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Akani Discount Partner Terms of Service

Effective Date: 14 July 2025
Issued by: Akco (Pty) Ltd & Sono Akani Ventures (Pty) Ltd

 

AGREEMENT

These Terms of Service (“Terms”) constitute a binding agreement between the applicant supplier (“the Supplier”) and Sono Akani Ventures (Pty) Ltd (“the Company”), regulating the Supplier’s participation in the Akani Discount Programme (“the Programme”). By completing the online or written registration process, or by submitting any form of acceptance (whether digital or handwritten), the Supplier accepts and agrees to be bound by these Terms, which shall have the same force and effect as a written and signed agreement. If the Supplier is acting on behalf of a legal entity, the individual accepting these Terms warrants that they have full legal authority to bind the entity to these Terms.

 

APPOINTMENT & PARTICIPATION

The Supplier is hereby authorised to participate as a discount provider to Programme Members, subject to continued compliance with these Terms. The Supplier's appointment is non-exclusive and revocable at any time at the Company’s discretion, with or without cause, subject to Clause the Supplier acknowledges that no partnership, agency, franchise, joint venture, or employment relationship is created through participation in the Programme.

 

SUPPLIER OBLIGATIONS

The Supplier shall:

  • Provide a discount, rebate, or value-added benefit to Programme Members in accordance with the listing submitted and approved by the Company;

  • Ensure that all claims, advertisements, and offers made to Members are truthful, lawful, and do not infringe any intellectual property or consumer rights;

  • Honour any representations made to Members for the entire duration of the listing period unless modified with proper notice per Clause 10;

  • Promptly notify the Company in writing of any material change in address, offer details, trading name, business status, or contact information;

  • Maintain sufficient capacity and operational standards to fulfil the discounts or benefits offered to Members without discrimination or delay;

  • Accept that failure to provide promised discounts, or repeated complaints from Members, may result in suspension or termination of participation at the Company’s sole discretion.

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COMPANY RIGHTS AND DISCLAIMERS

The Company retains full discretion over the design, layout, order, visibility, and removal of any Supplier listing on its platforms or promotional material. The Company reserves the right to reject or remove any Supplier whose business it considers to be unlawful, unethical, misleading, reputationally damaging, or contrary to the values of the Programme. The Company may communicate with third parties to verify claims, quality of service, and value delivered by the Supplier. The Company does not guarantee any specific level of customer acquisition, brand exposure, or sales volume. The Company may subcontract or assign marketing, hosting, and administrative functions relating to the Programme to third-party service providers.

 

INTELLECTUAL PROPERTY AND BRAND USE

The Supplier hereby grants the Company a non-exclusive, royalty-free, worldwide, revocable license to reproduce, publish, or display the Supplier’s name, logos, descriptions, pricing, promotional images, address, social-media and brand elements solely for the purposes of marketing or administering the Programme. The Supplier warrants that all materials submitted do not infringe any third-party intellectual property rights. Any use of the Akani name, logo, branding or material by the Supplier must be pre-approved in writing by the Company and used strictly within the limits of such approval.

 

VERIFICATION OF MEMBERS

The Supplier shall recognise as valid Programme Membership the following forms of identification:

  • Designated Physical Cards

  • Unique Member ID, barcode, or QR code issued by the Company;

  • Official email, SMS, or in-app communication from the Company confirming Membership.

The Supplier shall not unreasonably delay or deny a discount to a Member presenting valid proof of Membership.

 

SERVICE DELIVERY AND LEGAL COMPLIANCE

The Supplier is solely responsible for fulfilling its obligations to Members, including delivery of goods, service quality, compliance with warranties, and adherence to local health, safety, consumer, and labour laws. The Company shall bear no liability in respect of any claims, losses, injuries, or disputes arising between the Supplier and any Member. The Supplier indemnifies the Company from any and all claims, costs, fines, legal fees, or damages incurred as a result of its breach of applicable legislation, regulations, or these Terms.

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TAXATION AND LICENSING

The Supplier is fully responsible for its own tax affairs, including VAT registration (if applicable), income tax returns, employee contributions, and submission to SARS or any relevant authorities. The Supplier confirms that it holds and shall maintain any business, health, zoning or sector-specific licenses required to lawfully operate in its sector.

