1. DEFINITIONS
1.1. “SAKEwinkel” isan online marketplace owned and operated by B4i Productions Proprietary Limitedwith registration number 2021/933972/07, a company duly incorporated under thelaws of the Republic of South Africa, facilitating the procurement of productsand services between the Subscriber and the Provider;
1.2. “Subscriber” meansthe natural person or legal entity who subscribed to SAKEwinkel to obtainaccess to the products and/or services as facilitated through SAKEwinkel.
1.3. “Supplier” meansthe legal entity from which a product or service is procured the Subscriber;
1.4. “Terms” meansthese terms and conditions which govern the use of and participation inSAKEwinkel.
2. USER ACCOUNT
2.1. To use SAKEwinkel, the Subscribermust register by providing the required information as specified.
2.2. The Subscriber andSAKEwinkel shall maintain the confidentiality of all login credentials andrelated data used to access the SAKEwinkel platform and shall take allreasonable measures to prevent such information from being disclosed to oraccessed by any unauthorised third party.
2.3. The Subscriber isresponsible for all activities that occur on their registered account. In theevent of suspicious or malicious account activity the Subscriber must notifySAKEwinkel by sending an email to support@sakewinkel.co.za.
2.4. The Subscriber shallaccess and utilise SAKEwinkel solely through their duly registered account.Under no circumstances shall the Subscriber create or attempt to createmultiple accounts, whether by using multiple devices, aliases, falsifiedidentity information, or by employing any means or software intended to obscureor fabricate their identity. SAKEwinkel reserves the right, in its sole andabsolute discretion, to withhold, suspend, or terminate any Subscriber’saccount should it be determined that such account is fraudulent, abusive,unethical, suspicious, or otherwise in contravention of these Terms andConditions or any applicable laws or regulations.
2.5. By submitting personalinformation to SAKEwinkel, the Subscriber warrants that the individualaccessing SAKEwinkel is either the Subscriber themselves or that the Subscriberhas the requisite authority to act on behalf of another individual. TheSubscriber shall be solely responsible for the accuracy and lawfulness of allinformation provided to SAKEwinkel, including any personal information relatingto third parties, and for all activities conducted through their account. Forfurther information regarding the collection, use, and processing of personaldata, Subscribers are referred to the SAKEwinkel Privacy Policy.
2.6. The Subscriber herebyconsents to SAKEwinkel disclosing their personal information, as providedduring the course of registration or use of the platform, to relevant Suppliersfor the sole purpose of facilitating the successful delivery of the products and/orservices purchased by the Subscriber.
3. WITHHOLDING PAYMENTSAND INTERNATIONAL PAYMENTS
3.1. Transactions conductedon SAKEwinkel are restricted to the territorial jurisdiction of the Republic ofSouth Africa. Accordingly, all information provided by the Subscriber,including delivery and billing addresses, must reflect a valid physical addresswithin the borders of the Republic of South Africa. Furthermore, any refundsdue to the Subscriber shall be processed exclusively into a bank account heldat a financial institution domiciled within the Republic of South Africa.
3.2. SAKEwinkel, togetherwith its authorised payment service providers, complies with all applicableAnti-Money Laundering and Counter-Terrorism Financing (“AML/CTF”)legislation, including but not limited to the Financial Intelligence Centre Act38 of 2001 (“FICA”). The Subscriber acknowledges that their use of theSAKEwinkel platform may be subject to regulatory oversight and restrictions inaccordance with such legislation and any associated rules, regulations, ordirectives.
3.3. SAKEwinkel reserves theright, at any time and in its sole discretion, to request that the Subscribersubmit certain documentation or information, either directly to SAKEwinkel orto its authorised third-party service providers, for the purposes of verifyingthe Subscriber's identity and ensuring compliance with SAKEwinkel’s AML/CTFobligations and/or any applicable domestic or international legal requirements.Such information may include, but is not limited to, valid identitydocumentation, company registration certificates, and/or proof of bankingdetails.
