Terms of use

Version

2

30 August 2024

TERMS AND CONDITIONS OF SERVICE

OVERVIEW

1.1 This document sets out the terms and conditions of Pangea Building (Pty) Ltd and its operating entities, including inter alia, Pangea.construction [“PB”] [“Terms”] pertaining to the access to and use of this website:

www.pangea.construction

(“the/this Website”), as well as the PB service, as described below (“the Service”).

1.2 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1.3 Throughout these terms and the website, the terms product and service are used in conjunction with each other and or are used interchangeably.

1.4 Please read these Terms carefully as the use of this Website and the Service is subject always to these Terms. PB reserves the right to amend and/or replace any of, or the whole of, these Terms by posting new Terms to this Website. Such amendments shall supersede and replace any previous Terms available on this Website

1.5 Each time you (“you”/“the user”/“the customer”) access or use this Website, or the Service, you shall be deemed by such access and/or use to have agreed to these Terms, as amended and/or replaced by PB , from time to time.

1.6 Should you not accept these Terms or if you disagree with any of these Terms, you must immediately refrain from accessing and from using the Website and the Service

1.7 Throughout the site, the terms “we”, “us” and “our” refer to Pangea Building (Pty) Ltd and its operating entities, including inter alia, pangea.construction. PB offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

1.8 These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.9 If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1.10 Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

1.11 We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

1.12 It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

YOUR PRIVACY

2.1 PB undertakes to take all due care with any information which you may provide to PB when accessing this Website or registering for the Service such as your personal details and in such regard to comply with the provisions of all applicable legislation. However, to the extent permissible in terms of applicable law, PB does not warrant and cannot guarantee the security of any information which you may provide to PB. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

2.2 To the extent that the Website collects personal information about you, our use of that information will be in compliance with applicable privacy and data protection legislation, and is subject to PB's Privacy Policy, which can be read at

www.pangea.construction

2.3 Legal Requirements:

2.3.1 Subject at all times to the applicable law, PB may disclose your personal data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary

(i) to comply with a legal obligation,

(ii) to protect and defend the rights or property of PB,

(iii) to act in urgent circumstances to protect the personal safety of users of the Website, or the Service or the public, or

(iv) to protect against legal liability

DISCLAIMER RELATING TO PROFESSIONAL ADVICE

3.1. It is expressly recorded and agreed that any service available on or via this Website, or any materials or information made available on or gathered from this Website, is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any such decision, please ensure that you seek advice from a qualified professional advisor.

IMPORTANT NOTICE

4.1. These Terms contain specific provisions that have the effect of limiting the liability of PB, allocate risk or liability to you, or constitute acknowledgement of facts and certain undertakings by you. Please pay particular attention to these provisions since they limit your ability to recover losses that you may incur in connection with your use of this Website and the Service.

4.2. You agree to assist us in the discharge of our anti-money laundering, security validation and verification responsibilities by providing such information and evidence which we may request from time to time in this regard.

4.3. You agree to notify us promptly of any changes in the details you have supplied to us. In addition, we may, in our sole discretion, require other documents to be supplied to us at any time during our relationship with you in order to fulfil our legal and regulatory obligations.

PRODUCTS OR SERVICES

5.1. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services or service pricing are subject to change at any time without notice, at the sole discretion of PB. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

5.2. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5.3. Notwithstanding anything to the contrary in these Terms and Conditions, we shall not be liable to you or be obliged to perform our obligations under these Terms and Conditions if we are prevented, hindered or delayed from or in performing any of our obligations under these Terms and Conditions due to abnormal and unforeseeable circumstances beyond our control (including any strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown or other failure of equipment, software or communications network, fire, flood, or other circumstances affecting the supply of goods or services).

SURVEY TERMS

6.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

6.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

6.3. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

6.4. You must not transmit any worms or viruses or any code of a destructive nature.

6.5. By acceptance of these terms and conditions, you acknowledge that you understand the service terms attached to all our products and services.

