Legal Documents & Contracts

Dear member, please note that by purchasing your Membership you are agreeing to the following legal documents, in order for Magu Nursery to provide you with the services mentioned.

Annexure A Cultivating Membership Agreement
CULTIVATING MEMBERSHIP

IT IS HEREBY AGREED AS FOLLOWS:
1. PREAMBLE
1.1 WHEREAS a Member has a desire of using Magu aligned with Together We Heal for the cultivation of crops for the member’s personal use in a private space/residence or members club, 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; and
1.2 WHEREAS the Member has leased a blockchain for real estate leasing through Magu, being a 0.5 square meter piece of private land, to a maximum of 4 blockchains which is not accessible to the public, as set out in Annexure A In terms of this Agreement the aforementioned specific Blockchain assigned to the Member will have a designated Grower, who will cultivate the Member’s crop on their behalf for the Member’s own private personal use, and
1.3 WHEREAS the service provider represents that he/she has the requisite skills 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 line with the Constitutional Court ruling of 2018. The Grower acknowledges that the member has entered into this Agreement on reliance on through representation, and
1.4 WHEREAS neither the service provider nor the Grower does not sell, trade-in, deal, distribute or commercialize the crop but offers his skills and experience in cultivating the desired crop for the Member. The Member at all times remains the lawful owner of 90 grams of the crop.
1.5 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 to this Agreement. 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 Magu 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 Magu for damages suffered due to any breaches of this agreement by illegal use of this Magu contract.
2. CANNABIS SUBSCRIPTION CONDITIONS 2.1 General:
2.1.1 The Member warrants that the services of Magu have been procured solely for the cultivation of the crop to a maximum of 90 grams per crop for the Member’s personal use and the Member warrants that he/she in no way intends to sell, deal in, trade, distribute or commercialize the harvest of Cannabis in contravention of any Laws of the Republic of South Africa.
2.1.2 The service provider warrants that the services rendered to the Member in terms of this agreement are solely for the cultivation of the crop for the Member’s own 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.
2.1.3 In the event that the Member contravenes the provisions contained in clause 2.1.1, the Member indemnifies the Grower and Magu against all damages and/or claims, of a civil and/or criminal nature, arising from the Member’s contravention of the provisions contained in clause 2.1.1, to the extent that the Grower and Magu are not found to be involved in the contravention under reference.
2.1.4 In the event that the Grower contravenes the provisions contained in clause 2.1.2, the Grower indemnifies the Member and Magu 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, to the extent that the Member and Magu are not found to be involved in the contravention under reference.
2.1.5 The Member’s membership and Services will be terminated with immediate effect in the event that the Member contravenes the provisions contained in clause 2.1.1.
2.1.6 The subscription model offered to the member by Magu and the related services rendered by the Grower are in accordance with the law currently, notwithstanding this legal framework 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.
2.2 Harvest and Collection
2.2.1 The member undertakes to personally collect their cannabis crop within 14 (fourteen) days after notification from Magu, which collection time must be pre-arranged with Magu. The Member will further be required to provide proof of identification upon collection.
2.2.2 The harvest of the Member’s Cannabis crop includes the curing, drying and storing of the harvest by the Grower 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 correctly labelled to correspond with the member’s unique Blockchain.
2.2.3 The harvest only provides 90 grams per member. Depending on the yield of each plant if there is any additional crop this will be donated to traditional medicine to provide help to the communities and those in need.
3. MEMBER DUTIES AND RESPONSIBILITIES 3.1 General:
3.1.1 The Member confirms that he/she understands the contents of and accepts the specifications of the subscription model the member has selected.
3.1.2 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 subscription period, and the rights contained herein may not be ceded or assigned to any third party. If the Member decides not to continue growing or elects to terminate this agreement then all products from his harvest will be disposed of and all plants will be donated to the traditional healer to provide medicine for the community who cannot afford it. It is not permissible for the Member to remove any plant or crop once the agreement has been terminated.
3.1.3 The Member undertakes to pay the monthly/once off subscription fee for membership and the fee for growing. Failure to pay the monthly subscription fee 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 Subscription and Lease. It is noteworthy that without the requisite lease the Member will not be operating in accordance with the current laws.

