1.1 These Terms and Conditions ("Agreement”) govern the use of www.cannamarket.co.za, related websites and software applications which is owned and operated by CannaMarket (the "Website”).
1.2 The Website is an online marketplace that enables third party sellers ("Suppliers”) to list, offer, promote and sell cannabis related products and goods (the "Goods”) to registered end users (the "Buyer”) through an online portal on the Website.
1.3 This Agreement governs the ordering, sale and delivery of the Goods and the use of the Website.
1.4 By registering on the Website, accessing and/or using the Website, the Buyer hereby agrees to be legally bound by this Agreement.
1.5 This Agreement applies to Buyers who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA”).
1.6 This Agreement contains provisions that appear in similar text and style which:
1.6.1 may limit the risk or liability of the Website or a third party;
1.6.2 may create risk or liability for the Buyer;
1.6.3 may compel the user to indemnify the Website or a third party; and/or
1.6.4 serves as an acknowledgement, by the Buyer, of a fact.
1.7 If the Buyer does not understand this Agreement, it is its responsibility to ask the Website to explain before acceptance of the Agreement or continue using the Website.
1.8 This Agreement is not intended or understood to be unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the Buyer or the Website in terms of the CPA.
1.9 CannaMarket permits the use of the Website subject this Agreement. By using this Agreement in any way, the Buyer shall be deemed to have unconditionally accepted the terms and conditions contained herein. The Buyer must not use the Website if he/she does not agree with the terms and conditions contained herein.
1.10 The Website and the Buyer (collectively referred to as the "Parties”) accordingly agree as setout herein.
3. USE OF THE WEBSITE
3.1 To register as a Buyer, the Buyer must provide a unique username and password ("Credentials”) and provide certain information and personal details to the Website.
3.2 A Buyer can only use the Website upon registration on the Website. The Buyer’s Credentials will be needed to use and access the Website in order to purchase Goods.
3.3 The Buyer hereby agrees that once the correct Credentials to the Buyer’s account have been entered, irrespective of whether the use of the Credentials is unauthorized or fraudulent, the Buyer will be liable for payment of such order, save where the order is cancelled by the Buyer in accordance with this Agreement.
3.4 The Buyer hereby agrees to notify CannaMarket immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of the Buyer’s Credentials and to take reasonable and necessary steps to mitigate any resultant loss or harm.
3.5 The Website reserves its right to terminate unconfirmed and/or inactive accounts. In addition, the Website reserves its sole and absolute discretion to refuse or to terminate all or part of its services to the Buyer for any reason whatsoever.
3.6 CannaMarket may in its sole discretion terminate, suspend and modify the Website, with or without notice to the Buyer. The Buyer hereby agrees that CannaMarket will not be liable to the Buyer in the event that it chooses to suspend, modify or terminate the Website other than for processing any orders made by the Buyer prior to such time, to the extent possible.
4. SALE AND AVAILABILITY OF STOCK
4.1 The Buyer may place orders for Goods, which the Suppliers may accept or reject.
4.2 The Suppliers shall accept an order depending on the availability of Goods, correctness of the information relating to the Goods, listed price and receipt of payment and/or payment authorisation by the Website for the Goods.
4.3 An agreement of sale between the Supplier and the Buyer shall only come into effect upon the Supplier’s acceptance of the order placed on the Website followed by delivery of the Goods to the Buyer. This is regardless of any communication from the Website stating that an order or payment has been finalised.
4.4 Prior to delivery of the Goods, the Buyer may cancel an order at any time provided he/she does so before the Supplier receives a notice to dispatch or deliver the Goods. After delivery of the Goods, the Buyer may return the Goods only in accordance with the return policy contained in clause 7.
4.5 The sale of Goods formed on acceptance of the Buyer’s order is solely between the Supplier and the Buyer. CannaMarket is not a party to the sale.
5. FEES AND PAYMENT
5.1 CannaMarket is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5.2 Payment shall be made by the Buyer to the Supplier by direct bank deposit, instant electronic funds transfer (EFT), debit card or credit card. Where a credit card is used, the Website may require additional information in order to authorise and/or verify the validity of payment. In such cases. The Website may not process the transaction, and the Supplier shall be entitled to withhold delivery of any Goods until such time as the additional information is provided and authorisation is obtained by the Website for the amounts. If such authorisation is not received, the order will be cancelled.
