RM_StatsUsername *Password *Password must be at least 7 characters long.Enter password again *Password must be at least 7 characters long.Email *Upload ID *Upload Selfie *First name *Last name *Contact Number *Date of Birth *Contract *SOCIAL CLUB MEMBERSHIP AGREEMENT entered into between INFUSION (PTY) LTD T/A INFUSION SOCIAL CLUB and THE Member WHEREAS INFUSION (Pty) Ltd. operates a private members-only social club which charges fees for use of its private premises, across multiple private locations, facilitates the collective and private sharing of cannabis among its members for their personal use without the exchange of consideration, administers the collection and in some cases pooling of Members’ funds to cover the costs of cultivating members’ private cannabis, as incurred by Grower members of the Club and administers the collection and sharing of each member’s private cannabis, for their personal, private consumption thereof (the “Services”); WHEREAS the Member, as a private adult person, is desirous of appointing INFUSION (Pty) Ltd (“the Club”) to administer the private cultivation and costs thereof of crops owned by the Member for their own personal use in a private space/residence, as required for the purposes set out herein, because the Member does not possess the requisite knowledge, skill, space or infrastructure to grow the crop; WHEREAS the Member has through INFUSION (Pty) Ltd, leased a piece of private land, not accessible to the public, as set out in Annexure A (“Grower Agreement”). In terms of this Agreement the aforementioned specific land is assigned to the Member along with a designated private Grower member of the Club, who will cultivate the Member’s crop on their behalf for Members’ private, personal use, the cost of which shall be borne by the Member, and WHEREAS the Grower Member has represented that he/she is an adult and has the requisite skill and experience in rendering the horticultural expertise to cultivate the desired crop for the Member and has sufficient capacity and resources to perform the cultivation in accordance with the terms of this Agreement. The Grower acknowledges that the Member has entered into this Agreement on reliance on through representation, and WHEREAS neither the Grower Member nor the Member sells, trades in, deals in, distributes or commercialises the crop, but the Grower Member offers his skill and experience in cultivating the Member’s crop. The Member at all times remains the lawful owner of their personal, private crop and bares the cost of cultivation thereof, which costs shall be collected and administered by the Club. Accordingly, the Member and the Grower, enter into this Agreement on and with effect from the Commencement Date, on the terms and subject to the conditions recorded herein and subject to ANNEXURES A to C to this Agreement, and both the Member and the Grower acknowledge that this Agreement is binding and the services provided herein are only permissible and valid when rendered through INFUSION (Pty) Ltd and no other entity, individual or company providing the same or similar services. The Member and Grower further acknowledge that they will be held liable by INFUSION (Pty) Ltd for damages suffered due to any breaches of this agreement. 1. REGISTRATION 1.1. To be able to register successfully as a Member, the Member must and agrees to provide the Club with relevant information and personal details filled in on the club membership form on the Club’s web-based data collection mechanism (the “Application”). Upon approval and validation of these details, the Club will provide the Member with a unique username and password (“Credentials”) to access service-related offerings via the members` portal on the Application. 1.2. By registering to the Club, the Member will become a private member of the Club. 1.3. By registering to the Club, the Member will be given use right of the application of the Club. 1.4. By registering to the Club, the Member will gain access to private facilities of the Club. 1.5. By registering to the Club, the Member will gain access to the private holding facilities of the Club for the product owned by the Member. 1.6. By registering on the Application and/or accessing the Application and/or using the Application, the Member hereby agrees to be legally bound by this Agreement, regardless of whether the Member has expressly signed or assented to the terms and conditions contained in this Agreement, and in particularly has provided a valid identity document proving compliance with the minimum age for Members of 18 years. 2. CLUB MEMBERSHIP SERVICES 2.1. The Grower Member shall provide the Services to the Member as more fully set out herein, which Services the Member accepts in exchange for the Membership Fee. 2.2. The Parties have agreed to the terms and conditions upon which the Grower Member shall render professional horticultural services to the Member for which the Member shall pay and which payment shall be collected and administered by the Club in a manner of the Club’s choosing. 2.3. The Member warrants that the services of the Grower Member of INFUSION (Pty) Ltd have been procured solely for the cultivation of the crop for the Member’s own personal use and the Member represents and 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. 