3.1.4 The Member agrees that any additional services or specific inputs not included in the selected subscription 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.
3.1.5 The Member undertakes to personally obtain the seed/s of the desired crop from a supplier and Magu will assist to deliver the seed/s to the grower for cultivation. The member can opt to use one of Magu clones from another members cultivating plant.
3.1.6 The Member acknowledges that he/she has a limited visitation right to its Leased Blockchain and supervised visitation thereto must be pre-arranged with Magu. The Member further undertakes to abide by the visitation safety and security regulations contained in Annexure C.
3.2 Harvest:
3.2.1 Magu will notify the Member when each of the Member’s harvests is ready for collection during the subscription period.
3.2.2 The Member is obliged to collect the harvest within 14 (fourteen) days after notification from Magu, which collection time must be pre-arranged with Magu.
3.2.3 The Member consents to the donating of the harvest in the event that the harvest is not collected within 1 (one) month from the date of notification as contained in clause 2.2.1 above.
3.2.4 The Member acknowledges that it shall have no recourse against Magu or the Grower in the event that the member’s harvest is donated or damaged due to the member’s failure to collect the harvest within the prescribed time periods.
3.3 Confidentiality and non-circumvention
3.3.1 The Member, subject to the Confidentiality and Intellectual Property provisions contained
in Annexure C, undertakes to keep the identity of the Grower, the location of the Leased Blockchain and the contents of the Grow Diary confidential throughout the period of subscription and indefinitely thereafter.
3.3.2 The Member undertakes to not approach the Grower directly for the procurement of the services of the Grower for the Member’s personal use not covered within the provisions of this Agreement, thereby circumventing Magu. In the event that the Member circumvents Magu, the Member will be liable for liquidated damages set at R100,000 incurred by Magu as professionally quantified, including but not limited to loss of income, reputational damage and legal costs.
4. GROWERS DUTIES AND RESPONSIBILITIES 4.1 General:
4.1.1 On and from the commencement date, the Grower will provide the cultivating expertise as per the Member’s preference.
4.1.2 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 or provide the option to use a clone from another members cultivating tree.

4.1.3 Upon delivery of the seed/s or clone by the Member, the Grower will undertake to plant the seed/s or clone and commence with the photographic and Grow Diary process of record keeping as required by Magu.
4.1.4 The Grower acknowledges that the Member is and will remain the sole lawful owner of the seed/s or clone crop/s and harvest/s produced on the Member’s assigned patch throughout the subscription period.
4.1.5 The Grower acknowledges that the cultivation of the crop/s for the Member is strictly for the personal use of the Member only.
4.1.6 The Grower undertakes to supply the subscription 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.
4.1.7 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 Magu.
4.2 Harvest and related activities:
4.2.1 The Grower undertakes to carry out the harvesting and related activities with due-diligence as per the Member’s agreement.
4.2.2 The Grower undertakes to safely store the harvest and to ensure that the harvest is correctly labelled to correspond with the member’s unique Blockchain.
4.2.3 The Grower will provide access to the Member for collection of the members harvest at the prearranged date and time.
4.2.4 In the event that the harvest is not collected within the prescribed time periods as set out in clauses 2.2.2 to 2.2.4, the Grower will donate to registered traditional healer and furnish the Member with proof thereof.
4.3 Confidentiality and non-circumvention
4.3.1 The Grower, subject to the Confidentiality and Intellectual Property provisions contained in Annexure C, 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 subscription and indefinitely thereafter.
4.3.2 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 Magu. In the event that the Grower circumvents Magu, the Grower will be liable for liquidated damages as set at R100,000 incurred by Magu as professionally quantified, including but not limited to loss of income, reputational damage and legal costs.

5. COMMENCEMENT, DURATION AND TERMINATION
5.1 This Agreement shall commence on the date of signature of all parties hereto and shall continue for the life time of that specific seed or seedling until 14 days after date of harvest of specific plant.
5.2 The member shall have the option to renew this Agreement after the Initial Period for another cultivating plant however never exceeding four cultivating blockshares at one time 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 Magu written notice.
5.3 Upon expiry of the Initial Period referred to in clause 5.1, if the member does not exercise the option to renew this Agreement as set out in clause 5.2, this Agreement shall automatically terminate.
5.4 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 Magu donating their seed/s and/or crop/s and/or harvest/s in the event that it’s not collected within 1 (one) month from the date of expiry of this Agreement.
5.5 Either the Member or Magu may terminate this Agreement subject to the termination provisions and in writing.

