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ANNEXURE A: PRIVACY POLICY

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY WHEN PURCHASING, USING OR ACCESSING THE WEBSITE OR PURCHASING GOODS FROM SAPMOK PROPRIETARY LIMITED (Registration number: 2015/402242/07) (“Sapmok”, “Us”, “We” “Our”).

 

1. INTRODUCTION

1.1. Our website, www.sapmok.com (the “Website”), is owned and operated by Sapmok and offers you a convenient way to shop online for a wide variety of goods, including clothing, apparel, shoes, belts, caps, jackets, shirts, socks, and more (collectively, the “Goods”).

 

1.2. These Commercial Terms govern the ordering, sale, and delivery of the Goods and the use of the Website. By accessing or using this Website and purchasing Goods, you agree to be bound by these Commercial Terms, which are binding and enforceable against every person that uses or accesses this Website and purchases Goods (“you”, “your” or “user”).

 

1.3. Please note that by completing the electronic acceptance process, clicking the “Submit” or “Accept” or “Buy” buttons, using any of the services, or otherwise indicating acceptance of these terms, you represent and warrant that: (i) you are authorized to bind yourself and any other party on whose behalf you use the Website; and (ii) you agree to be bound by all of these terms, including the disclaimer of warranty and limitation of liability sections set forth below, to the exclusion of any other rights and obligations.

 

1.4. We value your business and strive to provide you with a smooth shopping experience. If you have any questions or concerns, please feel free to contact us at [insert contact information]. Thank you for choosing Sapmok!

 

2. IMPORTANT NOTICE

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008.

2.2. These Terms and Conditions are divided into three sections, as follows:

2.2.1. Commercial Terms;
2.2.2. Annexure A – Privacy Policy; and
2.2.3. Annexure B – Browser Terms.
 

3. BUYING FROM US

3.1. Placing an Order – You may place orders for the Goods, and we reserve the right to accept or reject any order based on the availability of the Goods, correctness of the information relating to the Goods (including without limitation the price), and receipt of payment or payment authorization by us for the Goods.

 

3.2. Order Acceptance – We will indicate the acceptance of your order by delivering the Goods to you. Only at that point will a commercial agreement between you and us come into effect. We reserve the right to cancel any order before it is dispatched.

 

3.3. Availability of Goods – You acknowledge that stock of all Goods on offer is limited. We take all reasonable efforts to monitor stock levels and ensure that when the stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. In case the Goods are no longer available after placing an order, we will notify you as soon as possible, and you will be entitled to a refund of the amount paid by you for such Goods. We will not be liable for any damages arising out of non-availability of Goods.

 

4. PAYMENTS

4.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

4.2. The following payment methods are accepted and available:

4.2.1. In store cash purchases;
4.2.2. In store Yoco point-of-sale system;
4.2.3. In store – pay on collection;
4.2.4. Online EFT;
4.2.5. Credit cards; and
4.2.6. Debit cards.
 

5. DELIVERY

5.1. Delivery Method – We offer delivery of Goods to you via courier, and the cost of delivery will be charged in addition to the actual retail cost of the Goods purchased. Delivery fees may vary depending on the delivery location.

 

5.2. Additional Fees – Some items, such as heavy or large items based on volumetric weight, may carry additional delivery fees. These additional fees will be included in the delivery cost upon checkout.

 

5.3. Delivery Timeframe – We will deliver the Goods to you as soon as reasonably possible but no later than 30 (thirty) days of receipt of your payment (the “Delivery Period”). In the unlikely event that we are unable to deliver the Goods during the Delivery Period, we will notify you as soon as possible. You will then have 7 (seven) days from receiving the notification to decide whether to cancel your order for the Goods. If you choose to cancel your order, we will reimburse you for the purchase price.

We strive to provide timely and efficient delivery of our Goods to our customers. However, please note that delivery times may vary depending on the delivery location and other factors outside of our control.