2.4. The Grower Member warrants that the services rendered to the Member in terms of the Grower Agreement and this agreement are solely for the cultivation of the Member’s crop for the Member’s private, personal use and that both the Grower and Member warrants that he/she in no way intends to use, sell, deal in, trade, distribute or commercialise the Member’s harvest of Cannabis in contravention of any Laws of the Republic of South Africa. 2.5. In the event that the Member contravenes the provisions contained in clause 2.1 – 2.4, the Member indemnifies the Grower and INFUSION (Pty) Ltd against all legal liability, damages and/or claims, of a civil and/or criminal nature, arising from the Member’s contravention of the provisions contained in clause 2.1 – 2.4, to the extent that the Grower and INFUSION (Pty) Ltd are not found to be involved in the contravention under reference. 2.6. In the event that the Grower contravenes the provisions contained in clause 2.1 – 2.4, the Grower indemnifies the Member and INFUSION (Pty) Ltd against all damages and/or claims, of a civil and/or criminal nature, arising from the Grower’s contravention of the provisions contained in clause 2.1 – 2.4, to the extent that the Member and INFUSION (Pty) Ltd are not found to be involved in the contravention under reference. 2.7. The Member’s membership and Services will be terminated with immediate effect in the event that the Member contravenes the provisions contained in clause 2.1 – 2.4. 2.8. The membership model offered to the Member by INFUSION (Pty) Ltd and the related professional horticultural services rendered by the Grower are in accordance with an interpretation of the Right to Privacy established by the Constitutional Court in the seminal case of Minister of Justice and Constitutional Development & Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton [2018] ZACC 30 (the "Judgment") and the Cannabis for Private Purposes Bill (the “CFPPB”), which has recently been passed by the National Assembly, and regulates the private consumption of cannabis in South Africa. Notwithstanding this, the legal framework upon which the Private Members Club is predicated, 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. 2.9. Within a period of three months the Member will have an amount of their cannabis crop available to them through the Services contemplated in this Agreement, cultivated by the Grower Member and securely stored by INFUSION (Pty) Ltd. and may agree to share said cannabis with other Members, without the exchange of consideration. In the meantime and in future, the Member may access other Members’ private cannabis which has been made available by said Members, to privately share with the Member in good faith as a member of the Club, and the Member agrees to contribute on a pro-rata basis towards the costs of cultivation of said cannabis so as to positively contribute towards the ongoing nature of the Club and the costs of the Grower Member’s input costs and services rendered. This is done to promote all Members’ access to their Right to Privacy and their personal, private cultivation and consumption of private cannabis by spreading the costs of cultivation among all Members of the Club who wish to share their private cannabis with other Members for their personal use and without the exchange of consideration. 2.10. Harvest and Collection: 2.10.1. The Member undertakes to personally collect their harvested, dried and cured crop after notification from INFUSION (Pty) Ltd, which collection time must be pre-arranged with INFUSION (Pty) Ltd. The Member will further be required to provide proof of identification upon collection. 2.10.2. The harvest of the Member’s Cannabis crop includes the curing, drying and storing of the harvest by the Grower Member and/or the Club in a diligent and a professional manner, in accordance with the accepted practices and high professional standards currently used in performing these services. The Grower will safely store the Cannabis harvest and ensure that the harvest is identifiable as belonging to the Member. 2.10.3 The Club take receipt of and securely stored shall make available certain shelf space and/or storage capacity to retain Member’s harvested, dried and cured crops, including that which has been made available to share with other Members. Members will then collect their individual and/or shared crops in portion sizes of their choosing, within the reasonable bounds of personal, private consumption, and contribute towards the cost of Growing Services rendered on a pro-rata basis. 4. PRIVACY 4.1. The Club operates a Social Club and facilitates leasing and cultivation cost administration and sharing arrangements between Members on behalf of and on instruction of the Members, such that the Member leases a portion of land upon which the cannabis product is grown exclusively and upon instruction of the Member; transferred to the location of the Club; kept in a private holding space exclusively for the Member (to which only the Member and their nominated proxies have access); and provides a private space to the member and other Members to enjoy their own product within the compounds of the Club without the exchange of consideration. The Club charges a Membership Fee for the access to its private premises and the administration of the collective cultivation of its Members private cannabis. 