Terms of Use, Privacy Policy & Cookie Policy
Mediweed AGREEMENT
entered between
Mediweed
and
THE CLIENT
1. REGISTRATION
1.1. To be able to register successfully as a member, the Client must provide Mediweed with relevant information and personal details.
1.2. By Supplying your personal details, the Client will become a private member.
1.3. By registering on the Application and/or accessing the Application and/or using the Application, the Client hereby agrees to be legally bound by this Agreement, regardless of whether the Client has expressly signed or assented to the terms and conditions contained in this Agreement, and in particularly has provided a valid identity number proving compliance with the minimum age for clients of 18 years.
1.4 By requesting any products from Mediweed, you are accepting this agreement.
(ONLINE MEMBERSHIP PORTAL UNDER CONSTRUTION)
The Application will be a web-based, online, private portal that provides access to the information of Clients of the Mediweed’s cannabinoids and their by-products produced and sourced by Clients of Mediweed.
The Client will only use any portal section of the Application after successful registration with Mediweed. The Client’s Credentials will be needed to use and access the portal.
2. GIFTED WING SERVICES
2.1. The Parties have agreed to the terms and conditions upon which Mediweed shall render the Services to the Client for which the Client shall pay.
2.2. The Client warrants that the services of Mediweed (Pty) Ltd have been procured solely for the cultivation of the crop for the Client’s own personal use and the Client warrants that he/she in no way intends to sell, deal in, trade, distribute or commercialise the harvest of Cannabis in contravention of any Laws of the Republic of South Africa.
2.3. In the event that the Client contravenes the provisions contained in clause 2.1 – 2.2, the Client indemnifies Mediweed (Pty) Ltd against all damages and/or claims, of a civil and/or criminal nature, arising from the Client’s contravention of the provisions contained in clause 2.1 – 2.2, to the extent that Mediweed (Pty) Ltd are not found to be involved in the contravention under reference.
2.4. The Client’s of Mediweed and Services will be terminated with immediate effect in the event that the Client contravenes the provisions contained in clause 2.1 – 2.2.
2.5. Mediweed model offered to the client by Mediweed (Pty) Ltd and the related services rendered are in accordance with the law currently, notwithstanding this legal framework may therefore be subject to change as new legislation is drafted and enacted. The provisions of this Agreement are therefore also subject to change in accordance with the changing law.
2.6. All of Mediweed's products are grown in their private capacity and is in accordance with the current cannabis laws.
3. PRIVACY
3.1. Discreet online membership coming soon…
3.2. This Membership shall take all reasonable measures to protect the Client’s privacy as more fully set out below.
3.3. Upon registration, the Membership may require the Client to provide personal information which includes but is not limited to, name, surname, ID, email address, physical address, gender, mobile number and date of birth.
3.4. Should the Client’s personal information change, he/she should inform Mediweed via reasonable notice and provide updates to the personal information as soon as reasonably possible to enable the Membership to update the personal information.
3.5. The Client may choose to provide additional personal information to Mediweed, in which event the Client agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent an affiliation with anyone or anything.
3.6. The Membership will not, without the Client’s express consent:
3.6.1. Use the Client’s personal information for any purpose other than as set out below:
3.6.1.1. in relation to the Services;
3.6.1.2. to contact the Client regarding current or new goods offered or any of Mediweed’s divisions, affiliates and/or partners (to the extent that the Client has not opted out from receiving marketing material from Mediweed);
3.6.1.3. to inform the Client of new features, special offers and promotional competitions offered by Mediweed or any of its divisions, affiliates and/or partners (to the extent that the Client has not opted out from receiving marketing material from Mediweed); and
3.6.1.4. disclose the Client’s personal information to any third party other than as set out below:
3.6.1.4.1. to law enforcement, government officials, fraud detection agencies or other third parties when Mediweed believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of this Agreement;
3.7. Mediweed is entitled to use or disclose the Client’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Mediweed, or to protect and defend Mediweed’s rights or property.
3.8. Mediweed shall ensure that all of its employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to the Client’s personal information are bound by appropriate and legally binding confidentiality obligations in relations to the Client’s personal information.
3.9. Notwithstanding anything to the contrary, Mediweed shall not retain the Client’s personal information longer than the period for which it was originally needed, unless it is required by law to do so, or the Client consents to the retaining of such information for a longer period.
3.10. The Client hereby warrants that it shall provide to Mediweed all the requested information.
3.11. Given the sensitive nature of the information provided, Mediweed hereby warrants that:
3.11.1. it has complied and shall remain to comply with all provisions of the Protection of Personal Information Act 4 of 2013;
3.11.2. all relevant checks, tests, safeguards and procedures in terms of the aforesaid Act have been followed and adequately adhered to; and
3.11.3. all relevant permissions, waivers, authorisation, approvals and necessary consent has been obtained.
3.12. The Client hereby indemnifies Mediweed against any and all claims that may arise as a result of a failure on the part of Mediweed to comply with any provision of the Protection of Personal Information Act 4 of 2013.
4. FEES, DEDUCTIONS AND PAYMENTS
4.1. Cannabis not directly for sale. All the packaging and containers are purchased when transacting with Mediweed. The GROWERS are compensated for their time, expertise and IP. NPO coming soon for donation contributions.
4.2. All payments made by the Client to Mediweed shall be made without set-off and/or deduction.
4.3. All payments made by the Client to Mediweed shall be inclusive of VAT (if applicable) unless otherwise stipulated.
4.4. Payment shall be made by the Client to Mediweed by direct bank deposit, instant electronic funds transfer (EFT), or debit/credit card.
