Terms of Service
Your use of the BeBlunt Store indicates that You (the “User”) have understood and agree to be bound by the terms of this Agreement. You hereby confirm that you are over the age of 18, or You have obtained the necessary consent from Your parent, guardian or other Competent Person to visit, use or transact on the BeBlunt Store.
If You do not agree to the terms of this Agreement, please do not visit or use the BeBlunt Store. If You wish to register as a User to make use of the BeBlunt Store and note, however, that these Terms apply to Your access to and use of the Store once You register an account as a User.
This Agreement was last revised on 4 September 2020.
You are advised to regularly visit beblunt.co.za for any amendments or updates.
In this Policy the following definitions apply:
1.1. “Agreement” shall mean this agreement together with any schedules or amendments made from time to time in accordance with the provisions of this Agreement;
1.3. “Data Protection Laws” shall mean all South African legislation and regulations protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of personal information;
1.4. “Analytics” shall mean the collection, discovery and interpretation of meaningful observations, occurrences or patterns in User behaviour on the BeBlunt Store. Analytics do not contain any Personal Information;
1.5. “BeBlunt” means Canna Be Blunt (Pty) Ltd (Reg No: 2012/190320/07);
1.6. “BeBlunt Products” means the various products available for purchase on the BeBlunt Store, including but not limited to: CBD edibles, teas, oils and other merchandise;
1.7. “The BeBlunt Store” means the BeBlunt Store accessible at www.beblunt.co.za, owned and operated by BeBlunt;
1.8. “CBD” means cannabidiol, a type of cannabinoid. Cannabidiol is a non-intoxicating compound found in the cannabis plant;
1.9. “Competent Person” shall mean any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child;
1.10. “Data Subject” shall mean any natural or juristic person in respect of whom Personal Information relates;
1.11. “Personal Information” shall mean any information relating to an identified or identifiable natural or juristic person (‘data subject’); an identifiable natural or juristic person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.12. “Third-Partyie’s” shall mean any other natural or juristic person that is not You, the User, or Ourselves;
1.13. “User’s” shall collectively refer to both Guest Users and Registered Users who visit and/or transact on the BeBlunt Store:
1.13.1. ”Guest User’s” shall refer to persons who visit and/or transact on the BeBlunt Store, without registering an account on the BeBlunt Store;
1.13.2. ”Registered User’s” shall refer to persons who register an account on the BeBlunt Store when visiting and/or transacting on the BeBlunt Store;
1.14. “User Data” shall collectively refer to all data (including Personal Information) provided and/or generated by Users who visit, register and/or transact on the BeBlunt Store. User Data includes but is not limited to: account details; order history and addresses).
- THE BEBLUNT STORE
2.1. The BeBlunt Store is an online supplier of a variety of CBD related BeBlunt Products. Users of the BeBlunt Store may access and make use of the BeBlunt Store to view and purchase various BeBlunt Products, as well as manage their User Data.
2.2. We reserve the right to add, modify or discontinue the BeBlunt Store or any functionality thereof at Our own discretion and without further notice to You.
2.3. If You are dissatisfied with any portion of the BeBlunt Store, Your sole and exclusive remedy is to discontinue Your use of the BeBlunt Store.
- CREATION AND REGISTRATION OF USER ACCOUNTS
3.1. Guest Users are not required to register an account in order to transact on the BeBlunt Store. However, in order to register an account on the BeBlunt Store, Users must visit the ‘My Account’ page where they will be prompted to enter a username and email address. Thereafter, a password will be automatically generated and sent to the email provided.
3.2. Registered Users may change their username, display name, email address and password by visiting the ‘My Account’ page. Registered Users may also reset their password by following the password reset procedure provided for on the ‘My Account’ page.
3.3. You are responsible for providing registration information in the online form that is true, accurate, current and complete at all times. Information found to be false and misleading may result in the suspension or termination of Your account and a refusal for all current and future Use of the BeBlunt Store.