4.2. The Club shall take all reasonable measures to protect the Member’s privacy as more fully set out below. 4.3. Upon registration, the Club may require the Member to provide personal information which includes but is not limited to, name, surname, email address, physical address, gender, mobile number and date of birth. 4.4. Should the Member’s personal information change, he/she should inform the Club via reasonable notice and provide updates to the personal information as soon as reasonably possible to enable the Club to update the personal information. 4.5. The Member may choose to provide additional personal information to the Club, in which event the Member 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. 4.6. The Club will not, without the Member’s express consent: 4.6.1. Use the Member’s personal information for any purpose other than as set out below: 4.6.1.1. in relation to the Services; 4.6.1.2. to contact the Member regarding current or new goods offered or any of the Club’s divisions, affiliates and/or partners (to the extent that the Member has not opted out from receiving marketing material from the Club); 4.6.1.3. to inform the Member of new features, special offers and promotional competitions offered by the Club or any of its divisions, affiliates and/or partners (to the extent that the Member has not opted out from receiving marketing material from the Club); and 4.6.1.4. disclose the Member’s personal information to any third party other than as set out below: 4.6.1.4.1. to the Club’s employees and/or third-party Grower Members who assist the Club to interact with the Member through email or any other method, for the requesting of the Services; 4.6.1.4.2. to the Club’s divisions, affiliates and/or partners (including their employees and/or third-party Grower Members) in order for them to interact directly with the Member by email or any other method for purposes of sending the Member marketing material regarding any current or new offers by them (unless the Member has opted out from receiving marketing material from the Club); 4.6.1.4.3. to law enforcement, government officials, fraud detection agencies or other third parties when the Club 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 4.6.1.4.4. to Grower Members who help with the parts of the Club’s business operations (fraud prevention, marketing, technology services, etc.). 4.7. The Club is entitled to use or disclose the Member’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 Club, or to protect and defend the Club’s rights or property. 4.8. The Club shall ensure that all of its employees, third party Grower Members, divisions, affiliates and partners (including their employees and third-party Grower Members) having access to the Member’s personal information are bound by appropriate and legally binding confidentiality obligations in relations to the Member’s personal information. 4.9. Notwithstanding anything to the contrary, the Club shall not retain the Member’s personal information longer than the period for which it was originally needed, unless it is required by law to do so, or the Member consents to the retaining of such information for a longer period. 4.10. The Member hereby warrants that it shall provide to the Club all the requested information as set out in the Information Sheet or on the Application. 4.11. Given the sensitive nature of the information provided, the Club hereby warrants that: 4.11.1. it has complied and shall remain to comply with all provisions of the Protection of Personal Information Act 4 of 2013; 4.11.2. all relevant checks, tests, safeguards and procedures in terms of the aforesaid Act have been followed and adequately adhered to; and 4.11.3. all relevant permissions, waivers, authorisation, approvals and necessary consent has been obtained. 4.12. The Member hereby indemnifies the Club against any and all claims that may arise as a result of a failure on the part of the Club to comply with any provision of the Protection of Personal Information Act 4 of 2013. 5. USE OF APPLICATION 5.1. The Application is a web-based, online, private portal that provides access to the information of Members of their private cannabis and cannabis by-products produced and sourced by Members of the Club. 5.2. The Member may only use any portal section of the Application after successful registration with the Club. The Member’s Credentials will be needed to use and access the portal. 5.3. Access may also be granted on-site at all physical locations of the Club on scrutiny of a completed and signed application form on-site. 5.4. The Member hereby agrees that once the correct Credentials to the Member’s account have been entered, irrespective of whether the use of the Credentials is unauthorized, the Member will be liable for payment of such membership, save where the membership is cancelled by the Member in accordance with this Agreement. 5.5. The Club reserves its right to terminate unconfirmed and/or inactive accounts. In addition, the Club reserves its sole and absolute discretion to refuse or to terminate all or part of its services to the Member for any reason whatsoever. 5.6. The Club may in its sole discretion terminate, suspend and modify the Application, with or without notice to the Member. The Member hereby agrees that the Club will not be liable to the Member in the event that it chooses to suspend, modify or terminate the Application other than for processing any orders made by the Member prior to such time, to the extent possible. 