Terms and Conditions

Cannalogue WEBSITE Terms and Conditions

 

Last Updated: September, 2019

 

1.         Introduction

 

This website www.cannalogue.ca (the “Site”) is owned and operated by 1961628 Ontario Corp O/A Cannalogue (“Cannalogue”, “we”, “us”, and “our”). These Terms and Conditions (“Terms”) apply to the use of the Site, Content, Materials and the Products and Services offered on or through the Site, as are described in more detail below. These Terms incorporate Cannalogue’s Privacy Policy, which explains how we handle your personal information. You can access the Privacy Policy here.    

 

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OR ACCESS OUR SITE AND SERVICES OR PURCHASE ANY PRODUCTS. 

 

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS. ACCESS AND USE OF THE SITE, SERVICES, CONTENT, MATERIALS AND THE PRODUCTS PROVIDED BY CANNALOGUE. BY ACCESSING OR USING THE SITE, SERVICES, CONTENT, MATERIALS, BY COMPLETING AN APPLICATION TO CREATE AN ACCOUNT (AS DEFINED BELOW), OR BY PURCHASING PRODUCTS (INCLUDING THE PURCHASE OF ANY THIRD PARTY PRODUCTS OFFERED ON THE SITE), YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES, CONTENT OR MATERIALS OR PURCHASE THE PRODUCTS AVAILABLE ON OR THROUGH THE SITE. 

CANNALOGUE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT, MATERIALS, SERVICES OR PRODUCTS ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SITE FROM OUTSIDE OF CANADA, INCLUDING LOGGING INTO AN ACCOUNT, ORDERING PRODUCTS FOR DELIVERY WITHIN CANADA, REVIEWING THE CONTENT OR MATERIALS (INCLUDING ANY PUBLICLY-AVAILABLE OR LOGIN-ONLY CONTENT RELATED TO THE PRODUCTS), OR OTHERWISE USING THE SITE OR SERVICES, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAW OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.

2.         Overview of the Site, Services and Products

 

On and through the Site, we provide users with information about and access to regulated medical cannabis products (“Cannabis Products”), Cannalogue-branded accessories (“Branded Accessories”) and  third party accessories (“Other Accessories” and together with the Cannabis Products, Branded Accessories, the “Products”), which are available for sale to users of the Site in accordance with the Applicable Law (as defined below) and these Terms.  We also provide data, information, documents, reviews, Product Descriptions (as defined in Section 7) tools and other materials (the “Content”) through the Site which users are able to access and use in accordance with Applicable Law and these Terms (the “Services”).

 

3.         Void Where Prohibited by Law

 

If you are located in a jurisdiction where it is forbidden by law to purchase or access the Products or Services offered by or on the Site or to participate in activities in connection with the Site, you may not enter or use the Site, Services or purchase the Products offered on the Site. By using this Site you are explicitly stating that you have verified that your use of this Site, Services and your purchase of the Products is permitted under Applicable Law. For clarity, and without limiting the foregoing, the Products are only for use within Canada by individuals resident in Canada who are Registered Patients that qualify as a “Patient” under the Cannabis Act (Canada) and who are permitted to access, purchase and use the Site, Services and Products otherwise in accordance with Applicable Law. 

The Site, Services and Products are not intended for use by individuals under the age of majority (or the age required to be legally allowed to use, access and/or purchase the Sites, Services or Products). In order to access the Site, you must enter your legal date of birth. You must be the legal age of majority in your province or territory of residence to use the Site. If you check the box to have the Site remember you for 30 days, you represent and warrant that (a) you have entered your legal date of birth; and (b) that you are not using a public or shared device, or any type of device that a minor may be able to access.   

