If you use our service and website then you, as the User agree to the terms and conditions in this agreement as well as our Legal Notice regarding the Website and our Privacy Policy. We urge you to carefully read these documents and ensure that you understand theirs content.
Any person or entity using our Website (www.procompare.co.za) to submit a request for a free Quote is hereinafter referred to as “Users”. The Service Providers who respond to your Quote request are hereinafter referred to as “Providers”. Our company (Procompare (Pty) Ltd) who manages the Website is hereinafter referred to as “Procompare”.
The following are the terms regulating your use of the Procompare website:
- Service: Procompare offers a platform where users are able to connect with Providers and vice versa in order for them to contract with one another. Therefore, our service to you, the User, is to obtain Quotes from the Providers as requested by you on our Website for certain services and/or products;
- Free of charge: Users submit requests for a Quote on our Website free of charge, meaning there is no payment required for the Users to request such Quotes, and the User by his/her/its use of our Services agrees and authorises Procompare to pass on the User’s details entered on our Website to Providers.
- No obligation of choice: Submitting a request for a Quote (“the Leads”) does not oblige the User to accept any Quote received from our Providers, nor to committing to any Provider’s Quote. The choice whether to opt for any of these Providers is entirely the User’s. You (the User) are responsible for accepting or refusing a Provider’s Quote. Therefore, Procompare cannot guarantee that the Lead will result in a Provider expressing an interest or ultimately an agreement being concluded between the User and the Provider, nor can Procompare guarantee the workmanship of the Provider or the suitability or fitness for purpose of the Provider’s services or products and you the User release Procompare, its employees, directors and shareholders of any liability in this regard and acknowledge that Procompare is merely a broker or go-between between the User and the Provider.
- Dealing directly with Providers: The services or products that you order from a Provider is at all times an agreement you as User must negotiate with the Provider directly. No contract is concluded between you as a User of our Website and the Provider as Procompare only facilitates the exchange of information. Procompare is not responsible for the content of the Provider’s information supplied to a User or for their products or services, nor do we as Procompare take responsibility for any disputes between a User and a Provider. You hereby agree to release Procompare (and its employees, directors and shareholders) from any and all damages or claims (including for any consequential losses) in any way connected with your dealings with Providers and any disputes arising therefrom, including your use of our Services and/or our Website.
- Good Faith: Since the success of the Website is based on Users interacting in good faith, the User warrants that the information provided by the User, including contact details, ratings and data, is accurate, complete and truthful and not misleading to Procompare or Providers or subject to any rights of third parties.
- Relying on Provider data: When forwarding the Provider data, Procompare is entirely reliant on the data provided to it by the Providers and therefore Procompare makes no representations or warranties regarding any information given by the Provider, and assumes no liability for such information.
- Reliability of Providers: Whilst we take great care in vetting our Providers, Procompare is not liable for the suitability of the Providers to whom the Lead has been forwarded, or their products or services. Procompare does not guarantee the products or services or workmanship of Providers listed on its Website. Procompare does not endorse or recommend the products or services of any of the proposed Providers, as the Providers are independent third-party businesses from Procompare.
- Limitations on the type of quotes and communications: The User hereby warrants and guarantees that he/she/it will not use the Website for any illegal purposes, the dissemination of explicit adult materials, hate speech, hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. In such instance Procompare reserves its right in its sole discretion to disable the offending User’s access to its Website without prior notice and to take such further legal steps as it may deem appropriate, including but not limited to interdicts and claims for the recovery of any damages it may sustain, e.g. loss of income, reputational damages, repairs, legal fees on the attorney client scale and further costs and expenses. If any communication published on Procompare’ s Website is found to be inappropriate by Procompare then it reserves the right to remove or alter such communication in its sole discretion.
- Data and Privacy: Procompare will store data in terms of its privacy policy in compliance with relevant legislation applicable in South Africa and as required by EU citizens in terms of GDPR legislation. The User agrees that telephone calls may be recorded for quality control and to maintain our service standards. The User hereby agrees that any content generated by the User on the website, e.g. in reviews or ratings, can be used by Procompare or by any third party with Procompare’s consent and to the extent necessary, the User irrevocably licenses such content to Procompare in perpetuity, at no fee and waives any rights to such content.
- The User agrees and undertakes to only submit accurate truthful reviews on Providers which the User has actually used and engaged with via the Website.
Cape Town, on 28 May 2019
PROCOMPARE (PTY) LTD