READ AND ACCEPT THE FOLLOWING IMPORTANT TERMS BEFORE USING OUR PLATFORM OR SERVICES. YOU MUST LEAVE THIS WEBSITE IMMEDIATELY IF: (A) YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION (WHICHEVER IS GREATER); (B) ACCESSING THIS WEBSITE IS UNLAWFUL IN YOUR JURISDICTION; OR (C) YOU ARE NOT LEGALLY AUTHORIZED TO USE OR POSSESS CANNABIS FOR MEDICAL USE IN YOUR JURISDICTION.
1.2 THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 14.1 WHICH PROVIDES THAT YOU AND THE COMPANY WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THESE TERMS. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH THE COMPANY, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY. ADDITIONALLY, IN SECTION 14.2 OF THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST THE COMPANY. PLEASE CAREFULLY READ SECTIONS 14.1 AND 14.2.
1.3 IF YOU ARE USING OR ACCESSING OUR PLATFORM ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OR AGENT OF THAT ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; AND (II) AGREE TO THESE TERMS ON BEHALF OF SUCH ENTITY. IN SUCH A CIRCUMSTANCE, THE WORDS “YOU” AND “YOUR” AS USED IN THESE TERMS WILL REFER TO AND APPLY TO BOTH THAT ENTITY AND YOU PERSONALLY.
1.4 The Company is registered in British Columbia and has a business address at 185 – 9040 Blundell Rd. Richmond, BC V6Y – 1K3
1.5 These Terms are only available in English. No other languages will apply to these Terms.
1.6 We reserve the right to amend these Terms, or any part thereof, at any time, by posting the amended version on our Platform and sending you written notice thereof at the email address on file in your Account. Such amendment will become effective 7 days after such notice, unless you terminate these Terms in accordance with section 13.2. Your continued use of the Platform after such 7-day notice period confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use of the Platform, including without limitation any content made available on the Platform. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party.
1.7 This Platform is intended for residents of Canadian jurisdictions where possession of medical cannabis is not unlawful. All other persons are prohibited from using the Platform and must leave the Platform immediately.
2.1 All Information made available on our Platform or otherwise made available from us to you, outside, is for informational purposes only. The materials, content, User Content, and other information on Platform may contain errors, omissions, or mistakes and the Company shall not have any liability related thereto. We do not provide medical or legal advice and nothing on our Platform should be construed as being medical or legal advice. Do not use information on our Platform as a substitute for medical or legal advice. Information and products on our Platform are not intended to diagnose, treat, or prevent any diseases or medical conditions. Always speak with a qualified professional advisor before making medical or legal decisions. We are not responsible the accuracy or reliability of, and do not endorse, any User Content (defined below), third-party materials, or other third-party information or opinions shared on the Platform. We are not responsible for, any relationship you have with any retail location, dispensary, medical services provider, doctor, nurse practitioner, third-party, or other users of the Platform. We do not verify the accuracy, safety, or legality of any medical advice provided by any doctor, nurse practitioner, or other medical health professional that provides advice through our Platform or any information or products provided by any retail location, dispensary, medical services provider, third-party, or other user. You use the Platform, and all materials, content, User Content, and information made available on the Platform, at your own risk.
2.2 Cannabis, cannabis derivatives, cannabis accessories, and cannabis related by-products are illegal in many jurisdictions. In Canada, possession, distribution, or production of cannabis or cannabis related products can result in significant criminal penalties including imprisonment. You agree not to access or use the Platform, or information made available on the Platform, unless doing so is not unlawful in your jurisdiction. You are solely responsible for determining whether access or use the Platform, or information made available on the Platform, is not unlawful in your jurisdiction.
2.3 Consumption of cannabis is not without risk. Effects vary from person to person. Consult with your doctor first before consuming cannabis to confirm if it is safe for you. Do not drive vehicles or use other heavy machinery after consuming cannabis.
2.4 No statements on this Platform have been evaluated by the, Health Canada the Canada Food Inspection Agency or the Food & Drug Administration (FDA).