 

5.4 SAPMOK will not be liable for any damage or lost goods during shipment.
• 5.4.1. You have the option to get insurance on a shipment as an additional charge. You can request a quote from us that we will send to you for approval and payment.
• 5.4.2. If you choose to get insurance, it is your responsibility to file a claim with the courier in case of any damage or lost orders during shipment. Sapmok will provide you with any necessary information and support to assist you with the claim, but we will not be held responsible for any claims, damages, or losses resulting from shipment.

 

6. CANCELLATION

6.1. Order Cancellation – You have the right to cancel your order within 5 (five) days from the date of submitting the order. If you wish to cancel an order, please notify us in writing as soon as possible.

 

6.2. Refunds – If you cancel an order in accordance with clause 6.1, we will reimburse you for the purchase price of the Goods. However, please note that any delivery fees paid by you will not be refunded.

 

6.3. Returns – If you have already received the Goods, please refer to our returns policy for information on how to return the Goods to us.

 

7. REFUNDS

7.1. We agree to accept returns and issue refunds for Goods under the following conditions:

     7.1.1. The Goods have manufacturing defects.

     7.1.2. The Goods received are of incorrect size.

     7.1.3. The Goods received are of incorrect color.

     7.1.4. The Goods are returned within 14 days of delivery.

 

7.2. The refund is subject to us receiving the returned Goods in the same condition as dispatched and as purchased.

 

7.3. If the incorrect size or color was ordered due to your fault, you will be responsible for the return courier costs.

 

7.4. We will make every reasonable effort to accurately reflect the description, availability, purchase price, and delivery charges of Goods on the Website. However, if there are any errors on the Website that are not due to our gross negligence, we will not be liable for any loss, claim, or expense related to a transaction based on any error. In such cases, our liability will be limited to refunding you for any amount already paid, or as set out in the returns policy.

 

7.5. We reserve the right to inspect the returned Goods and to determine whether they are eligible for a refund. If we determine that the Goods have been used or damaged, we reserve the right to reject the return and withhold any refund.

 

8. Exchange Policy

  1. All exchanges must be made within 14 days of receiving the product.
  2. To initiate an exchange, please fill out the form located on our Exchanges page. If you experience any difficulties with the form, please contact our customer service team at info@sapmok.com.
  3. Sapmok reserves the right to refuse any exchange request that does not meet our conditions for exchange.
  4. Exchanges can only be made for products of equal or lesser value than the original purchase. If the desired exchange product is of greater value, the customer will be responsible for paying the difference.
  5. Sapmok is not responsible for lost or damaged products during the exchange process. Therefore, we strongly recommend that you use a trackable shipping service or purchase shipping insurance to protect your product during the return shipping process.
  6. Once we receive your returned shoes, we will inspect them to ensure they are in their original condition. If the shoes meet our exchange policy requirements, we will issue a store credit for the original purchase price of the shoes. This store credit can be used to purchase a different pair of shoes from our online store.
  7. Please note that we do not offer refunds for exchanged shoes. Our exchange policy only applies to shoes that are in their original condition, with all tags and packaging intact.
  8. If you receive a defective or damaged pair of shoes, please contact our customer service team immediately at info@sapmok.com. We will work with you to ensure a satisfactory resolution.

 

Refunds and Exchanges for International Sales with Processed Overseas Shipments:
For international orders where shipments have already been processed, customers will be responsible for covering the costs associated with returning the product for a refund or exchange. This includes shipping fees, customs duties, and any other expenses incurred during the return process. Please note that this policy applies to all international orders once the shipment has been dispatched and cannot be waived or altered.

 

We agree to accept returns and issue refunds for Goods under the following conditions:

1. The Goods have manufacturing defects.

2. The Goods received are of incorrect size.

3. The Goods received are of incorrect color.

4. The Goods are returned within 14 days of delivery.

The refund is subject to us receiving the returned Goods in the same condition as dispatched and as purchased.

 

If the incorrect size or color was ordered due to your fault, you will be responsible for the return courier costs.

 

We will make every reasonable effort to accurately reflect the description, availability, purchase price, and delivery charges of Goods on the Website. However, if there are any errors on the Website that are not due to our gross negligence, we will not be liable for any loss, claim, or expense related to a transaction based on any error. In such cases, our liability will be limited to refunding you for any amount already paid, or as set out in the returns policy.