3.4. SAKEwinkel reserves theright to withhold any payment due to a Subscriber and to suspend, limit, orterminate the Subscriber’s access to and use of SAKEwinkel in the event ofnon-compliance with the aforementioned verification and compliancerequirements, or where such compliance falls below the standard reasonablyrequired by SAKEwinkel. SAKEwinkel further reserves the right to disclose anysuch information to the relevant legal or regulatory authorities, whererequired to do so in terms of applicable law.
4. LIMITATION OF LIABILITY
4.1. SAKEwinkel is not theowner, manufacturer, or seller of any products or services offered for sale onthe SAKEwinkel platform. All transactions and sales are concluded between the Subscriberand the Supplier of which SAKEwinkel only provides a platform to facilitate thetransaction.
4.2. All transactions andsales concluded through SAKEwinkel are entered into directly between theSubscriber and the respective Supplier. SAKEwinkel acts solely as a facilitatorby providing an online platform through which such transactions may beinitiated and completed.
4.3. SAKEwinkel shall not,under any circumstances, be held liable for any claim, loss, damage, or expensearising from or in connection with any transaction concluded between aSubscriber and a Supplier.
4.4. All complaints,queries, and claims relating to the goods or services offered or sold on theSAKEwinkel platform must be directed exclusively to the relevant Supplierresponsible for the provision thereof.
4.5. SAKEwinkel bears noresponsibility for the resolution of any disputes that may arise between aSubscriber and a Supplier. Any such disputes must be resolved directly betweenthe parties concerned.
4.6. SAKEwinkel does notinspect, endorse, warrant, or guarantee the quality, suitability, condition, orcompliance of any goods or services offered SAKEwinkel. Furthermore, SAKEwinkeldoes not verify the accuracy or completeness of any product or service descriptionsubmitted by a Supplier.
4.7. SAKEwinkel shall not beheld liable for the accuracy, lawfulness, or veracity of any informationpublished by a Supplier, nor for any inappropriate, unlawful, or harmfulconduct by any Subscriber or Supplier.
4.8. SAKEwinkel shall not beliable for any damages, losses, or delays arising from the improper,incomplete, or inadequate delivery of any goods or services by a Supplier. Thisincludes, but is not limited to, delays, damage, or loss caused duringdelivery, whether such delivery is facilitated by integrated or non-integratedlogistics or shipping services utilised by either the Supplier or theSubscriber.
5. RIGHTS AND OBLIGATIONSOF THE SUBSCRIBER
5.1. The Subscriber confirmsthat they are above the age of 18 and have the legal capacity to understand,agree with, and be bound by these Terms. Where you are under the age of 18, youwarrant that you have the consent of your parent or guardian to use SAKEwinkel,who understands that they will be responsible for all your actions on SAKEwinkeland any associated expenses.
5.2. To use SAKEwinkel,including to make transactions, the Subscriber undertakes to enter their valide-mail address to SAKEwinkel and be available via e-mail.
5.3. The Subscriberundertakes to conduct only legal transactions through SAKEwinkel.
5.4. The Subscriberundertakes to ensure that their activities do not violate the property rightsor moral rights (including intellectual property) of any third parties.
5.5. The Subscriber confirmsthat they are aware of the fact that if third parties gain access to the Subscriber's information technology equipment so that the Subscriber is logged into SAKEwinkel,third parties may assume obligations that are binding to the Subscriber and theperformance of which is the responsibility of the Subscriber.
6. INTELLECTUAL PROPERTY
6.1. All elements of theSAKEwinkel website and/or software platform, including but not limited to itslayout, content, materials, information, data, software, icons, text, graphics,images, sound clips, advertisements, video clips, user interface design andlayout, trade names, logos, trademarks, designs, copyrights, and service marks,as well as the underlying source code (collectively, the “IntellectualProperty”), are the property of SAKEwinkel, its shareholders, affiliates,associates, and/or licensors (as applicable), and are protected by applicabledomestic and international intellectual property laws and treaties. All rightsin and to such Intellectual Property are reserved.
