TERMS AND CONDITIONS

ON LEAF PRIVATE MEMBERS' CANNABIS ASSOCIATION

Effective Date: 07/06/2026

Jurisdiction: Republic of South Africa

Governing Legislation: Constitution of the Republic of South Africa, 1996; Protection of Personal Information Act 4 of 2013 (POPIA); relevant cannabis jurisprudence including Prince v President of the Law Society of the Cape of Good Hope and Minister of Justice and Constitutional Development v Prince

1. DEFINITIONS & INTERPRETATION

1.1. "On Leaf" or "the Association" refers to On Leaf, a private members' association operating within South Africa.

1.2. "Products" refers to processed products, related accessories, and ancillary items made available to Members for private personal use.

1.3. "Member" refers to any natural person who has successfully completed the application process and received confirmation of membership from On Leaf.

1.4. "Associate Member" refers to other registered cannabis clubs or associations that have entered into reciprocal membership agreements with On Leaf, treated as Members for purposes of custodianship transfers but subject to distinct commercial terms.

1.5. "Custodianship" refers to the temporary stewardship of Products allocated to a Member for their private personal use, not constituting sale, commercial transfer of ownership, or supply for profit.

1.6. "Working Days" refers to Monday through Friday, excluding public holidays recognized in the Republic of South Africa.

2. MEMBERSHIP APPLICATION & APPROVAL

2.1. Application Process: Prospective members must complete the online application form providing:

Full legal name and valid South African identification or legal residence documentation
Proof of age (18 years or older)
Residential address and contact details
Confirmation of private use intent
Consent to POPIA processing as detailed in Section 10
Acknowledgment of health risks and safe use practices

2.2. Review Period: Applications shall be reviewed within forty-eight (48) hours of submission, excluding weekends and public holidays.

2.3. Approval or Rejection:

Approval: Successful applicants shall receive confirmation via email with membership activation instructions and unique member identification.
Rejection: Unsuccessful applicants shall receive notification via email specifying the reason for rejection, which may include incomplete documentation, failure to meet eligibility criteria, prior criminal convictions related to drug trafficking, or capacity constraints.

2.4. Membership is Non-Transferable: Individual membership rights may not be sold, assigned, or transferred to third parties. Only Product custodianship may be transferred as provided in Section 5.

2.5. Membership Renewal: Membership is valid for twelve (12) months from approval date and may be renewed subject to continued compliance with these Terms and applicable law.

3. MEMBERSHIP FEES & CONTRIBUTIONS

3.1. Annual Membership Contribution: Members shall pay an annual administrative contribution to cover association governance, compliance monitoring, and operational infrastructure. This contribution is separate from Product-related donations.

3.2. Fee Changes: On Leaf reserves the right to adjust annual membership contributions upon renewal, with thirty (30) days' advance notice.

3.3. Non-Payment: Failure to maintain current membership contributions may result in suspension of Product allocation privileges until arrears are settled.

4. PRODUCT ALLOCATION, QUALITY, PRICING & RETURNS

4.1. Price Lock Guarantee: The price displayed on On Leaf's website at the time of order submission shall constitute the final price payable by the Member, regardless of subsequent price fluctuations. Once an order is confirmed, the Member is protected from price increases for that specific transaction. Price decreases after order placement shall not entitle the Member to refunds.

4.2. Pricing Structure:

Standard Members: Pricing as displayed on the public members' portal
Associate Members: Modified pricing structure as negotiated under reciprocal agreements, accessible only through designated channels

4.3. Availability: Product allocation is subject to availability and cultivation cycles. On Leaf does not guarantee uninterrupted supply of any specific strain, product, or quantity.

4.4. Product Quality & Testing: On Leaf commits to:

Sourcing Products from verified cultivators and processors compliant with applicable health and safety standards
Providing batch-specific testing information where available
Maintaining chain-of-custody documentation for all Products
Ensuring proper storage conditions to maintain product integrity

4.5. Returns & Refunds Policy:

(a) Return Window: Members may return Products within fourteen (14) days of receipt for assessment and potential refund or replacement.