Annexure B Blockchain Lease Agreement
BLOCKCHAIN LEASE AGREEMENT BETWEEN LAND OWNER AND MEMBER

1. DETAILS OF LAND OWNER
Will be revealed to member upon request as each grower requests that they be permitted to liaise with each member to clarify any issues prior to identifying the exact location where cultivation occurs
1.1. Name: Magu Nursery PTY (LTD)
1.2. Physical Address: Magu Nursery undisclosed 1.3. Registration Number: 2021/858549/07
1.4. Contact Details: 074 762 2037
1.5 Email address: Magunurserymary@gmail.com
2. DETAILS OF LESSEE (MEMBER)
2.1. Name:
2.2. Physical Address: 2.3 Contact details: 2.4 Email address:
1. Upon full payment of the cultivating agreement shall grant the member access to the facility for visiting their block chain on prior arrangements being made to visit the Premises.
2. The member shall ensure that no more than the agreed numbers of persons visit at the Premises at any time.
3. The Member agrees to pay the Deposit and Balance by the dates specified and Magu PTY LTD is authorised to charge the same to the Credit Card. Bookings will not be confirmed until full payment is received.
4. The Member shall not permit any unexpected visits, party, function, or hazardous activity or light any fire in or near the Premises. Conducting a business related activity on the premises is not permitted.
5. The Member shall not allow into the Premises or surrounding grounds any pet or animal.
6. Smoking in the Premises is not allowed.
7. During your stay members may use the three car spaces on the driveway. Parking on neighbour’s property is not allowed; these cars may be towed or prosecuted.
8. The Member shall take reasonable care of the Premises and Contents and shall leave them in the same condition as they were upon arrival.
9. The Member shall not permit excessive noise or other nuisance or conduct at the Premises. You must be 21 years and over to enter this property.
10. The member agrees that Magu PTY LTD will only give the member 90 grams plant material per plant to a maximum of 4 plants per member.
11. The member also agrees that the remaining plant material from each plant will be kept in safe storage and donated to the Private members club. A donation certificate will be made available and a voucher will be provided for the member’s club.
12. The member hereby acknowledges that we are not selling any plant material; we are selling our services which include our time, knowledge, space and materials.
13. The plant material will not be distributed until full payment is received for services, knowledge, time, and space rented out for the duration of time by Magu PTY LTD to the member.
14. The duration of the plant will differ between four and six months depending on each member’s needs. This will be discussed with member’s initial application on the system.
15. Location and address should be kept unknown and may not be given out under any circumstances. This is to keep each member’s plant/s safe and secure.
16. Magu PTY LTD may terminate this license and exclude the Member without notice or refund for any breach.

The member package deal per plant will be set out depending on each members preference’s and available on Annexure K. A maximum of four plants are allowed by law and per member. The payment can be paid once off or over the agreed period of time.

Annexure C General Security and Safety Regulations
GENERAL SECURITY AND SAFETY REGULATIONS