6.2. In the event that theSubscriber provides SAKEwinkel with any suggestions, comments, ideas, or otherforms of feedback relating to the SAKEwinkel platform or any Supplier(collectively, “Feedback”), such Feedback shall be deemed to be provided on an“as is” basis and shall become the sole and exclusive property of SAKEwinkelupon submission. The Subscriber hereby irrevocably assigns to SAKEwinkel allrights, title, and interest (including any intellectual property rights) in andto such Feedback and expressly waives any and all moral rights that may existin relation thereto, to the fullest extent permitted by applicable law.
6.3. Subject to the limitedrights expressly granted to Subscribers under these Terms and Conditions, allrights, title, and interest in and to the Intellectual Property of SAKEwinkelremain strictly reserved. The Subscriber shall not, without the prior writtenconsent of SAKEwinkel (which may be withheld in SAKEwinkel’s sole discretion),copy, reproduce, download, print, modify, alter, adapt, publish, broadcast,distribute, transmit, sell, license, or otherwise exploit, whether in whole orin part, any aspect of the Intellectual Property, including but not limited toeditorial content, graphics, materials, or the underlying software code.
6.4. SAKEwinkel reserves theright, at any time and without prior notice, to make enhancements,modifications, or changes to any aspect of its Intellectual Property, includingbut not limited to information, videos, graphics, content, and other materialsavailable on the platform, or to suspend or terminate the operation of theSAKEwinkel platform in whole or in part. Such suspension or termination shallnot affect the validity or enforceability of any transactions or functionslawfully concluded prior to such suspension or termination.
7. DISPUTES AND DISPUTERESOLUTION
7.1. If the Subscriber has acomplaint about the service of SAKEwinkel, please contact us at support@sakewinkel.co.zaand submit your name and contact details and briefly describe the content ofthe complaint. SAKEwinkel will respond to the complaint as soon as possible,but not later than within the next 2 (two) working days, unless specifiedotherwise.
7.2. If the event a disputepertaining to products or services, refer to the respective terms andconditions of either SAKEslag, KAARTJIESkamer or WYNROETESwyne.
8. PROCESSING PERSONALDATA AND PRIVACY POLICY
8.1. AKEwinkel collects onlysuch personal data from the Subscriber as is necessary and relevant to theSubscriber’s use of the SAKEwinkel platform and which arises directly from theSubscriber’s activities thereon. Such personal data may include, but is not limitedto, information contained in the Subscriber’s user profile, data submitted inconnection with the sale or purchase of products or services, and informationgenerated or recorded as a result of the Subscriber’s engagement with any otherfeatures or functionalities of the platform.
8.2. SAKEwinkel shall havethe right to process any data obtained from the Subscriber at the time ofregistration or login to SAKEwinkel, as well as any data requested or collectedduring the course of a transaction or through the Subscriber’s general use of theplatform, solely for the purposes and to the extent set out in these Terms andConditions.
8.3. SAKEwinkel undertakesto store the Subscriber’s personal data securely and to take reasonabletechnical and organisational measures to protect such data against unauthorisedaccess, loss, or destruction. Personal data will be retained only for as longas necessary to fulfil the purposes for which it was collected or as requiredby applicable law or regulation
8.4. The Subscriber herebyprovides their voluntary, informed, and explicit consent for SAKEwinkel toprocess their personal data for the purposes and to the extent set out in theseTerms and Conditions. The Subscriber shall have the right, at any time, to withdrawsuch consent, to request the cessation of the processing of their personaldata, and to request the deletion or de-identification of such data, as well asthe closure of their Subscriber account. Such requests may be submitted bycontacting SAKEwinkel at support@sakewinkel.co.za.Upon receipt of such a request, SAKEwinkel shall take all reasonable steps tocomply, subject to any legal obligations or legitimate interests that mayrequire the continued retention of such data.
