Legal
© K2021661320 (Pty) Ltd ("the Company") with registration no. K2021/661320/07. All rights not expressly granted, are reserved. To obtain permission for the use of the Site Subscribers must be 18 years of age or older.
By agreeing to this agreement and using the zolbae website ("the Site"), you ("the Subscriber") are indicating that you are in the position to be bound by this agreement as well as indicating your acceptance to be bound by the terms and conditions of this agreement and are 18 years of age or older.
1. GENERAL
1.1 This agreement herein may be changed without notice. Your continued use of the Site after any such changes constitutes your acceptance of the new agreement and its terms and conditions.
1.2 This agreement herein applies exclusively to the Subscribers access to, and use of, the Site and does not alter in any way, the terms or conditions of any other agreement the Subscriber may have with the Company.
1.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
1.4 No failure or delay by the Company to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this agreement or prejudice the Company's right to take subsequent action against the Subscriber.
1.5 This agreement applies exclusively to the accessing of the Site as well as the use of the Site including but not limited to the requesting of material from the Site.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements belong to the Company and as such are protected from infringement by local and international legislation and treaties.
3. LICENSES AND SITE ACCESS
3.1 By agreeing to the terms and conditions of this agreement and then after gaining access to the site, you agree to become a Subscriber to the Site and agree to pay a subscription fee upon requesting for services to be rendered by the Company.
3.2 The Subscription fee payable to the Company is billed to the Subscriber for the services offered by the Company which are described as the service of communicating to the Mandla Etfu nonprofit organization on behalf of the Subscriber, coordinating the packaging and delivery of cannabis from the Mandla Etfu nonprofit organization as well as the service maintaining the Site for the use by the Subscriber.
3.3 The Subscriber is not conveyed any rights or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary rights to the Site upon subscribing.
3.4 The Subscriber may not use, frame or utilize framing techniques to enclose any ZolBae site trademark, logo or other proprietary information (including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page) without an authorised personnel's express written consent from the Company. Further, the Subscriber may not use any meta tags or any other “hidden text” utilizing the Site's name or trademark without the Company's written consent.
3.5 The Company makes no claim or representation regarding, and accepts no responsibility for, the safe handling and use of any cannabis or items recieved by the Subscriber through the Site.
4. SUBSCRIBER CONDUCT
4.1 The Subscriber may not violate any of the agreed upon terms and conditions stated herein this agreement.
4.2 The Subscriber may not disrupt or interfere with the security of, or otherwise abuse, the Site, services, system resources, accounts, servers or networks connected to or accessible through the Site.
4.3 The Subscriber is solely responsible for their actions after recieving cannabis delivered by Company personnel and must comply with all applicable national laws and regulations in this regard.
4.4 The Subscriber is not authorised to conclude any binding agreements on behalf of the Company.
5. INDEMNIFICATION
5.1 The Subscriber agrees to indemnify and hold harmless the Company from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to the conduct of the Subscriber, the violation of this agreement by the Subscriber, or the violation of any rights of a third party by the Subscriber.
6. ACCEPTANCE OF FUNDS
6.1 The Subscriber acknowledges that the Comapny does not offer any of the displayed items on the site for sale and that the Subscription fee paid by the Subscriber is for the use of the company software and services rendered by the Company of which does not include the sale of cannabis.
7. DISCLAIMER OF WARRANTIES
7.1 The Subscriber understands and agrees that the Site and the information, services and materials available through it are provided on an “as is” and “as available” basis and expressly agree that use of the Site is at their sole risk.
7.2 The Subscriber expressly agrees that use of the Site, including all content, data or software distributed by, downloaded or accessed from or through the Site, is at the Subscriber's sole risk and they understand and agree that they will be solely responsible for any damage incurred to their computer system or loss of data that results from the download of such content, data and/or software.
7.3 The Company does not make any warranty that the Site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected.
7.4 Payment method providers used by the Site do not represent or warrant that materials on the Site or information provided by the Company is accurate, complete, reliable, current or error-free. nor do they make any warranty as to the results that may be obtained from use of the Site.
7.5 The Company assumes no responsibility for any damages suffered by the Subscriber, including, but not limited to, loss of data from delays, nondelivered items, errors, system down time, network or system outages, file corruption or service interruptions caused by the negligence of the Company, its affiliates, its licensor or the Subscribers own errors and/or omissions.
7.6 All information appearing on the Site is provided without a representation or warranty whatsoever, whether expressed or implied, and the Company disclaims any liability to the Subscriber in this regard.
8. LIMITATION OF LIABILITY
8.1 The Company has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the content shown on the Site, to ensure that the Subscriber doesn’t suffer any loss or damages as a result of the use of the Site.
8.2 Under no circumstances, including without limitation negligence, shall the Company or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing or delivering for the Site be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use the Site or any content provided by or through the Site, or resulting from unauthorized access to or alteration of the Subscriber’s transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if the Company has been advised of the possibility of such damages.
8.3 The Company shall have no liability to Subscribers in connection with any actions or transactions by an individual that uses the Subscriber’s information without their consent or knowledge or any cause over which the Company does not have direct control, including, but not limited to, problems attributable to computer hardware or software (including computer viruses), telephones (or other communications equipment), or internet service providers.
8.4 The Company shall have no liability to the Subscriber or third parties in connection with cannabis or any items received by the Subscriber being misused or mishandled by the Subscriber or third party.
8.5 The Company shall not be liable for any fraud, deception or misrepresentations by the Subscriber of the Site's services in any capacity whatsoever.
8.6 In no event shall the Company be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
8.7 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
9. SUBSCRIBER’S LIABILITY TO THE COMPANY
9.1 In the event that the Company takes action against the Subscriber for breach of the terms and conditions of this agreement and a court finds the Subscriber to be guilty of the offence, the Subscriber agrees to reimburse the Company for all legal costs, including all fees related to evidence gathering and collection commission, on a scale as between attorney and own client.
10. APPLICABLE LAW
10.1 The terms and conditions pertaining to any services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of this site or pages will constitute the Subscriber's consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to the Site or such services.
11. TERMINATION
11.1 Notwithstanding any of these terms and conditions, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
12. SEVERABILITY
12.1 If any provision of this Agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.