Back to Home

    Compliance & Terms of Use

    Last updated: 20 March 2026

    These Compliance Terms and Conditions ("Terms") govern your access to and use of the OpenPharms telemedicine and medical cannabis distribution platform (the "Platform"), owned and operated by OpenPharms (Pty) Ltd ("OpenPharms", "we", "us", or "our"), a company registered in the Republic of South Africa.

    By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Platform.

    1. Definitions

    • "Platform" means the OpenPharms website, mobile application, telemedicine services, API integrations, and all associated technology, software, and intellectual property;
    • "User" means any individual or entity accessing the Platform, including patients, healthcare providers, pharmacists, licensed cultivators, and administrators;
    • "Medical Cannabis Products" means any cannabis-based prescription medicine, unregistered medicine, or Schedule 6 substance distributed through the Platform under applicable SAHPRA permits;
    • "Intellectual Property" means all patents, trademarks, trade names, logos, copyrights, trade secrets, proprietary algorithms, source code, databases, platform architecture, and any other intellectual property rights owned by or licensed to OpenPharms.

    2. Intellectual Property Protection

    2.1 Ownership

    All Intellectual Property in and relating to the Platform, including but not limited to the source code, software architecture, algorithms, user interface designs, branding, trademarks, trade names, logos, database structures, APIs, documentation, and any derivative works, is and shall remain the exclusive property of OpenPharms (Pty) Ltd.

    2.2 Restrictions

    Users shall not, without the prior written consent of OpenPharms:

    • Copy, reproduce, modify, adapt, translate, or create derivative works of any part of the Platform;
    • Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform;
    • Remove, alter, or obscure any proprietary notices, trademarks, or branding on the Platform;
    • Use any automated tools (bots, scrapers, crawlers) to access, extract, or index Platform data;
    • Sub-license, sell, lease, or otherwise commercially exploit any part of the Platform or its content;
    • Use OpenPharms' name, logo, or branding in any manner that implies endorsement or affiliation without written authorisation.

    2.3 Licence

    Subject to these Terms, OpenPharms grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose. This licence does not transfer any ownership rights.

    3. Regulatory Compliance

    3.1 User Obligations

    All Users acknowledge and agree that:

    • Medical Cannabis Products distributed via the Platform are Schedule 6 unregistered medicines supplied under Section 21 permits issued by the South African Health Products Regulatory Authority (SAHPRA);
    • Access to Medical Cannabis Products is strictly limited to patients holding a valid prescription from a registered medical practitioner and a corresponding Section 21 permit;
    • Healthcare providers must hold valid registration with the Health Professions Council of South Africa (HPCSA) and comply with telemedicine practice guidelines;
    • Pharmacists must hold valid registration with the South African Pharmacy Council (SAPC) and operate from licensed pharmacy premises;
    • Licensed cultivators and producers must hold valid Section 22C(1)(b) licences under the Medicines and Related Substances Act, 1965 (Act 101 of 1965).

    3.2 Prohibited Activities

    Users are strictly prohibited from:

    • Obtaining or attempting to obtain Medical Cannabis Products without a valid prescription and SAHPRA Section 21 permit;
    • Providing false, misleading, or fraudulent information to obtain access to the Platform or its services;
    • Distributing, reselling, or diverting Medical Cannabis Products outside of lawful channels;
    • Using the Platform for any purpose related to the recreational use or illicit trade of cannabis or controlled substances;
    • Impersonating a healthcare provider, pharmacist, or any other regulated professional;
    • Circumventing or attempting to circumvent any security measures, access controls, or verification systems on the Platform.

    4. Indemnification

    4.1 User Indemnity

    You agree to indemnify, defend, and hold harmless OpenPharms (Pty) Ltd, its directors, officers, employees, agents, affiliates, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

    1. Your use of or access to the Platform;
    2. Your violation of these Terms or any applicable law, regulation, or third-party right;
    3. Any misuse, misrepresentation, or fraud committed by you in connection with the Platform;
    4. Unlawful access to, possession of, or distribution of Medical Cannabis Products;
    5. Any claim by a third party arising from your acts or omissions on or through the Platform;
    6. Any breach of patient confidentiality or data protection obligations attributable to your conduct.

    4.2 Survival

    The indemnification obligations under this clause shall survive the termination or expiry of your access to the Platform and these Terms.

    5. Limitation of Liability

    To the maximum extent permitted by applicable law:

    • The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied;
    • OpenPharms does not warrant that the Platform will be uninterrupted, error-free, or free from harmful components;
    • OpenPharms shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill;
    • OpenPharms' total aggregate liability for any claim arising under these Terms shall not exceed the fees paid by you (if any) in the 12 months preceding the claim;
    • OpenPharms does not assume clinical responsibility for medical decisions made by healthcare providers using the Platform. All clinical decisions remain the sole responsibility of the prescribing practitioner.

    6. Misrepresentation

    Any User found to have provided false or misleading information—including but not limited to falsifying professional credentials, patient information, prescription details, or permit documentation—shall be immediately suspended from the Platform and reported to the relevant regulatory authority and, where appropriate, law enforcement.

    7. Unlawful Access

    Any attempt to gain unauthorised access to the Platform, its systems, databases, or user accounts constitutes a criminal offence under the Cybercrimes Act, 2020 (Act 19 of 2020) of South Africa and may be prosecuted to the fullest extent of the law. OpenPharms reserves the right to pursue civil remedies, including damages and injunctive relief, against any party responsible for unauthorised access.

    8. Termination

    OpenPharms reserves the right to suspend or terminate your access to the Platform at any time, without prior notice, if we reasonably believe that you have breached these Terms, engaged in fraudulent or unlawful activity, or posed a risk to the safety or integrity of the Platform or its users.

    9. Governing Law and Jurisdiction

    These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Western Cape Division, Cape Town.

    10. Severability

    If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

    11. Entire Agreement

    These Terms, together with the OpenPharms Privacy Policy, constitute the entire agreement between you and OpenPharms regarding your use of the Platform and supersede all prior agreements, representations, or understandings.

    12. Amendments

    OpenPharms reserves the right to amend these Terms at any time. Material changes will be communicated via the Platform or by email. Your continued use of the Platform after such notification constitutes acceptance of the amended Terms.

    13. Contact

    For compliance-related enquiries or to report suspected misuse:
    Email: admin@openpharms.com
    Phone / WhatsApp: 064 556 1022