Terms of Service
Scope of Agreement
This Agreement governs your use of the Website and is the entire agreement between you and Us. This Agreement supersedes all previous agreements with respect to use of the Website. If there is any inconsistency or conflict between the provisions of this Agreement and any other agreements with Us, this Agreement governs access to the Website. Other agreements govern all other matters.
Any ambiguities will not be interpreted against Us when interpreting this Agreement.
Changes to Terms of Service
We may change these Terms (“Updated Terms”) without notifying you. Each time you access the Website, you are bound by the terms in effect. You must regularly review this Agreement to keep informed of any changes. If you no longer agree to these terms, please do not use the Website. The Updated Terms are effective at the time posted and apply to your use of the Website from that time forward.
Use of Website
During the term of this Agreement, We grant you a limited, non-exclusive, non-transferable license to access the Website for your personal and non-commercial use in accordance with the Terms. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
You agree, as a condition of your use of the Website and Our services, that We and any of Our affiliates may use any contact information you provide to contact you regarding promotion of the services offered by such affiliates. Messages from Us will always clearly denote the services being promoted in such messages. You may unsubscribe from messages from Us at any time.
If you wish to purchase any product or service on the Website (“Purchase”), you may be asked to provide information relevant to your Purchase including your credit card number, expiration date, billing address, and shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, or error in your order.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service and accuracy, we regularly update the products and services on the Website.
We cannot and do not guarantee the accuracy or completeness of any information including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite Our best efforts, the products or services available on the Website may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Website and in Our advertising on other websites. We undertake no obligation to update, amend, or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website indicates that the information on the Website or on any related website has been modified or updated.
Intellectual Property Rights
The design, trademarks, service marks, and logos of the Website (“Marks”) are owned by or licensed to Us, subject to copyright and other intellectual property rights under the laws of Canada, foreign laws and international conventions. You will not use, copy, or distribute any of the Marks unless we give you express permission to do so.
You will not do any of the following:
(A) copy, distribute, or disclose any part of the Website or framing, mirroring, scraping, or data mining of the Website or any of its content in any form and by any means is strictly prohibited;
(B) use any automated system, including without limitation “robots,” “spiders,”, “offline readers,” etc., to access the Website;
(C) transmit spam, chain letters, or unsolicited emails;
(D) attempt to interfere with, compromise system integrity or security, or decipher any transmissions to or from the servers running the Website;
(E) take any action that imposes an unreasonable or disproportionately large load on site infrastructure, such as a DDoS attack;
(F) upload invalid data, viruses, worms, or other software agents through the Website;
(G) collect or harvest any personally identifiable information, or information stored through cookies, from the Website;
(H) use the Website for any commercial solicitation purposes;
(I) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct in any fraud, or hide or attempt to hide your identity;
(J) interfere with the proper working of the Website;
(K) access any content on the Website through any technology or means other than those provided or authorized by the Website; or
(L) bypass measures used to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Website’s content and services.
No Registration Needed
Registration is not required to access the Website. However, you will be asked to confirm that you are of the legal age to purchase and consume cannabis products in your province.
If you provide us with an email address you are responsible for the currency, completeness, and accuracy of that information. We are not liable for your failure to provide us with a current email address.
When you create an account with Us, you must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Website.
You are responsible for safeguarding your Website login password and for any activities or actions under your password, whether your password is with the Website or a third-party service.
You will not disclose your password to any third party. You must notify us immediately if you find out of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Products or Services
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to the Return Policy.
We have made every effort to display as accurately as possible the colors and images of Our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We may limit the sales of Our products or services to any person or geographic region. We may exercise this right on a case-by-case basis. We may limit the quantities of any products or services We offer. We may change product descriptions and pricing at any time without notifying you. We may discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Website will be corrected.
We cannot guarantee that unauthorized third parties will be unable to bypass the Website’s security measures or use any other personal information you provide for improper purposes. You acknowledge that you provide personal information at your own risk.
Limitations on Access
We may establish limits concerning access to the Website at any time.
The Website may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of the content, products, or services found on third-party websites or resources. Links to third-party websites or resources do not imply any endorsement by Us. You assume all risk and responsibility arising from your use of third-party websites or resources.
You may have the ability to access and use content provided by third parties through the Website. We cannot guarantee that such third-party content will be free of objectionable materials. We disclaim any responsibility or liability related to your access or use of any third-party content.
We respect the intellectual property rights of all other parties and We expect you to do the same. All property rights are protected under the Copyright Act RSC, 1985, c C-42.
You or Us may terminate this Agreement at any time by notifying the other party. We may terminate or suspend your access to or ability to use the Website immediately without prior notice or liability. Termination of your access to and use of the Website will not relieve you of any obligations arising prior to termination or limit any liability that you may have to Us or a third party. Your right to access the Website will cease immediately upon termination of your access.
The terms of the Agreement that survive termination include ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website does not relieve you of any obligations arising prior to termination or limit any liability that you otherwise may have to Us or any third party.
The Website is provided on an “as is” basis without any warranties of any kind. As permitted under applicable law, We disclaim all warranties, express or implied, statutory or otherwise including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
Limitation of Liability
To the extent permitted by applicable law, We are not liable for any damages of any kind, including loss of use, loss of profits, or loss of data, arising out of the use of or inability to use the Website. Such damages also include any damages caused by or resulting from reliance by you on any information obtained from Website, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
You agree to indemnify: (i) Us; (ii) Our subsidiaries and affiliated companies; (iii) Our officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal fees and costs) and all amounts paid in settlement relating to use of the Website. We may assume the exclusive defense and control of any matter for which users have indemnified Us and you will assist and cooperate with Us in the defense or settlement of any such matters.
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the province of Alberta and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
For any dispute you have with Us, you agree first to contact Us and attempt to resolve the dispute informally. If this is not possible, the claim will be resolved through arbitration, as permitted by applicable law.
(A) The award rendered by the arbitrator will include costs of arbitration, reasonable legal fees, and reasonable costs for experts and other witnesses. Any judgment on the award given by the arbitrator may be entered in any court of competent jurisdiction.
(B) You and We are not prevented from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access.
(C) All claims must be brought in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the parties agree otherwise, the arbitrator may not consolidate more than one person’s claims.
(D) Any arbitration contemplated under this section will be subject to any applicable laws.
(E) You waive your right to a trial by jury or to participate in a class action.
Violation of Terms
Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.
If any other provision of this Agreement are unenforceable, the rest of the Agreement will continue in full force and effect, unless as a result of any such severance this Agreement would fail in its essential purpose. Any rights not expressly granted by this Agreement are reserved by Us. The headings used in these terms are for convenience only and will not limit or otherwise affect these terms.
We welcome any comments, suggestions, or concerns that you have. Please get in touch with Us through email at firstname.lastname@example.org.