8.5. SAKEwinkel utilises theSubscriber’s personal data for the purposes of providing, developing,maintaining, and personalising its services and platform functionalities. Suchprocessing is undertaken to enhance the Subscriber’s experience, improveservice delivery, and tailor content and features in accordance with theSubscriber’s usage and preferences
8.6. SAKEwinkel reserves theright to use the Subscriber’s personal data and, where necessary, to share suchdata with carefully selected third-party service providers and partners engagedby SAKEwinkel. Such sharing shall be strictly for the purpose of ensuring thequality, functionality, and availability of SAKEwinkel and for the enhancement,expansion, or development of the services offered by SAKEwinkel. Allthird-party recipients of personal data shall be contractually bound to adhereto data protection standards no less stringent than those required underapplicable data protection legislation, including the Protection of PersonalInformation Act 4 of 2013 (“POPIA”)
8.7. SAKEwinkel acts as theresponsible party (or data controller) in respect of the personal datacollected from Subscribers. In the course of facilitating payments, SAKEwinkelmay transfer certain personal data, limited to what is necessary for theexecution of the transaction, to its authorised third-party payment serviceproviders. Such payment processors shall process the personal data inaccordance with the applicable laws and regulations governing payment servicesand data protection, including the standards prescribed under POPIA.
8.8. The Subscriber shallhave the right, at any time, to submit enquiries or request additionalinformation regarding the processing of their personal data by contactingSAKEwinkel at support@sakewinkel.co.za.Furthermore, the Subscriber retains the right to lodge a complaint or raiseconcerns with the regulatory authority responsible for overseeing dataprotection in South Africa, namely the Information Regulator of South Africa.
9. AMENDING THE TERMS ANDCONDITIONS
9.1. SAKEwinkel reserves theright to unilaterally amend, modify, or update these Terms at any time,including but not limited to amendments arising from the development,improvement, or alteration of the products and services offered, or where suchamendments are deemed necessary to enhance the safety, security, or usabilityof the SAKEwinkel platform.
9.2. Any such amendmentsshall take effect upon their publication on the SAKEwinkel platform or website,unless otherwise specified.
9.3. The Subscriber shall bedeemed to have accepted the amended Terms by continuing to access or use theSAKEwinkel platform after the effective date of the relevant amendment.
10. DISCLAIMERS
10.1. Access to theSAKEwinkel platform is limited to compatible devices with internetconnectivity. It shall be the sole responsibility of the Subscriber to obtain,maintain, and ensure the functionality of such devices and internet accessnecessary for the use of the platform. SAKEwinkel makes no representations orguarantees that the platform, or any part thereof, will function on anyspecific device, operating system, or hardware configuration.
10.2. Without prejudice toany other rights or remedies available to SAKEwinkel at law or in terms ofthese Terms and Conditions, SAKEwinkel reserves the right to suspend orterminate the Subscriber’s access to the platform where, in SAKEwinkel’sreasonable discretion, the Subscriber is found to be in breach of any provisionof these Terms.
10.3. The SAKEwinkel platformand its associated services, including all Intellectual Property displayedthereon, are provided on an “as is” and “as available” basis. SAKEwinkel makesno representations, warranties, or guarantees of any nature, whether express orimplied, including but not limited to warranties as to accuracy, reliability,merchantability, fitness for a particular purpose, or non-infringement ofthird-party rights. The Subscriber’s use of the platform is entirely at theirown risk, unless otherwise expressly stated.
10.4. To the fullest extentpermitted by law, SAKEwinkel, its shareholders, directors, employees,affiliates, and partners shall not be liable for any loss, damage, or claim ofany nature whatsoever, whether direct, indirect, special, incidental, orconsequential, arising out of or in connection with the use of the SAKEwinkelplatform, any information provided thereon, or any transaction concluded as aresult of such use.
