1. Acceptance of Terms
By accessing or using BuildCape.co.za (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform. These Terms constitute a binding agreement between you and BuildCape (Pty) Ltd.
2. Description of Service
BuildCape is a web-based platform providing construction industry forms, documents, compliance tracking tools, a contractor marketplace, and related services targeted at the South African construction industry, with a primary focus on the Cape Town.
The Platform includes:
- Access to 300+ professional construction forms and documents
- A compliance renewal tracker for managing industry certifications and registrations
- A marketplace connecting contractors, subcontractors, architects and homeowners
- Project management and document storage tools (subscription tiers)
3. User Accounts
To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at info@buildcape.co.za if you suspect unauthorised access to your account.
You must be at least 18 years old and legally authorised to enter into contracts on behalf of the business you represent to create an account.
4. Free and Paid Plans
BuildCape offers a free Starter plan with no time limit. Paid Professional and Enterprise plans are available on monthly or annual billing. Paid subscriptions auto-renew unless cancelled before the renewal date. No refunds are provided for partial billing periods.
We reserve the right to modify pricing with 30 days' notice to existing subscribers.
5. Acceptable Use
You agree not to:
- Use the Platform for any unlawful purpose or in violation of South African law
- Reproduce, distribute or resell Platform content without written permission
- Attempt to circumvent security measures or access other users' accounts
- Upload malicious code, viruses, or harmful content
- Misrepresent your identity, qualifications, or business credentials on the marketplace
- Use automated tools to scrape or extract Platform content at scale
6. Forms and Documents — Legal Disclaimer
All forms and documents on BuildCape are provided for informational and operational purposes only. While we endeavour to ensure all forms comply with applicable South African legislation (including BCEA, LRA, OHS Act, JBCC, CIDB Act, NHBRC Act, and NBC Main Agreements), they do not constitute legal advice.
BuildCape is not a law firm and does not provide legal advice. You should consult a qualified South African attorney, labour consultant, or compliance professional before relying on any form for critical legal, employment, or compliance purposes. BuildCape accepts no liability for losses arising from the use of forms on the Platform.
7. Compliance Information
Compliance dates, fee schedules, and regulatory information on BuildCape are provided as guidance only and may not reflect the latest changes. Always verify current requirements directly with the relevant authority (NHBRC, CIDB, SARS, Department of Labour, etc.) before making compliance decisions. BuildCape accepts no liability for compliance failures.
8. Marketplace
BuildCape operates a marketplace connecting construction professionals. We do not verify, endorse, or guarantee the work, qualifications, or registration status of any contractor, subcontractor, or professional listed on the marketplace. Users engage with each other at their own risk. BuildCape is not a party to any contract formed between marketplace users.
9. Intellectual Property
All content on the Platform, including forms, templates, code, branding, and documentation, is owned by BuildCape (Pty) Ltd and protected by South African copyright law. You may use forms and templates for legitimate business purposes but may not reproduce or redistribute them commercially without written permission.
10. Privacy and POPIA
We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Our Privacy Policy governs how we collect, use, and protect your personal information. By using the Platform, you consent to the processing of your personal information as described in our Privacy Policy.
11. Limitation of Liability
To the maximum extent permitted by South African law, BuildCape shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform, including but not limited to loss of business, loss of profits, compliance failures, or data loss.
Our total liability to you for any claim arising from these Terms or your use of the Platform shall not exceed the amount you paid to BuildCape in the 3 months preceding the claim, or R1,000, whichever is greater.
12. Termination
We reserve the right to suspend or terminate your account if you breach these Terms. You may terminate your account at any time by contacting info@buildcape.co.za. Upon termination, your right to use the Platform ceases immediately.
13. Changes to Terms
We may update these Terms from time to time. We will notify registered users of material changes by email. Continued use of the Platform after changes constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the Cape Town High Court, Cape Town, South Africa.