Access to Magu’s Nursery:
Limited visitation right to the leased Blockchain. Supervised visitation thereto must be pre-arranged with Magu management. All visitors will be required to sign in on entering site.
Work preparation and on site
Magu will not be held liable for any injury, theft, and damage when entering the private property workplace therefore we apply strict rules. NO Smoking zones and NO Cell Phone zones will be displayed. Keep work areas clean. Always wear the proper PPE for the work task. Make sure chemicals are properly labelled and stored. Communicate hazards to other personnel.
Every chief executive officer shall as far as is reasonably practicable ensure that the duties of his/her employees as contemplated in this Act, are properly discharged. The Occupational Health and Safety Act, 1993, requires the employer to bring about and maintain, as far as reasonably practicable, a work environment that is safe and without risk to the health of the workers.
This means that the employer must ensure that the workplace is free of hazardous substances, such as benzene, chlorine and micro-organisms, articles, equipment, processes, etc. that may cause injury, damage or disease.
Where this is not possible, the employer must inform workers of these dangers, how they may be prevented, and how to work safely, and provide other protective measures for a safe workplace. However, it is not expected of the employer to take sole responsibility for health and safety. The Act is based on the principle that dangers in the workplace must be addressed by communication and cooperation between the workers and the employer. The workers and the employer must share the responsibility for health and safety in the workplace. Both parties must pro-actively identify dangers and develop control measures to make the workplace safe. In this way, the employer and the workers are involved in a system where health and safety representatives may inspect the workplace regularly and then report to a health and safety committee, who in turn may submit recommendations to the employer.
Safety in the workplace
The following is an extraction from the Gazette on Consolidated Coronavirus COVID-19 Direction on Occupational Health and Safety Measures in Workplaces.
The Occupational Health and Safety Act (OHSA), read with its regulations and incorporated standards, requires the employer to provide and maintain as far as is reasonably practicable a working environment that is safe and without risks to the health of workers and to take such steps as may be reasonably practicable to eliminate or mitigate the hazard or potential hazard.
The OHSA further requires employers, to ensure, as far as is reasonably practicable, that all persons who may be directly affected by their activities (such as customers, clients or contractors and their workers who enter their workplace or come into contact with their employees) are not exposed to hazards to their health or safety. This obligation also applies to self -employed persons (for example, plumbers or electricians) whose working activities bring them into contact with members of the public.
Administrative measures
1. Every employer must establish the following administrative measures:
2. It must undertake a risk assessment to give effect to the minimum measures required by this Direction taking into account the specific circumstances of the workplace;
3. It must take special measures to mitigate the risk of COVID-19 for vulnerable employees in accordance with the Department of Health’s Guidelines to facilitate their safe return to work or their working from home;
Social distancing measures
4. Every employer must arrange the workplace to ensure minimal contact between workers and as far as practicable ensure that there is a minimum of one and a half metres between workers while they are working, for example, at their workstations. Depending on the circumstances of the workplace or the nature of the sector, the minimum distance may need to be greater. Reducing the number of workers present in the workplace at any time in terms of clause 20.8 may assist in achieving the required social distancing.
5. If it is not practicable to arrange work stations to be spaced at least one and a half metres apart, the employer must-
5.1 arrange physical barriers to be placed between work stations or erected on work stations to form a solid physical barrier between workers while they are working; or
5.2 when required; supply the employee free of charge with appropriate PPE based on a risk assessment of the working place.
6. Every employer must ensure that social distancing measures are implemented through supervision both in the workplace and in the common areas outside the immediate workplace through queue control or within the workplace such as canteens and lavatories. These measures may include dividing the workforce into groups or staggering break -times to avoid the concentration of workers in common areas.
Health and safety measures
7. Every employer must implement the following health and safety measures.
Sanitizers, disinfectants and other measures
8. For the purposes of these clauses, a hand sanitizer must be one that has at least 70% alcohol content and is in accordance with the recommendations of the Department of Health.
9. Every employer must, free of charge, ensure that there are sufficient quantities of hand sanitizer based on the number of workers or other persons who access the workplace at the entrance of, and in, the workplace which the workers or other persons are required to use; and
11. Every employer must take measures to ensure that-
11.1 all work surfaces and equipment are disinfected before work begins, regularly during the working period and after work ends;
11.2 all areas such as toilets, common areas, door handles, shared electronic equipment are regularly cleaned and disinfected; and
11.3 disable biometric systems or make them COVID -19- proof.
12. The employer must ensure that –
12.1 there are adequate facilities for the washing of hands with soap and clean water;
12.2 only paper towels are provided to dry hands after washing – the use of fabric towelling is prohibited;
12.3 the workers are required to wash their hands and sanitize their hands regularly while at work;
12.4 the workers interacting with the public are instructed to sanitize their hands between each interaction with a member of the public; and
12.5 surfaces that workers and members of the public come into contact with are routinely cleaned and disinfected.
Cloth masks
13. The main benefit of everyone wearing a cloth mask is to reduce the amount of virus containing droplets being coughed up by those with the infection and transmitted to others and to surfaces that others may touch. Since some infected persons may not have symptoms or may not know they are infected, the Department of Health requires that all persons wear cloth masks when in a public place.
14. For the reasons underlying the Department of Health’s requirement, every employer must –
14.1 provide each of its employees, free of charge, with a minimum of two cloth masks, which comply with the requirements set out in the Department of Health’s recommendations, for the employee to wear while at work and while commuting to and from work; and
Monitoring and enforcing the Direction
15. If a person fails to comply with this direction, an inspector may perform any of the functions in section 29 of OHSA and exercise any of the powers listed in section 30 of OHSA in order to monitor compliance with this Direction.
16. In so far as any contravention of this Direction constitutes a contravention of an obligation or prohibition under OHSA, the offences and penalties provided for in section 38 of OHSA apply.
17. An inspector may for the purpose of promoting, monitoring, and enforcing compliance with the OHSA, advise employees and employers of their rights and obligations in terms of this Direction in accordance with section 64 of the BCEA.