THE PREVIOUS DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL NOT LIMIT OR DERROGATE THE OTHER DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT BELOW.
3. REGISTRATION OBLIGATIONS
3.1 To use certain parts of our Platform, you must first complete the registration process to create an account (“Account“) and select and register a unique user name and password (collectively, “Credentials“). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify the Company if you know or suspect that your Account or Credentials have been used by any other person.
3.2 During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form (such information being the “Registration Data“). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof) by you. Individuals under 18 years of age or below the age of majority in their jurisdiction are prohibited from registering on any portion of the Platform.
3.3 The Company may act upon any communication that is given through your Account or by using your Credentials. The Company is not required to verify the actual identity or authority of a person using your Account or Credentials, but the Company may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if the Company is not satisfied with the verification. If the Company, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then the Company may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
5. USE OF THE SITE
5.1 We authorize you to view, download and print a single copy of materials and content provided on this Platform for your personal, non-commercial use only and only in connection with your registering on the Platform. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Platform’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Platform or this Platform’s materials or content without the prior written permission of the Company is strictly prohibited. The Company reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and the Company reserves the right to suspend or terminate your access to any part of this Platform immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Platform.
6. TRADE-MARKS AND COPYRIGHT
6.1 The Company, Medscriptter, and related words and logos are trade-marks or trade-names of the Company in Canada and other jurisdictions. The Company is the owner in Canada as well as in other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Platform will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of the Company. The names of other companies, products and services referred to on this Platform may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of the Company or of third-parties is strictly prohibited.
6.2 The materials provided on this Platform including, without limitation, all portions of this Platform, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to Company materials remains with the Company and any unauthorized use of such materials is strictly prohibited. The Company reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.
6.3 Subject to and conditioned on your compliance with these Terms, the Company hereby grants you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to: (a) access and view the Platform and User Content; and (b) download, install, and use the App on your mobile device for the limited purpose of facilitating your personal use of the Platform.
6.4 You agree that your ability to download and access the App is depends on the third-party application upon which the App is made available (such as the the Apple App Store® or the Google Play® Store) (the “Application Store”). You agree that these Terms are not between you and the Application Store but instead are between you and the Company. The Company is solely responsible for the App, including support services, maintenance, warranties content, and addressing any claims in connection with the App. To the extent the Application Store charges you fees in connection with the App, you agree to pay those fees. Your use of the App may require your prior acceptance to additional terms and conditions. The Application Store may also have its own terms and conditions which you must first accept before downloading the App. You must comply with all terms and conditions connected to your download and use of the App, which includes, without limitation, the terms and conditions of the Application Store. Your continued access to the App is condition upon such compliance. You agree that the Application Store (and its subsidiaries) is a third-party beneficiary of these Terms and therefore can enforce its terms.
6.5 It is the Company’s policy, in appropriate circumstances, to terminate the Accounts of users who are repeat infringers or are repeatedly charged with infringement. Your Account will immediately cease being active if suspended, cancelled, or terminated.
7.2 Any software provided or recommended by the Company is provided or recommended “as is” and is without warranty of any kind. You accept all risk arising out of the use of any software provided by the Company unless explicitly stated in the accompanying EULA. Furthermore, you may not reproduce or redistribute any software unless expressly allowed to do so by the Company.
8. USER GENERATED CONTENT
8.1 Portions of this Platform may allow Users to post and exchange information and content (such information and content, “User Content“), such as images, text, data, audio, and video, but the Company does not screen, edit or review any User Content before it is posted or transmitted. You retain the copyright and any other rights you already hold in User Content. By posting User Content on our Platform, you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) licence to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, publish, sublicense, create derivative works from, and distribute your User Content, subject to these Terms, without any notice or compensation to you or any other person (the “User Content Licence”). You confirm, represent, and warrant to the Company that you have all the rights, power, and authority necessary to grant the User Content Licence and that any User Content you submit to us or otherwise post on the Platform is and shall be your own original work or work which you are authorized to supply to us. When you post any User Content on our or through our Platform, and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content. Please note that posted or transmitted User Content does not necessarily reflect the views of the Company, and the Company disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Platform. You use User Content at your own risk.