5.3 Once the Buyer has selected a payment method, save for direct bank deposit, the Buyer will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
6. SHIPPING AND DELIVERY
6.1 The Suppliers will offer delivery of Goods by courier directly to the Buyer’s home or office, anywhere in South Africa. All delivery and tracking details including the delivery fees of the order will be supplied to the Buyer after checkout of the order.
6.2 The delivery charges are not fixed and subject to change at any time, without prior notice to the Buyer. The applicable delivery charges will be provided to the Buyer upon checkout of the order.
6.3 In the case where the Website accepts the Buyer’s order, on behalf of the Supplier, the Supplier will deliver the Goods to the Buyer as soon as reasonably possible after receipt of full payment by the Buyer ("Delivery Period”).
6.4 The Supplier shall notify the Buyer in the event that the Supplier is unable to deliver the Goods during the Delivery Period. The Buyer may, within 7 (seven) days of receiving the notification elect whether or not to cancel the order for the Goods. Should the Buyer elect to cancel the order, the Supplier shall reimburse the Buyer for the purchase price.
6.5 The Supplier’s obligation to deliver the Goods to the Buyer is fulfilled upon delivery of the Goods to the physical address nominated by the Buyer for delivery of the Goods. The Website is not responsible for any loss or unauthorized use of the Goods after they have been delivered to the physical address nominated by the Buyer.
7.1 In listings where returns and refunds are permitted, the Website will set a default rule that automates the return process.
7.2 Where settings have been set up to automatically accept requests for returns, replacements or refunds, the Website shall generate a return shipping label which will be provided to the Buyer.
7.3 If the Buyer is not completely satisfied with the Goods sold, he/she is entitled to return the Goods to the Supplier for either a refund, repair or replacement subject to the below terms.
7.4 To ensure that a request for a refund, repair or replacement is processed efficiently, the Buyer shall be responsible for the safe and secure packaging of the Goods during transit.
7.5 The Buyer shall be entitled to log a return within 7 days of delivery of the Goods to him/her. After 14 days, Goods can only be returned if they are defective.
7.6 The Goods shall be collected from the Buyer at no charge, which shall be delivered to the Supplier for inspection and validation of the return and/or replacement.
7.7 Once the Goods have been inspected and the return validated, the Supplier shall credit or refund the Buyer with the purchase price of the Goods within 14 days of the return.
7.8 In the event that the Supplier accidentally delivers the wrong Goods to the Buyer, or if the Goods are not as described on the Website, the Buyer shall be entitled to notify the Website and the Goods shall be collected from the Buyer at no charge.
7.9 In the event that Goods are damaged or missing any parts or accessories at the time of delivery, the Buyer shall be entitled to notify the Supplier by logging a return on the Website within 5 days of delivery. The Supplier shall arrange to collect the Goods from the Buyer at no charge. Once the Goods have been inspected and a return validated, the Supplier shall, at the election of the Supplier, repair or replace the Goods within a reasonable time, or alternatively refund the Buyer.
7.10 The Supplier shall reasonably ensure that it delivers Goods which are of a high quality, in good working order and without any defects.
7.11 A defect is a material imperfection in the manufacture of Goods or any characteristic of the Goods, which makes the Goods less acceptable than one would reasonably be entitled to expect in the circumstances.
7.12 Should the Buyer receive Goods which turn out to be defective or otherwise of poor quality (save for direct warranty Goods which are discussed below), the Buyer shall notify the Website within a reasonably period after he/she becomes aware of the defect or poor quality, but in any event within 6 (six) months after delivery of the Goods (except in the case of an extended Suppler warranty set out below).
7.13 The Buyer can notify the Website in respect of clause 7.12 by logging in a return on the Website and the Website shall collect the Goods from the Buyer without any charge. Once the Goods have been inspected and a return validated, the Supplier shall, at the Buyer’s choice, repair/replacement/refund the Buyer.
7.14 Should Goods have a supplier warranty that extends beyond the 6 (six) months standard warranty in clause 7.12, and such Goods turn out to be defective more than 6 (six) months after delivery, the Buyer shall notify the Website as soon as reasonably possible after becoming aware of the defect but in any event within the extended supplier warranty period after delivery of the Goods.