(b) Return Reasons: Returns shall be accepted for the following reasons:

Defective or malfunctioning vape cartridges
Damaged packaging or product upon delivery
Incorrect product shipped (wrong strain, strength, or item)
Quality concerns (leakage, contamination, or failure to meet specifications)

(c) Return Process:

Members must initiate return requests through On Leaf's designated platform within the 14-day window
Products must be returned in original packaging where possible, with batch labels intact
Members must provide photographic evidence and detailed description of the issue
On Leaf shall provide return shipping instructions or arrange collection at no cost to the Member for verified defects
Members are responsible for secure packaging during return transit

(d) Assessment & Resolution: Upon receipt and inspection:

Verified Defects: If On Leaf confirms manufacturing defects, damage, or quality issues, the Member may elect either:
- Full refund of contributions paid for the Product
- Replacement with equivalent Product (subject to availability)
- Credit toward future Product allocations
No Fault Found: If inspection reveals no defect and the Product is in merchantable condition, the Product shall be returned to the Member at their cost, or held for collection for thirty (30) days before disposal.

(e) Exclusions: Returns shall not be accepted for:

Products showing evidence of misuse, tampering, or improper storage by the Member
Partially consumed or opened vape cartridges (except where defect is confirmed)
Products returned beyond the 14-day window
Products transferred to third parties prior to return

(f) Refund Timing: Approved refunds shall be processed within fourteen (14) days of return acceptance and shall be credited to the original payment method or Member account, as elected by the Member.

4.6. Custodianship During Returns: Until return is accepted and processed, the Member retains custodianship and is responsible for safe storage of the Product.

5. TRANSFER OF CUSTODIANSHIP

5.1. Permitted Transferees: Members may transfer custodianship of Products to:

Other individual Members of On Leaf
Associate Members (reciprocal clubs operating under compatible governance frameworks)
On Leaf itself for reallocation purposes

5.2. Associate Member Status: For purposes of custodianship transfers, Associate Members are treated as Members with equivalent rights and obligations regarding Product handling, documentation, and compliance. However, Associate Members operate under separate commercial agreements governing pricing and volume allocations.

5.3. Transfer Process:

Transferring Member must initiate transfer request through On Leaf's designated platform
Product must be in original, unopened, sealed condition unless otherwise agreed in writing
Transfer documentation must specify the Product, quantity, batch information, and receiving Member
On Leaf must verify both parties' active membership status before approving transfer
Both parties must acknowledge the transfer electronically

5.4. Completion of Transfer: Custodianship transfer is complete upon:

Physical handover or verified courier collection with tracking confirmation
Electronic acknowledgment of receipt by the receiving Member
Recording in On Leaf's custodianship registry
Processing of any applicable administrative contributions

5.5. Post-Transfer: Upon completion, the transferring Member is released from custodial responsibility. The receiving Member assumes all obligations under these Terms.

5.6. Prohibited Transfers: Custodianship may not be transferred to:

Non-members or the general public
Minors (under 18 years)
Individuals whose membership has been suspended or terminated
Persons outside the Republic of South Africa

6. ADMINISTRATIVE CONTRIBUTIONS & COST COVERAGE

6.1. Voluntary Contributions: Members may be requested to contribute amounts to facilitate custodianship transfers. These contributions are voluntary donations toward operational costs, not purchase prices, fees for the Products themselves, or commercial consideration.

6.2. Cost Allocation: All contributions collected shall be applied exclusively to:

Processing Costs: Administrative verification, documentation, registry updates, compliance checks, and membership verification
Handling Costs: Packaging, labeling, quality assurance, inventory management, and preparation for transfer
Delivery Costs: Courier services, transportation, insurance during transit, fuel surcharges, and logistics coordination

6.3. Cost Transparency: On Leaf shall provide itemized cost breakdowns upon request. Contributions shall not exceed actual reasonable costs plus a maximum administrative overhead of 15%.

6.4. No Profit Distribution: On Leaf operates on a cost-recovery basis. No director, officer, member, or affiliate derives personal profit from transfer contributions or Product allocations.

6.5. Payment Timing: Contributions must be received before transfer completion unless On Leaf has extended credit terms in writing.

7. PACKAGING, LABELING & DELIVERY

7.1. Packaging Standards: All Products shall be packaged in child-resistant, tamper-evident containers with appropriate labeling including:

"For Private Adult Use Only - Not for Resale"
Batch identification numbers
Storage instructions
Health warnings as required

7.2. Delivery Methods: On Leaf utilizes third-party courier services or designated collection points. Risk of loss passes to the Member upon delivery confirmation or collection.