6.6. A breach or violation of any of the Terms will result in an immediate termination of your Services.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

7.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

7.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

7.3. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your survey information).

7.4. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

7.5. PB may at any time in our sole discretion modify or discontinue the Website, or the Service and to modify or discontinue any materials, information or other content contained on the Website,

7.6. PB may use the services of other organisations to provide information on the Website and the App. PB has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The User agrees that such information is provided “as is” and that PB and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

OPTIONAL TOOLS

8.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

8.2. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

8.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

8.4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

9.1. Certain content, products and services available via our Service may include materials from third-parties.

9.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

9.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9.4. If any advertisement for a product or service provided by anyone other than PB appears on the Website, PB does not endorse, warrant, or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should always use your best judgment and exercise caution where appropriate.

9.5. The arrangements between PB and any third parties shall not be construed as any form of joint venture, partnership, or association of any kind, and PB takes no responsibility whatsoever for the actions of such third parties or their employees or agents.

9.6. PB, in providing its services is acting as an independent contractor, and is not an agent of any other party, nor does it or any third party have any authority to represent the other as to any matters, except as expressly authorised in these Terms.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

10.1. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

10.2.

We are and shall be under no obligation

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or

(3) to respond to any comments.

10.3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

10.4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECURITY

11.1. In order to ensure the security and reliable operation of the Service for all users, PB hereby reserves the right to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.

11.2. You may not utilise the Service and/or the Website in any manner which may compromise the security of PB’s networks or systems, or tamper with the services provided by PB or the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable.

11.3. Furthermore, should PB suffer any damage or loss, civil damages shall be claimed by PB against the user.

SECTION 12 - PROHIBITED USES

12.1. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

12.2. Restricted activities and rules relating to usage of the Website

12.2.1. The user hereby agrees that it shall not itself, nor through a third party:

12.2.2. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any portion of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms.

12.2.3. decompile, disassemble, or reverse engineer any portion of the Website.

12.2.4. collect service listings, descriptions or other information displayed on the Website.

12.2.5. write and/or develop any derivative of the Website or any other software program based on the Website

12.2.6. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of PB.

12.2.7. without PB's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website, by persons other than the user.

12.2.8. remove any identification, trademark, copyright, or other notices from the Website; and

12.3. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than for personal, non-commercial or information purposes only.

12.4. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

12.4.1. for any unlawful purpose.

12.4.2. to solicit others to perform or participate in any unlawful acts.

12.4.3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

12.4.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

12.4.5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

12.4.6. to submit false or misleading information.

12.4.7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

12.4.8. to collect or track the personal information of others.

12.4.9. to spam, phish, pharm, pretext, spider, crawl, or scrape.

12.4.10. for any obscene or immoral purpose; or

12.4.11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

12.5. Restricted activities related to the Service

12.5.1. Using the Service while impersonating any person or entity, falsely claiming an affiliation with any person or entity.

12.5.2. Using the Service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature.

12.5.3. Using the Service for any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy.

12.5.4. Using the Service to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, Beneficiaries or third parties without their consent.

12.5.5. Using the Service if you are under the age of eighteen (18).

12.5.6. Using the Service in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Service in an automated manner.

12.5.7. Using the Service to intentionally interfere with a user’s or registered Beneficiary’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

12.5.8. Using the Service in any way that assists you in violating any law, statute, or ordinance.

12.5.9. Using the Service to collect or contribute money for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive.

12.5.10. Using the Service to collect payments that support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs.

12.5.11. It is further prohibited for a Customer to use PB or the Service to sell:

12.5.11.1. Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.

12.5.11.2. Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.

12.5.11.3. Items that encourage, promote, facilitate or instruct others to engage in illegal activity.

12.5.11.4. Items that promote, support or glorify acts of violence or harm towards self or others.

12.5.11.5. Drugs, alcohol or drug paraphernalia.

12.5.11.6. Items that are obscene or pornographic.

12.5.11.7. Real estate.

12.6. Without in any way limiting the generality of any of the abovementioned provisions, you are specifically prohibited from:

INTELLECTUAL PROPERTY RIGHTS

13.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:   

13.2. “copyright” means whether existing now or in the future, in and to, the Website including without limitation, designs and documentation relating thereto.