8. UNDERTAKINGS AND LISTING CONDITIONS
8.1 The Buyer undertakes that it shall not:
8.1.1 breach or circumvent any laws, third party rights or the Website’s policies;
8.1.2 fail to pay for Goods purchased on the Website from the Supplier;
8.1.3 order, request to purchase or purchase any Goods which are illegal, including any goods or items which are prohibited for sale by law, or which could reasonably be construed as being prohibited by law;
8.1.4 transfer its account including the Credentials on the Website to another Buyer without the Website’s consent; and
8.1.5 infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights ("Intellectual Property”) that belongs to or are licensed to the Website or another user registered on the Website.
8.2 CannaMarket undertakes that it shall:
8.2.1 not to sell or make the Buyer’s personal information available to any third party other than as provided in this Agreement;
8.2.2 provide secure online payment facilities encrypted using the appropriate encryption technology;
8.2.3 take redouble steps to ensure that listings reflect the accurate description, availability, purchase price and delivery charges of Goods on the Website.
9. LIMITATION OF LIABILITY
9.1 The use of the Website is entirely at the Buyer’s own risk and the Buyer assumes full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
9.2 CannaMarket cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of CannaMarket, its employees, agents or authorised representatives. The Buyer is encouraged to contact the Website to report any possible malfunctions or errors by way of the Website’s help page.
9.3 CannaMarket shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the Buyer’s use of, or reliance upon, the Website or the content contained in the Website, or the Buyer’s inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
9.4 The Website disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Buyer’s access to or use of the Website and/or any content therein unless otherwise provided by law.
9.5 The Buyer hereby indemnifies CannaMarket, 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 Buying utilizing the Website to deal or trade in or distribute or acquire any illegal substance or product, andCannaMarket shall not be in any way responsible for any legal action or criminal prosecution which a Buyer may face as a result of any misuse of the Website.
9.6 Whilst CannaMarket shall do all things reasonably necessary to protect the Buyer’s rights to privacy, including compliance with all applicable local laws, CannaMarket cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosure of the Buyer’s personal information, whilst in the Website’s possession, made by third parties who are not subject to the Website’s control, unless such disclosure is as a result of the gross negligence or willful misconduct of CannaMarket, its employees, agents or authorised representatives.
10. INDEMNITY AND WARRANTIES
10.1 By using the Website, the Buyer warrants that he/she is [21 (twenty one)] years of age or older and of full legal capacity. Should the Buyer be under the age of [21 (twenty one)] or not legally permitted to enter into a binding agreement, then the Buyer may only use the Website only with supervision of a parent or legal guardian. If the parent or legal guardian supervises the Buyer and gives his/her consent, then such person agrees to be bound to this Agreement and to be liable and responsible for the Buyer and all of the Buyer’s obligations under this Agreement.
10.2 The Buyer agrees that it is making use of the Website at its own risk, and that the Website is provided to the Buyer on an "as is” and "as available” basis.
10.3 The Buyer agrees that the Website cannot guarantee a continuous operation of or access to services on the Website. Functionality of listings, promotions and sales may not occur in real time and such functionality is subject to delays beyond the CannaMarket’s control.
10.4 The Buyer hereby indemnifies CannaMarket against any loss, claim or damage which may be suffered by the Buyer or any third party arising in any way from the Buyer’s use of the Website and/or any linked third party website.
10.5 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided "as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
10.6 Any Goods listed, promoted or sold including views or statements made or expressed on the Website are not necessarily the views of the Website, its employees, directors, affiliates and/or agents.
10.7 In addition to the limitation of liability and disclaimers contained in this Agreement, the Website also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the Buyer’s computer system, computer network, hardware or software in any way. The Buyer accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device or the Buyer’s hardware or software, save where such risks arise due to the gross negligence or willful misconduct of CannaMarket, its employees, agents or authorised representatives. The Website thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the Buyer’s access to or use of the Website.
10.8 In respect of all obligations and liabilities which arise in respect of this Agreement entered into by and between the Website and the Buyer, the Buyer hereby irrevocably and unconditionally accepts and undertakes all such obligations and liabilities, and hereby indemnifies the Website including its employees, directors, agents and/or sponsors, in respect of any claim, action, damage, loss, liability, cost or expense which the Buyer may pay, suffer, incur, or be liable for, as a result of any claim by any person in connection with the Website or sale of Goods through the Website, due to any actions or omissions of the Buyer, or any of its staff, contractors, agents, representatives or appointees, whether willful or negligent.