3.4. By registering on the BeBlunt Store, You, as a User, agree to refrain from the following:
- selecting or using a name or e-mail address of another person or company with the intent to impersonate that person or company;
- using a name or e-mail address subject to the rights of any person without authorisation;
- using a name in violation of the intellectual property rights of any person or company; and
- using a name that We, in Our sole discretion, deem inappropriate or offensive.
3.5. You undertake not to disclose Your logon credentials to any Third-Party so as to ensure the security of the account. Security of the account is Your responsibility and We disclaim all liability with regard thereto. You are responsible for all activities (whether by Yourself or by others) that occur under the account. We may require You to change the logon credentials at various times and You agree that You will comply with such requests. You will notify Us immediately of any unauthorised use of the account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorised use of Your password or account by any other party.
3.6. In the event of the security of Your account being compromised, We reserve the right to suspend the processing of any communications and will immediately deactivate Your logon credentials. You shall refrain from using the BeBlunt Store until communications are received from Us.
3.7. Technical support regarding the use of the BeBlunt Store is only available to registered Users and is provided for in accordance with Clause 14 (“Resolution of Grievances / Request For Support / Feedback”) of this Agreement.
- APPLICABLE RESTRICTIONS
4.1. Access to and use of the BeBlunt Store is governed by the terms of this Agreement and all Additional BeBlunt Store Terms. You may not use the BeBlunt Store for any purpose that is not envisaged in Clause 2 above (“the BeBlunt Store”), or that is unlawful or prohibited by this Agreement or any Additional the BeBlunt Store Terms. Any applicable Additional BeBlunt Store Terms, amended terms, or any other conditions or notices that apply will be made available on the BeBlunt Store and must be read in line with the terms of this Agreement.
4.2. By using or accessing the BeBlunt Store, You undertake to refrain from the following conduct:
- transmitting any worms, viruses, trojan horses, time bombs, crawlers, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the BeBlunt Store and/or any Custom the BeBlunt Store Features, including by using any software, routine or device that will or may interfere with the BeBlunt Store, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
- intercepting any data or Personal Information of any User or Third-Party transmitted on or via the BeBlunt Store;
- uploading, posting, hosting, or transmitting unsolicited email or ‘spam’ messages;
- performing any action that may disable, override or impair the efficient and/or proper operation or working of the BeBlunt Store or any aspect thereof;
- posting content, taking or mobilising action using the BeBlunt Store in a way that infringes or violates any person’s rights or the laws of any jurisdiction;
- storing any content that is illegal on the BeBlunt Store;
- utilising the BeBlunt Store for any illegal or unauthorised purposes; or
- violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
4.3. Unauthorised use of the BeBlunt Store includes engaging personally or permitting a Third-Party to engage in the following activities:
- copying, adapting, modifying, publishing, republishing, distributing or redistributing this the BeBlunt Store or any material on the BeBlunt Store without Our prior written consent or that of the respective owner of said material;
- using any automated data collection, data mining or data gathering methods of any kind in relation to the BeBlunt Store;
- reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the BeBlunt Store;
- making and distributing copies of the BeBlunt Store or allowing such activity by Third Parties on Your behalf; and/or
- creating derivative works of the BeBlunt Store of any kind.
4.4. Unauthorised use of the BeBlunt Store may result in Us instituting a claim for damages against You and/or another User and/or another Third-Party, or seeking recourse under other civil and/or criminal laws of the Republic of South Africa. By using the BeBlunt Store in an unauthorised manner, You and/or another User and/or another Third-Party may be found guilty of a statutory and/or criminal offence.
4.5. Any act or omission which results in a failure to abide by the restrictions set out, as determined by Us in Our sole discretion, will result in the immediate termination of Your User account.
4.6. We are not liable to You nor any Third-Party for any breach of Your obligations under this Agreement and for any consequences arising as a result of such breach, including any loss or damages which You or any Third-Party may suffer.
