1. Introduction
This Waiver and Disclaimer ("Waiver") is provided by Juicy Joes ("the Company") to all clients or participants engaging with the Company for access to cannabis or cannabis-related products containing tetrahydrocannabinol (THC) for private use, as permitted under the Cannabis for Private Purposes Act, 2024 ("the Act"). By receiving cannabis products, you ("the Client") acknowledge and agree to the terms below. This Waiver does not authorize or imply commercial sale of cannabis, which remains regulated under South African law.
2. Legal Compliance
The Company operates in accordance with the Cannabis for Private Purposes Act, 2024, which permits adults to possess, cultivate, and use cannabis in private for personal purposes. The Company does not engage in the commercial sale of cannabis or THC products, as this is prohibited under the Medicines and Related Substances Act, 1965, and the Drugs and Drug Trafficking Act, 1992, except for SAHPRA-approved medicinal cannabis. Any cannabis or THC products provided by the Company are for private, non-commercial use by Clients, in compliance with the Act’s provisions. The Company does not distribute cannabis to non-clients or for resale.
3. Client Acknowledgment
By signing this Waiver, the Client acknowledges and agrees to the following:
• Private Use Only: The Client confirms that any cannabis or THC products received from the Company are for personal, private use, as defined by the Act. The Client will not sell, distribute, or share cannabis with others, including minors, or use it in public spaces, as prohibited by law.
• Health Risks: The Client understands that cannabis and THC products may carry health risks, including psychological or physical effects. The Company is not liable for any adverse effects resulting from the use of cannabis products. Clients with pre-existing medical conditions, mental health concerns, or those taking medication should consult a healthcare professional before using cannabis.
• Age Restriction: The Client confirms they are at least 18 years of age, as required by the Act for private cannabis use.
• Source of Cannabis: The Client acknowledges that cannabis provided by the Company is sourced in compliance with the Act (e.g., from personal cultivation or shared among Clients for private use). The Company does not guarantee the quality, potency, or safety of cannabis beyond reasonable efforts to ensure compliance with the Act.
• Legal Responsibility: The Client assumes full responsibility for ensuring their possession, use, or transport of cannabis complies with the Act and other South African laws. The Client understands that exceeding possession limits (e.g., 600g dried cannabis in a private dwelling or 100g on their person, as per the Act’s guidelines) or using cannabis in public may result in legal consequences for which the Company is not liable.
• No Commercial Transaction: The Client acknowledges that any contributions, donations, or clientship fees paid to the Company are for operational costs and not a purchase or sale of cannabis, which would violate South African law.
4. Liability Release
To the fullest extent permitted by law, the Client releases Juicy Joes, its organizers, volunteers, and affiliates from any liability, claims, damages, or losses arising from:
• The possession, use, or misuse of cannabis or THC products received from the Company.
• Any health-related issues, side effects, or injuries resulting from cannabis use.
• Any legal consequences resulting from the Client’s failure to comply with the Cannabis for Private Purposes Act, 2024, or other South African laws.
5. Indemnity
The Client agrees to indemnify and hold harmless Juicy Joes against any claims, actions, or liabilities resulting from the Client’s breach of this Waiver, misuse of cannabis, or violation of South African law.
6. Governing Law
This Waiver is governed by the laws of the Republic of South Africa. Any disputes arising from this Waiver will be subject to the exclusive jurisdiction of South African courts.
7. RECORDAL
7.1 The Company shall provide the services to the client as more fully set out hereunder, which services the client accepts.
7.2 The Parties have agreed to the terms and conditions upon which the Company shall render the services to the client.
8. DURATION
8.1 With effect from the registration date, the parties shall be obliged to perform on the terms and conditions of this agreement, unless terminated prior thereto:
8.1.1 by virtue of the expiry by effluxion of time, lawful termination or withdrawal; or
8.1.2 on at least 2 (two) months written notice by the client to the Company; or
8.1.3 in accordance with the terms of this agreement.
(hereinafter referred to as the “Duration”).
