These Terms of Service ("Terms") govern access to and use of the Akterial website, platform and related services ("Akterial" or the "Platform").
Akterial is operated by Akterial (Pty) Ltd, registration number 2025/510662/07, a company registered in the Republic of South Africa ("Akterial", "we", "us" or "our").
By creating an account, accessing the Platform or using our services, you agree to these Terms.
1. What Akterial Does
Akterial is a digital material discovery, specification and sample-fulfilment platform designed primarily for professionals operating in architecture, interior design, construction and related industries.
The Platform enables eligible users to discover materials and products, review product information, request physical samples, interact with participating suppliers and use other specification-related services that Akterial may introduce from time to time.
Akterial also enables participating manufacturers and suppliers to make their materials and product information available to professional users.
2. Who May Use Akterial
Akterial is intended primarily for business and professional use.
Users must:
- be at least 18 years old;
- provide accurate and current information when registering;
- use the Platform for legitimate professional or business purposes; and
- comply with applicable South African law.
Akterial may verify professional or business information and may refuse, suspend or terminate access where reasonably necessary to protect the Platform, suppliers or other users.
3. User Accounts
You are responsible for maintaining the confidentiality and security of your account credentials.
You must notify Akterial promptly if you reasonably believe your account has been accessed without authorisation.
Information provided during registration must be accurate and kept reasonably up to date.
Where Akterial already holds information associated with your account, we may use that information to pre-populate forms or simplify sample requests and other Platform interactions.
4. Material and Product Information
Product descriptions, dimensions, finishes, colours, availability, technical specifications, certifications, lead times and other product information may be supplied by participating manufacturers or suppliers.
Akterial takes reasonable steps to present supplier information accurately but does not independently manufacture the listed products and cannot guarantee that all supplier-provided information will always be complete, current or error-free.
Users should confirm critical technical, regulatory, performance, pricing and availability information with the relevant supplier before making a final specification or purchasing decision.
Digital images may not perfectly represent the colour, texture, scale or finish of physical materials due to photography, lighting, screens and natural material variation.
5. Samples
Eligible users may request physical material samples through Akterial.
Where stated on the Platform, standard sample delivery may be provided to eligible professional users without a separate delivery charge.
Availability of a sample is not guaranteed. Sample sizes may differ from the dimensions of the full product.
Akterial may consolidate samples originating from multiple suppliers into a single delivery in order to improve fulfilment efficiency and reduce unnecessary packaging and transportation.
Akterial may establish reasonable limits on the number, frequency or type of samples requested and may decline requests that appear excessive, fraudulent, abusive or unrelated to legitimate professional use.
Delivery estimates are estimates rather than guaranteed delivery dates unless Akterial expressly states otherwise.
6. Projects and Professional Intent
Akterial may allow users to associate materials, sample requests and other activity with professional projects.
Where project information is requested, users must provide information that is reasonably accurate and must not knowingly submit false project information for the purpose of obtaining samples or accessing Platform benefits.
Project information may include information such as project name, project category, location, project stage, material requirements or other specification-related information.
Our collection and use of personal information associated with projects is governed by our Privacy & POPIA Notice.
7. Communication With Suppliers
Where you request a sample, product information, supplier contact or another supplier-related service, Akterial may provide information reasonably necessary to the relevant supplier so that the request can be processed, supported or followed up.
The information shared and the purposes for which it is shared are explained further in our Privacy & POPIA Notice.
Akterial will not treat the sale of personal information itself as a Platform product.
8. Pricing and Quotations
Unless expressly stated otherwise, prices displayed on Akterial are indicative and may be changed by suppliers.
Where quotation functionality is made available, quotations may be provided by the relevant supplier and may depend on quantity, project requirements, delivery location, applicable taxes, stock availability, product configuration and other commercial factors.
A quotation request or sample request does not itself create a sale or purchase agreement.
Any binding purchase arrangement is subject to the applicable supplier terms and any additional terms expressly agreed between the relevant parties.
9. Intellectual Property
The Akterial name, Platform, software, interface, branding, original content and related intellectual property belong to Akterial or its licensors.
Product names, trademarks, photographs, specifications and other supplier-provided materials remain the property of their respective owners or licensors.
Users may use material information obtained through Akterial for legitimate professional activities such as project research, evaluation and specification, subject to applicable intellectual-property rights.
Users may not scrape, systematically copy, reproduce, resell or commercially exploit substantial parts of the Platform or its databases without written permission.
10. Acceptable Use
You may not:
- use Akterial fraudulently or unlawfully;
- submit false professional or project information;
- abuse the sample-request system;
- interfere with the operation or security of the Platform;
- attempt to gain unauthorised access to accounts, systems or data;
- introduce malicious software;
- scrape or systematically extract Platform data without permission; or
- use information obtained through Akterial for unlawful spam, harassment or unauthorised marketing.
11. Privacy
Akterial processes personal information in accordance with applicable South African data-protection law, including the Protection of Personal Information Act 4 of 2013 ("POPIA").
Please read our Privacy & POPIA Notice for information about what we collect, why we collect it, when information may be shared, and your rights.
12. Platform Availability
Akterial is an evolving technology platform.
We may add, remove, test or modify functionality from time to time.
We do not guarantee uninterrupted or error-free availability of the Platform, but we will take reasonable steps appropriate to the nature and stage of the service to maintain its security and availability.
13. Suspension and Termination
Akterial may suspend or terminate an account where reasonably necessary, including for material breach of these Terms, fraud, abuse of samples, unlawful activity, security risks or conduct that materially harms Akterial, suppliers or other users.
Users may request closure of their account by contacting us at [CONTACT EMAIL].
Closure of an account does not necessarily require immediate deletion of information that Akterial must lawfully retain for legal, security, contractual or legitimate business purposes.
14. Liability
Akterial acts as a platform connecting professional users with participating material suppliers and coordinating certain related services.
To the extent permitted by applicable law, Akterial is not responsible for losses arising solely from inaccurate information supplied by a third-party manufacturer or supplier, supplier stock changes, product manufacturing defects, or independent agreements entered into directly between a user and supplier.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Users remain responsible for professional specification decisions and for confirming that selected products comply with the technical, regulatory, safety and performance requirements of their projects.
15. Changes to These Terms
Akterial may update these Terms as the Platform evolves or where required by law.
Where a change materially affects users' rights or obligations, we will take reasonable steps to notify affected users.
The current version and its effective date will remain available on the Platform.
16. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms or use of Akterial will be subject to applicable South African law and the jurisdiction of the competent South African courts, subject to any rights or dispute-resolution mechanisms that cannot lawfully be excluded.