- ELECTRONIC SIGNATURE
5.1. You agree to be bound by any affirmation, assent, communication or agreement that You transmit through the BeBlunt Store, including but not limited to: any consents You provide to Us:
5.1.1. In order to use the BeBlunt Store or any part thereof;
5.1.2. In respect of any Additional BeBlunt Store Terms; and/or
5.1.3. In order to receive communications from Us solely through electronic transmission.
5.2. You agree that, when in the future You click on “I agree,” “I Consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
6.1. We shall not be held liable for, and hereby disclaim any and all liability arising from Your use or consumption of any BeBlunt Products, or that of any other person whom obtains a BeBlunt Product from You, including any and all medical claims, side effects, incorrect dosages or failed drug tests arising as a result thereof.
6.2. Medical Benefits of BeBlunt Products
6.2.1. Notwithstanding any statements, assertions, descriptions or information contained on, or within, any BeBlunt Products, We make no representations as to the health or medicinal benefits thereof. BeBlunt Products are not intended to diagnose, cure, prevent or treat any disease, or treat any symptoms, whatsoever. You should not rely on this information as an alternative to advice given by a doctor or specialist medical practitioner.
6.2.2. We do not manufacture any BeBlunt Products and accordingly, We do not assume any liability for any manufacturer warranties provided for in any BeBlunt Product. However, We will, where applicable and in accordance with Our Returns Policy, facilitate a return or refund of a BeBlunt Product with one of Our suppliers.
- PRODUCTS AND SERVICES
7.1. We reserve the right, but are not obligated, to limit the sales of BeBlunt Products to any person, geographic region or jurisdiction. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise this right, at Our discretion, on a case-by-case basis.
7.2. We reserve the right to discontinue any BeBlunt Products at any time.
7.3. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the BeBlunt Store is inaccurate at any time, without prior notice to You (including after You have submitted an order).
7.4. Any offer for any BeBlunt Product made on the BeBlunt Store is void where prohibited by the laws of the Republic of South Africa.
8.1. All prices found on the Store includes the relevant taxes.
8.2. Any costs included will be clearly stated.
8.3. All prices and information present on the BeBlunt Store, and any literature derived from it, has been compiled with great care. However, BeBlunt Store does not guarantee all information is accurate or current.
8.4. All descriptions of BeBlunt Products or the pricing thereof are subject to change at any time without notice, at Our sole discretion.
8.5. We shall not be liable to you or to any Third-Party for any modification, price change, suspension or discontinuance of the Service.
- PAYMENT GATEWAY
9.1. We make use of an independent Third-Party payment gateway to process all orders for BeBlunt Products on the BeBlunt Store. We do not process any financial or credit card information of Our Users.
9.2. Users are advised to familiarise themselves with the terms, conditions and privacy practices of the Third-Party payment gateways provided for on the BeBlunt Store before proceeding with a transaction for BeBlunt Products. By using the services of a Third-Party payment gateway, Users understand and agree that use thereof is entirely at their own risk and cost.
9.3. We disclaim all responsibility for, and shall in no way be liable for, the manner in which Your financial and credit card information (including Personal Information) is processed by a Third-Party payment gateway.
- SUSPENSION OF ACCESS TO THE BEBLUNT STORE AND TERMINATION OF USER ACCOUNTS
10.1. Your use and enjoyment of the BeBlunt Store is subject to compliance with the terms of this Agreement. If You breach any terms of this Agreement, or those of any Additional the BeBlunt Store Terms, We shall be entitled, at Our sole discretion, to suspend Your access to the BeBlunt Store, whether temporarily or permanently.
- RETURNS AND REFUNDS
11.1. In accordance with Our Returns Policy, You will find information regarding how We assist You with returning Products and refunds.
- PROTECTION OF PERSONAL INFORMATION
12.2. You are responsible for maintaining the confidentiality of Your username, password and other sensitive information, as well as the Personal Information of any Third-Parties that You may upload and/or Post on the BeBlunt Store.