9. SERVICES
9.1 The Company operates a cannabis and related products sharing service on behalf of the client. It shall further offer CBD (including full spectrum, broad spectrum and isolate), CBG, CBN and THC, including oils, creams and edibles. As the Company develops, it shall offer a broader range of information, services and products.
9.2 The Company warrants that it shall:
9.2.1 perform the services with the utmost care and professionalism that can be expected of such a business relationship;
9.2.2 take all reasonable precautions to guard against any loss to the client through the failure of the Company, its employees, partners, agents, contractors, representatives and/or associates to execute their respective commitments properly and on time and to carry out the services as agreed in terms of the information sheet;
9.2.3 ensure that the services shall be carried out in accordance with the industry best practices in which the services are to be performed;
9.2.4 timeously advise the client of any circumstances or events which may prevent or inhibit the Company in the carrying out of the Services;
9.2.5 not action any work, beyond the scope of the services, without obtaining the prior written approval of the client;
9.2.6 issue detailed and complete invoices and statements timeously, where applicable;
9.2.7 carry out, conscientiously all such functions and duties as are reasonable and lawful;
9.2.8 observe the standards and principles set out by the Company, from time to time, in the conduct of its business; and
9.2.9 abide by the current and future customs, rules, policies and regulations of the industry, including respecting company clients’ right to privacy and complying with the provisions of the POPI Act which regulates the manner in which the Company collects, processes, stores, shares and destroys any personal information which you have provided us.
9.3 The Company further warrants that it is competent and properly qualified to perform its duties, is not and shall not be under any obligation or disability which would prevent or restrict it from entering into and freely performing the Services and will not perform nor agree to perform any services which interfere, conflict with or prevent the Company’s complete performance of its duties.
10. COMPANY OBLIGATIONS
10.1 The Company warrants and undertakes to the client that it shall:
10.1.2 at all times ensure that in choosing its products suppliers and manufacturers, the highest standards of quality and processing of the plant in all its formats raw, oil, distillates, edibles and all future forms will be adhered to ensure that the standards are of the highest quality.
10.1.3 arrange for regular inspections of all of the above facilities referred to in 8.1.1 above to ensure continued compliance with the Company’s requirements and standards;
10.1.4 it shall ensure that the services shall be carried out in accordance with the industry best practices, as well as the quality standards and methodologies, as may be updated from time to time; and
11. CLIENT OBLIGATIONS
11.1 The client shall:
11.1.1 submit to the Company such information as may reasonably be required of him/her from time to time in connection with the business of the Company and to prepare or have prepared such report/s in such form as may be required by the Company with regard to such business.
11.1.2 comply with all applicable laws, regulations, by-laws, ordinances, judgments and/or regulations in respect of the ownership, consumption and use of the cannabis grown on their behalf; and
11.1.3 not on-sell or trade in the Cannabis shared with them in terms of this agreement, nor use the Cannabis for any commercial or other gain and shall use the Cannabis for their own personal use and consumption.
12. RELATIONSHIP BETWEEN THE PARTIES
12.1 The parties record that the Company 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.
12.2 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.
13. LIMITATION OF LIABILITY IN RESPECT OF THE SERVICES
13.1 The use of the services provided by the Company 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.
13.2 The Company cannot be held liable for any inaccurate information published on the client’s Information Sheet and/or any incorrect prices displayed on the client’s information sheet, save where such liability arises from the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives.
13.3 The Company 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.
13.4 The client hereby indemnifies the Company, 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 the Company 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.
13.5 The client’s indemnification of the Company shall cover all legal actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be brought against the Company or incurred or become due and payable by the Company arising from or in respect of services rendered in respect of the client’s Cannabis, including but not limited to, any claims arising out of the services provided by the Company to the client.
13.6 Whilst the Company shall do all things reasonably necessary to protect the Client’s rights to privacy, including compliance with all applicable local laws, the Company cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosure of the client’s personal information, whilst in the Company’s possession, made by third parties who are not subject to its control, unless such disclosure is as a result of the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives.