If you are under the legal age of majority in your jurisdiction of residence or if you are under the age of majority in the location from which you are using or accessing the Site (a “minor”), you are not permitted to access, review or otherwise use the Site, Services or Products without the supervision by and guidance of a parent or legal guardian. Being a minor does not preclude status as a “Patient” as defined in the Cannabis Act or as a Registered Patient, but in the case of a minor who meets the criteria required by Applicable Law to become a Registered Patient, Cannalogue requires that (a) a Responsible Individual for the Registered Patient be a party to these Terms, (b) the Responsible Individual be a parent or legal guardian of the Registered Patient, (c) the Responsible Individual complete all transactions for Products, (d) the Responsible Individual supervise and guide the Registered Patient during all use of the Site or the Services, including reviewing Content with information about the Products, whether available to the general public or only to Registered Patients after logging in to their Account, and (e) the Responsible Individual is responsible for the Account.

If you are a minor and are seeking to access or use the Site, Content, Materials, Services or Products without the supervision of your parent or legal guardian, please exit the Site immediately and do not attempt to access or use the Site, Content, or Materials or to purchase any Products or Services offered through the Site.

4.         Privacy

 

Cannalogue is subject to the Personal Information Protection and Electronic Documents Act (Canada) and applicable Canadian provincial privacy legislation.  Privacy laws vary by jurisdiction.  You acknowledge and agree that your use and access to the Site and Services as well as the purchase of any Products through the Site is provided via the internet and that your information, including personal information (as defined in the Privacy Policy), may be transferred across national borders and stored or processed in accordance with the terms and conditions of our Privacy Policy

 

5.         Creation and Maintenance of Accounts

 

You may access the Site as a visitor, a Registered User, a Registered Patient or a Responsible Individual (each as defined herein). Your ability to interact with the Site, Services and purchase Products will depend on what type of user you are. 

 

Registered User

You may access the Site as a registered user. To become a “Registered User”, you must provide your first name, last name, email address and a password. Registered Users cannot purchase Products. To purchase Products, you must be a Registered Patient as described below.  

 

Registered Patient or Responsible Individual

In order to access the Site, Services and to purchase the Products, you must complete an application to create an account (the “Application”) as “Registered Patient” or a “Responsible Individual” in accordance with Applicable Law and the Terms (each, an “Account”). You may create an Account through the Site or you may register manually with Cannalogue over the phone and through letter mail as further described in the Privacy Policy. 

 

To have access to an Account, Cannalogue must register either yourself or an individual in respect of whom you are a “Responsible Individual” as a “Patient” as defined in the Cannabis Act (Canada)When completing the Application or maintaining an Account that you have created, you agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise (“Registration Information”); and (ii) maintain and update your Registration Information and other (including your contact information) to keep it accurate, current and complete.

 

You must not provide information that is inaccurate or impersonates any other person, including but not limited to, any Cannalogue employees or other users. In addition, you must not provide information that is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the requirements specified in these Terms. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access Site, Services, Content, Materials or Products via your username or password to any third person.

In addition to the Registration Information, Cannalogue requires an original medical document or a copy of a registration certificate as defined in the Cannabis Act. The original medical document must be executed by a health care practitioner as required by Applicable Law. You represent and warrant that the Medical Document that forms the basis for your Application is the original Medical Document and it has not been altered or modified in any way. After Cannalogue receives your Registration Information, the original copy of the medical document or the copy of the registration certificate, and any other information or documents requested by Cannalogue, Cannalogue may accept the Application. When the Application is accepted, you or the individual in respect of whom you are a Responsible Individual will become a Registered Patient and Cannalogue will provide you with access to an Account. The Account will be specific either to (a) you as a Registered Patient, or (b) you as a Responsible Individual and an individual in respect of whom you are a Responsible Individual as a Registered Patient. Subject to being (i) both a Responsible Individual and a Registered Patient, or (ii) a Responsible Individual for more than one individual who is either a Registered Patient or has completed an Application, you may not complete an Application or create an Account for more than one individual. Cannalogue reserves the right to confirm or request confirmation of your compliance with any or all of the foregoing requirements of the Application, including the Registration Information, at any time, including by further independent investigation or requesting supporting documentation from you or another person and to the extent permitted by Applicable Law, will notify you of any such further independent investigation or requesting supporting document from you or another person.