8.2 You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using the Platform, is the sole responsibility of the person from whom it originated. This means that you, and not the Company, are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available via the Platform or Services; and (ii) for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. The Company does not control the User Content posted via the Platform and, therefore, does not guarantee the accuracy, integrity, or quality of any User Content. You therefore agree that you will not hold the Company responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available via the Platform.
8.3 You acknowledge that the Company does not pre-screen, monitor, or modify User Content, but that the Company has the right (but not the obligation) to refuse, remove, modify, or delete any User Content that is available via the Platform that violates these Terms, or is otherwise objectionable, in our discretion. You acknowledge and expressly consent to the Company, accessing, preserving, and disclosing your Account information and User Content if required to do so by law or if in good faith the Company believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of the Company, or our affiliates, staff, users, or the public.
8.4 The Company owns all data, information, materials, works, and content derived or created from User Content (“Derivative Content”)
8.5 We value your visit to our Platform and welcome any questions, comments or feedback you might have about this Platform, these Terms, or services offered by the Company (“Feedback“). Please refer to the Contact section of this Platform for phone and email addresses. That said, the Platform is not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions. You agree we are free to use your Unwanted Submissions as we see fit without any liability owed to you.
8.6 If you provide Feedback, or Unwanted Submissions, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant the Company the right to use the name you submit with the User Content or Feedback, if any, in connection with our rights hereunder.
8.7 You represent, warrant, and covenant to the Company that your User Content, Feedback, and Unwanted Submissions do not violate the privacy rights, intellectual property rights, or any other rights, of any person.
8.8 Our Platform may provide you the ability to post reviews regarding products, services, retail locations, and dispensaries, or licensed cannabis providers. You agree that you will not post any review if you have or will receive any compensation (monetary or otherwise) for such a review. You further agree that all your reviews will be based on your first-hand knowledge. If you are an employee, owner, or volunteer of a cannabis business or organization, you must not post reviews. Reviews must: (a) not be defamatory; (b) not contain advertisements, links, or spam; (c) not be of a sexual, racial, or obscene nature; (d) be your own original content; (e) be limited to the specific product or dispensary, location, or provider being reviewed.
9. THIRD PARTIES
9.2 Any interactions you have with other users of the Platform are solely between you and the other user. The Company is not responsible or liable for any losses, harms, or damages you suffer as a result of any interactions you have with other users. The Company is not obligated to mediate, adjudicate, or remedy any dispute that you may have with other users or third-parties.
10. ACCEPTABLE USE AND RESTRICTIONS
10.1 In addition to complying with these Terms, you agree to use this Platform and materials and contents on this Platform for lawful purposes only and in a manner consistent with local, state, provincial, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
10.2 Potential users of this Platform or any of its services or products, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in part; or (ii) render accessing this Platform or any of its services, or contents illegal; are not permitted to access or use this Platform or any of its services or contents.
