Intellectual Property and Copyright Disclaimer

SportsKit operates as an online marketplace that enables independent sellers, brands, businesses, and individuals (“Sellers”) to list and sell their own products. SportsKit does not manufacture, design, commission, or verify the ownership of the intellectual property associated with products listed by Sellers.

Seller Responsibility

By listing any product on SportsKit, each Seller represents and warrants that:

They own all necessary intellectual property rights relating to the products, including but not limited to copyrights, trademarks, registered or unregistered designs, patents, trade dress, and any other proprietary rights; or
They have obtained all necessary licences, permissions, authorisations, and consents from the lawful rights holder(s) to reproduce, manufacture, market, distribute, and sell the products.

The Seller accepts full legal responsibility for ensuring that all products, artwork, designs, logos, graphics, photographs, text, and other content uploaded to or offered through SportsKit do not infringe the intellectual property or other legal rights of any third party.

No Responsibility for Third-Party Infringement

SportsKit acts solely as an intermediary marketplace and does not independently verify the legality, ownership, authenticity, or licensing status of products or content submitted by Sellers.

To the fullest extent permitted under the laws of the Republic of South Africa and applicable international law, SportsKit, its owners, directors, employees, agents, and affiliates shall not be liable for any copyright infringement, trademark infringement, design infringement, patent infringement, passing off, or any other infringement of intellectual property rights arising from products or content listed by Sellers.

Any legal claims, disputes, damages, costs, or liabilities arising from alleged infringement shall be the sole responsibility of the Seller who listed the relevant product.

Indemnity

Each Seller agrees to indemnify, defend, and hold harmless SportsKit, its owners, directors, employees, contractors, agents, successors, and affiliates against any and all claims, demands, actions, proceedings, damages, losses, liabilities, penalties, costs, and expenses (including reasonable legal costs on an attorney-and-client scale where permitted by law) arising from or relating to:

Any alleged or actual infringement of copyright, trademarks, registered designs, patents, trade secrets, or other intellectual property rights;
Any breach of this disclaimer or the Seller’s warranties;
Any false or misleading representation regarding ownership or licensing of products or content; or
Any unlawful or unauthorised use of another party’s intellectual property.

Compliance with Applicable Laws

Sellers are solely responsible for ensuring that all products and content comply with:

The Copyright Act, 1978 (South Africa), as amended;
The Trade Marks Act, 1993 (South Africa);
The Designs Act, 1993 (South Africa);
The Electronic Communications and Transactions Act, 2002 (“ECTA”);
The Consumer Protection Act, 2008, where applicable;
Any other applicable South African legislation; and
Any applicable international intellectual property laws, treaties, conventions, and regulations, including but not limited to the Berne Convention for the Protection of Literary and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and other applicable international legal frameworks.

Notice and Removal

SportsKit respects the intellectual property rights of others. If SportsKit receives a valid complaint or legal notice alleging that a listed product infringes the rights of another person or entity, SportsKit reserves the right, at its sole discretion and without prior notice, to remove or disable access to the relevant listing while the matter is investigated.

SportsKit also reserves the right to suspend or terminate Seller accounts that repeatedly or intentionally infringe the intellectual property rights of others.

No Legal Advice

Nothing contained on the SportsKit website constitutes legal advice. Sellers are responsible for obtaining independent legal advice regarding their intellectual property rights and compliance with applicable laws before listing products for sale.

Reservation of Rights

SportsKit reserves all rights available under applicable law to cooperate with rights holders, regulatory authorities, and law enforcement agencies in relation to alleged intellectual property infringements, and to disclose information where required by law or lawful legal process.

By listing products on SportsKit, the Seller acknowledges that they have read, understood, and agreed to this Intellectual Property and Copyright Disclaimer and accept full legal responsibility for all content and products they make available through the SportsKit marketplace.