 

We reserve the right to inspect the returned Goods and to determine whether they are eligible for a refund. If we determine that the Goods have been used or damaged, we reserve the right to reject the return and withhold any refund.

9. COUPONS

9.1. From time to time, we may make electronic gift vouchers and electronic promotional coupons available for use on the Website towards the purchase of Sapmok Goods. Details of these vouchers will be published on our Website, and will be supplemented with our applicable voucher policies.

 

9.2. Unless specified otherwise on the specific Coupon itself, the following rules apply:

  • Each Coupon can only be used once.
  • Only one Coupon can be used per order.
  • Only one Coupon can be used on the website per person per promotion/campaign.
  • A Coupon must be used at check-out – it cannot be used later on existing orders.
  • The value of the Coupon will be set off against the value of your shopping basket, and the balance remaining, if any, will be payable by you.

 

10. Gift Cards

  • Your gift card will be activated with a rand amount selected by you.
  • If your gift card is lost or stolen, you will lose all funds in your card. If your gift card is stolen, please report it to info@sapmok.com.
  • This gift card may not be refunded or exchanged for cash or credit.
  • This gift card can only be redeemed at Sapmok stand-alone stores or online at www.sapmok.com.
  • Gift cards cannot be redeemed after their expiry date, which is one year from the date of purchase.
  • The unused balance will remain on the gift card and may be applied to future purchases. No change will be available.
  • We will not accept any liability for lost, stolen or damaged gift cards or for any remaining balance on the gift card.

 

    10.1 Gift cARDS ISSUED BY SAPMOK AS SPONSORSHIP

Please take note of the following terms and conditions:

  1. The gift voucher is valid for a period of one year from the date of purchase.
    The gift voucher is non-refundable and cannot be exchanged for cash.
  2. The gift voucher can only be redeemed at Sapmok.
  3. Gift vouchers valued below R700 have a minimum spend of R1000 unless specified otherwise.
  4. Gift vouchers cannot be used in conjunction with any other discounts, promotions or other coupons.

11. Competition Terms and Conditions:

  1. Eligibility: This competition is open to all residents of South Africa who are 18 years or older. Employees of Sapmok and their immediate family members are not eligible to participate.

  2. Entry: To enter the competition, participants must follow the entry instructions as stated on the competition announcement. All entries must be received by the specified closing date and time.

  3. Winner Selection: The winner(s) will be selected randomly from all eligible entries. However, if less than 10 people enter the competition, no winner will be selected. If the prize value is over R5000, more than 20 people need to enter for a winner to be selected.

  4. Prize: The prize will be as stated on the competition announcement. The prize is non-transferable and cannot be exchanged for cash or any other prize.

  5. Notification: The winner(s) will be notified by email, phone or direct message within 5 business days of the closing date. If the winner(s) do not respond within 10 business days, the prize may be forfeited, and a new winner(s) will be selected.

  6. Publicity: The winner(s) agree to participate in any promotional activity related to the competition. By entering the competition, the winner(s) consent to the use of their name, photograph, and likeness for advertising and promotional purposes without additional compensation, except where prohibited by law.

  7. Liability: Sapmok and its affiliates, subsidiaries, officers, directors, agents, and employees shall not be liable for any loss, damage, injury, or death arising from the use or misuse of the prize.

  8. Disqualification: Sapmok reserves the right to disqualify any entry that does not comply with these terms and conditions or that is deemed to be inappropriate or offensive.

  9. Amendments: Sapmok reserves the right to amend these terms and conditions at any time without prior notice.

  10. Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of South Africa.

By entering the competition, the participant agrees to be bound by these terms and conditions.

 

 

12. WARRANTIES AND DISCLAIMER

12.5. Except as expressly set out in these Commercial Terms, we make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

 

12.6. We do not warrant that the Website, its servers, or email sent from us are free of viruses or other harmful components.