10.9 The Buyer warrants that it will not use the Website to order, request to order or purchase any Goods which are unlawful or which could reasonably be considered to be unlawful, including but not limited to, cannabis, cannabis derivative products, cannabis seeds and/or cannabis plants.
10.10 CannaMarketendeavors to provide accurate and up-to-date information on the Website. However, the Website cannot be held responsible and liable for any errors, inaccuracies damage caused as a result of the use of, inability to use the Website.
10.11 The Buyer’s indemnification of CannaMarket shall cover all legal actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be brought against the Website or incurred or become due and payable by the Website arising from or in respect of sale of Goods on the Website, including but not limited to, any claims arising out of the purchase of Goods by the Buyer, including the provision of any samples of any kind whatsoever, whether such samples be sold or given away free of consideration.
10.12 The Website disclaims liability for any damage, loss or expenses, whether direct or indirect or consequential in nature, arising out of or in connection with the Buyer’s access to or use of the Website and/or any content therein.
10.13 For the avoidance of doubt, the Supplier indemnifies CannaMarket and holds it harmless for any and all damages or loss (including but not limited to loss of money, Goods, goodwill or reputation) resulting directly or indirectly from:
10.13.1 the Goods listed, promoted or sold (directly or indirectly) from the Website;
10.13.2 the use of or inability to use the Website;
10.13.3 pricing, promotion, displaying or shipping on the Website;
10.13.4 delays or disruptions on the Website;
10.13.5 glitches, bugs, errors or inaccuracies of any kind on the Website; and
10.13.6 viruses or other malicious software obtained through the Website.
11.1 The Website shall take all reasonable measures to protect the Buyer’s privacy as more fully set out below.
11.2 Upon registration on the Website, the Website may require the Buyer to provide personal information which includes but is limited to, name, surname, email address, physical address, gender, mobile number and date of birth,
11.3 Should the Buyer’s personal information change, he/she should inform the Website and provide updates to the personal information as soon as reasonably possible to enable the Website to update the personal information.
11.4 The Buyer may choose to provide additional personal information to the Website, in which event the Buyer 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.
11.5 The Website will not, without the Buyer’s express consent:
11.5.1 use the Buyer’s personal information for any purpose other than as set out below:
126.96.36.199 in relation to the ordering, sale and delivery of Goods;
188.8.131.52 to contact the Buyer regarding current or new Goods offered on the Website or any of the Website’s divisions, affiliates and/or partners (to the extent that the Buyer has not opted out from receiving marketing material from the Website);
184.108.40.206 to inform the Buyer of new features, special offers and promotional competitions offered by the Website or any of its divisions, affiliates and/or partners (to the extent that the Buyer has not opted out from receiving marketing material from the Website); and
220.127.116.11 to improve the Website’s Goods selection and the Buyer’s experience on the Website by, for example, monitoring the Buyer’s browsing habits, or tracking the Buyer’s sales on the Buyers; or
10.5.2 disclose the Buyer’s personal information to any third party other than as set out below:
10.5.2.1 to the Website’s employees and/or third party service providers who assist CannaMarket to interact with the Buyer through the Website, email or any other method, for the ordering of Goods or when delivering the Goods to the Buyer;
10.5.2.2 to the Website’s divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with the Buyer by email or any other method for purposes of sending the Buyer marketing material regarding any current or new Goods offered by them (unless the Buyer has opted out from receiving marketing material from the Website);
10.5.2.3 to law enforcement, government officials, fraud detection agencies or other third parties when the Website 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;
10.5.2.4 to the Website’s service providers (under contract with the Website) who help with the parts of the Website’s business operations (fraud prevention, marketing, technology services etc.) However, our contracts dictate that these service providers may only use the Buyer’s information in connection with the services they perform for the Website and not for their own benefit;
10.5.2.5 to the Website’s third party Suppliers in order for them to liaise directly with the Buyer regarding any faulty Goods the Buyer purchased which requires their involvement; and
10.5.2.6 to any Supplier for purposes of sending the Buyer an invoice for any Goods purchased from such Supplier, which disclosed information will be limited to the Buyer’s email address.
10.5.3 The Website is entitled to use or disclose the Buyer’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 the Website, or to protect and defend the Website’s rights or property. In the event of a fraudulent online payment, the Website is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10.5.4 The Website 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 Buyer’s personal information are bound by appropriate and legally binding confidentiality obligations in relations to the Buyer’s personal information.