7.3. Delivery Delays: On Leaf is not liable for delays caused by courier services, weather, strikes, or other circumstances beyond its reasonable control.

7.4. Failed Deliveries: If delivery fails due to Member-provided incorrect information or unavailability, additional handling costs may apply for re-delivery.

8. COMPLIANCE, HEALTH & SAFETY

8.1. Constitutional Authority: On Leaf operates based on the Constitutional Court's recognition of private cannabis use rights for adults 18 and older, strictly limited to:

Private personal consumption in private spaces
Non-commercial sharing within private associations
Adult use only (18+)

8.2. Health Warnings: Members acknowledge that:

Cannabis affects individuals differently based on physiology, tolerance, and consumption method
Vaping may pose respiratory risks
Cannabis may impair judgment, coordination, and reaction time
Use during pregnancy or breastfeeding is not recommended
Interaction with medications or alcohol may occur
Dependence and psychological effects are possible with regular use

8.3. Safe Use Obligations: Members agree to:

Store Products securely away from children and pets
Never operate vehicles or machinery while impaired
Consume responsibly and be aware of personal tolerance levels
Seek medical advice if experiencing adverse effects

8.4. Prohibited Activities: Members shall not:

Engage in public consumption or distribution
Supply Products to minors (under 18)
Use On Leaf to facilitate illegal commercial trafficking or profit
Violate any applicable municipal, provincial, or national regulations
Export Products outside South Africa

8.5. Termination for Non-Compliance: Membership may be terminated immediately for violations of this Section, with custodianship rights revoked and relevant information reported to authorities where legally required.

9. INTELLECTUAL PROPERTY & CONFIDENTIALITY

9.1. On Leaf Brand: All trademarks, logos, branding materials, and proprietary content remain the exclusive property of On Leaf. Members may not use On Leaf's intellectual property without written consent.

9.2. Member Confidentiality: Members agree not to disclose other members' identities, contact information, or transaction details to third parties without consent, except as required by law.

9.3. Photography & Marketing: On Leaf may request consent to use member testimonials or imagery for marketing purposes. No member shall be depicted without explicit written consent.

10. PRIVACY & DATA PROTECTION (POPIA COMPLIANCE)

10.1. Data Collection: On Leaf collects personal information solely for membership verification, custodianship tracking, legal compliance, and communication purposes.

10.2. Lawful Processing: Processing is conducted in accordance with POPIA principles:

Lawful, fair, and transparent processing
Collection for specified, explicit, and legitimate purposes
Adequate, relevant, and limited data collection
Accuracy and updating of information
Storage limitation (data retained only as long as legally necessary)
Integrity and confidentiality
Accountability

10.3. Information Officer: On Leaf has designated an Information Officer responsible for POPIA compliance. Contact details available upon request.

10.4. Member Rights: Members have the right to:

Access their personal data
Request correction of inaccurate data
Object to processing in certain circumstances
Request deletion where legally permissible
Lodge complaints with the Information Regulator

10.5. Data Security: On Leaf implements appropriate technical and organizational measures to protect member data against unauthorized access, alteration, or destruction.

10.6. Third-Party Processors: On Leaf may engage processors (couriers, payment processors) under written agreements ensuring POPIA compliance.

11. EVENTS, GATHERINGS & COMMUNITY

11.1. Private Events: On Leaf may organize private member events for education, social connection, or product familiarization. Attendance is voluntary.

11.2. Event Rules: Events are strictly private, members-only affairs. No Products may be distributed at events except in accordance with custodianship transfer procedures.

11.3. Code of Conduct: Members attending events agree to respectful behavior. On Leaf reserves the right to remove disruptive individuals.

12. LIMITATION OF LIABILITY & INDEMNITY

12.1. Product Use: Members acknowledge that cannabis products affect individuals differently. On Leaf provides Products "as is" and makes no representations regarding specific effects, medical benefits, or suitability for individual use. On Leaf does not provide medical advice.

12.2. Assumption of Risk: Members assume full responsibility for safe storage, handling, and consumption of Products. Members consume at their own risk.