 

12.7. You expressly agree that your use of the Website is at your sole risk. We will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

12.8. We reserve the right to modify or discontinue the Website or any portion thereof without notice to you.

 

12.9. We do not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

 

13. LIMITATION OF LIABILITY

We will not, under any circumstances, be liable to you for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which you may sustain or suffer (or with which you may be threatened) as the result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of these Commercial Terms or in the course of the discharge or exercise by the parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of this Commercial Terms or the termination of these terms for any reason, in excess of the amount recoverable under our professional indemnity insurance policy.

 

14. NO CONSEQUENTIAL LOSSES

Under no circumstances whatsoever shall either of us be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss or damage was actually foreseen or reasonably foreseeable), including but not limited to any loss of commercial opportunities or loss of profits, and whether as a result of negligent (including grossly negligent) acts or omissions of such party or its servants, agents or contractors or other persons for whose actions such party may otherwise be liable in law.

 

14. INDEMNITY

You hereby indemnify and hold harmless us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time) against any claim by any third party for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive or exemplary loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, from any information furnished by you which is published on our Website, use our Website, purchase of Goods or arising from any breach of any of any obligations or duties under these Commercial Terms.

 

15. BREACH

Should a party (“the Defaulting Party”): breach any of the terms and conditions of these commercial terms, then the other party (“the Aggrieved Party”) shall be entitled forthwith where the Defaulting Party has failed to remedy such breach within a period of 14 (fourteen) days after receipt of written notice by the Aggrieved Party requiring it to do so, to claim specific performance or to cancel this Commercial Terms by written notice to that effect given to the Defaulting Party, either of which shall be without prejudice to any other rights which the Aggrieved Party may have at law.

 

16. ARBITRATION

16.1. Other than in respect of those provisions of this Commercial Terms which provide for their own remedies or should such process be unsuccessful, or the outcome is non-binding, either party may refer the matter to arbitration to be held in terms of this clause 14.

16.2. The arbitration shall be held in Pretoria in accordance with the provisions of the Arbitration Foundation of South Africa (“AFSA”) and:

16.2.1. the arbitration shall be informal; and

16.2.2.  the Arbitrator shall have the discretion to determine the procedure to be adopted at the arbitrational hearing.

16.3.The appointment of the Arbitrator will be agreed upon between the Parties, but failing Commercial Terms between them within a period of 14 (fourteen) days after the arbitration has been requested, any of the Parties shall be entitled to request the President for the time being of the Law Society of the Northern Provinces, whom failing, the chief executive officer/s of the Law Society of South Africa, to make the appointment and who, in making his appointment, will have regard to the nature of the dispute.

16.4. The decision of the Arbitrator shall be final and binding and shall not be subject to appeal.

16.5. The Parties acknowledge and agree that the provisions of this clause shall not preclude any of them from proceeding against any of the other of them in any court of competent jurisdiction where relief is being sought on an urgent and interim basis.

 

17. FORCE MAJEURE

17.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquakes, labour disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.

17.2. The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party’s performance, provided that if such period exceeds 60 (sixty) days, then either party shall be entitled to terminate this Commercial Terms immediately on written notice while the party’s performance continues to be prevented

 

18. Clearance Sale

1.All products sold during the clearance sale are reject stock, which may include mismatched pairs, older stock, and discontinued leathers.

2. No exchanges or refunds will be accepted on items sold during the clearance sale.

3. It is the responsibility of the customer to carefully inspect items before making a purchase.

4. Sapmok will not be held responsible for any misunderstandings regarding the condition or description of products sold during the clearance sale.

5. It is the customers responsibility to check the engraving and ensure that it meets their requirements. The product is not marked or indicated in any other way to draw attention to the specific engraving.

6. Sapmok reserves the right to refuse service or sale to any customer.

7. All products sold during the clearance sale are sold as is, without any warranties or guarantees.

8. Sapmok reserves the right to make changes to these Terms and Conditions without prior notice.

9. By participating in the Sapmok clearance sale, customers agree to these Terms and Conditions.

11. The clearance sale is not related to Sapmok’s current advertised products or stock. The items sold during the clearance sale are reject stock, which may differ in quality, design, and brand from Sapmok’s regular products.