 

Prior to completing the sign up process for an Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms. If you do not agree to these Terms, you may not sign up for an Account and you shall not have the right to use or access the Site, Services or to purchase the Products offered on the Site. For clarity, by seeking to use or access the Site as a Registered Patient or Responsible Individual (including by providing us with any Registration Information), you agree that these Terms shall apply to you and your use of the Site, Content and Materials.

 

If and when Cannalogue has accepted and approved your Application to create an Account as a Registered Patient or a Responsible Individual, you will be provided with access to your Account. In the course of being granted access to your Account, you will be required to create a User ID. Your User ID identifies and associates you with your Account and is required for you to login to your account. With your User ID, you may log in to your account and purchase Products for delivery to an address included with your Registration Information and associated with your Account. You cannot transfer your Account to any other person, or permit anyone to use the Account. You may not use the Account, User ID, username, or password of anyone else at any time. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID and/or Account, you may lose control over your personal information contained therein and may be subject to legally binding actions taken on your behalf and associated liability. You agree to: (a) immediately notify Cannalogue by email at info@cannalogue.ca of any unauthorized use of your Account or any other breach of security, or any suspicion of such authorized use of your Account, and to identify your username in the email, and (b) ensure that you log out from your Account at the end of each session.

 

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU FURTHER AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT CANNALOGUE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS UNDER THESE TERMS WHILE ACCESSING THE SITES, CONTENT, MATERIALS SERVICES OR PRODUCTS (OR OTHERWISE ACCESSING OR USING YOUR ACCOUNT).

We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account. 

You agree that any status as a Registered Patient or Responsible Individual is at all times subject to the requirements of Applicable Law. You further agree that we may refuse, cancel or terminate any status as a Registered Patient at any time and without notice if, in our sole discretion, we believe that:  (a) any false or misleading information or documentation has been submitted as Registration Information or otherwise in or with an Application or a request to amend any Registration Information or other aspect of an Application or status as Registered Patient or Responsible Individual, (b) any false or misleading information or documentation was relied on by a health care practitioner in exercising their discretion to issue your medical document as defined in the Cannabis Act (Canada), (c) you have failed to comply with these Terms, or (d) you are otherwise ineligible to be a Registered Patient for any reason.

YOU AGREE THAT CANNALOGUE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED STATUS AS A REGISTERED PATIENT.

6.         Not Medical Advice

 

The Site, Services and Content are provided for general informational purposes only, and do not constitute any representation as to the safety, efficacy, suitability, effectiveness or other features of the Products in the treatment or management of any medical condition or for any other purpose, and are not intended to provide, or to be a substitute for, professional medical advice.

 

ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE

PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR A PHYSICIAN IMMEDIATELY. IF YOU THINK THE MEDICAL EMERGENCY MAY BE A RESULT OF A PRODUCT PURCHASED FROM CANNALOGUE, PLEASE CONTACT CANNALOGUE AT info@cannalogue.ca OR  1-833-226-6248 AFTER THE MEDICAL EMERGENCY HAS BEEN ADDRESSED OR OTHERWISE RESOLVED.

 

7.         Sale of Products

Subject to Section 3 of these Terms, the Site may allow you to purchase Products on or through the Site. 

 

Only Registered Patients are able to purchase the Products listed for sale on the Site which are offered by third parties who have entered into formal agreements with Cannalogue (the “Suppliers”). If listing Cannabis Products for sale, Suppliers will hold a Cultivation License and a Sales License issued by Health Canada and are in the business of cultivating, manufacturing, and/or selling Products. Each Supplier provides a description of its own Products (a “Product Description”) and an estimate of available inventory. We request the Supplier describe the Product as accurately as possible, but we do not vet the Product Description for accuracy and all Product Descriptions are provided for convenience only. We do not warrant that Product Descriptions or other content of any Service and/or the Site is accurate, complete, reliable, current, or error-free. We do not independently verify the available inventory of each Product. The available inventory number is updated from time to time but we do not guarantee that the estimate will accurately reflect the actual on-hand number of Product held by the Supplier. 