13.2.1. “intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly or under licence by PB, including without limitation, PB’s rights, title, and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright relating to the Website or the App, whether registered or not.

13.2.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, agreements, and multimedia works, published on or via the Website, are the property of, or are licensed to, PB and as such are protected from infringement by local and international legislation and treaties.

13.3. All rights not expressly granted are reserved. The copyright in all content, information and logos vesting in the Website shall continue to vest in PB and no right, title or interest in any proprietary material or information contained in this Website is granted to you.

13.4. Except with PB’s express written permission, no logo, graphic, sound or image from this Website may be copied or retransmitted. In particular, the name “pangea building” and any logo related thereto may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without the prior written permission from PB.

13.5. Irrespective of the existence of copyright, the user acknowledges that PB is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes proprietary or confidential information or not, and that the user has no right, title or interest in any such material.

13.6. PB authorises you only to view, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal, non-commercial or information purposes only.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

14.1. Whilst PB will do its best to maintain the operation of the Service, we do not guarantee continuous, uninterrupted, or secure access to the Service and you acknowledge and agree that the operation of the Service provided by PB may be affected by numerous factors beyond our reasonable control.

14.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

14.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

14.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

14.5. In no case shall PB, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14.6. You agree to indemnify, defend, and hold harmless PB and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14.7. Disclaimer of warranties and liabilities in respect of the Service

14.7.1. The Service is provided to you subject to your statutory rights but are otherwise provided without any warranty and not subject to any condition, express or implied, except as specifically stated in these Terms.

14.7.2. The Service is provided to you subject to your statutory rights but are otherwise provided without any warranty and not subject to any condition, express or implied, except as specifically stated in these Terms.

14.7.3. PB relies on a variety of firms and partners to implement the Service. We shall not be liable for any delay or failure in the provision of the Service due to any delay or failure in the provision our partners’ services or the working of their sites and services.

14.7.4. Although we at all times attempt to ensure that the details of the Service offered on our Website are displayed and described accurately, we do not warrant same and disclaim to the maximum extent permitted by law any liability arising from any omissions or inaccuracies pertaining to such display and description.

14.7.5. You acknowledge that your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Website, as the case may be as soon as we reasonably can.

14.7.6. PB shall not be liable for any delay or failure in the provision of the Services where such failure is due to factors beyond our reasonable control, save that we will use reasonable endeavours to fulfil our obligations under these Terms.

14.7.7. PB reserves the right not to be liable for any action or service if service is postponed due to broken equipment, resulting from any circumstances beyond our direct control, or if there are issues in terms of safety.

14.7.8. any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for any reason whatsoever;

14.7.9. any loss or damage with regard to your or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third-party systems; programming defects; negligence on our part;

14.7.10. any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;

14.7.11. any event over which we have no direct control.

14.8. Disclaimer of warranties in respect of the Website

14.8.1. You acknowledge and agree that the materials, information, and any content on this Website are provided “as is” without warranties of any kind, either express or implied.

14.8.2. PB makes no representations or warranties, whether express or implied, as to the availability, accuracy, completeness or reliability of any materials, information, data and/or content on the Website, including without limitation:   

14.8.3. PB does not warrant that the Website is provided/displayed information or downloads shall be error-free or that they shall meet any criteria of performance or quality.

14.8.4. PB expressly disclaims all implied warranties, including without limitation, warranties of merchantability, completeness, fitness for a purpose, non-infringement, compatibility, security, integrity, and accuracy;   

14.8.5. Whilst PB has taken reasonable measures to ensure the integrity of the Website, contents, no warranty, whether express or implied, is given that any files, downloads, or applications available via the Website are free of viruses, Trojans, time bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and   

14.8.6. PB disclaims any responsibility for the verification of any claims made on this Website. In this regard, any materials, information, or content published on the Website may be done so in the format in which PB receives it and statements from external parties are accepted as fact.