 

CHANGES TO OFFERING

The Supplier may revise or discontinue its discount or benefit.

The Company reserves the right to immediately remove or suspend the listing if:

  • The Supplier materially changes the offer without notice or use of the company’s systems;

  • The new terms are deemed misleading or unreasonably unfavorable to Members;

  • Reputational risk or legal risk is identified.

 

DATA PROTECTION & PRIVACY

The Company will process the Supplier’s data (including contact information, business description, and offer details) in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Data will be used for Programme administration, supplier communication, legal compliance, and reporting (in aggregated or anonymised form). The supplier grants the Company the right to share marketing related data with partners for Akani related services and promotional communication. The Supplier may request access to, or correction of, its data by contacting us. The company reserves the rights to use data permitted to share information as it relates to the Akani Programme.

 

LIMITATION OF LIABILITY

The Supplier expressly acknowledges and agrees that Sono Akani Ventures (Pty) Ltd, its operating entity AKCO, and all affiliated entities, directors, officers, shareholders, employees, contractors, agents, and partners (collectively, “Akani Parties”) shall not be liable under any circumstances for:

  • Any loss, damage, cost, expense, injury, liability, or claim (whether direct, indirect, incidental, consequential, or special);

  • Any legal proceedings, disputes, or lawsuits brought by any Member or third party;

  • Any reputational harm, financial loss, regulatory penalties, or operational disruptions;

  • Any failure, delay, breach, or defect in the Supplier’s goods, services, conduct, or representations.

This applies regardless of whether the Akani Parties were advised of the possibility of such damages, and regardless of the legal theory under which liability is alleged (including negligence, breach of contract, statutory breach, or otherwise).

The Supplier acknowledges that all commercial, contractual, and legal obligations to Programme Members arise exclusively between the Supplier and the Member. Akani is not a party to any sale, contract, promise, service, transaction, or warranty between the Supplier and any Member. The Akani Parties have no obligation to investigate, intervene in, or resolve any complaint, chargeback, claim, or dispute arising between the Supplier and a Member.

The Supplier shall fully indemnify, defend, and hold harmless the Akani Parties from and against any and all claims, liabilities, damages, penalties, losses, legal fees (on an attorney-and-own-client scale), costs, or demands arising directly or indirectly from:

  • The Supplier’s participation in the Akani Discount Programme;

  • Any representations, actions, omissions, or failures by the Supplier;

  • Any claim by a Member, regulator, or third party arising from goods, services, pricing, marketing, content, or conduct of the Supplier;

  • Any breach of law, regulation, or these Terms by the Supplier.

The Akani Parties provide no warranties, guarantees, or assurances — express or implied — relating to customer acquisition, revenue, Member traffic, or business performance. Participation in the Programme is entirely at the Supplier’s own risk.

 

TERMINATION

Either Party may terminate participation by giving at least seven (7) calendar days’ written notice.

The Company may terminate participation immediately without notice if the Supplier:

  • Engages in fraudulent, harmful, or illegal conduct;

  • Receives repeated or serious complaints;

  • Misrepresents or dishonours discounts;

  • Causes reputational risk or damage for the Company

  • Breaches any material clause in these Terms.

Upon termination, the Company shall remove the Supplier listing within a reasonable time, and the Supplier shall immediately cease to use any Programme-related branding or materials.

 

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the Magistrate’s Court, notwithstanding the quantum of the claim, unless escalated to the High Court at the election of the Company. Before initiating legal action, the Parties shall attempt to resolve the dispute through informal negotiations or mediation.

 

GENERAL PROVISIONS

These Terms constitute the entire agreement between the Parties regarding the subject matter and supersede all prior agreements or representations. The Company may amend these Terms at any time, and the updated version shall be binding upon publication on the official website or notice to the Supplier. No waiver, indulgence or relaxation of these Terms shall constitute a waiver of that provision or any other provisions unless reduced to writing. If any clause in these Terms is held to be unenforceable, it shall not affect the enforceability of the remaining provisions. By participating now and in future in the Akani Discounts Programme you agree to these Terms of Service as currently stipulated and as amended in future.

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