10.5.5 Notwithstanding anything to the contrary, the Website shall not retain the Buyer’s personal information longer than the period for which it was originally needed, unless the Website is required by law to do so, or the Buyer consents to the Website retaining such information for a longer period.
CannaMarket reserves its right to amend, update, change or replace any part of this Agreement and provisions contained herein at its sole and absolute discretion. Any amendment, update, change or replacement of this Agreement and provisions shall be delivered to the Buyer by way of email, and the continued use of and access of the Website by the Supplier following the any amendment, update, change or replacement of provisions shall constitute acceptance of same.
12 AVAILABILITY OF WEBSITE AND TERMINATION
12.1 CannaMarket will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and is entitled to discontinue providing the Website services or any part thereof with or without notice to the Buyer.
12.2 The Website may, in its sole and absolute discretion, terminate the Agreement if the Buyer fails to comply with any of the provisions contained herein.
12.3 The Buyer hereby agrees that the Website will not be liable to the Buyer in the event that it chooses to suspend, modify or terminate the Website other than for processing any orders made by the Buyer prior to such time, to the extent possible.
12.4 Should the Buyer fail to comply with its obligations under this Agreement, including any incident involving payment of the purchase price of an order for any Goods, this may lead to a suspension and/or termination of the Buyer’s access to the Website without any prejudice to any claim for damages or otherwise which the Website or Supplier may have against the Buyer.
12.5 The Website is entitled, for purposes of preventing suspected fraud and/or where it suspects that the Buyer is abusing the Website and/or has created multiple user profiles to take advantage of a promotion intended by the Website to be used once-off by the Buyer, to blacklist the Buyer on the Website’s database (including suspending or terminating the Buyer’s access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between the Buyer and the Website, in whole or in part, on notice to the Buyer. The Website shall only be liable to refund the Buyer money already paid and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
12.6 The Buyer may, at any time, choose to terminate use of the Website, with or without notice to the Website.
13.1 Ownership and Copyright
The contents of the Website, including any material, information, data, software, icons, texts, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, service marks which are displayed on or incorporated on the Website ("Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of CannaMarket, its advertisers and/or sponsors and/or licensed to CannaMarket.
13.2 Electronic Communications
The Buyer hereby agrees and consents to receiving communication from the Website or any of its divisions electronically in accordance with the privacy laws of South Africa.
13.3 Warrant of Authority
Each Party, and the signatories hereto warrants to the other Party that it has the power, authority and legal right to sign and perform this Agreement and that this Agreement has been duly authorised by all necessary actions of its directors and constitutes valid and binding obligations on it in accordance with the terms of this Agreement.
13.4 Implementation and Good Faith
The Parties undertake to do all such things, perform all such acts and take all steps or procure the doing of all such things, the performance of all such acts and the taking of all such steps, as may be necessary or incidental to give or be conducive to the giving of effect to the terms, conditions and import of this Agreement. The Parties shall at all times during the continuance of this Agreement observe the principles of good faith towards one another in the performance of their obligations in accordance with the terms of this Agreement. This implies that they shall (i) at all times during the term of this Agreement act reasonably, honestly and in good faith; (ii) perform their obligations arising from this Agreement diligently and with reasonable care; and (iii) make full disclosure to each other of any matter that may affect the execution of this Agreement.
13.5 Whole Agreement
This Agreement constitutes the whole Agreement between the Parties as to the subject matter hereof and no Agreement, representations or warranties between the Parties other than those set out herein are binding on the Parties.
13.6 Cession and Delegation
The Parties agree that neither Party shall be entitled to cede, in whole or in part, any of its rights, or sub-license, delegate or sub-contract, in whole or in part, any of its rights or obligations, arising from this Agreement without the prior written consent of the other Party.
No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the Parties or their duly authorised representatives.
The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of South Africa. The Parties hereby consent to the adjudication of any dispute, to the degree that such dispute is not otherwise regulated in terms of this Agreement, by any South African court of competent jurisdiction; in accordance with, and in amplification of which, the Parties hereby specifically consent to the exclusive jurisdiction of such court. Nothing in this clause 13.8 or this Agreement limits the Buyer’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, No. 68 of 2008.
No latitude, extension or time or other indulgence which may be given or allowed by any Party to any other Party in respect of the performance of any obligation hereunder or enforcement of any right arising from this Agreement and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party's rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.