10.5. SAKEwinkel implementsreasonable technical and organisational security measures to ensure theintegrity and security of the platform and to protect against viruses,unauthorised access, and other malicious activities. However, SAKEwinkel doesnot warrant that the platform will be uninterrupted, error-free, or free ofharmful components, including but not limited to bugs, viruses, worms, trojanhorses, or other malware. Access to and use of the platform remains at theSubscriber’s sole risk, and the Subscriber is advised to take appropriateprecautions, including the use of antivirus software and data protection tools.
11. INDEMNITIES
11.1. The Subscriber hereby agreesto indemnify, defend, and hold harmless SAKEwinkel, including its shareholders,directors, officers, employees, affiliates, and partners, from and against anyand all claims, demands, legal proceedings, actions, or applications (includingcosts on an attorney-and-own-client scale, tracing fees, and other relatedexpenses), initiated by any third party and arising out of or in connectionwith: (i) the Subscriber’s access to or use of the SAKEwinkel platform; (ii)any breach of these Terms by the Subscriber; or (iii) any infringement oralleged infringement by the Subscriber, or any third party using theSubscriber’s account, of any intellectual property right or other rights of anyperson or entity.
11.2. The Subscriber furtheragrees to indemnify and hold harmless SAKEwinkel, its shareholders, directors,officers, employees, affiliates, and partners from and against any and alldirect or indirect losses, liabilities, claims, damages, or expenses (includingreasonable legal costs) arising from or relating to the Subscriber’s use of theplatform and/or any breach of these Terms and Conditions.
11.3. The provisions of thisclause shall survive the termination, cancellation, or expiration of theseTerms for any reason whatsoever.
12. FINAL PROVISIONS
12.1. The legal relationshipbetween the Subscriber and SAKEwinkel arising from the use of the SAKEwinkelplatform shall be governed and interpreted in accordance with the laws of theRepublic of South Africa.
12.2. These Terms andConditions shall become binding and effective upon acceptance by the Subscriberand shall remain in force for the duration of the legal relationship betweenthe Subscriber and SAKEwinkel, unless terminated in accordance with theprovisions contained herein.
12.3. All communications,notices, and exchanges of information between the Subscriber and SAKEwinkelshall be conducted electronically and directed to support@sakewinkel.co.za,unless otherwise stated.
12.4. The relationshipbetween the parties is governed solely by these Terms and Conditions. Nothingcontained herein shall be construed as creating any partnership, joint venture,agency, employment, fiduciary, or other similar relationship between the parties.Neither party shall have authority to bind or obligate the other in any mannerwhatsoever. SAKEwinkel merely provides a software platform as a service, andany interaction, engagement, or transaction between Subscribers facilitated bythe platform occurs independently and privately between those parties, withoutliability or involvement on the part of SAKEwinkel.
12.5. Neither party shall beliable for any failure or delay in the performance of its obligations underthese Terms if and to the extent such failure or delay is caused bycircumstances beyond its reasonable control, including but not limited to actsof God, war, political unrest, civil commotion, electrical failures or surges,legal prohibitions, epidemics, pandemics, government-imposed lockdowns, fire,flood, or similar natural disasters. In such event, the affected obligationsshall be suspended for the duration of such circumstances, provided that theaffected party shall use reasonable commercial efforts to mitigate the delay orfailure.
12.6. No indulgence,extension of time, waiver, or relaxation granted by SAKEwinkel to theSubscriber shall constitute a waiver of any of SAKEwinkel’s rights under theseTerms, nor shall it prevent the subsequent enforcement of any such rights.
12.7. Words importing thesingular shall include the plural and vice versa; words importing any onegender shall include the other genders; and words importing natural personsshall include legal entities, including corporations, partnerships, and trusts,and vice versa.
12.8. The headings used inthese Terms are inserted for reference and convenience only and shall notaffect the interpretation or construction of any of the provisions containedherein.