 

Each Supplier is solely responsible for determining the price of the Product and any delivery charges and all order fulfillment, including shipping and delivery. Products are shipped only to Canadian addresses. Products will not be shipped internationally. Cannalogue cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered by you.

 

You will receive an email confirmation from Cannalogue after you place an order and you will receive separate email notification(s) when each Product in your order has shipped. This means that if your order contains Products from multiple Suppliers you may receive multiple shipment notifications and tracking numbers, if available. 

 

All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Cannalogue may, in its sole discretion, limit or cancel the quantities offered on the Site or limit sales of the Products or Services to any person, household, geographic region or jurisdiction.

 

Cannalogue reserves the right, in its sole discretion, to cancel or refuse orders for your failure to comply with Applicable Law, including if we believe that you have made a false or fraudulent order that is or appears to be inconsistent in any way with Applicable Law, and to inform the relevant authorities in accordance with Applicable Law. 

 

Some situations may result in your order for Products or Services being cancelled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product, inventory or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

 

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available of any Products for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method (e.g., credit card) has been charged, we will issue a credit to you (e.g., refund to your credit card you used to make the purchase) in the amount of the charge.

 

Although we will endeavor to provide you with the most accurate information regarding the Products, pricing or typographical errors may occur.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing, inventory, Product or service information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Site.

 

Subject to Applicable Laws, we may amend the Site, Services and the Products listed on the Site, and/or the amounts that we charge at any time without prior notice.

 

If you have any questions or concerns with your order, please contact us at info@cannalogue.ca.

 

 

8.         Insurance Coverage

 

At your request, Cannalogue may, but will not be obliged to, seek pre-approval from any insurer or other similar entity, whether private or public (an “Insurer”), to invoice the Insurer on your behalf for covered Products or Services. If such pre-approval is granted, Cannalogue may, in its sole discretion, directly invoice the Insurer for a claim on your behalf for all or part of the cost (the “Covered Amount”) of any Product or Service you order (a “Claim”), as authorized by, and subject to any limitations imposed by, the Insurer. You agree that Cannalogue will be entitled to disclose information to the Insurer as reasonably required to obtain such pre-approval or to process any Claim on your behalf, at your direction. If the Covered Amount is less than the full price of the Products or Services you order, you will be required to pay the balance at the time of purchase. You agree that you are at all times fully liable for the costs of any Products or Services you purchase. If any Claim is not reimbursed in full by the Insurer, Cannalogue will be entitled to collect any unpaid balance from you including by charging the unpaid amount to any credit card associated with your Account without further notice to you.

9.         Purchase of Products & Payment

 

Unless otherwise stated, all prices displayed on the Site are in Canadian Dollars. Prices for all Services and Products are indicated on the Site and are subject to change without notice. Where a price is inconsistent as between publicly-accessible portions of the Site and portions of the Site available only by logging in to an Account, the price as indicated on the portion of the Site available only by logging in to an Account is the correct price. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees, and applicable taxes for Products and Services at the time of the transaction with a valid payment method. If your payment method fails, if there is a failure in a Claim or your Account otherwise becomes past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies, or retaining legal counsel for accounts over one hundred eighty (180) days past due.

 

We use a third-party payment processor. Please see our Privacy Policy for further details. 

 

Order quantities for Cannabis Products are subject to limits defined in the Cannabis Act and in your personal Medical Document. No single order may exceed thirty (30) times the daily quantity specified on your medical document or registration certificate as defined in the Cannabis Act (the “Daily Quantity”) or 150g, whichever is less. Cumulative orders within any thirty (30) day period may not exceed thirty (30) times the Daily Quantity. Any order which exceeds these limits will be refused.