10. These Terms and Conditions are in addition to Sapmok’s general Terms and Conditions and Privacy Policy.

 

If you have any questions or concerns about these terms and conditions, please contact us before making a purchase.

 

19. GENERAL

19.1. No relaxation, indulgence or concession granted by any party to the other(s) in respect of any of its obligations hereunder shall constitute a novation of any part of this Commercial Terms nor otherwise prejudice, derogate from, or affect, any rights which the party granting the relaxation, indulgence or concession may have against the party(ies) in whose favour such grant shall have been made.

19.2. No variation of, or addition or agreed cancellation to this Commercial Terms shall be of any force or effect unless it is reduced to writing and signed by or on behalf of the parties.

19.3. Governing law: These Commercial Terms shall be interpreted and governed in all aspects in accordance to the laws of the Republic of South Africa.

19.4. Jurisdiction: We both consent to the jurisdiction of the Gauteng High Court in Pretoria in respect of any matter flowing from these Commercial Terms.

19.5. Good faith: We both agree to display good faith.

19.6. Address for service: any notice, approval, request, authorisation, direction, or other communication under these terms shall be given in writing, directed to the address that can be found on our Website and the addresses provided to us by you during registration, and shall be deemed to have been delivered and given for all purposes:

19.6.1. on the delivery date if delivered by email;
19.6.2. on the delivery date if delivered personally to the Party to whom the same is directed;
19.6.3. 1 (one) business day after deposit with a commercial overnight carrier with written verification of receipt; or

19.6.4. 5 (five) business days after the mailing date whether or not actually received, if sent by registered or recorded delivery post or any other means of rapid mail delivery for which a receipt is available to the contact at the address of the Party to whom the same is directed.

19.7.Whole Commercial Terms: these Commercial Terms, together with the Browser Terms and Privacy Policy sets forth the entire Commercial Terms and supersedes all prior or contemporaneous Commercial Terms and representations, written or oral, between us with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations.

 

20. Embossing and Engraving

Thank you for choosing Sapmok for your embossing and engraving needs. Before placing an order for embossing or laser engraving on our shoes, please carefully review the following terms and conditions. By proceeding with your order, you agree to comply with these policies.

 
Engraving Process:

a. Sapmok does not perform engraving in-house. We collaborate with our trusted laser engraving partners for this service.
b. Engraving can only be done on the sides of the shoes. Other areas may not be available for engraving except if you place a bulk order if 20 pair or more.
c. The design and placement of the engraving will be as per the instructions provided by the customer during the order placement.
Embossing Process:
a. Embossing is available exclusively for wholesale orders.
b. To qualify for embossing, a minimum order of 20 pairs of shoes is required.
c. Wholesale customers can choose the placement of the embossing on the shoes as desired.

Lead Time:

a. Bulk orders requiring embossing or engraving may have a lead time. The specific lead time will be communicated to you by your assigned account manager.
b. The lead time typically ranges from 4 to 8 weeks, depending on the current workload and availability of materials.
c. Sapmok will strive to complete your order within the specified lead time, but please note that it may be subject to change due to unforeseen circumstances.

Account Manager:

a. Each wholesale customer will be assigned an account manager who will be responsible for coordinating the embossing and engraving process.
b. Your account manager will provide you with the necessary information, including lead time, updates, and any disclaimers related to your bulk order.
Order Modifications and Cancellations:
a. Once an order for embossing or engraving has been placed, modifications or cancellations may not be possible.
b. It is crucial to review and confirm all details, including design, placement, and quantity, before placing your order.
Returns and Refunds:
a. Embossed or laser-engraved shoes are considered personalised items and, therefore, cannot be returned or exchanged unless they are damaged or defective upon arrival.
b. In the case of a damaged or defective product, please contact our customer support team within 7 days of receiving your order to initiate the return or exchange process.
Please note that these policies are subject to change without prior notice. It is recommended to review the terms and conditions periodically for any updates.