14. LIMITATIONS AND AVAILABILITY
14.1 The Client may utilise the services of the Company, which the Company may accept or reject depending on circumstances, or any non-compliance with any term of this agreement.
14.2 The Company may accept an order depending on the correctness and accuracy of the information provided by the client.
14.3 An agreement between the Company and the client shall only come into effect upon the Company’s acceptance of the order placed on the information sheet.
14.4 This agreement is concluded solely between the Company and the client.
14.5 To the extent that the Company is unable to provide the requisite volume of Cannabis on behalf of the Client as per the information sheet for any reason whatsoever, the Company may, in its discretion, supplement the shortfall of Cannabis from its own stocks.
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15. RETURNS AND REFUNDS
15.1 In the event that the Company accidentally provides the wrong Cannabis to the client, or if the Cannabis is not as described on the information sheet, the client shall be entitled to notify the Company and the Company shall use its Best Endeavours to correct the error, based on the client’s complaint, at no charge.
15.2 The Company shall take all reasonable steps to ensure that the Cannabis is delivered by the Company without any defects and in acceptable packaging.
15.3 Should the client receive damaged, unusable or poor quality Cannabis, the client shall notify the Company 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 the Company 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.
16. UNDERTAKINGS
16.1 The client undertakes that it shall not:
16.1.1 breach or circumvent any laws, third party rights or the Company’s policies;
16.1.2 fail to pay for the services provided by the Company in respect of the client’s Cannabis;
16.1.3 ensure that all information provided by the client to the Company from time to time is accurate and up to date, and is free from any material omission or inaccuracy;
16.1.4 transfer its account to another client without the Company’s consent; and
16.1.5 infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to the Company or another user registered with the Company.
16.2 The Company undertakes that it shall:
16.2.1 not sell or make the client’s personal information available to any third party other than as provided in this agreement; and
16.2.2 take reasonable steps to ensure that the information sheet reflects the accurate description, availability and fees in respect to the price of any Cannabis related services.
17. PRIVACY POLICY AND PROTECTION OF PERSONAL INFORMATION
17.1 The Company shall take all reasonable measures to protect the client’s privacy as more fully set out below.
17.2 Upon registration, the Company may require the client to provide personal information which includes but is not limited to, name, surname, email address, physical address, gender, mobile number and date of birth.
17.3 Should the client’s personal information change, he/she should inform the Company via reasonable notice and provide updates to the personal information as soon as reasonably possible to enable the Company to update the personal information.
17.4 The client may choose to provide additional personal information to the Company, 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.
17.5 The Company will not, without the client’s express consent:
17.5.1 use the client’s personal information for any purpose other than as set out below:
17.5.1.1 in relation to the services;
17.5.1.2 to contact the client regarding current or new goods offered or any of the Company’s divisions, affiliates and/or partners (to the extent that the client has not opted out from receiving marketing material from the Company);
17.5.1.3 to inform the client of new features, special offers and promotional competitions offered by the Company or any of its divisions, affiliates and/or partners (to the extent that the client has not opted out from receiving marketing material from the Company); and
17.5.2 disclose the client’s personal information to any third party other than as set out below:
17.5.2.1 to the Company’s employees and/or third party service providers who assist the Company to interact with the client through email or any other method, for the requesting of the services;
17.5.2.2 to the Company’s divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with the client by email or any other method for purposes of sending the client marketing material regarding any current or new offers by them (unless the client has opted out from receiving marketing material from the Company);
17.5.2.3 to law enforcement, government officials, fraud detection agencies or other third parties when the Company 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; and
17.5.2.4 to service providers (under contract with the Company) who help with the parts of the Company’s business operations (fraud prevention, marketing, technology services, etc.).
17.6 The Company 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 the Company, or to protect and defend the Company’s rights or property.
17.7 The Company 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 relation to the client’s personal information.
17.8 Notwithstanding anything to the contrary, the Company 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.
17.9 The client hereby warrants that it shall provide to the Company all the requested information as set out in the information sheet.