Annexure D Confidentiality and Intellectual Property
CONFIDENTIALITY AND INTELLECTUAL PROPERTY MUTUAL NON-DISCLOSURE AGREEMENT
between
MAGU NURSERY
and
YOU

BACKGROUND
The Information Provider and the Recipient desire to enter into a confidentiality agreement with regard to cultivating on behalf of the member.
In connection with the Permitted Purpose, the Recipient will receive certain confidential information for example photographic and Grow Diary info and record keepings as required by Magu.
AGREED TERMS
The following definitions and rules of interpretation in this clause apply in this agreement:
Confidential Information: any information relating to the business of the disclosing party which is not publicly available including, but not limited to, any information:
Specifically the location of the leased blockspace for cultivating designated by the disclosing party as highly confidential;
Supplied to the disclosing party by any third party in relation to which a duty of confidentiality is owed or arises; Which should otherwise be reasonably regarded as possessing a quality of confidence as having disclosing party; or
That relates to the fact that discussions and negotiations are taking place concerning the Purpose and the status of those discussions and negotiations, But not including any information that: is or becomes generally available to the public other than as a result of its disclosure by the Recipient or its Representatives in breach of this agreement or of any other undertaking of confidentiality addressed to the party to whom the information relates (except that any compilation of otherwise public information in a form not publicly known shall nevertheless be treated as Confidential Information); or
Disclosing Party: any party to this agreement which discloses or makes available directly or indirectly Confidential Information.
Recipient: any party to this agreement which receives or obtains directly or indirectly Confidential Information.
Representative: employees, growers and any other representatives of the Recipient. Obligations of confidentiality
The Recipient shall keep the Disclosing Party’s Information confidential and, expect with the prior written consent of the Disclosing Party, shall:
Not use or exploit the Confidential Information in any way except for the Purpose;
Not disclose or make available the Confidential Information in whole or in part of any third party, except as expressly permitted by this agreement;
Keep the Disclosing Party’s Confidential Information in a secure manner and shall ensure that no unauthorised party may gain access to the Confidential Information.
The Recipient may disclose the Disclosing Party’s Confidential Information to those of its Representatives who need to know this Confidential Information for the Purpose, provided that it:
Informs its Representatives of the confidential nature of the Confidential Information before disclosure;
procures that its Representatives shall, in relation to any Confidential Information disclosed to them, comply with this agreement as if they were the Recipient and, if the Disclosing Party so requests, procure that any relevant Representative enters into a confidentiality agreement with the Disclosing Party on terms equivalent to those contained in this agreement;
Keeps a written record of these Representatives; and shall at all times be liable for the failure of any Representative to comply with the terms of this agreement.
A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of this disclosure as possible.
The Recipient shall establish and maintain adequate security measures (including any reasonable security measures proposed by the Disclosing party from time to time) to safeguard the Confidential Information from unauthorised access or use.
No party shall make, or permit any person to make, any public announcement concerning the Purpose without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
Warranty and indemnity
Each Disclosing Party warrants that it has the right to disclose its Confidential Information to the Recipient and to authorise the Recipient to use such Confidential Information for the Purpose.
Each Recipient shall indemnify and keep fully indemnified the Disclosing Party at all times against all liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable costs and expenses suffered or incurred by the Disclosing Party) arising from any breach of this agreement by the Recipient and from the actions or omissions of any Representative of the Recipient.

