from LinknBuild to a user or from a user to LinknBuild.

  8. HYPERLINKS, DEEP LINKS, FRAMING

    1. The Application may include links to other internet sites ("the other sites"). LinknBuild does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.

    2. LinknBuild does not purport to own the content on other websites or applications which may be shown on the Application. Should the owner of any content showcased on the Application want the content to be removed, please write to info@linknbuild.com to request the removal of such content.

    3. The user’s access and use of any other sites available via the Application remain solely at the user’s own risk and on the terms set by the relevant third party platform.

  9. ADVERTISING AND SPONSORSHIP

    1. The Application may contain advertising and sponsorship from third parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Application complies with all applicable laws and regulations.

    2. LinknBuild, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

  10. INTELLECTUAL PROPERTY PROTECTION

    1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, algorithms, processes, case studies, trade-marks, designs, copyright and/or service marks (as well as the organisation, user interface and layout of the Application) together with the underlying software code and certain works submitted by a user to the Application and LinknBuild in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by LinknBuild, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

    2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Application are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Application or the underlying software code whether in whole or in part, without the written consent of LinknBuild first being granted, which consent may be refused at the discretion of LinknBuild. No modification of any intellectual property or editorial content or graphics is permitted.

    3. As part of the Services, users may be able to submit and use their own intellectual property on the Application (“user intellectual property”), where should this user intellectual property not in any way be combined with any LinknBuild’s intellectual property, all rights and ownership to that user intellectual property remain with the user. This right is however limited by LinknBuild’s right to reasonably use the user’s intellectual property on the Application and for the fulfilment of the Services only.

    4. LinknBuild reserves the right to make improvements or changes to its intellectual property, information, layout, artwork, graphics and other materials on the Application, including that of a user in their Profile, or to suspend or terminate the Application, at any time without notice; provided that any transactions already concluded through the Application resulting in any fees, will not be affected by such suspension or termination (as the case may be).

    5. Where any of the Application intellectual property has been licensed to LinknBuild or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

    6. Subject to adherence to the Terms, LinknBuild grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Application on any machine which the user is the primary user. However, nothing contained on the Application should be construed as granting any licence or right to use any intellectual property without the prior written permission of LinknBuild.

    7. Any enquiries regarding any of the above relating to intellectual property must be directed to LinknBuild at info@linknbuild.com

  11. DISCLAIMERS AND WARRANTIES

    1. The Application, including any intellectual property appearing therein, is provided "as is" and "as available". LinknBuild makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Application or the information contained in it.

    2. All information or opinions of users made available on the Application in relation to any of the Services are those of the authors and not LinknBuild. While LinknBuild makes every reasonable effort to present such information accurately and reliably on the Application, LinknBuild does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Application.

    3. LinknBuild, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Application, the Services and/or transactions or actions resulting therefrom.

    4. LinknBuild, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Application in any manner.

    5. Users from locations outside of South Africa, please note that LinknBuild complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Application in any way, please contact LinknBuild at info@linknbuild.com to engage you on its application.

    6. LinknBuild takes reasonable security measures to ensure the safety and integrity of the Application and to exclude viruses, unlawful monitoring and/or access from the Application. However, LinknBuild does not warrant or represent that your access to the Application will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Application will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Application remains solely at the user’s own risk and the user should take their own precautions accordingly.

  12. INDEMNITIES

    1. The user indemnifies and holds harmless LinknBuild, members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Application or Services offered or concluded through the Application in any way.

    2. The user agrees to indemnify, defend and hold LinknBuild harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.

    3. This clause will survive termination of this agreement.

  13. PRIVACY AND PERSONAL INFORMATION

    1. LinknBuild respects your privacy and your personal information, and will take reasonable measures to protect it, as more fully detailed below.

    2. Should you decide to function as user on the Application, LinknBuild may collect, collate, process, and use the following types of information about you when you use the Application (“personal information”), which you hereby expressly consent to:

      1. Information provided by the user

LinknBuild collects personal information (that is information about the user that is personally identifiable including, but not limited to, the user’s name, address, work experience, id number, company registration number,, e-mail address, phone number(s), passwords, product and service preferences and contact preferences that are not otherwise publicly available); and

      1. Information that is collected automatically

LinknBuild receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from “cookies” (which are described in clause 13.14 below), the user’s Internet Protocol (“IP”) address, device type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your device sends to the Application such as your device type and language, access times, and the source from which you arrived at the Application.