10.3 As a condition of your access and use of the Platform, you agree:
(a) not use this Platform, or the contents and materials on this Platform in any manner that:
(i) infringes, violates or misappropriates the intellectual property rights of any third-party;
(ii) may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity
(iii) violates applicable law or would constitute a tort;
(b) not to use the Platform for any purpose that is unlawful under applicable law, tortious, or prohibited by these Terms;
(c) not to use the Platform if doing so is unlawful in your jurisdiction;
(d) not to use or access, or attempt to use or access, an Account which is not your own;
(e) not to transfer, assign, or rent out your Account to any other person;
(f) not to falsely state or misrepresent the origin of any User Content provided by you;
(g) not to use the Platform or any of its contents and materials if you are not the age of 18 or the age of majority in your jurisdiction (whichever is greater);
(h) not to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
(i) no use scrappers, indexing tools, or other automated tools for the purposes of data mining or surveying on the Platform;
(j) not to use bots or automated tools on the Platform;
(k) not to mirror or frame any part of the Platform;
(l) not to harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable data protection and privacy laws;
(m) not to inhibit any person’s use or access of the Platform or impair any element of the Platform or its underlying infrastructure;
(n) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Platform or its content in a way that brings us or any third-party into disrepute or causes us to be liable to any third-party;
(o) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third-party or otherwise publish, deep-link, create derivative works from or exploit in any way the Platform or its content except as permitted by us under these Terms or as expressly provided under applicable law;
(p) not to use the Platform to distribute viruses or malware or other similar harmful software code;
(q) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
(r) not to register more than one Account;
(s) not to use the Platform to harass, inconvenience, annoy, cause nuisance, occasion violence on any person, or cause property damage;
(t) not to use the Platform to infringe any person’s intellectual property rights, including without limitation copyright, trademark, trade secret, and patent rights, or rights of publicly or privacy;
(u) not to rent out, stream, distribute, lease, publicly perform, publicly display, transmit, broadcast, resell, modify, reproduce, prepare derivative works based upon, or otherwise exploit or commercialize the Platform except as expressly permitted by the Company;
(v) not to remove any intellectual property or proprietary property notices, including copyright and trademark notices, from the Platform;
(w) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform;
(x) that you are solely responsible for keeping your password and other Account details confidential;
(y) to act professionally and courteously when using the Platform; and
(z) to comply with any additional posted guidelines or rules applicable to specific services or features relating to the Platform which may be posted by the Company from time to time (such additional guidelines or rules are hereby incorporated by reference into these Terms).
10.4 We reserve the right to prevent or suspend your access to the Platform if you do not comply with any part of these Terms or any applicable law.
10.5 While we make commercially reasonable efforts to ensure that the Platform is available, we do not represent, warrant or guarantee in any way the Platform’s continued availability at all times or uninterrupted use by you of the Platform. You acknowledge that access and use of the Platform may be subject to bugs, malfunctions, delays, and downtime. You recognize that, due to the nature of the internet and electronic devices, your access and use of the Platform may be inhibited or affected by factors outside of our control. We may terminate these Terms or stop providing the Platform to you at any time in its sole discretion.
10.6 Although the Company reserves the right to monitor, edit, review or remove content from the Platform, we do not represent, warrant or promise (whether expressly or by implication) that any content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information that we provide on the Platform is at your own risk and we may suspend or terminate operation of the Platform at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Platform does not constitute technical, financial, medical, or legal advice or any other type of advice and should not be relied on for any purposes.
10.7 You are solely responsible for all costs, expenses, and liabilities connected to your access and use of the Platform. Without limiting the generality of the foregoing, you are responsible for (a) your internet, wireless, and data costs incurred in connection with your use or access of the Platform; (b) obtaining and maintaining any device or other hardware or software you use to access and use the Platform.
10.8 Availability of the Platform is subject to your continued access to sufficient internet and/or data services.
10.9 We do not guarantee that the Platform will work on all hardware. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use the Platform, as updated from time to time.
11. REPRESENTATIONS AND WARRANTIES
11.1 In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to us that:
(a) You are 18 years of age or the legal age of majority as that is defined in your jurisdiction (whichever is greater);
(b) All information in your Account, and any other information you provide us, is true, accurate, current, and complete, including, without limitation, your age and residency information;
(c) you have provided accurate and complete information on your Account registration form and will keep such information updated and current;
(d) you are using the Platform in a jurisdiction where access to, and use of, the Platform (or any part thereof) is not prohibited or illegal;
(e) if your business uses the Platform, your business has complied with all applicable licensing, permit, and registration requirements related to your business;
(f) your User Content does not violate the privacy rights, intellectual property rights, or any other rights, of any person;
(g) you have all authorizations and licenses necessary to post your User Content on the Platform and to grant us the license thereto;
(h) you understand the contents of these Terms and have had the opportunity to obtain legal advice with respect to these Terms before agreeing to it; and
(i) you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your User Content to use his/her name and/or likeness.