Term and termination
If either party decides not to become, or continue to be involved in the Purpose with the other party it shall notify the other party in writing immediately. The obligations of each party shall, notwithstanding any earlier termination of negotiations or discussions between the parties in relation to the Purpose, continue for a period of two years from the termination of this agreement.
Termination of this agreement shall not affect any accrued rights or remedies to which either party is entitled.
Assignment
Except as otherwise provided in this agreement, no party may assign, sub-contract or deal in any way with, any of its rights or obligations under this agreement or any document referred to in it.
Notices
Any notice or other communication required to be given under this agreement, shall be in writing, shall be delivered by email and shall be deemed to be received at the time of successful transmission to the commonly used email address of the other party.
No partnership
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
Third party rights
A person who is not a party to this agreement shall not have any rights under or in connection with it.
Governing law and jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with South-African law.
The parties irrevocably agree that the courts of South-Africa shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Your privacy is important to us
In light of the Protection of Personal Information Act, No. 4 of 2013 (POPIA) regulations coming into effect on 1 July 2021, we would like to assure you that protecting your personal information is one of our top priorities. MAGU is committed to safeguarding the personal data of our Members and collecting information that is required to operate the service membership, manage member benefits and improve our offering in line with changing consumer needs.
The purpose of POPIA is to protect your right to privacy and to regulate how personal information is processed. Based on its conditions, upfront and proactive consent and compliance is essential.
The “processing” of information is defined in section 1 of POPIA as:
“Any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:
a) The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
b) Dissemination by means of transmission, distribution or making available in any other form; or
c) Merging, linking, as well as blocking, degradation, erasure or destruction of information.”
Some of the reasons for us having to process your personal information are:
· To provide or manage any information and/or services requested by you.
· To determine your needs and preferences in terms of the services we provide.
· To help us identify you when you contact us, thereby making sure that we do not share
your personal information with someone other than yourself.
· To enable us to offer you services and recommendations.
· To activate or verify your membership or benefits.
· For information maintenance and keeping our records updated.
· For general administration purposes.
· In addition, we may be required to share your personal information with some of our
suppliers, service providers and business partners to ensure seamless service delivery to you. Our service providers, suppliers and business partners have legal agreements with MAGU by which they are legally bound to keep your personal information secure and confidential and to exclusively use it for purposes which they have been contracted for.
Processing your personal information
Personal information refers to any information that identifies you or specifically relates to you. We will only process your personal information for lawful purposes relating to your membership if the following circumstances apply:

· You have consented to it; or
· A person legally authorised by you, the law or a court, has consented to it. If you are
over the age of 18 years.
· It is necessary to conclude or perform under the membership contract we have with
you;
· It is legally required or permitted;
· It is required to protect or pursue your, our, or a third party’s legitimate interest.
You may withdraw your consent to have your personal information processed at any time, provided that the lawfulness of the processing of your personal information before withdrawal will not be affected. It is important to note that should you choose to withdraw your consent for us to process your personal information needed for the purposes of administering your benefits, we will no longer be able to administer your benefits which could lead to termination of your membership with us.
POPIA empowers you to request that we correct or delete your personal information that is inaccurate, irrelevant, excessive, out-dated, incomplete, misleading, or unlawfully obtained.
Additional security measures to safeguard your personal data
We have enhanced our processes to include password encryption on all documents with personally identifiable information that we send to you via email. In order to view these documents, you will need to enter a password (which will usually be your Magu unique member code, unless we tell you otherwise in the email). This ensures that your personal information is secure, in line with POPIA regulations.

Annexure E Disclaimer POPI
DISCLAIMER – PROTECTION OF PERSONAL INFORMATION ACT

By entering into an agreement with Magu PTY LTD you hereby acknowledge that you have read and accepted the following Protection of Personal Information (POPI) disclaimer.
You understand and agree that all information provided, whether personal or otherwise, may be used and processed by the “owner” of this company, and such use may include research and data information in the public domain.
Further you specifically agree that the Company will use such information provided by you, irrespective of the nature of such information.
Magu PTY LTD shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).
The PAIA and POPI Acts are available online at www.gov.za/documents/acts.
As per the POPI Act personal information refers to information that identifies or relates specifically to you as a person or data subject, for example, your name, age, gender, identity number and your email address.
Customer Information
• To render customer-related services and administration of customer accounts;
• To authenticate the customer;
• To provide the customer with information which Magu PTY LTD believes may be of interest to the customer, such as information relating to public awareness campaigns and matters of general public interest in which Magu is involved in.
Sources of Personal Information
Personal information may be collected from the following sources:
• Directly from the person when he/she applies for any Magu PTY LTD related employment
The Storage of Personal Information
All personal information collected by Magu PTY LTD will be stored as follows:
• In a secure and safe manner according to strict information security principles with safeguards to ensure its privacy and confidentiality;
• For no longer than is necessary to achieve the purpose for which it was collected unless further retention is:
Required by law or contractual obligation;
Otherwise reasonably required by Magu PTY LTD for lawful purposes related to its functions and activities;
Retained further with the person’s consent:
After which the information will be de-identified and disposed of as per the Magu PTY LTD Control of Records policy.
Sharing of Personal Information
Any information supplied to Magu PTY LTD will be treated as confidential and Magu PTY LTD will not disclose information unless legally permitted thereto. No information will be transferred to a Third Party without the explicit consent of the data subject unless legally obliged thereto. By providing the personal information, the data subject agrees that Magu PTY LTD may transfer the information to the following people and organisations in pursuit of the data processing purposes set out in our POPI Policy:
• To the divisions and entities in the Magu PTY LTD Group, including directors, employees, contractors, agents, auditors, legal and other professional advisors who are authorised to process this information;
• To persons employed by Magu PTY LTD to provide services on our behalf and that adhere to principles similar to Magu PTY LTD regarding the treatment of personal information;
• To any person to whom Magu PTY LTD cede, delegate, transfer or assign any of our rights or obligations pertaining to products and/or services provided to the person or contracts concluded with the person;
• To any person who acts as legal guardian, executor of an estate, curator or in a similar capacity;
You’re Rights regarding your Personal Information
General Conditions pertaining to Personal Information
Magu PTY LTD accepts no liability whatsoever for any loss, damage (whether direct, indirect, special or consequential) and/or expenses of any nature whatsoever which may arise as a result of, or which may be attributable directly or indirectly from information made available on these platforms, pages or links, or actions or transaction resulting there from.
The Laws of the Republic of South Africa will govern all terms and conditions of any products and services contained in these pages. Should you request products or services through the Magu PTY LTD you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by each party against the other, and in any way arising from any stated terms and conditions.