17.10 Given the sensitive nature of the information provided, the Company hereby warrants that:
17.10.1 it has complied and shall remain to comply with all provisions of the Protection of Personal Information Act 4 of 2013;
17.10.2 all relevant checks, tests, safeguards and procedures in terms of the aforesaid Act have been followed and adequately adhered to; and
17.10.3 all relevant permissions, waivers, authorisation, approvals and necessary consent has been obtained.
17.11 The client hereby indemnifies the Company against any and all claims that may arise as a result of a failure on the part of the Company to comply with any provision of the Protection of Personal Information Act 4 of 2013.
18. CHANGES TO THE TERMS OF USE
18.1 The Company 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 client by way of email, and the continued use of and access of the service following any amendment, update, change or replacement of provisions shall constitute acceptance of same.
19. FORCE MAJEURE
19.1 If any party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this agreement from any cause beyond the reasonable control of that party (including without limiting the generality of the foregoing, war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, flood, plague, pandemic and acts of God) where a party is prevented from carrying out all or any of its obligations, the party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder of loss of damages either general, special or consequential which the other parties may suffer due to or resulting from such delay or failure, provided always that written notice shall within 48 (forty-eight) hours of the occurrence constituting Force Majeure be given of any such inability to perform by the affected party and provided further that the obligation to give such notice shall be suspended to the extent necessitated by such Force Majeure.
19.2 For the avoidance of doubt, to the extent that a party’s obligation involves the payment of any amounts which are due, owing and payable, such obligation shall not be suspended by any Force Majeure event.
19.3 Any party invoking Force Majeure shall use its best endeavours to terminate the circumstances giving rise to Force Majeure and upon termination of the circumstances giving rise thereto, shall forthwith give written notice thereof to the other parties.
19.4 If the full and proper implementation of this agreement is precluded by any of the events or a combination of the events contemplated in clause 22.1 for a period of more than 3 (three) consecutive months at any one time, then and in such event the parties shall endeavour to conclude new arrangements equitable to both of them and should they fail to agree upon any such new arrangements within 90 (ninety) days of any of the party calling upon the others to do so, then either of the parties shall be entitled to terminate this agreement.
20. BREACH
20.1 Should either party:
20.1.1 fail to meet any of its payment obligations in terms of this agreement, as and when such payment becomes due;
20.1.2 terminate or attempt to terminate this agreement prior to the discharge of all of the client’s obligations in terms of this agreement;
20.1.3 commit any fraudulent or wilful misconduct in the performance of this agreement;
20.1.4 have made any incorrect, false or misleading representation, statement or warranty in this agreement, or in any other document provided or required in connection with this agreement, alternatively any representation, statement or warranty becomes incorrect, false or misleading during the term of this agreement and fail immediately to advise the other Party of such change in writing; or
20.1.5 commit any breach of any other provision of this agreement and fail to remedy same within 7 (seven) days of receipt of notice from the Company calling on the client to remedy;
same shall constitute a material breach of this agreement and, without prejudice to any other rights which the non-defaulting party may have in law, shall entitle the non-defaulting party, without providing any further notice to the defaulting party, to terminate this agreement and recover any and all damages which it may have suffered as a result of such termination.
21. NOTICES
21.1 Each party chooses the address chosen by it below for all purposes arising out of or in connection with this agreement, at which address all the processes and notices arising out of or in connection with this agreement, its breach or termination, and any legal notice, pleading or process, may validly be served upon or delivered to it:
the Company: as per the information sheet
the client: as per the information sheet
21.2 The parties may, on written notice to the others, change the address nominated by it in terms of clause 25.1 above to any other physical address within South Africa (not a Post Office Box or the similar), provided that such change shall only be deemed to be effective on the 7th (Seventh) day after the last of the parties has received such notice in accordance with the provisions of this clause 25.
21.3 Any notice given in terms of this agreement shall be in writing and shall (i) if delivered by hand, be deemed to have been duly received by the addressee on the first business day following the date of delivery; (ii) if delivered by recognised international courier service, be deemed to have been duly received by the addressee on the first business day following the date of such delivery by the courier service concerned; And (iii) if dispatched by electronic mail, be deemed to have been received on the business day following the date of dispatch.