 

IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR DAILY QUANTITY AS INDICATED IN YOUR ACCOUNT IS CONSISTENT WITH YOUR UNDERSTANDING OF THE DAILY QUANTITY THAT YOUR HEALTH CARE PRACTITIONER HAS INDICATED IN YOUR MEDICAL DOCUMENT, OR IN THE COMBINED TOTAL DAILY LIMIT THAT YOUR HEALTH CARE PRACTITIONER HAS INDICATED IN ALL OF YOUR MEDICAL DOCUMENTS COMBINED WHERE YOU HAVE BEEN ISSUED MORE THAN ONE MEDICAL DOCUMENT AND ARE A PATIENT OF ONE OR MORE LICENSED PRODUCERS OTHER THAN CANNALOGUE. 

YOU AGREE THAT CANNALOGUE HAS NO LIABILITY FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM OR RELATED TO ANY INCONSISTENCY BETWEEN ONE OR MORE OF THE DAILY QUANTITY INDICATED ON YOUR MEDICAL DOCUMENT OR REGISTRATION CERTIFICATE AS PROVIDED TO CANNALOGUE AND ASSOCIATED WITH YOUR ACCOUNT, YOUR UNDERSTANDING OF THE DAILY QUANTITY THAT YOUR HEALTH CARE PRACTITIONER HAS INDICATED IN YOUR MEDICAL DOCUMENT OR REGISTRATION CERTIFICATE AND YOUR HEALTH CARE PRACTITIONER’S INTENDED DAILY QUANTITY.

10.       Order Fulfillment, Delivery and Returns

 

Order Fulfillment and Delivery: Orders placed on Monday to Friday (except holidays) will normally be processed for shipment within two to three business days at most with the goal of shipping out Products within 24 hours of receiving the order. Once an order is placed, it cannot be cancelled. 

Returns:  All sales are final. If you suspect the Cannabis Products or the Cannalogue Branded Accessories are defective you must contact us within seven (7) days of receiving your order. Cannalogue may, acting in its sole discretion accept return of the Cannabis Products or the Cannalogue Branded Accessories on a case by case basis in exceptional circumstances. Where the Other Accessories have not met your expectations, please contact the manufacturer in accordance with any contact information or other instructions in or on the packaging of the Other Accessory, or on the websites or other contact points for the manufacturer or distributor of the Other Accessory.

If you are unsatisfied for any reason, please contact us at info@cannalogue.ca to address your concerns. 

11.       Restrictions and Prohibited Conduct

 

You may login to your Account for reviewing detailed information about the Cannabis Products not available to the general public through the Site, ordering Products, reviewing your Daily Quantity and remaining medical cannabis you are allowed by Applicable Law to purchase at that time, updating your contact and other personal information on your Account or otherwise accessing your Account. You may view and print Content from the Site for personal, informational, and non-commercial use.

You agree not to make any unlawful use of the Site, Content, Services or Products. In particular, but without limiting the generality of the foregoing, you acknowledge that the Services and Products are provided solely for the personal use of the specific Registered Patient identified on the immediate containers of the Cannabis Products and other documents accompanying delivery of the Cannabis Products. You agree not to offer, provide, or make available, whether in exchange for compensation or not, any Content, Services or Products to anyone, with the sole exception of providing the Content, Products or Services to the Registered Patient associated with your Account as a Responsible Individual.