Annexure K Membership Payment Agreement
Magu Nursery and Magu Private membership Club Plan options
We are not selling cannabis. Please ensure you understand what you are paying for in Annexure A Cultivating membership agreement and Annexure B the Blockchain agreement. You are paying for renting the space (blockchain), the cultivator’s knowledge, time and the consumables that will be used to look after your plant.
Member Name: Member number: Contact details:
I the undersigned member hereby agree; subject to the terms and condition set forth in the cultivating membership agreement, to the payment agreement.
Below table explains the four membership packages you can sign up for:
Quality
Per gram
90 grams
AAA (Indoor)
R85-R150
R7650 – R13 500
Package 1
AA (Greenhouse)
R60 -R85
R5400- R7650
Package 2
A (Outdoor)
R30 – R50
R2700 – R4500
Package 3
Regular
R15 – R20
R1350 -R1800
Package 4
MAGU Private Members Club the Hotspot

Magu Private members club AKA, the “Hotspot” will be open for members only whereby members are allowed to use the facilities for their own cannabis sanctuary
Not everyone can afford the full package deal and we have not forgotten about you. If you are not a regular smoker and don’t want to purchase the full package you can still be part of the club and part of the joy!

As and when members will still have to sign the full cultivating membership agreement and blockchain agreement allowing Magu Nursery still to cultivate a plant on the members behalf. However, the remaining plant material will be donated to the club for members use only. So, when the member visits once a month there will always be plant material available for that member or any other maybes who sign a similar agreement.

Contract payments can be made into Magu Nursery bank account via EFT or easy pay online. Electronic payments are a faster, safer, and more reliable option.
Annexure L The Law and Legalities
The Law and Legalities

Even though private use of cannabis has been decriminalised, the buying and selling of cannabis, cannabis oil and cannabis seeds remain illegal.
We have spent many years, long nights and many meetings with various organizations and authority to come to the most legal set out agreement between our company and our members and legal status thereof.
In terms of our legal service you can contact;
Engelbrecht Attorneys
Eloise Engelbrecht: 061 632 4626

