Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.


1. Introduction

1.1  By visiting www.apexhealth.co.za (‘APEX Website’) Users acknowledge that these Terms and Conditions of Use become legally binding on them and Users warrant that they are of an age older than 18 years and that they are fully understanding that the Products and Services offered by APEX relate to Products which include cannabis, medical cannabis and extracted by-products thereof.

1.2  Prior to accessing the APEX Website and utilising the APEX products, Users should seek the advice of a qualified medical professional relating to questions around any medical condition and the use of the APEX products in relation thereto.

1.3  Reliance on any Information provided on the APEX Website relating to the use and benefits of Cannabis and extracted by-products thereof,  is solely at a Users own risk and information provided relating to the benefit of products including cannabis and extracted by-products thereof, is not intended to be a substitute for professional medical advice and / or treatment and the like.  

1.4  Information available on or through use of the APEX Website, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and the like, links and references and other materials, is provided for informational purposes only. 

1.5  APEX does not recommend or endorse any specific physicians, products, tests, procedures, opinions or other information that may be mentioned on the APEX Website.

1.6  The APEX Website is owned by Apex CBD (PTY) Ltd t/a Apex who reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the APEX Website. 

1.7  These Terms and Conditions of Use govern your access to and use of the APEX Website, any associated portals, mobile applications, channels and software that link to or otherwise reference these Terms and Conditions of Use, and in addition thereto,  any services, links, features, functions, content, tools and media contained or offered therein.

1.8  Users acknowledge that by visiting the APEX Website they legally  bind themselves to these Terms and Conditions of Use, and if they do not  accept and agree to these Terms and Conditions of Use, they may not access or use any of the Sites or Services or create an account or user profile and the like.

2. Privacy

2.1  Provisions relating to Privacy are embodied in the APEX Privacy Policy. 

2.2  By accessing the APEX Website, Users agree to the provisions of the APEX Privacy Policy, which may be updated from time to time.

2.3  It is the responsibility of Users to ensure that they peruse the provisions of the APEX Privacy Policy.

3. Disclaimer

Users understand and agree that:

3.1  Use of the APEX Website is at their own risk. 

3.2  The APEX Website is provided on a strictly ‘as is’  basis and APEX does not warrant that the APEX Website is error free; that use thereof remains uninterrupted and / or that the information provided on the APEX Website is accurate and reliable. 

3.3  APEX shall not be held liable for the inability to use the APEX Website, to perform any transaction on the APEX Website and the like.

3.4  The downloading of any material from the APEX Website shall be at a Users own risk, as APEX does not warrant that any material on the APEX Website is free of viruses, destructive code and the like and the User is responsible to have its own security measures in place.

4. Use

4.1  Users are only permitted to use the APEX Website for their own personal, non-commercial purposes and in line with these Terms and Conditions of Use and all additional Policies. 

4.2  Users agree that prohibited use will not be conducted, prohibited use including but not limited to:

  1. 4.2.1  Interference with the proper working of the APEX Website;
  2. 4.2.2  taking action that imposes or may impose an unreasonably large load on the APEX Website infrastructure; or
  3. 4.2.3  bypassing any measures placed to restrict access to the APEX Website.

5. Usernames and passwords

5.1  If access to the APEX Website requires the use of a login name and password, Users are solely responsible and liable for any use and misuse of their individual login names and passwords and for all activities that occur under said login names and passwords. 

5.2  Users login names and passwords must be kept confidential and must not be disclosed to any third party and any loss or theft of login details and password information must be made known to APEX as soon as possible after the User becomes aware thereof.

5.3  Access to said login portal may be suspend and / or cancelled at any time, at the discretion of APEX, without any notice to the relevant User.

6. Registration and accuracy of information

6.1  Upon registration of a User on the APEX Website, the User undertakes to provide true and complete information and if information is to change, the User will promptly provide an update of information to APEX. 

6.2  A User agrees that any User account is non-transferable and any rights to said account shall terminate upon a User’s death.

6.3  APEX does not warrant accuracy of any information on the Apex Website and reserves the right to amend said information if so required and without notice.

7. Compliance

7.1  In addition to complying with these Terms and Conditions of Use, Users agree to use the APEX Website and/or information and / or materials embodied therein, for lawful purposes only and in a manner consistent with relevant laws and regulations of applicable jurisdictions.

7.2  Use of the APEX Website in a manner in which is contrary to laws and regulations of jurisdictions of relevance, and which has the effect of (i) voiding these Terms and Conditions of Use or (ii) amount to illegal access of the APEX Website, is unauthorised.

8. Links

8.1  Any link used on the APEX Website is provided for the convenience of Users only, and any such link is accessed at a User’s own risk.

8.2  The appearance of a third party link on the APEX Website shall not be construed as a relationship between the third party and APEX and APEX does not endorse, certify, recommend and /or cannot be held responsible for any products and / or services offered by that third party.

