Terms and Conditions

General information

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the BioCann website (the “Service”) operated by BioCann (“us”, “we”, or “our”).

This website, web-based solution and/or application software, including all related services, content, databases and information provided in relation thereto (hereafter generally “Services” or “Site/s” respectively and as appropriate) can be accessed worldwide; however, the information on the Site is related to BioCann. Where not specifically set out, any disclaimers and these Terms and Conditions shall be governed by the laws of South Africa within the legal jurisdiction of South Africa.

By using the Sites and Services, you confirm your consent to be bound by these Terms and Conditions. If you do not agree, BioCann is not willing to provide you with access and you should immediately discontinue your use. Further, BioCann may modify the Terms and Conditions at any time in its sole discretion and without prior notice to you. Such changes will be posted online and will be effective upon posting. You should review these Terms and Conditions periodically to ensure familiarity with its then-current form and continued acceptance thereof by your continued use of the Sites and Services.

Certain other engagements with BioCann shall be governed by terms and conditions that may not be contained herein and, consequently, set out separately and clearly.

The content and information included in the Sites are provided by BioCann and its third-party suppliers (collectively, the “Information Providers”). Any fact, assessment, analysis, forecasts, opinion and other information (collectively “Information”) released by BioCann or any director, officer, employee or representative hereof, whether provided on BioCann’s Sites, on third party sites, in marketing materials, newsletters, in individual emails and letters, in lectures, individual conversations or in any other form of written or verbal communication (collectively “Publication/s”) are provided for informational and/or marketing purposes only. Unless specifically stated, no Publication of BioCann should be construed as an offer (or solicitation of an offer) to buy or sell any product or participate in any particular service; (collectively “Offer/s”). Notwithstanding anything to the contrary (not even if specifically stated), no Publication of BioCann should be construed as an Offer in any jurisdiction in which such Offer would be illegal. Any such perceived Offer will not be honoured by BioCann.

Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Sites, your mobile or other service provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges or SMS charges). BioCann cannot be held responsible for these charges.

No representation, no warranty

BioCann uses reasonable efforts to obtain information from reliable sources but all Publications are provided on an “as is” basis without representation or warranty of any kind (neither express nor implied) and BioCann disclaims liability for any Publication not being complete, accurate, suitable and relevant for the recipient. BioCann gives no guarantee against, and assumes no liability towards, any recipient for a Publication being outdated. If a Publication becomes outdated, BioCann shall be under no obligation to update the Publication; inform the recipients of a Publication; or, perform any other action. Any Publication may be personal to the author and may not reflect the opinion of BioCann. BioCann reserves the right at its sole discretion to withdraw or amend any Publication or Information provided at any time without notice (prior or subsequent).

Legal Regulatory Restrictions

BioCann’s Publications may be accessed worldwide. The Information provided in such Publications is, however, only intended for use by recipients located in countries where such use does not constitute a violation of applicable legislation or regulations. None of the products and services referred to in the Publications of BioCann are available to recipients residing in countries where the provision of such products and services would constitute a violation of mandatory applicable legislation or regulations.

It is the sole responsibility of any recipient employing or requesting a product or service of BioCann to comply with all applicable legislation or regulation specific to them.

Use of the Site/s and Services

You shall not use the Sites or Services (including Publications) for any unlawful or unauthorised purpose.

BioCann has made its Site/s and Services available to you for your non-commercial use unless otherwise agreed in writing. You may print or download material on the Site for your personal, non-commercial use provided that it is not in contravention of these Terms and Conditions.

We may modify, withdraw or deny access to the system at any time, including where it is found to be subjected to any unlawful or unauthorised use or abuse.

It is prohibited to use, store, reproduce, display, modify, sell, publish, transmit and distribute, or commercially exploit the Sites or Services without prior written permission of BioCann and/or any third-party
Information Provider(s).

BioCann and/or any third-party Information Provider(s) reserve all rights to proprietary information (including, but not limited to, all intellectual property rights such as; patents, trademarks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws,) subsisting in or relating to the Services.

If you are provided with login details to access the Sites or Services, you must keep these details (including, your username and password) confidential and not allow other people to use it. Consequently, you accept full responsibility for all activities that occur under your login details.
BioCann may refuse to provide access to the Sites or Services if, where necessary, we are unable to verify any information that you provide to us.