14.8.7. Although the information on the Website is presented in good faith and believed to be correct, PB makes no representations or warranties as to the completeness or accuracy of the materials, information or content on the Website, or any websites or apps linked to the Website.

14.8.8. The opinions expressed by third parties do not necessarily reflect those of PB.

14.9. ADDITIONALLY,

14.10. THE USER’S USE OF THE WEBSITE AND THE INFORMATION CONTAINED THEREON IS ENTIRELY AT THE USER’S OWN RISK AND THE USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF.

14.11. THE TRANSMISSION OF INFORMATION VIA THE INTERNET, INCLUDING WITHOUT LIMITATION EMAIL, IS SUSCEPTIBLE TO MONITORING AND INTERCEPTION. THE USER BEARS ALL RISK OF TRANSMITTING INFORMATION IN THIS MANNER. UNDER NO CIRCUMSTANCES SHALL PB BE LIABLE FOR ANY LOSS, HARM, OR DAMAGE SUFFERED BY THE USER AS A RESULT THEREOF. PB RESERVES THE RIGHT TO REQUEST INDEPENDENT VERIFICATION OF ANY INFORMATION TRANSMITTED VIA EMAIL AND THE USER CONSENTS TO SUCH VERIFICATION SHOULD PB DEEM IT NECESSARY.

TO THE EXTENT PERMISSIBLE BY LAW:   

15.1.1. NEITHER PB, ITS AFFILIATES, SHAREHOLDERS, AGENTS, CONSULTANTS OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER ARISING (WHETHER IN AN ACTION ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE) RELATED TO THE SERVICE PROVIDED BY PB, THE USE OF, OR THE INABILITY TO ACCESS OR USE THE CONTENT OF THE WEBSITE ANY FUNCTIONALITY THEREOF, OR THE INFORMATION CONTAINED ON THE WEBSITE, OR OF ANY LINKED WEBSITE, EVEN IF PBKNOWS OR SHOULD REASONABLY HAVE KNOWN OR IS EXPRESSLY ADVISED THEREOF.   

15.1.2. THE LIABILITY OF PB FOR FAULTY EXECUTION OF THE WEBSITE, AS WELL AS ALL DAMAGES SUFFERED BY THE USER, WHETHER DIRECT OR INDIRECT, AS A RESULT OF THE MALFUNCTIONING OF THE WEBSITE OR SERVICE SHALL BE LIMITED TO PB RECTIFYING THE MALFUNCTION, WITHIN A REASONABLE TIME AND FREE OF CHARGE, PROVIDED THAT PB IS NOTIFIED IMMEDIATELY OF THE DAMAGE OR FAULTY EXECUTION OF THE WEBSITE, OR SERVICE. THIS LIABILITY SHALL FALL AWAY AND BE EXPRESSLY EXCLUDED IF THE USER ATTEMPTS TO CORRECT OR ALLOWS THIRD PARTIES TO CORRECT OR ATTEMPT TO CORRECT THE WEBSITE, OR SERVICE WITHOUT THE PRIOR WRITTEN APPROVAL OF PB. HOWEVER, IN NO EVENT SHALL PB BE LIABLE TO THE USER FOR LOSS OF PROFITS OR FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OR THE SERVICE   

15.1.3. YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY PB AND AGREE TO HOLD ESP FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE SUFFERED OR INCURRED BY PB OR INSTITUTED AGAINST PB AS A DIRECT OR INDIRECT RESULT OF:

15.1.4. YOUR USE OF THE WEB, OR THE SERVICE PROVIDED BY PB;       

15.1.5. SOFTWARE, PROGRAMS AND SUPPORT SERVICES SUPPLIED BY, OBTAINED BY OR MODIFIED BY YOU OR ANY THIRD PARTY WITHOUT THE CONSENT OR KNOWLEDGE OF PB; OR       