5. CLIENT AND GIFTED WING WARANTIES
5.1. The Client understands fully that:
5.1.1. they are donating or purchasing packaging or receiving gifts;
5.1.2. there is no purchase of THC products;
5.1.2. they have to be over 18;
5.2. Mediweed warrants that it shall:
5.2.1. adhere to ensure that the products are of the highest quality;
5.2.3. ensure that the Services shall be carried out in accordance with the industry best practices in which the Services are to be performed;
5.2.4. timeously advise the Client of any circumstances or events which may prevent or inhibit Mediweed in the carrying out of the Services;
5.2.9. abide by the current and future customs, rules, policies and regulations of the industry, including respecting Mediweed holder’s right to privacy and complying with the provisions of the POPI Act which regulates the manner in which Mediweed collects, processes, stores, shares and destroys any personal information which you have provided us.
6. WAIVERS
6.1. Mediweed does not warrant any specific level of strength, potency or concentration in respect of any Cannabis products received.
6.2. The Client hereby indemnifies Mediweed and its dispensers and practitioners and holds them harmless against any and all claims of whatsoever nature and howsoever arising in relation to the use, possession or transport of the Cannabis obtained by the Client, or any rights and obligations contained in this Agreement, specifically the provision by Mediweed of the Services, direct or indirectly, and whether such claim arose as a result of any negligent conduct on the part of Mediweed.
6.3. Neither Party shall be liable for any consequential, indirect, general or punitive damages arising in terms of this Agreement.
7. RELATIONSHIP BETWEEN THE PARTIES
7.1. The Parties record that the future Mediweed shall fulfil its obligations in terms of this Agreement as an independent contractor, and not as a labour broker, employee or agent of the Client.
7.2. Save as otherwise provided herein, neither Party shall be entitled to bind the other Party to any obligation of any nature whatsoever or to incur any liability on behalf of the other Party, whether in contract or otherwise.
8. LIABILITY
8.1. The use of the services provided by Mediweed is entirely at the Client’s own risk and the Client assumes full responsibility for any damage or loss resulting from the use of the Services.
8.2. Mediweed shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the Client’s use of, or reliance upon, the Services contemplated in this Agreement.
8.3. The Client hereby indemnifies Mediweed, its employees, agents and authorised representatives and holds any and all of them harmless against any claim, charge or criminal prosecution which may arise as a result of the Client utilising any Cannabis to deal or trade in or distribute or acquire any illegal substance or product, and Mediweed shall not be in any way responsible for any legal action or criminal prosecution which a Client may face as a result of any misuse of the Services or Cannabis.
9. SHIPPING AND DELIVERY
9.1. Mediweed will offer delivery of the Cannabis by courier directly to the Client’s home or office, anywhere in close proximity with Cape Town. Delivery details including the delivery fees of the order will be supplied to the Client.
9.2. Delivery time periods will be twice a day, a morning and an afternoon option.
9.3. To the extent that the Application accepts the Client’s order, Mediweed will notify the Client of the date of the expected delivery, which expected delivery may be agreed upon as between Mediweed and the Client.
9.4. Mediweed shall notify the Client in the event that Mediweed is unable to deliver the Cannabis during the Delivery Period.
9.5. No products will be delivered without receival of payment.
9.6. Mediweed's obligation to deliver the Cannabis to the Client is fulfilled upon delivery of the Cannabis to the physical address nominated by the Client for delivery. Mediweed is not responsible for any loss or unauthorized use of the Cannabis after the Cannabis has been delivered to the physical address nominated by the Client.
9.7. Should the Client provide Mediweed with incorrect address details for the delivery of the Cannabis, the Client will be liable for a double fee payable to the courier service.
10. RETURNS AND REFUNDS
10.1. Mediweed shall take all reasonable steps to ensure that the Cannabis is delivered without any defects and in acceptable packaging.
10.2. Should the Client receive damaged, unusable or poor-quality Cannabis, the Client shall notify Mediweed within a reasonable period after he/she becomes aware of the defect or poor quality, but in any event within 3 (three) days after delivery of the Cannabis and Mediweed shall use its Best Endeavours to remedy the complaint. Importantly, such defects shall relate only to the Services rendered in respect of the Cannabis, and not the Cannabis itself, which is the Client’s property.
11. GENERAL
11.1. This Agreement is concluded solely between Mediweed and the Client.
11.2. Mediweed may accept an order depending on the correctness and accuracy of the information provided by the Client, and upon receipt of payment.
12. TERMINATION
12.1. Should the Client fail to comply with its obligations under this Agreement, including any incident involving payment, this may lead to a suspension and/or termination of the Agreement without any prejudice to any claim for damages or otherwise which Mediweed may have against the Client.
12.2. Mediweed shall only be liable to refund the Client money already paid (at its sole and absolute discretion) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any transaction.
12.3. The Client may, at any time, choose to terminate use of the Application, with or without notice to Mediweed.
13. BREACH
13.1. Should either Party:
13.1.1. fail to meet any of its payment obligations in terms of this Agreement, as and when such payment becomes due;
13.1.2. terminate or attempt to terminate this Agreement prior to the discharge of all of the Client’s obligations in terms of this Agreement;
13.1.3. commit any fraudulent or wilful misconduct in the performance of this Agreement;