You agree that the following actions shall be material breaches of these Terms and Conditions:

• signing in as, or pretending to be, another person;
• transmitting material that violates, or could violate, the intellectual property rights or privacy of others;
• sending, receiving, introducing, displaying, accessing websites, printing or otherwise disseminating material that is strictly prohibited. Prohibited material includes but is not limited to content that is sexually explicit, profane, obscene, harassing, fraudulent, racially offensive, defamatory, destructive programs (i.e. viruses or self-replicating code) or which is otherwise unlawful;
• using interactive services in a way that is intended to harm, or could result in harm, to you or to other users of the Site or Services, or, gathering information about others without obtaining their prior written consent; and
• you also agree that any use of your access details shall be regarded as if you were the person using such information.

Third Party Services

Persons or entities not belonging to BioCann may advertise on the BioCann website through links, banners or otherwise. BioCann shall not be held responsible or liable for the offerings, information or acts of any such third party. If a user of BioCann’s Sites decides to act upon any such advertising, such user does so entirely at their own risk with such third party as their counterpart.

Limitation of Liability

Neither BioCann nor any of its third-party Information Providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this Agreement or resulting from the use or the inability to use or access the Sites or Services, including but not limited to damages for loss of profits, use, data, damage to computer equipment and computer systems caused by virus, malware and/or any other harmful computer coding, or other intangible damages, even if such party has been advised of the possibility of such damages.

Although BioCann endeavours to ensure the system is secure and updated regularly, BioCann cannot be held liable for any loss, harm or damage suffered as a result of the use of the system or users who fall subject to hacking, data loss etc. We do not guarantee that the system will be available all the time or at any specific time, that access will be uninterrupted, that there will be no delays, failure, errors, omissions or loss of transmitted information.

BioCann has taken all reasonable steps to reduce the risks of viruses and other interferences or vulnerabilities but cannot certify that the system is immune to all viruses or defects. BioCann therefore does not accept any liability for any damage suffered or loss sustained as a result of any transmission, use of the system, its effect on or compromising of any other systems and/or device. You have sole responsibility for adequate protection and backup of any data or information.

If BioCann should, at any time and for any reason, become liable for the loss of any person and/or entity, including, without limitation, if any provision of this disclaimer is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of BioCann shall be limited to such person’s and/or entity’s duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and/or consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs (including legal costs), or damages for any other indirect loss.

Privacy and use of Personal Data

Your privacy is very important to BioCann and we will use reasonable efforts in order to ensure that any information, including personal information, provided by you or which is collected from you or third parties on BioCann’s behalf, is stored in a secure manner as required by relevant data protection laws applicable to BioCann. For further information, please see BioCann’s Privacy Policy.

By agreeing to the Terms and Conditions you acknowledge and agree that BioCann, in the interest of security, reserves the right to record all telephone conversations, internet conversations (including chat) and any meetings between you and BioCann. You furthermore agree that BioCann reserves the right to monitor your use of the Services on the website and that the resultant information may be used by BioCann for its internal business purposes.

Copyright

All content of the Site/s are the property of BioCann unless otherwise stated (for instance, data supplied by a third party). For pages where no third-party rights are listed (in the copyright statement at the bottom of each page), the following rules apply:

• you may print the pages and store one copy on your PC for personal use.
• You may not distribute the information to others, but you may quote opinions and information from
  the Site if you include a clear reference to BioCann and to the website and to the disclaimer available on bio-cann.com.
• You may also link to any portion of the site if the link clearly states the name of BioCann and if it opens the page in a new browser window and not in a foreign frameset. No other uses of the Sites and/or its content other than those described above are allowed or may be inferred unless expressly permitted in writing by BioCann.

Contact Us 

If you have any questions about these Terms and Conditions, please contact us at:

• Email: info@bio-cann.com
• Phone:  +27 61 700 0007

Changes to These Terms and Conditions

We reserve the right to update or modify these Terms and Conditions at any time. Any changes will be posted on this page, and your continued use of our Services signifies your acceptance of the updated Terms and Conditions.

Last Updated: 1 June 2024