12.3. By uploading the Personal Information of Third-Parties onto the BeBlunt Store, You warrant that You are legally entitled to do so.
12.4. You are responsible for all activities that occur on Your User account and You agree to inform Us immediately of any unauthorised use of Your User account by email to firstname.lastname@example.org.
12.5. We are not responsible for any loss or damage to You or to any Third-Party incurred as a result of any unauthorised access and/or use of Your User account, or otherwise.
- INTELLECTUAL PROPERTY
13.1. The BeBlunt Store and all the materials contained therein (including but not limited to: computer or software code, scripts, design elements, images, text, drawings, interactive features, graphics, music, sound and voice), are the Intellectual Property of the BeBlunt Store and/or its respective owners and are protected by the national and international intellectual property laws applicable to them. Ownership of all Intellectual Property in the BeBlunt Store remains with Us and/or its Third-Party owner/s. There is no transfer of Intellectual Property and You are not authorised to use any such Intellectual Property without prior written consent from Us, or in accordance with a license duly granted to You.
13.2. Your Use of the BeBlunt Store must respect Our Intellectual Property, and the Intellectual Property of other Third-Parties, strictly in accordance with the terms of this Agreement or any other applicable terms of relevant Third-Parties.
13.3. We reserve the right, at any time and without notice, to suspend, cancel, or terminate Your right/s to access and use the BeBlunt Store in the event of:
13.3.1. a breach of any of the terms of this Agreement;
13.3.2. a breach of any of the terms of any Additional the BeBlunt Store Terms; or
13.3.3. a violation (whether repeated or not) of any Intellectual Property rights belonging to Us or another owner.
13.4. Any unauthorised modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by e-mail or other electronic means) any Intellectual Property in and the BeBlunt Store, without prior written consent from Ourselves or the owner of such Intellectual Property, constitutes a breach of intellectual property. In such cases, We furthermore reserve all of Our rights in law to pursue criminal and/or civil action against You.
13.5. You indemnify and hold Us harmless for any and all intellectual property infringement claims that may arise for any activity that occurs through Your account, or that occurs jointly through Your account and that of one or more other Users. You will be solely responsible for any and all damages resulting from any infringements of copyrights, proprietary rights or any other harm arising from Your use of the BeBlunt Store.
13.6. If You believe that any of Your intellectual property rights have been infringed, please send an email to: email@example.com.
- RESOLUTION OF GRIEVANCES / REQUESTS FOR SUPPORT / FEEDBACK
14.1. Any grievances associated with Your use of the BeBlunt Store, or any other feedback of any kind, shall be reported to firstname.lastname@example.org.
14.2. Any request for support may be made by sending an email to email@example.com detailing Your technical issue, describing Your device and operating system, and attaching any other relevant resources to assist a BeBlunt Store representative in resolving Your technical issue.
14.3. We undertake to respond to requests for technical support no later than 3 (three) business days from receipt of such requests. However, where a request is received on a Friday; Saturday; Sunday; public holiday; or any working day prior to a public holiday, the BeBlunt Store will respond to the request during the course of the following working day.
16.1.1. You expressly agree and understand that Your Use of the BeBlunt Store is done at Your own risk and discretion. Accordingly, You will be solely responsible for any damage to Your computer hardware, computer software, services or loss of data that results from Your use of the BeBlunt store or the download of any information from the BeBlunt Store.
16.2.1. The BeBlunt Store is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement. We make no warranty that the BeBlunt Store will meet Your requirements or that the BeBlunt Store will be available and uninterrupted, nor do We make any warranties as to the results that may be obtained from Your use of the BeBlunt Store.
16.2.2. We do not warrant that the quality of any BeBlunt Products or other material purchased or obtained by You, from the BeBlunt Store, will meet Your expectations.