Know our Rights:
The medical use of cannabis in South Africa is regulated in terms of the Medicines and Related Substances Act, 1965 (Medicines Act). The Medicines Act categorises drugs and medicinal substances into eight groups, from schedule 1 to schedule 8, with schedule 8 being the most toxic substances with the highest level of restricted access. With respect to cannabis, the Medicines Act distinguishes between cannabidiols (CBD), which is non-psychoactive, and delta-9 tetrahydrocannabinol (THC), which is psychoactive in nature. Cannabis (the whole plant or parts or products thereof) and THC are schedule 7 substances. Schedule 7 substances are deemed to have no legitimate medicinal use and can only be accessed by means of a permit issued by the Director- General of the National Department of Health (DoH).
Schedule 6 substances are only available on the prescription of an authorised prescriber (i.e. a medical practitioner) and can only be obtained from a pharmacy or the holder of a dispensing licence issued in terms of the Medicines Act. THC will constitute a schedule 6 substance, when:
● used for therapeutic purposes (as a synthetic variant, dronabinol); or
● used for personal and industrial purposes as set out below.
CBD is listed as a schedule 4 substance, save for limited circumstances in which CBD may be classified as a schedule 0 substance (Unscheduled CBD Products). Like a schedule 6 substance, schedule 4 substances are only available on the prescription of an authorised prescriber. Schedule 0 substances can be purchased off the shelf
at places like pharmacies, supermarkets, health shops or convenience stores. Unscheduled CBD Products comprise of: (i) complementary medicines containing no more than 600mg CBD per sales pack, providing a maximum daily dose of 20mg of CBD, and making a general health enhancement, health maintenance or relief of minor symptoms (low-risk) claim; or (ii) processed products made from cannabis raw plant material intended for ingestion, containing 0.0075% or less of CBD, where only the naturally occurring quantity of
cannabinoids found in the source material are contained in the product. However, synthetic cannabinoid substances are schedule 7 substances.
Patients have access to medicinal cannabis in the form of CBD through their pharmacies, provided they have a prescription. Unscheduled CBD Products can also be obtained from pharmacies, supermarkets, health shops or convenience stores. THC based products or synthetic CBD requires the patient to obtain a DoH permit. However, THC, when used for therapeutic purposes, may be issued by a pharmacist in terms of a prescription issued by the doctor.
The violation of the Medicines Act due to unlawful medicinal use of cannabis carries serious criminal sanctions (up to 10 years imprisonment, with or without a fine).
Recreational use of cannabis became legal in 2018 following the constitutional court’s ruling in Minister of Justice v Prince. 1 In the matter of Minister of Justice v Prince, the court ruled that adults may, for their personal consumption, use, possess and cultivate cannabis in private. In this regard, privacy is not confined to the dwelling (home) of the adult, and adults may, for their personal consumption, use, possess and cultivate cannabis in any place that is private and not public. In terms of the Medicines Act, THC is not a regulated substance if it takes the form of raw plant materials is cultivated, possessed, and consumed by an adult, in private for personal consumption. The provisions of the Drugs and Drug Trafficking Act, 1992 (Drugs Act), which previously criminalised any form of cultivation, possession, and consumption of cannabis, were declared unconstitutional in Minister of Justice v Prince.
Any recreational use, possession or cultivation of cannabis which is not done in by an adult in private is an offence under the Drugs Act. Cannabis is classified as an undesirable dependence producing substance in terms of the Drugs Act, and violations of the Drugs Act carry sentences ranging between 12 months and 25 years imprisonment (with or without a fine), depending on the severity of the offence.
The following categories of THC, which may have industrial use, are excluded from schedule 7 of the Medicines Act:
● processed hemp fibre products (e.g. textiles, bricks, ceiling boards) when: (i) the THC concentration is ≤ 0,01 %, (ii) the product is in a form not suitable for ingestion, inhalation or smoking, and (iii) it does not contain whole cannabis seeds; and
● processed cannabis seed products (e.g. hemp seed oil, cosmetics containing hemp seed oil) when: (a) the THC concentration is ≤ 0,001 %; and (b) the product does not contain whole cannabis seeds.
In all instances, the import, export and wholesale distribution and cultivation of cannabis for industrial purposes may only be undertaken by persons who hold a permit issued by the DoH in terms of section 22A(9)(a) (i) of the Medicines Act. Medicinal products (including Unscheduled CBD Products) must be manufactured under Good Manufacturing Practice conditions in a facility licensed in terms of Section 22C of the Medicines Act.

The Cannabis for Private Purposes Bill (Bill) was tabled in Parliament in August 2020 and will be debated in the course of 2021. While the Bill does not make provision for the commercialisation of cannabis, it criminalises smoking cannabis in public or selling it and sets limits on how much cannabis individuals may own for private use and cultivation. For a person living alone, the bill prescribes a maximum of 600g of cannabis and 1.2kg for two or more adults in the same household. However, the Bill also proposed the expungement of criminal records of persons convicted for minor cannabis possession charges under historic drug control legislation.

So in layman’s terms:

The draft bill sets outs prescribed quantities for both personal use and cultivation purposes. For private use, the limits include:

• Unlimited seeds and seedlings.
• Four (4) flowering plants for those living alone, or eight for homes with two adults or more.
• 600 grams of dried cannabis if you live alone, or 1.2 kilograms in homes with two or more adults.
• 1.2 kilograms dried cannabis or cannabis equivalent per dwelling, which two or more adult persons occupy.
• The bill also allows for the possession of cannabis ‘in private’ in a public place, but this is limited to 100 grams.
• The draft bill defines ‘in private’ as to keep, store, transport or be in control of cannabis or a cannabis plant, respectively, in a manner that conceals it from public view.