6. DURATION 6.1. This Agreement shall commence on the date of signature of all parties hereto and shall continue for a period of 2 (two) years (Initial Period). 6.2. The Member shall have the option to renew this Agreement after the Initial Period for a further 1 (one) year period and on the same terms and conditions contained herein between the Parties. Should the Member elect to exercise the option as aforesaid, it shall do so by giving INFUSION (Pty) Ltd 2 (two) months’ written notice prior to expiry of the Initial Period. 6.3. Upon expiry of the Initial Period referred to in clause 6.1, if the Member does not exercise the option to renew this Agreement as set out in clause 6.2, this Agreement shall automatically terminate. 6.4. Upon expiry of this Agreement the Member will have 14 (fourteen) days within which to collect their seed/s and/or crop/s and/or harvest/s. The Member consents to the destruction of their seed/s and/or crop/s and/or harvest/s in the event that the such is not collected within 1 (one) month from the date of expiry of this Agreement. 6.5. Either the Member or INFUSION (Pty) Ltd may terminate this Agreement subject to the termination provisions contained in clause 16 and 17. 6.6. Each party hereto confirms that they have read, understood and accepts the terms and conditions contained herein and in all and any attachment hereto. 7. FEES, DEDUCTIONS AND PAYMENTS 7.1. The Parties agree that the Member shall be liable to pay the Membership Fee in advance, as set out on the member`s indemnity form, which payment will commence on the Registration Date and thereafter on the same day of each subsequent month, or as agreed between the Club and the Member. 7.2. All payments made by the Member to the Club shall be made without set-off and/or deduction. 7.3. In due course as the Club develops, Members shall become entitled to allied and affiliate programs; such extra membership entitlements might require additional levies. 7.4. All payments made by the Member to the Club shall be inclusive of VAT (if applicable) unless otherwise stipulated. 7.5. The Membership Fee is subject to change from time to time with reasonable notice to the Member and the Club reserves the right to effect such change within its discretion. 7.6. The Member shall pay the Membership Fee into the Club’s bank account, which details are set out on the membership form. 7.7. Payment shall be made by the Member to the Club by direct bank deposit, instant electronic funds transfer (EFT), or credit card. Where a credit card is used, the Club may require additional information in order to authorize and/or verify the validity of payment. If such authorization is not received, the order will be cancelled. 7.8. Any increase in the Club’s cost of supplying services caused by any level of governmental law, regulation, tax, or other burden imposed after the date of this Agreement on the ownership, storage, processing, production, distribution or use of the Cannabis covered by this Agreement will be added to the price under this Agreement after notice of such increase has been provided to the Member. 8. Member, CLUB & GROWER WARANTIES 8.1. The Member: 8.1.1. The Member confirms that he/she understands the contents of and accepts the specifications of the membership model the Member has selected. 8.1.2. The Member agrees that it is and will remain the sole lawful owner of the seed/s, crop/s and harvest/s produced on their assigned patch throughout the membership period, and the rights contained herein may not be ceded or assigned to any third party, which does not exclude the Member’s right to share their crops with other members without the exchange of consideration. If the Member decides not to continue growing or elects to terminate this agreement then all product from his harvest will be disposed of and all plants will be destroyed. It is not permissible for the Member to remove any plant or crop once the agreement has been terminated. 8.1.3. The Member undertakes to pay the monthly membership fee for membership and the fee for growing. Failure to pay the monthly fees will result in a suspension of the services and the Member will be afforded 14 (fourteen) days within which to rectify payment. Failure to rectify payment within 14 (fourteen) days will result in termination of the Membership and Lease. It is noteworthy that without the requisite lease the Member will be operating not in accordance with the current laws. 8.1.4. The Member agrees that any additional services or specific inputs not included in the selected membership model will be charged at an additional cost to the Member as quoted and agreed between the parties in terms of the specific additional fee structure. 8.1.5. The Member undertakes to personally obtain the seed/s of the desired crop from a supplier and INFUSION (Pty) Ltd will assist to deliver the seed/s to the grower member for cultivation. 8.1.6. The Member acknowledges that he/she has a limited visitation right to its Leased Blockchain and supervised visitation thereto must be pre-arranged with INFUSION (Pty) Ltd. The Member further undertakes to abide by the visitation safety and security regulations as set in Annexure B (“Code of Conduct”). 