8.3  A link to the APEX Website shall be allowed on a third party site with the written permission of APEX, which will require the required license of use of any names, slogans and/or trade marks of APEX, any use of the APEX link and the slogans, trade marks and names of APEX, without written permission from APEX, shall be strictly prohibited. 

8.4  APEX shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for the APEX Website including, but not limited to, any viruses, failures of hardware and software of any kind, lost or unavailable network connections and computer transmissions.

8.5  APEX reserves the right to terminate permission to make reference to the APEX Website, without notice for various reason including but not limited to use in any offensive, unlawful, defamatory manner which would adversely affect APEX’s good name, reputation and / or goodwill.

9. Intellectual property

9.1  For purpose of these Terms and Conditions of Use, Intellectual property includes all trade marks, copyright, patents, know-how, trade secrets and registered designs, whether registered and /or unregistered and including, without limitation, information, text, content, videos, software, photos, graphics and sound which are proprietary to and / or licensed to APEX.

9.2  All rights remain reserved in relation to any Intellectual Property embodied in the APEX Website and no use (ie: copying / reproduction, modification, publication, transmittal, sale and / or exploitation, in whole or in part, of content embodying Intellectual Property of APEX) thereof may be made by Users without the prior written consent of APEX.

9.3  Subject to your compliance with these Terms and Conditions of Use , APEX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the APEX Website. This license does not include:

  1. (i) any commercial use of the APEX Website ; 
  1. (ii) any resale of content of the APEX Website;
  2. (iii) any misuse of Intellectual Property Rights of APEX and/ or third party Intellectual Property Rights licensed to it;
  3. (iv) any derivative use of any of the APEX Website and its contents; or
  4. (v) any use of data gathering and extraction tools.

9.4  The license of Use granted by APEX shall immediately terminate should you fail to comply with these Terms and Conditions of Use.

10. Social media

10.1  APEX may utilise social media channels to interact with Users, provide educational resources to the public and the like.

10.2  APEX shall endeavour to protect all Users and their personal information as far as possible, and requires that all Users conduct use of the APEX Website in a respectful manner and interact appropriately with APEX and any other Users.

11. Indemnity

11.1  Users  indemnify, defend and hold APEX  harmless from and against any and all claims, liabilities, damages, losses or expenses, judgements, penalties, fines and claims arising out of:

  1. 11.1.1  User’s misuse of the APEX Website;
  2. 11.1.2  User’s misuse of third party intellectual property;
  3. 11.1.3  breach of these Terms and Conditions of Use and or relevant policies;
  4. 11.1.4  User’s act or omission which causes loss / damage to the APEX Website; use for illegal purpose and use to obtain prohibited access.

12. Limitations

12.1  APEX shall not be liable for any  loss related to these Terms and Conditions of Use, the use of the APEX Website, the access / use of another site accessible from the APEX Website, any purchase of goods, the losses including but not limited to direct, indirect, consequential, punitive, special and / or compensatory losses, damages for loss of income, loss of data and / or information, damage to property, notwithstanding the cause and / or circumstances of the loss.

 

13. Dispute resolution

13.1  Users acknowledge that any dispute arising out of these Terms and Conditions of Use or the breach, termination, enforcement, interpretation or validity thereof, or the use of the APEX Website will be settled by binding arbitration. in accordance with the Rules of the Arbitration Foundation of South Africa (“AFSA”).

13.2  The Arbitration proceedings shall take place in Johannesburg.

13.3  The language used during the arbitral proceedings shall be English.

13.4  Should APEX and the User fail to agree in writing on an arbitrator within ten (10) days after arbitration has been demanded, the arbitrator shall be nominated at the request of any one of the Parties to the dispute, by AFSA.

13.5  APEX and the User agree that decision of the arbitrator shall be made on an urgent basis and shall be final and binding and may be made an order of court.

13.6  The cost of the arbitration shall be borne in accordance with the arbitrator’s decision thereon.

13.7  This clause shall not preclude APEX or the User from applying to the relevant division of the Court of the Republic of South Africa or such other court that may have appropriate jurisdiction, for interim or urgent relief which requires such application.

14. Entire agreement

14.1  These Terms and Conditions , in addition to any applicable Terms of the Privacy Policy and any additional relevant APEX policies shall constitute the “Entire Agreement” between the User and APEX and shall become binding on the User when it accesses the APEX Website.

14.2  By accessing the APEX Website, the User acknowledges that the Entire Agreement is legally binding on it and these Terms supersede and replace any and all prior Terms for any of the APEX Website.

15. Reservation of rights

15.1  APEX’s failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

15.2  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

16. Governing law

16.1  These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Republic of South Africa.

17. Feedback and contact information

17.1  For questions and / or feedback about the APEX Website, please feel free to contact the APEX Customer Care department at +266 5928 3088 or info@apexhealth.co.za