12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, & INDEMNIFICATION
12.1 DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOU USE THE PLATFORM AND ITS SERVICES, AND CONTENTS (INCLUDING USER CONTENT) AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE PLATFORM, SERVICES, CONTENT, USER CONTENT, THIRD-PARTY CONTENT, AND ANY PRODUCTS OR SERVICES REQUESTED OR OBTAINED THROUGH YOUR USE OF THE PLATFORM. WITHOUT LIMITING THE FORGOING, PLATFORM, SERVICES, CONTENT, USER CONTENT, THIRD-PARTY CONTENT, AND ANY PRODUCTS OR SERVICES ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE PLATFORM OR SERVICES WILL FUNCTION WITHOUT ERRORS, INTERRUPTION, OR DOWNTIME.
12.2 LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE COMPANY, OR THE COMPANY’S REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR GREATER CERTAINTY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANYTHING WHICH RESULTS FROM:
(a) YOUR USE OF OR RELIANCE ON THE PLATFORM;
(b) YOUR INABILITY TO ACCESS OR USE THE PLATFORM DUE TO ANY CAUSE;
(c) ANY TRANSACTION, CONTRACT, RELATIONSHIP OR ENGAGEMENT YOU HAVE WITH ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, OTHER USERS);
(d) ANY SERVICES OR PRODUCTS YOU REQUEST OR RECEIVE THROUGH THE PLATFORM;
(e) YOUR RELIANCE ON CONTENT, USER CONTENT, THIRD-PARTY CONTENT, OR INFORMATION MADE AVAILABLE ON THE PLATFORM;
(f) THE ACTS OR OMISSIONS OF ANY USERS;
(g) ANY ACT YOU MAKE OR FAIL TO MAKE AS A RESULT OF YOUR USE THE PLATFORM; OR
(h) ANY OTHER MATTER RELATING TO THE PLATFORM.
12.3 THE COMPANY MAKES NO REPRESENTIONS, WARRANTIES, OR GUARANTEES REGARDING:
(a) THE RELIABILITY, SUITABILITY, CERTIFICATION, LEGALITY, SAFETY, TIMELINESS, QUALITY, OR AVAILABILITY OF ANY PRODUCT SOLD TO YOU BY ANY LICENSED PROVIDER OF MEDICAL CANNABIS OR MARIJUANA;
(b) ANY INFORMTATION GIVEN BY ANY MEDICAL PROFESSIONAL INCLUDING NURSE PRACTITIONERS OR DOCTORS,
(c) RECOMMENDATIONS FROM VENDORS, CLIENTS, PURCHASERS, OR ANY OTHER USERS;
(d) THE IDENTITY, BACKGROUND, OR QUALIFICATIONS OR ANY DOCTOR, NURSE PRACTIONER, VENDORS, CLIENTS, PURCHASERS, OR ANY OTHER USERS;
(e) THE TRUTH, COMPLETENESS, OR ACCURACY OF ANY POSTINGS, LISTINGS, ADVERTISEMENTS, COMMENTS, OR COMMUNICATIONS MADE BY ANY DOCTORS, NURSE PRACTITIONERS, VENDORS, CLIENTS, PURCHASERS, OR ANY OTHER USERS; OR
(f) A VENDOR’S ABILITY TO DELIVER MEDICAL CANNABIS TO YOU.
12.4 WITHOUT LIMITING SECTION 12.2, IN NO CIRCUMSTANCE WILL THE COMPANY OR THEIR REPRESENTATIVES AGGREGATE LIABILITY EXCEED ONE HUNDRED AND FIFTY CANADIAN DOLLARS IN ALL CASES.
12.5 The Company strives to keep your personal information, User Content, and Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information, User Content, or Account. BY USING THE PLATFORM, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE THE COMPANY AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, FAILURE, OR SHORT COMING OF THE SERVICES. If you believe that a security breach is occurring, or will occur, you must notify us immediately.