If you have any questions or require further clarification regarding our embossing and engraving policies, please contact our customer support team, and we will be happy to assist you.

 

ANNEXURE B: BROWSER TERMS

Please read these Browser Terms (“Browser Terms”) carefully before using or browsing the www.sapmok.com website (the “Website”) operated by Sapmok. (“us”, “we”, or “our”).

 

1. BROWSER TERMS

What are these Browser Terms?

1.1. These are the Terms that regulate your use of our Website, and our relationship with you (“You”). They create a legally binding contract between us, as soon as they apply.

1.2. This is not an exhaustive list, but these Browser Terms apply when you browse, use, ‘surf’, share, post and or comment on our Website.

 

2. THE GOAL OF THESE BROWSER TERMS

2.1. We will have no obligations to you whatsoever and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website. You should not act in a way that relies on any information on our Website. You use our Website at your own risk.

 

3. OUR WEBSITE

3.1. Our Website is found at sapmok.com

 

4. WHEN DO THESE TERMS APPLY?

4.1. These Browser Terms will apply if you access or use our Website. Don’t use our Website if you don’t absolutely agree to these Browser Terms, as you can only use our Website on these Browser Terms.

5.PRIVACY POLICY AND COMMERCIAL TERMS

5.1. There are other terms that are applicable to your use of our Website. A privacy policy can be found at https://sapmok.com/pages/privacy-policy on our Website. Additional terms become applicable when you purchase products through our Website (“Commercial Terms” found at https://sapmok.com/pages/terms-conditions. 

5.2. If there is a conflict between these Terms and the Commercial Terms, the Commercial Terms will apply.

 

6. CHANGES TO OUR WEBSITE AND/OR THESE TERMS

6.1. We have the sole and unfettered right (as far as the law allows) to suspend, change or add to our Website, and to change or add to any of these Browser Terms and such changes will apply as soon as they are made.

 

7. USE OF OUR WEBSITE

7.1. You may not:

7.1.1. distribute any content from our Website without our prior consent;

7.1.2. use any technology, including but not limited to crawlers and spiders, to search our Website or obtain information from our Website;

7.1.3. copy our Website or any pages;

7.1.4. link to our Website in a manner other than through the homepage; or

7.1.5. deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.

 

8. INTELLECTUAL PROPERTY

8.1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Website or any products sold by us, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)’ property and will remain our or the owner’s property at all times.

8.2. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Website.

 

9. LIMITED LIABILITY

For purposes of clarity:

9.1. we will not be liable to you for any loss caused using our Website or your liability to any third party arising from those subjects. This includes:

9.1.1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any of its components;

9.1.2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website; and

9.1.3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website and/or third-party systems or programming defects;

 

10. INDEMNITY

You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Browser Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.

 

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1. The content of these Browser Terms is governed by South African law, including the Website and any interaction you may have with the Website regardless of what country you are based in, or the country where you access the Website or the country where you receive or use our Services.

11.2. If we ever have a dispute, then you agree that the High Court of South Africa (Gauteng Division, Pretoria) will have sole jurisdiction to consider our dispute, applying these Terms and South African law.

 

12. CONTACT INFORMATION

12.1. Please email us at info@sapmok.com for any enquiries about our Website.

13. DISCLOSURE IN TERMS OF SECTION 43 OF ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002

13.1. Site owner: Sapmok Proprietary Limited (trading as “Sapmok”), registration number 2015/402242/07.

13.2. Legal status: Sapmok is a South African private limited liability company.

13.3. Description of main business of Sapmok: Sapmok is a modern Africa adventure brand, selling clothing and apparel. Products such as shoes, belts, caps, jackets, shirts, socks etc.

13.4. Email address: info@sapmok.com

13.5. Website address: https://sapmok.com/

13.6. Physical address: 69 Thomas Edison, Menlo Park, Pretoria, 0081.

13.7. Postal address: 69 Thomas Edison, Menlo Park, Pretoria, 0081.

13.8. Registered address: 69 Thomas Edison, Menlo Park, Pretoria, 0081.

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