21.4 Notwithstanding anything to the contrary contained in this agreement, a written notice or communication actually received by one of the parties from another shall be adequate written notice or communication to such party.
22. GENERAL TERMS AND CONDITIONS
22.1 Legal Force of Agreement: This document does not constitute an offer and shall be of no legal force or effect unless or until it has been signed by all the parties hereto. Until such time that it has been signed by all the parties hereto, any party shall be entitled to withdraw from further negotiations and decline to enter into any agreement in relation to the subject matter of this agreement.
22.2 Confidentiality: Each party shall keep secret and confidential all, and not disclose to any person any, information of and/or concerning the affairs of the other that they may have acquired in negotiating, settling and/or implementing this agreement. The aforesaid restriction with regards to disclosure shall not apply where disclosure is strictly necessary for the purpose of giving effect to this agreement, provided that, (i) the disclosing party undertakes to bind such third party to the provisions of this clause, the terms adjusted for the context (such third party not being entitled to further disclose such information conveyed to it); and (ii) the disclosing party guarantees the performance of such third party in respect of same. Further no party shall use any such information for its own benefit. The obligations in this clause 11 shall, to the degree necessary, not extend to information (i) which is in or comes into the public domain otherwise than through the default of any party or an outsider; (ii) the disclosure of which is agreed to by the parties; (iii) which is properly available to the public or disclosed or divulged pursuant to an order of a court of competent jurisdiction; (iv) the disclosure of which is required by law, a stock exchange or other regulatory authority; (v) which is already known to the disclosing party and is not subject to an obligation of confidence; (vi) which is independently developed by the disclosing party without using proprietary information; and/or (vii) which is rightfully received from an outside party.
22.3 Warranty of Authority: Each party warrants to the other 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/or executive committee, whichever is applicable, and constitutes valid and binding obligations on it in accordance with the terms of this agreement.
22.4 Relationship of the Parties: Notwithstanding anything to the contrary herein, the relationship of the parties shall be governed by the terms of this agreement, and nothing contained herein shall be deemed to constitute a partnership between them. The parties shall not by reason of the actions of any one of them incur any personal liability as co-partners to any third party, and no party shall be entitled or empowered to represent or hold out to any third party that the relationship between them is that of partnership.
22.5 Implementation and Good Faith: The parties undertake to do all such things, perform all such acts and take all steps to procure the doing of all such things and the performance of all such acts, 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.
22.6 Independent Advice: Each party acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of this agreement and that it has either taken such independent legal advice or dispensed with the necessity of doing so. Further, each party hereto acknowledges that all of the provisions of this agreement and the restrictions herein contained are fair and reasonable in all the circumstances and are part of the overall intention of the parties in connection with the transaction set out in this agreement.
22.7 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.
22.8 Variation: 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.
22.9 Pactum de non Petendo: No suspension of a right to enforce any term of this agreement and no pactum de non petendo shall be of any force or effect unless in writing and duly signed by both parties.
22.10 Relaxation: No latitude, extension of time or other indulgence which may be given or allowed by any party to the other 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.
22.11 Severability and Deletion: Notwithstanding anything to the contrary herein contained or implied by law, each and every term and condition of this agreement shall be deemed to be separate and severable from the other terms hereof. If any term is found by any court of competent jurisdiction to be vague or invalid or unenforceable, that term shall be treated as pro non scripto and shall in no way affect the validity of the remaining terms and provisions hereof.
22.12 Termination: Termination of this agreement for any cause shall not release a party from any liability which at the time of termination has already accrued to another party or which thereafter may accrue in respect of any act or omission prior to such termination.
22.13 Governing Law and Jurisdiction: 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 the Republic 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 Western Cape court of competent jurisdiction; in accordance with, and in amplification of which, the parties hereby specifically consent to the exclusive jurisdiction of such court.
22.14 Counterparts: This agreement may be executed in several counterparts and all counterparts so executed shall constitute one agreement, which shall be binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the original or the same counterpart.