You acknowledge and agree that you will not attempt to, nor permit any third party to use the Site, Services, Content or Products for (i) any unlawful or unsafe purpose; or (ii) any other purpose that is not authorized by these Terms. Accessing or using the Site, including reviewing the Site, Services, Content and Products, acting on Content, purchasing or ordering Products, or otherwise using the Site or the Services in jurisdictions where the Site, the Content or the Services are illegal, is prohibited. If you choose to access the Site, use the Services or Content from any such jurisdiction, you do so on your own sole initiative, discretion and risk, and you are responsible for compliance with both the Applicable Laws. Without limiting the generality of the foregoing, while accessing or using the Site, Services, Content, Materials and Products you agree that you will not:

  1. violate any Applicable Law, these Terms or any third party’s intellectual, privacy or proprietary rights;
  2. use your Medical Document to seek or obtain Cannabis Products from any other licensed producer; 
  3. purchase any Products for any use other than your own medical use as per your prescription, including but not limited to for recreational use;
  4. purchase any Products on behalf of, or for, any other person and you will not resell or otherwise transfer any Products to any other person;
  5. engage in any unsafe or unlawful practices, including with respect to cultivation of cannabis plants, alteration of Cannabis Products, or other activities relating to the Products;
  6. access or use the Site, Services, Materials or Content if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from accessing or using the Site, Services or Content for any reason;
  7. access or use the Site, Services or Content in any manner which could damage, disable, overburden or impair the Site;
  8. transfer or make available your Account, User ID, other information relating to a Registered Patient or Responsible Individual, or any information relating to an Application including Registration Information, a medical document or a registration certificate, to a third party;
  9. access an Account corresponding to a Registered Patient or Responsible Individual other than yourself;
  10. interfere with the security of, or otherwise abuse, the Site, Services, Content, Materials or any system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
  11. distribute viruses or any other technologies that may harm or prejudice the interests, rights, or property of Cannalogue or of any other person accessing or using the Site, Services, Content, Materials or Products;
  12. impersonate or misrepresent your qualifications or your affiliation with any person or entity;
  13. collect, store or attempt to collect or store, any personal information from the Site or from other users without their express permission; 
  14. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent
  15. use any manual process to monitor or copy any web page of the Site or any Content or Materials other than as provided for in these Terms;
  16. obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
  17. copy, modify or distribute rights or Content from the Site, including any Content or Materials subject to copyright and common law or registered trademark rights owned by or licensed to, without limitation, Cannalogue, and whether or not for consideration or for commercial purposes;
  18. harvest or otherwise collect information about any Registered Patient or other user of the Site, including email addresses, without their consent and compliance with all Applicable Law;
  19. engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Site or our computer systems;
  20.  encourage or enable any other individual to do any of the foregoing actions; or
  21. attempt to complete any of the above actions.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under Applicable Law, and constitutes a breach of these Terms. Without limiting foregoing or any other recourse available to Cannalogue, including but not limited to any remedy available under Applicable Law, we may limit, delay, suspend or terminate any access to the Site, Content, Account, status as a Registered Patient or Responsible Person, access to Products or Services, linked sites, deny an Application, or take technical and legal steps to keep users off the Site if we believe, in our sole discretion, that you have created or are creating problems or possible legal liabilities, infringing the intellectual property rights of Cannalogue or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms or our policies, or otherwise to the determinant of Cannalogue, its affiliates or their respective directors, officers, employees, agents, representatives, contractors or any other person. If you have reason to believe that another person is using the Site in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.

You agree that Cannalogue or its representatives may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of: (i) any breach of these Terms; (ii) infringement of third party rights; or (iii) any unauthorized use of the Site, Services, Content, Products or an Account. Cannalogue does not intend to disclose the existence or occurrence of such any investigation unless required by law or if requested by law enforcement officials.

12.       Monitoring

 

All Content, including descriptions of processes to create derivatives, extracts, and other Cannabis Products, or derivative products incorporating the Cannabis Products, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site and the Content are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Cannalogue assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms, Cannalogue does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content or that any portion thereof will be monitored for accuracy or unacceptable use; or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Cannalogue or by any third party, which appears on the Site. Subject to the foregoing, Cannalogue works to keep the Site and Services updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at info@cannalogue.ca.

We generally do not pre-screen any communications, Content, Materials or User Materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Site by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, and/or inappropriate, including content that violates the Terms. We have the right, but not the obligation, to delete any communications, Content, Materials or other User Materials on this Site at any time without notice or liability to you.