8.1.7. If the Member does not understand this Agreement, it is its responsibility to ask the Club to explain before acceptance of the Agreement or continue using the Application. 8.1.8. The Member hereby agrees to uphold the rules of the club set out in Annexure B (“Code of Conduct”) and Annexure C (“Constitution”) attached hereto. 8.2. The Club warrants that it shall: 8.2.1. 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 formats will be adhered to ensure that the standards are of the highest quality; 8.2.2. take all reasonable precautions to guard against any loss to the Member through the failure of the Club, 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; 8.2.3. ensure that the Services shall be carried out in accordance with the industry best practices in which the Services are to be performed; 8.2.4. timeously advise the Member of any circumstances or events which may prevent or inhibit the Club in the carrying out of the Services; 8.2.5. not action any work, beyond the scope of the Services, without obtaining the prior written approval of the Member; 8.2.6. issue detailed and complete invoices and statements timeously, where applicable; 8.2.7. carry out, conscientiously all such functions and duties as are reasonable upon the instruction of the Member; 8.2.8. observe the standards and principles set out by the Club, from time to time, in the conduct of its business; and 8.2.9. abide by the current and future customs, rules, policies and regulations of the industry, including respecting membership holder’s right to privacy and complying with the provisions of the POPI Act which regulates the manner in which the Club collects, processes, stores, shares and destroys any personal information which you have provided us. 8.3. The Grower: 8.3.1. On and from the commencement date, the Grower will provide the cultivating expertise as per the Member’s preference. 8.3.2. The Grower will not purchase the seed/s on behalf of the Member but will, upon request by the Member, offer advice on the type of seeds to be procured for the Member’s desired personal use. 8.3.3. Upon delivery of the seed/s by the Member, the Grower will undertake to plant the seed/s and commence with the photographic and Grow Diary process of record keeping as required by INFUSION (Pty) Ltd. 8.3.4. The Grower acknowledges that the Member is and will remain the sole lawful owner of the seed/s, crop/s and harvest/s produced on the Member’s assigned patch throughout the membership period. 8.3.5. The Grower acknowledges that the cultivation of the crop/s for the Member is strictly for the private and personal use of the Member. 8.3.6. The Grower undertakes to supply the membership services promptly, diligently and in a professional manner, in accordance with the practices and high professional standards used in performing services similar to the Services herein. 8.3.7. The Grower acknowledges that the Member has a limited visitation right to the Member’s Leased Blockchain and supervised visitation thereto must be pre-arranged with INFUSION (Pty) Ltd. 9. WAIVERS 9.1. The Club does not warrant any specific level of strength, potency or concentration in respect of the Cannabis. 9.2. The Member hereby indemnifies the Club 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 Member, or any rights and obligations contained in this Agreement, specifically the provision by the Club of the Services, direct or indirectly, and whether such claim arose as a result of any negligent conduct on the part of the Club. 9.3. Neither Party shall be liable for any consequential, indirect, general or punitive damages arising in terms of this Agreement. 10. RELATIONSHIP BETWEEN THE PARTIES 10.1. The Parties record that the Club shall fulfil its obligations in terms of this Agreement as an independent contractor, and not as a labour broker, employee or agent of the Member. 10.2. 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. 11. LIABILITY 11.1. The use of the services provided by the Club is entirely at the Member’s own risk and the Member assumes full responsibility for any damage or loss resulting from the use of the Services. 11.2. The Club cannot be held liable for any inaccurate information published on the Member’s Information Sheet and/or any incorrect costing displayed on the Member’s Information Sheet, save where such liability arises from the gross negligence or wilful misconduct of the Club, its employees, agents or authorised representatives. 11.3. The Club shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the Member’s use of, or reliance upon, the Services contemplated in this Agreement. 11.4. The Member hereby indemnifies the Club, 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 Member utilising any Cannabis to deal or trade in or distribute or acquire any illegal substance or product, and the Club shall not be in any way responsible for any legal action or criminal prosecution which a Member may face as a result of any misuse of the Services or Cannabis. 11.5. The Member’s indemnification of the Club shall cover all legal actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be brought against the Club or incurred or become due and payable by the Club arising from or in respect of Services rendered in respect of the Member’s Cannabis, including but not limited to, any claims arising out of the Services provided by the Club to the Member. 