LAST UPDATED: October 2026

1. NATURE OF THE ZONKE PLATFORM

Zonke is strictly a technology platform and digital marketplace that connects independent sales agents (“Agents”) with third-party wholesalers, suppliers, and manufacturers (“Wholesalers”).

Zonke does not manufacture, store, warehouse, handle, package, own, buy, sell, or take physical or legal possession of any products displayed, marketed, or transacted through the platform. All transactions, orders, and sales facilitated via Zonke are direct arrangements between the participating Wholesaler and the buyer, with assistance from independent Sales Agents.

2. DISCLAIMER OF PRODUCT LIABILITY AND WARRANTY

Because Zonke does not hold, inspect, or manage any inventory:

  • No Quality Control or Warranties: Zonke makes no representations, warranties, or guarantees—express or implied—regarding the quality, safety, merchantability, legality, or fitness for a particular purpose of any products listed on the platform.
  • Wholesaler Responsibility: All product descriptions, pricing, stock availability, warranties, and fulfillments are the sole responsibility of the respective Wholesaler. Any defects, damages, safety issues, or non-compliance related to products must be addressed directly with the supplying Wholesaler or manufacturer.
  • Release of Liability: Users (including buyers, agents, and wholesalers) explicitly release Zonke, its directors, employees, and affiliates from any liability arising from product defects, delivery delays, damages, injuries, or losses associated with any item purchased or distributed through the platform.

3. INDEPENDENT STATUS OF SALES AGENTS

  • Not Employees or Agents of Zonke: Sales agents operating on the Zonke platform are independent contractors and micro-entrepreneurs. They are not employees, legal representatives, or formal agents of Zonke.
  • No Authority to Bind: Sales agents have no authority to bind Zonke to any contract, representation, or obligation. Zonke is not responsible for the actions, representations, omissions, or conduct of any Sales Agent.

4. TRANSACTION AND FULFILLMENT RISK

  • Fulfillment & Logistics: Zonke is not responsible for shipping, delivery logistics, customs clearance, returns, refunds, or payment settlements between Wholesalers, Agents, and buyers, except where explicitly stated as a payment-routing service provider.
  • Financial Risk: Wholesalers and Agents assume all commercial, credit, and operational risks associated with deals brokered through the platform. Zonke does not guarantee payment collection from buyers or commission payouts from wholesalers in the event of default or disputes.

5. PROTECTION OF PERSONAL INFORMATION ACT (POPIA) COMPLIANCE & PRIVACY DISCLAIMER

  • Processing of Personal Information: Zonke collects, processes, stores, and shares personal information (including names, contact details, identification numbers, financial and banking details, and transactional history) solely for the purpose of facilitating connections between wholesalers and sales agents, operating the marketplace, and ensuring platform security.
  • Lawful Processing: Zonke commits to processing all personal information in accordance with the Protection of Personal Information Act No. 4 of 2013 (POPIA). By using the platform, users consent to the collection and processing of their personal information as necessary for platform functionality.
  • Third-Party Data Sharing: Users acknowledge and agree that certain personal and transactional details (such as contact information and order details) must be shared between participating Wholesalers and Sales Agents to fulfill orders and process commissions. Zonke is not responsible for the privacy practices, data protection compliance, or security measures of independent wholesalers, agents, or third-party service providers.
  • Data Security & Breaches: While Zonke implements reasonable technical and organizational security measures to protect user data against unauthorized access, loss, or alteration, users acknowledge that absolute security cannot be guaranteed over the internet. Zonke shall not be held liable for unauthorized data access resulting from third-party breaches beyond reasonable control.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by South African law (including the Consumer Protection Act, Electronic Communications and Transactions Act, and POPIA), Zonke shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages—including loss of profits, data, or business opportunities—arising out of or in connection with the use of the platform, products purchased, or services rendered by third parties.

7. GOVERNING LAW

This Disclaimer shall be governed by and construed in accordance with the laws of the Republic of South Africa.