16.3.1. We do not make any warranties as to the accuracy, completeness or reliability of any information made available on the BeBlunt Store, including but not limited to any BeBlunt Product: names; descriptions; specifications; ingredients; pricing; discounts; and/or stock availability, as well as any User Data or other information resources such as blogs, guides or educational resources. Further, We do not make any warranties that defects on the BeBlunt Store will be corrected.
16.3.2. We do not make any warranties as to the colours, sizes or any other visual depictions contained in any BeBlunt Product images that appear on the BeBlunt Store.
- LIMITATION OF LIABILITY
17.1. WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
17.2. To the extent permitted by law, BeBlunt, nor any of its parents, directors, officers, employees, representatives or others involved in creating, sponsoring, promoting, or otherwise making the BeBlunt Store available shall not be liable for:
- business interruption, loss of business profits, computer failure, loss of information/data or other loss arising out of, or caused by:
- Your use of, or inability to use, the BeBlunt Store;
- The suspension (whether temporary or permanent) of access to Your account on the BeBlunt Store – in accordance with Clause 10 (“Suspension Of Access To the BeBlunt Store And Termination Of User Accounts”) of this Agreement; or
- Cyber-attacks, cyber-ransoms or other unlawful cyber conduct, whether caused by a User of the BeBlunt Store or by a Third-Party.
- any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by You, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, contract or delict (wholly or partly) attributable to: (i) the BeBlunt Store; (ii) Your use thereof; (iii) Your consumption of any BeBlunt Products; or (iv) other Third-Parties (including any of their employees, directors, officers, agents, representatives or affiliated companies).
17.3. In no event shall the BeBlunt Store’s entire liability to You, whether direct or indirect, exceed the value of Your transaction on the BeBlunt Store, out of which any liability may arise.
18.1. You agree to defend, indemnify and hold Us, Our officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses, liabilities or expenses including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; including all legal fees, on an attorney and own client scale, resulting from:
- Your use or misuse of the BeBlunt Store;
- Your consumption of any BeBlunt Products, or the consumption of any BeBlunt Products by another person with whom you give, share or gift a BeBlunt Product;
- infringement of the Intellectual Property belonging to any Third-Party;
- failure to ensure the security of Your account; and/or
- violation of any of the terms of this Agreement.
- LINKS TO OTHER WEBSITE
19.1. Our provision of a link to any other website or location (apart from the domain of the BeBlunt Store and its subdomains) is for Your convenience and does not signify Our endorsement of such other sites or location or the contents therein. You agree that We shall have no control over such website/s or the contents thereof. We do not review, and cannot be responsible
- DOMICILIUM, ARBITRATION AND JURISDICTION
20.1. The domain name of the BeBlunt Store has been registered with www.domains.co.za Accordingly, all domain name disputes shall be governed by the .ZA Domain Name Authority (ZADNA) in accordance with South African laws.
20.2. Notwithstanding any other provision of this Agreement, the BeBlunt Store is controlled and operated from South Africa and therefore this Agreement and any disputes arising therefrom shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.
20.3. Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be conducted in English.
20.4. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
20.5. The BeBlunt Store confirms its domicilium citandi et executandi for all purposes associated with the BeBlunt Store, including the giving of any notice, the payment of any sum and the serving of any process, as follows:
Be Blunt (Pty) Ltd
Physical Address: 29 Kent Close, 340 Kent Avenue, Ferndale, 2195.
This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
- VARIATIONS TO THIS AGREEMENT
The BeBlunt Store may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the BeBlunt Store shall be governed by such amended terms and conditions.
This Agreement was last amended on 05/09/2020.
- INFORMATION AND WEBSITE COMPLIANCE
The following table contains further information on the Be Blunt Store.
|Full Name||Canna Be Blunt Pty LTD|
|Legal Status||Private Company|
|Place of Registration||Johanessburg, South Africa|
|Physical Address||Request from firstname.lastname@example.org|
|Postal Address||Request from email@example.com|
|Physical Address for receipt of legal documents||Request from firstname.lastname@example.org|
|Description of services offered||Sale of cannabis related accessories and CBD products|