13.       Availability

 

WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THE SITE OR AVAILABILITY OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.   WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THE OPERATION OF THE SITE OR THE AVAILABILITY OF THE PRODUCTS OR SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON AND YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OF FEES FOR INTERRUPTION OF THE SITE OR THE AVAILABILITY OF THE PRODUCTS OR SERVICES.

 

14.       Access to and Use of the Internet

 

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Site, and you shall be solely responsible for all charges and fee related thereto.

 

Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Site.

CANNALOGUE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY OF USER MATERIALS OR OTHER CONTENT FROM THE SITE.   

Cannalogue recommends that you install appropriate anti-virus or other protective software.

 

You understand and agree that electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose Cannalogue to any liability for damages you may suffer as a result of communicating with Cannalogue by electronic communications or if Cannalogue communicates such information to you at your request, including in the context of an Application.

 

15.       Ownership of Content and Intellectual Property

 

Materials

Except for public domain material and the information that you submit to the Site (e.g., your personal information), all Content, information, documents, works of authorship and other materials forming part of the Site and/or the Content from time to time, including all text, communications, files, URLs, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, source code and software, and any and all accompanying data (collectively, the “Materials”) are protected by copyright, trademark and other laws, and are owned or controlled by Cannalogue, its affiliates or its licensors. All rights not expressly granted to you in these Terms are reserved. Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sublicense, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Materials, in whole or in part, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Trademarks

The trademarks, service marks or logos displayed on the Site (collectively, the “Marks”) are registered and unregistered trademarks of Cannalogue, its affiliates or of our licensors. Nothing in these Terms should be construed as granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our Site.

Your Feedback

We would love to hear from you and welcome any feedback, comments and suggestions you may have to improve our Site, Services, Contents and the Products we offer (“Feedback”). When you submit Feedback through the Site or by contacting us directly at info@cannalogue.ca, you grant to Cannalogue and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

You further agree that with respect to any Feedback provided by you to us, via email or otherwise, that (i) Cannalogue has no obligation concerning such Feedback; (ii) such Feedback is non-confidential; and (iv) such Feedback is truthful and does not violate the legal rights of others.

User Materials

By posting, downloading, displaying, performing, transmitting or otherwise distributing any information, communications, content or other materials to the Site (“User Materials”), you hereby grant to Cannalogue and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the User Materials for any purpose. By posting User Materials on the Site, you represent and warrant that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit or otherwise communicate the User Materials and that such User Materials do not violate any applicable laws or the rights of any person or entity. 

Data

Cannalogue shall retain all rights in and to all data collected through the Site from users, including Registered Patients, Responsible Individuals, and Suppliers. 

Reservation of Rights

Without limiting the generality of the foregoing, the Site, Materials, Marks, Products, and Services, or any other methods, trade secrets, know-how and processes, and the intellectual property rights therein are expressly reserved to Cannalogue and its affiliates and licensors, as applicable. 

16.       Linked Websites

The Site may provide links to third party websites for your convenience only.   The inclusion of these links does not imply that Cannalogue monitors or endorses these websites. Cannalogue does not accept any responsibility for such websites. Please be aware that these third party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Site. Your use of these third party websites is at your own risk. 

You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages as defined under Applicable Law. Cannalogue reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Site through a link, at Cannalogue’s sole discretion, including for posting any link in association with, displayed with, or in any way connected with the Site, Content, Cannalogue, or the Cannalogue Enterprises (as defined below).

We have third party partners who are permitted to post a link to our Website. Some of our third party partners may receive a referral fee from us if you follow the link posted on the third party website and then make a purchase on our Website. The amount of any referral fee paid will not impact your purchase or the price of our products. 