15.1.6. YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS OR ANY OTHER REQUIREMENTS WHICH PB MAY IMPOSE FROM TIME TO TIME;       OR       

15.1.7. ANY UNAVAILABILITY OF, OR INTERRUPTION IN, THE SERVICES PROVIDED BY PB WHICH IS BEYOND THE CONTROL OF PB.

SEVERABILITY

16.1. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

17.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

17.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

17.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17.4. in respect of subscription services, you may terminate our agreement under these Terms and Conditions by giving us at least 1 month's written notice. We shall not charge you for the termination of our agreement under these Terms and Conditions after the expiry of 12 months from its commencement.

17.5. We may terminate our agreement under these Terms and Conditions by giving you at least 1 months' written notice. Such termination will not release you from any liability in respect of any sums owing to us or from any previous liability for any act performed by us in accordance with instructions received from you.

BREACH & CANCELLATION BY PV

18.1. PB is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and/or the Service provided by PB, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to PB's right to claim damages, should any user:   

18.1.1. breach any of these Terms;   

18.1.2. damage or harm the reputation of PB;   

18.1.3. in the sole discretion of PB, use the Website, and/or the Service provided by PB in an unauthorised manner; or   

18.1.4. infringe any statute, regulation, ordinance, or law.

18.1.5. Breach of these Terms entitles PB to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to PB on an attorney and own client scale.

18.2. We may terminate our agreement under these Terms and Conditions by giving you at least 1 months' written notice. Such termination will not release you from any liability in respect of any sums owing to us or from any previous liability for any act performed by us in accordance with instructions received from you.

COMMUNICATIONS

19.1. We may accept your instructions even if they are not given in conventional written paper form such as by letter. This would cover any form of electronic or telephonic communication, including those not currently available. It applies to all present and any future business with you but does not imply that we can or do currently actually accept all types of electronic communications: we will tell you what types we will accept.

19.2. Note that there may be no signature, security or password protection for email, phone, fax and other future forms of electronic communication. You should bear this in mind if you decide to permit us to accept those types of instruction. If we do decide to accept any type or types of electronic communication from you, we advise:

19.2.1. against using analogue mobile or cordless phones to contact us as they can sometimes be intercepted or overheard.

19.2.2. you to be careful not to let other people see your details if you are online in a public place; and

19.2.3. against using email for sending us confidential information.

19.3. Where we agree to accept instructions in a particular format (including in electronic format), we will not be able to act on the instructions unless they are legible and clear.

19.4. We may decline to act on any communication, even if we have told you we will in general accept that type of instruction. We may do this in particular if we consider that there is doubt about the validity of the communication and it is in our or your interest to query it with you. However, we are not obliged to check or consider the validity of your communications unless we have previously agreed a system of validation with you. Subject to any legal or regulatory requirements which may apply, we are authorised to act upon any instruction, agreement, or arrangement without enquiring about its purpose, or the circumstances in which it is given, or about the disposition of any proceeds.

19.5. if we come to believe that you may not have properly authorised a communication, we may, after making reasonable efforts to check whether it was authorised, refuse to act on the instruction and take steps to reverse any action already taken on it.

19.6. We may rely and act without further enquiry on any electronic communication which we reasonably believe you have given us, even if in fact it has not come from you

19.7. You must follow any security procedures we specify. We may also require you to sign a separate agreement before you can use some types of electronic communication to send us instructions and to access some kinds of services by electronic communication.

19.8. We may insist that you confirm any electronic communication in conventional written form by the next business day. We need not wait for confirmation before acting on the instruction. (other than a Saturday or Sunday or a public holiday) as required for the execution of a transaction.

19.9. We can communicate with you by any form of electronic communication by which you have chosen to be able to give us instructions.

GENERAL

20.1. The language of these Terms and Conditions shall be English and all information provided, made available and notified to you shall be in English.

20.2. In case any provision in or obligation under these Terms and Conditions shall be invalid, illegal, or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.