11.6. Whilst the Club shall do all things reasonably necessary to protect the Member’s rights to privacy, including compliance with all applicable local laws, the Club cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosure of the Member’s personal information, whilst in the Club’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 Club, its employees, agents or authorised representatives. 12. SHIPPING AND DELIVERY 12.1. The Club will offer delivery of the Cannabis by courier directly to the Member’s home or office, anywhere in South Africa. Delivery details including the delivery fees of the order will be supplied to the Member. 12.2. Cannabis delivery fees are not included in the Membership Fee. Delivery fees will be charged separately and in accordance with the courier Club’s service fee. The courier Club will be responsible for delivery of the Cannabis to the Member’s specified geographical area. The Member’s geographical area will be selected by the Member on the Application. 12.3. To the extent that the Application accepts the Member’s order, the Club will notify the Member of the date of the expected delivery, which expected delivery may be agreed upon as between the Club and the Member. 12.4. The Club shall notify the Member in the event that the Club is unable to deliver the Cannabis during the Delivery Period. 12.5. In the event that the Member’s Cannabis cannot be delivered in any given month for any reason whatsoever, the Club shall communicate this to the Member as soon as reasonably practical. Where the order was cancelled as a result of events within the Club’s control, the Club shall reimburse the Member all amounts paid by the Member for the month in which no delivery could take place, subject to compliance with any applicable cancellation policies and procedures applicable from time to time. To the extent that delivery of any Cannabis became impossible for any reason beyond the control of the Club, the Club shall not be obliged to refund the Member the Membership Fee for the month in question but may elect to do so in its sole and absolute discretion. 12.6. Prior to delivery of the Cannabis, the Member will receive an email notification confirming delivery at an address nominated by the Member. Should the Member fail to respond to the email notification, the Club will assume that no change in address has been made and the Club will deliver the Cannabis to the address nominated by the Member. 12.7. The Club’s obligation to deliver the Cannabis to the Member is fulfilled upon delivery of the Cannabis to the physical address nominated by the Member for delivery. The Club 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 Member or the Member has taken receipt of their cannabis or other Member’s cannabis shared with them. 12.8. Should the Member provide the Club with incorrect address details for the delivery of the Cannabis, the Member will be liable for a double fee payable to the courier service which will be debited from the Member’s account. 13. RETURNS AND REFUNDS 13.1. In the event that the Club accidentally provides the wrong Cannabis to the Member, or if the Cannabis is not as described on the Information Sheet, the Member shall be entitled to notify the Club and the Club shall use its Best Endeavours to correct the error, based on the Member’s complaint, at no additional charge. 13.2. The Club shall take all reasonable steps to ensure that the Cannabis is delivered by the Club without any defects and in acceptable packaging. 13.3. Should the Member receive damaged, unusable or poor-quality Cannabis, the Member shall notify the Club 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 Club 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 Member’s property. 14. GENERAL 14.1. This Agreement is concluded solely between the Club and the Member. 14.2. The Member is not permitted to cede, sell, transfer, donate or alienate its membership in any way or form to another person, or use the same action in order to sell, distribute or deal in the cannabis in any way or form. 14.3. To the extent that a Member cancels its membership with the Club at any time, the Member shall remain liable for all Membership Fees up until cancellation of the order, as well as all reasonable costs incurred by the Club in providing the Services which it has yet to recover. 14.4. To the extent that that the Club is unable to provide the requisite volume of Cannabis on behalf of the Member as per the Information Sheet for any reason whatsoever, the Club may, in its discretion, supplement the shortfall of Cannabis from its own stocks. 14.5. The Club may accept an order depending on the correctness and accuracy of the information provided by the Member, and upon receipt of payment and/or payment authorisation by the Club of the relevant Membership Fee. 14.6. The Club 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 Member 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. 15. CONFIDENTIALITY 15.1. The Grower, subject to the Confidentiality and Intellectual Property provisions contained in Annexure B (“Code of Conduct”), undertakes to keep the identity of the Member, the location of the Member’s Leased Blockchain and the contents of the Grow Diary confidential throughout the period of membership and indefinitely thereafter. 