LAST UPDATED: October 2026

PART A: NATURE OF THE ZONKE PLATFORM & DISCLAIMER OF NON-LIABILITY

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. Limitation of Liability

To the maximum extent permitted by South African law (including the Consumer Protection Act and Electronic Communications and Transactions Act), 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.

PART B: PROTECTION OF PERSONAL INFORMATION ACT (POPIA) PRIVACY NOTICE

1. Introduction and Commitment to Privacy

Zonke respects the privacy of all users, including wholesalers, sales agents, and buyers. This Privacy Notice explains how we collect, use, store, disclose, and protect your Personal Information in compliance with the Protection of Personal Information Act, No. 4 of 2013 (POPIA).

2. Information We Collect

We may collect and process the following categories of Personal Information:

  • Identity and Contact Data: Full names, registration numbers, ID numbers, email addresses, physical addresses, and telephone numbers.
  • Financial and Transactional Data: Banking details, VAT numbers, commission records, and payout history required for facilitating business between wholesalers and agents.
  • Technical and Usage Data: IP addresses, browser types, login details, and platform usage statistics collected via cookies and digital tracking.

3. Purpose of Processing Personal Information

In accordance with POPIA, Zonke processes Personal Information only for lawful and specific purposes, including:

  • Facilitating the connection and communication between wholesalers and independent sales agents across South Africa.
  • Managing user accounts, registration, verification, and profile administration.
  • Processing commission calculations, payment routing, and platform analytics.
  • Complying with legal, tax, and regulatory obligations under South African law.
  • Sending platform updates, operational notices, and promotional communications (with your consent where required).

4. Disclosure and Sharing of Information

Zonke does not sell your Personal Information. We may share relevant information strictly on a need-to-know basis with:

  • Participating Wholesalers and Agents: To facilitate business transactions, orders, and commission tracking.
  • Service Providers: Third-party cloud hosting, payment gateway partners, IT support, and legal/financial advisors bound by confidentiality obligations.
  • Regulatory Authorities: When required by law, court order, or South African regulatory bodies.

5. Data Security and Retention

  • Security Safeguards: We implement strict technical, organizational, and physical security measures to protect Personal Information against loss, unauthorized access, destruction, or unauthorized disclosure.
  • Retention: Personal Information is retained only for as long as necessary to fulfill the purposes outlined in this policy, or as required by applicable South African financial and legal retention periods.

6. Your Rights Under POPIA

As a data subject under POPIA, you have the right to:

  • Access: Request a copy of the Personal Information we hold about you.
  • Correction: Request correction or updating of inaccurate, irrelevant, or outdated personal data.
  • Deletion: Request the deletion or destruction of personal data where Zonke no longer has authorization to retain it.
  • Objection: Object to the processing of your Personal Information on reasonable grounds.
  • Complaints: Lodge a complaint with the Information Regulator of South Africa if you believe your privacy rights have been infringed.

7. Contact and Information Officer

For any queries, requests, or complaints regarding your Personal Information or POPIA compliance, please contact our designated Information Officer via the Zonke platform support portal.

GOVERNING LAW

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