12.6 Notwithstanding any other provision of these Terms, if applicable law limits or prohibits the application of sections 12.1 to 12.5, then the Company and its Representatives liability will be limited and excluded to the maximum extent permissible.
12.7 No Medical Advice. You acknowledge and agree that: (a) the Company is not providing medical advice; (b) the Company will not advise you with respect to any medical matters. The Company is not your doctor or health professional with respect any medical conditions or concerns you have. You agree that the Company is not a health provider or practitioner, nurse, doctor or medical clinic.
12.8 Indemnification. You agree to defend, indemnify and hold harmless the Company from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of the Platform, its content or materials, User Content, Feedback, or Unwanted Submissions, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, the Company retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
12.9 User Dispute. If you have a dispute with any user, you release the Company and its Representatives from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12.10 Reliance. You understand and agree that we are making the Platform available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your Account or suspension or termination of use of, or access to, Platform.
13. TERM AND TERMINATION
13.1 These Terms are effective upon your Acceptance of these Terms. If you have not accepted these Terms, you must cease using the Platform immediately.
13.2 You may terminate these Terms at any time by providing us written notice at [email protected],com with your Account name. If you terminate these Terms you are prohibited from accessing or using the Platform.
13.3 We may terminate these Terms at any time by providing written notice to the contact address on file in your Account.
14.1 Arbitration. You agree that in the event of any dispute between you and the Company arising out of or relating to these Terms or the relationship between any the Company and you, that you and the Company shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and the Company. If you and the Company do not reach settlement within a period of 60 days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third-party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third-party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third-party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its rights, and for any other purpose, in any court of competent jurisdiction.
You may opt out of the above arbitration clause. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and the Company arising out of or relating to these Terms or the relationship between both the Company and you. To opt out, you must, within 30 days of accepting these Terms, deliver to the Company a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms. The statement must contain: (a) your name; (b) your address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:
If you opt out of the arbitration clause in the manner provided above, then you irrevocably agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or related to these Terms or your relationship with the Company.
14.2 Waiver. You agree to waive any right you may have to commence or participate in any class action against either the Company related to any claim and, where applicable, you also agree to opt out of any class proceedings against the Company. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.
15.1 Sections and parts 1.7, 6.1, 6.2, 8, 10.6, 10.7, 11 to 15 and all other provisions of these Terms which must survive termination of these Terms to fulfill their purpose will survive termination of these Terms or the cancellation of your Account.
15.3 Notwithstanding section 15.2 of these Terms, your use of the Platform is subject to any other written and duly executed contracts you may have with the Company (a “Supplemental Contract”). In the case of any conflict between these Terms and a Supplemental Contract, the terms of such Supplemental Contract shall prevail.
15.4 We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under this these Terms to any person.
15.5 The courts in some countries or provinces will not apply the law of British Columbia to some types of disputes. If you reside in one of those countries or provinces, then where British Columbia law is excluded from applying, your country or province’s laws will apply to such disputes related to these Terms. Otherwise, these Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15.6 Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.
15.7 To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms are held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
15.8 Headings are for convenience only and shall not affect the interpretation of these Terms.
15.9 References to dollar amounts in these Terms and on the Platform are in Canadian dollars unless otherwise stated in writing.
15.10 The parties acknowledge that they have required that the Terms, and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais. If these Terms are translated into another language, the English language text shall in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”.
15.11 These Terms will endure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.
15.12 The Company may give notice to you by email, letter, or SMS to the applicable address or number you provide on your Account or by notice posted on the Platform. You may provide notice to us by letter to [email protected]
15.13 You agree to provide such further documents or instruments, and take such further actions, reasonably requested by the Company, to effect the purposes of these Terms and carry out its provisions.
15.14 In no event will the Company be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent that such failure or delay is caused by any circumstances beyond the Company’ reasonable control, including acts of God, flood, fire, earthquake, tsunami, explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.