15.2. The Grower undertakes to not approach the Member directly to offer the services of the Grower for the Member’s personal use not covered by the provisions of this Agreement, thereby circumventing INFUSION (Pty) Ltd. In the event that the Grower circumvents INFUSION (Pty) Ltd, the Grower will be liable for liquidated damages as set at R 100 000.00 (One Hundred Thousand Rand) incurred by INFUSION (Pty) Ltd as professionally quantified, including but not limited to loss of income, reputational damage and legal costs. 16. TERMINATION 16.1. The Club will use reasonable endeavours to maintain the availability of the Application, except during scheduled maintenance periods, and is entitled to discontinue providing the Application services or any part thereof with or without notice to the Member. 16.2. The Club may, in its sole and absolute discretion, terminate the Agreement if the Member fails to comply with any of the provisions contained herein. 16.3. The Member hereby agrees that the Club will not be liable to the Member in the event that it chooses to suspend, modify or terminate the Application other than for processing any transactions entered into by the Member prior to such time, to the extent possible. 16.4. Should the Member fail to comply with its obligations under this Agreement, including any incident involving payment of the Membership Fee, this may lead to a suspension and/or termination of the Agreement without any prejudice to any claim for damages or otherwise which the Club may have against the Member. 16.5. The Club is entitled, for purposes of preventing suspected fraud and/or where it suspects that the Member has created multiple profiles to take advantage of a promotion intended by the Club to be used once-off by the Member, to blacklist the Member, refuse to accept or process payment on any order, and/or to cancel any order concluded between the Member and the Club, in whole or in part, on notice to the Member. 16.6. The Club shall only be liable to refund the Member 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. 16.7. The Member may, at any time, choose to terminate use of the Application, with or without notice to the Club. 17. BREACH 17.1. Should either Party: 17.1.1. fail to meet any of its payment obligations in terms of this Agreement, as and when such payment becomes due; 17.1.2. terminate or attempt to terminate this Agreement prior to the discharge of all of the Member’s obligations in terms of this Agreement; 17.1.3. commit any fraudulent or wilful misconduct in the performance of this Agreement; 17.1.4. 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 17.1.5. 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 Club calling on the Member to remedy; 17.1.6. 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. 18. VARIATION, INDULGENCE AND WAIVER 18.1. This agreement constitutes the whole of the agreement between the parties relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the parties. 18.2. This agreement, along with all annexures attached hereto, contains all the terms and conditions agreed to by the parties. The parties acknowledge that there are no understandings, representations, other terms or conditions, whether oral or written, and whether express or implied which induced either party to this agreement to entering into the agreement, other than those set out herein. It is hereby further specifically recorded that the Member is not bound by any warranties, representations, undertakings or the like, whether express or implied, with regard to the membership, membership model, the grower service or any other service provided herein to the Member, save those set out in this agreement and the annexes hereto. The Member acknowledges that it is fully acquainted with all of the affairs of the business. 18.3. The Member hereby waives any right of rectification in regard to this agreement as well as reliance on the benefits of the contra preferentum rule, the scope and meaning of which the Member hereby acknowledge to be fully acquainted with. 18.4. No act of relaxation on the part of the parties in regard to the carrying out of any of the obligations in terms of this agreement shall prejudice or be deemed to be a waiver of any of the rights in terms hereof, and no waiver of any of the terms and conditions of this agreement will be binding for any purpose unless expressed in writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. 18.5. No concession or any other indulgence which may be granted by INFUSION (Pty) Ltd to the Member whether in respect of time for payment or otherwise in regard to the terms and conditions of this Agreement shall be deemed to be a waiver or estoppel of or affect, prejudice or derogate from the rights of INFUSION (Pty) Ltd under this Agreement. 18.6. The liability of the Member/s (if more than one) to INFUSION (Pty) Ltd for payment of Membership fees and/or costs of cultivation and fulfilment of the other obligations herein imposed the Member, shall be joint and several.I agree to this contractBranchInfusion Sea PointInfusion DurbanvilleInfusion On LongInfusion ExpressInfusion ClaremontInfusion BellvilleInfusion Castle StreetInfusion CrestaInfusion GezinaInfusion StellenboschInfusion GardensInfusion Century CityCannaXXXjane's Edibles Note: It looks like JavaScript is disabled in your browser. Some elements of this form may require JavaScript to work properly. 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