    1. Should your personal information change, please update it on the Application as provided, or inform LinknBuild and provide LinknBuild with updates to your personal information as soon as reasonably possible to enable LinknBuild to update it. LinknBuild is however under no obligation to ensure that your personal information or other information supplied by you is correct.

    2. You warrant that the personal information disclosed to LinknBuild or the Application is directly from you as the user on the Application or in connection to the Services, and all such personal information is lawfully yours to provide in your own private or representative capacity.

    3. You may choose to provide additional personal information to LinknBuild, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

    4. Any processing of your personal information will be reservedly for LinknBuild’s legitimate business purposes and as a necessary function of your contracting with the Application and/or the Services, and you have hereby consented to this, but LinknBuild will not, without your express consent:

      1. use your personal information for any purpose other than as set out below:

        1. to administer and manage the Services which you shall receive, including sharing your personal information with other users who need to have your personal information as part of the Services rendered;

        2. to contact you regarding current or new information, products or Services or any other Service offered by LinknBuild or any of LinknBuild’s divisions and/or partners (unless you have opted out from receiving marketing material from LinknBuild, possible through same contact);

        3. to inform you of new features, special offers and promotional competitions offered by LinknBuild or any of LinknBuild’s divisions and/or partners (unless you have opted out from receiving marketing material from LinknBuild, possible through same correspondence from LinknBuild); and

        4. to improve LinknBuild’s Services selection and your experience on the Application by, for example, monitoring your browsing habits, or tracking your interaction on the Application; or

      2. disclose your personal information to any third party other than as set out below:

        1. to LinknBuild’s employees and/or third party service providers who assist LinknBuild to interact with you via the Application, email or any other method, for the engagement of their services, and thus need to know your personal information in order to assist LinknBuild to communicate with you properly and efficiently;

        2. to other users who need your personal information in order to use their Services;

        3. to LinknBuild’s divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from LinknBuild, possible through same correspondence with LinknBuild);

        4. to law enforcement, government officials, fraud detection agencies or other third parties when LinknBuild believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Application’s other policies; and

        5. to LinknBuild’s service providers (under contract with LinknBuild) who help with parts of LinknBuild’s business operations (fraud prevention, marketing, technology services, etc.). However, LinknBuild’s contracts dictate that these service providers may only use your information in connection with the services they perform for LinknBuild, not for their own benefit and under the same standards as how LinknBuild operates.

    5. LinknBuild is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on LinknBuild, or to protect and defend LinknBuild’s rights or property. In the event of a fraudulent EFT payment or misuse of the provided banking details, LinknBuild is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

    6. LinknBuild will ensure that all of its employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than LinknBuild’s in relation to your personal information.

    7. LinknBuild will:

      1. treat your personal information as strictly confidential, save where LinknBuild is entitled to share it as set out in these Terms;

      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

      3. provide you with reasonable access to your personal information to view and/or update personal details;

      4. promptly notify you if LinknBuild becomes aware of any unauthorised use, breach, disclosure or processing of your personal information;

      5. provide you with reasonable evidence of LinknBuild’s compliance with its obligations under these Terms on reasonable notice and request; and

      6. upon your request, promptly correct, return or destroy any and all of your personal information in LinknBuild’s possession or control, save for that which LinknBuild is legally obliged or entitled to retain (acknowledging that some Application functionality might be lost if certain personal information is amended or destroyed).

    8. LinknBuild will not retain your personal information for longer than the period for which it was originally needed, unless LinknBuild is required by law to do so, or where the continued processing is for historical, statistical or research purposes. You do however hereby consent to such extended retention periods, and same is necessary for the correct functioning of the Terms between LinknBuild and you.

    9. LinknBuild undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

    10. Whilst LinknBuild will do all things reasonably necessary to protect your rights of privacy, LinknBuild cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in LinknBuild’s possession, made by third parties who are not subject to LinknBuild’s control, unless such disclosure is as a result of LinknBuild’s gross negligence or fraud.