20.3. You may not assign, transfer, or create any trust in respect of, or purport to assign, transfer or create any trust in respect of, a right or obligation under these Terms and Conditions.

20.4. Neither these Terms and Conditions nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.

20.5. No staff member or third-party services company of PB may be offered or given temporary or permanent employment by the client directly or indirectly (family, work) without prior negotiation with PB. The period of protection is agreed to as 6 (six) months. This applies from the date of termination of services by the client irrespective of any cause or reason.

21. ENTIRE AGREEMENT

21.1. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

21.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

21.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

22.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SALE OF BUSINESS

23.1. In the event that the business is sold or integrated with another business your details may be disclosed to our advisors and any prospective purchasers' advisers and will be passed onto the new owners of the business.

GENERAL COMPLIANCE WITH LAWS

24.1. Without prejudice to any other provision set out in these Terms, you undertake that you shall at all times comply with all applicable laws, statutes, ordinances and regulations pertaining to your accessing of this Website and/or your use of the Service provided by PB.

24.2. The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.

24.3. Address for Notices and Service of Legal Process - All legal notices must be delivered to our registered address being Ground Floor, Block D, MonteCircle office park, Montecasino Boulevard, Fourways, 2191 marked for the attention of the Legal Department.

24.4. We may send you legal notices to any of the addresses you have specified on any of your application/Member Registration Forms with us or at the address you actually work or live.

24.5. PB shall be entitled from time to time, by giving notice to you, to vary its physical address for service to any other physical address within the Republic of South Africa.

CHANGES TO TERMS OF SERVICE

25.1. You can review the most current version of the Terms of Service at any time at this page.

25.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25.3. These Terms and all relevant terms implied herein by applicable law constitute the entire agreement between you and us in respect of the use of the Website, and the Service.

CONTACT INFORMATION

26.1. Except as expressly stated otherwise, any notices shall be given by email to

[email protected]

(in the case of PB) or to the email address you have provided to PB (in your case), or such other address that has been specified. Notice shall be deemed given 48 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, PB may give you notice by hand or by registered mail to the address which you have provided to PB. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.

26.2. The user of this Website and the Service acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

26.3. We aim to provide the highest level of customer service possible. If you do experience a problem, we will always seek to resolve this as quickly and efficiently as possible.

However, if you are unhappy and would like to make a complaint, please refer to our Complaints Policy for details of our internal process for dealing with complaints promptly and fairly.

Our Complaints Policy is available on our Website or by contacting our customer service team at:

[email protected]

26.4. Questions about the Terms of Service should be sent to us at

[email protected]

CONTENT

27.1. We or our licensors own all the rights to all the materials contained in the website, and the information the website collects (we refer to all this as 'the content'). This includes patents, copyright, database rights and registered and unregistered trademarks. By making the trademarks available on the website, we are not giving you any permission to use them.

27.2. You can, view and display the content on a computer screen; print individual pages on paper or make a reasonable number of photocopies (or both) for your personal use and store the content in electronic form on your computer's hard drive for your personal, non-commercial use only.

27.3. This website is Copyright ©2024, Pangea Building (Proprietary) Limited. All rights reserved.

27.4. You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise ("linking") to this website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion. In the event that you have not heard from us within 5 (five) working days, please consider your request as having been rejected.

Full name and legal status of the website owner:

Pangea Building (Proprietary) Limited t/a pangea building and pangea construction,

a private company incorporated in accordance with the laws of the Republic of South Africa,

Registration number: 2024/530049/07,

Place of registration: Gauteng, South Africa,

Registered physical address: Ground Ploor, Block D, MonteCircle Office Park, Montecasino Boulevard, Fourways, 2191

Physical address for receipt of legal service of documents (“registered office”): Ground Ploor, Block D, MonteCircle Office Park, Montecasino Boulevard, Fourways, 2191,

Telephone number: 076 477 4990,

Website address:

www.pangea.construction

E-mail address:

[email protected]