12.3. Indemnification: Members agree to indemnify and hold harmless On Leaf, its directors, officers, agents, and affiliates from any claims, damages, or liabilities arising from:

The Member's custodianship, use, or transfer of Products
Violation of these Terms
Violation of applicable law
Third-party claims arising from Member conduct

12.4. Liability Cap: On Leaf's aggregate liability shall not exceed the total contributions paid by the Member in the twelve (12) months preceding the claim, except for gross negligence, willful misconduct, or where prohibited by law.

13. FORCE MAJEURE

13.1. Neither party shall be liable for failure to perform obligations caused by circumstances beyond reasonable control, including: acts of God, war, terrorism, civil unrest, labor disputes, government actions, pandemic, supply chain disruptions, or infrastructure failures.

13.2. During force majeure events, On Leaf may suspend operations and membership privileges until normal operations can resume.

14. TERMINATION & SUSPENSION

14.1. Member-Initiated Termination: Members may terminate membership with thirty (30) days' written notice, provided all custodianship obligations are satisfied and no Products remain in their custody.

14.2. Voluntary Withdrawal: Upon termination, Members must transfer any remaining Product custodianship to other Members or return Products to On Leaf within the notice period.

14.3. Association-Initiated Termination: On Leaf may suspend or terminate membership immediately for:

Material breach of these Terms
Violation of applicable law
Fraudulent application information
Behavior detrimental to On Leaf's lawful operation or reputation
Non-payment of membership contributions after thirty (30) days' notice

14.4. Effect of Termination: Upon termination:

All membership privileges cease immediately
Access to member portals and pricing is revoked
Any pending transfers are cancelled
On Leaf may retain records as required by law

15. COMMUNICATIONS

15.1. Official Communications: On Leaf communicates via email, WhatsApp, or the member portal. Members are responsible for maintaining current contact information.

15.2. Notice Delivery: Notices sent to the email address on file shall be deemed received twenty-four (24) hours after sending unless returned as undeliverable.

15.3. Member Inquiries: Members may contact On Leaf at member@onleaf.club.

16. GENERAL PROVISIONS

16.1. Entire Agreement: These Terms constitute the entire agreement between the parties regarding membership and supersede prior agreements or representations.

16.2. Severability: If any provision is found unenforceable, the remaining provisions shall continue in full force. Unenforceable provisions shall be modified to the minimum extent necessary to achieve enforceability.

16.3. Waiver: Failure to enforce any provision shall not constitute waiver of that provision or any other provision.

16.4. Assignment: On Leaf may assign these Terms to a successor entity upon member notification. Members may not assign their rights without On Leaf's written consent.

16.5. Third-Party Beneficiaries: These Terms confer no rights on third parties except as expressly stated.

16.6. Headings: Section headings are for convenience only and do not affect interpretation.

17. GOVERNING LAW & DISPUTES

17.1. Governing Law: These Terms are governed by the laws of the Republic of South Africa.

17.2. Jurisdiction: Parties submit to the exclusive jurisdiction of the courts of South Africa, subject to the dispute resolution process below.

17.3. Dispute Resolution:

Parties shall first attempt good-faith negotiation for thirty (30) days
Unresolved disputes shall be submitted to mediation under the rules of the South African Association of Mediators.
Failing mediation within sixty (60) days, disputes shall be resolved through confidential arbitration in South Africa, under the Arbitration Foundation of Southern Africa rules
Each party bears its own costs unless the arbitrator determines otherwise

17.4. Urgent Relief: Nothing prevents either party from seeking urgent interdictory or declaratory relief from a court of competent jurisdiction.

18. AMENDMENTS

18.1. On Leaf may amend these Terms with thirty (30) days' written notice to active Members via email. Continued membership after the effective date constitutes acceptance.

18.2. Material changes affecting Member rights shall require explicit acknowledgment through the member portal.

19. ACKNOWLEDGMENT & ACCEPTANCE

By submitting an application and/or accepting membership, you acknowledge that:

You have read, understood, and agree to be bound by these Terms and Conditions
You are 18 years of age or older and can provide proof of age upon request
You are a resident of South Africa or legally entitled to participate in private associations within South Africa
You will use all Products exclusively for private personal use in private spaces
You consent to POPIA-compliant data processing as described herein
You understand the custodianship model, transfer framework, and cost structure
You have had the opportunity to seek independent legal advice if desired
You are not relying on any representations other than those contained in these Terms

ON LEAF

info@onleaf.club