    11. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Application or anyone other than LinknBuild, LinknBuild shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because LinknBuild does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party who processes your personal information.

    12. This Application may make use of “cookies” to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files an Application can use (and which LinknBuild may use) to recognise repeat users, facilitate the user’s on-going access to and use of the Application and allow the Application to track usage behaviour and compile aggregate data that will allow the Application operator to improve the functionality of the Application and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by “cookies” is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most applications or associated devices that allows you to deny or accept the “cookie” feature. Please note that “cookies” may be necessary to provide you with certain features available on the Application, and thus if you disable the “cookies” on your Application, you may not be able to use those features, and your access to the Application will therefore be limited. If you do not disable “cookies”, you are deemed to consent to LinknBuild’s use of any personal information collected using those “cookies”, subject to the provisions of these Terms.

    13. Users with citizenships from jurisdictions other than of South Africa, please note that LinknBuild complies with all South African data protection laws when processing your personal information pursuant to the Services, as we are a South African company operating primarily for the South African market. Should foreign law be applicable in any regard to your use of the Services and/or the Application in any way, including how we may process your personal information, please contact LinknBuild at info@linknbuild.com who will gladly engage you on its application and your rights.

    14. The user is entitled to request access to any relevant personal data held by LinknBuild and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with LinknBuild.

    15. Users acknowledge that any content provided by users on the Application, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not LinknBuild.

    16. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.

  1. COMPANY INFORMATION

    1. Application owner: LinkNBuild Pty Ltd

    2. Legal Status: Propietary Limited Company

    3. Registration Number: 2016/289171/07

    4. Telephone number: +27 82 752 0976

    5. E-mail address: info@linknbuild.com

    6. Application address: C/O OSMS, 2nd Floor Ebene House, 33 Cybercity,72201 Ebene, Mauritius

    7. Physical address: C/O OSMS, 2nd Floor Ebene House, 33 Cybercity,72201 Ebene, Mauritius

    8. Postal address: C/O OSMS, 2nd Floor Ebene House, 33 Cybercity,72201 Ebene, Mauritius

  2. DISPUTE RESOLUTION AND GOVERNING LAW

    1. The user’s access and/or use of the Application, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.

    2. Should any dispute, disagreement or claim arise between the parties concerning use of the Application or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

    3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between the parties to find and confirm a mutually beneficial solution for all parties, as far as possible.

    4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng North Division, Pretoria, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

    5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.

  3. TERMINATION OF USE OF APPLICATION OR SERVICES

    1. IN ADDITION TO THE RIGHTS ABOVE, LINKNBUILD RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR ACCESS TO AND/OR USE OF THE APPLICATION AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT LINKNBUILD GIVES REASONABLE NOTICE TO YOU. LINKNBUILD MAY ALSO INSTITTUE CIVIL LEGAL PROCEEDINGS AGAINST YOU FOR ANY BREACH OF THESE TERMS COMMITTED BY YOU.

    2. If you wish to terminate the agreement with LinknBuild, or end your use of the Services, you may do so by deregistering your Profile with the Application and discontinuing your use of the Application.

    3. The obligations and liabilities of the parties incurred prior to the termination date of the Terms and/or access to the Services shall survive the termination of these Terms for all purposes, including the payment of any fee due and payable by a user to LinknBuild.

    4. In the event of cancellation of your agreement with the Terms and with LinknBuild, LinknBuild will remove you from the Application and delete your Profile, and deny you access to the Services.

  4. NOTICES AND SERVICE ADDRESS

    1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

      1. in the case of LinknBuild, at info@linknbuild.com; or

      2. in the case of the user, at the e-mail and addresses provided by the user to LinknBuild in the registration process.

    2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

    3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

  5. GENERAL

    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

    2. No indulgence, leniency or extension of time granted by LinknBuild shall constitute a waiver of any of LinknBuild’s rights under these Terms and, accordingly, LinknBuild shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

    3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

    4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

    5. Should you have any complaints or queries, kindly address an email to info@linknbuild.com], advising LinknBuild of same.

    6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by LinknBuild in relation to a user’s payment default or breach.

    7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

    8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8 mutatis mutandis.