CANNALOGUE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY (A) LINKED RESOURCES; OR (B) THIRD-PARTY WEBSITES, INCLUDING THIRD PARTY PARTNER WEBSITES. OR

17.       Limitation of Liability and Disclaimer

THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO CANNALOGUE, ITS PARENTS, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AGENTS AND CONTRACTORS AS WELL AS ANY AFFILIATE OR RELATED ENTITY OF ANY OF THE FOREGOING (COLLECTIVELY, THE “CANNALOGUE ENTERPRISES”).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, CONTENT, MATERIALS, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND BY THE CANNALOGUE ENTERPRISES, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE CANNALOGUE ENTERPRISES EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. THE CANNALOGUE ENTERPRISES MAKE NO WARRANTY THAT THE SITE, CONTENT, MATERIALS, SERVICES, OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE CANNALOGUE ENTERPRISES MAKE NO WARRANTY REGARDING THE QUALITY OF THE SITE, CONTENT, MATERIALS, SERVICES, OR PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, MATERIALS OR USER MATERIALS ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY THE CANNALOGUE ENTERPRISES OR ANY PERSON ON THE SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY CANNABIS PRODUCT IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA).

DISCLAIMER OF THIRD PARTY STATEMENTS:  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES. YOU UNDERSTAND THAT THE CANNALOGUE ENTERPRISES DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SITE, CONTENT, MATERIALS, SERVICES, PRODUCTS OR THE CANNALOGUE ENTERPRISES.

LIMITATION OF LIABILITY:   YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CANNALOGUE ENTERPRISES ARE NOT AND WILL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

(A) YOUR USE OR APPLICATION OF THE SITE, CONTENT, MATERIALS, SERVICES OR PRODUCTS;

(B) YOUR INABILITY TO USE OR ACCESS, OR TO APPLY TO USE OR ACCESS, THE SITE, CONTENT, MATERIALS, SERVICES OR PRODUCTS;

(C) YOUR USE OF OR RELIANCE ON THE SITE, CONTENT, MATERIALS OR OTHER INFORMATION, DOCUMENTS OR USER MATERIALS DISPLAYED, HOSTED, CONTAINED, OR OTHERWISE MADE AVAILABLE OR ACCESSIBLE ON OR THROUGH THE SITE, WHETHER IN CONNECTION WITH THE SERVICES, PRODUCTS, CONTENT OR OTHER ASPECTS OF THE SITE;

(D) WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION;

(E) ANY MISUSE OF THE SITE, CONTENT, MATERIALS, USER MATERIALS, SERVICES OR PRODUCTS BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS;

(F) ANY MISUSE OF AN ACCOUNT, USER ID, OR OTHER ASPECTS OF YOUR STATUS AS A REGISTERED PATIENT OR RESPONSIBLE INDIVIDUAL, AS APPLICABLE, INCLUDING BY THE IMPROPER USE OR COMMUNICATION OF A USER ID OR OTHER ACCOUNT-RELATED INFORMATION, INCLUDING REGISTRATION INFORMATION;

(G)  YOUR USE OR CONSUMPTION OF THE PRODUCTS; 

(H)  YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, IN CONNECTION WITH THE PRODUCTS; OR 

(I) ANY OTHER MATTER RELATED TO THE SITE.

IF YOU CHOOSE TO USE OR ACCESS THE SITE, CONTENT, SERVICES, OR TO USE OR PURCHASE THE PRODUCTS, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM THE CANNALOGUE ENTERPRISES. YOU EXPRESSLY REPRESENT, WARRANT AND COVENANT THAT YOU ARE ACCESSING, APPLYING AND USING THE SITE, CONTENT, SERVICES, AND PRODUCTS ONLY UNDER THE ADVICE OF A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER IN ACCORDANCE WITH APPLICABLE LAW, THESE TERMS AND OTHERWISE AT YOUR OWN RISK (OR THE RISK OF ANY REGISTERED PATIENT FOR WHOM YOU ARE A RESPONSIBLE INDIVIDUAL) AND UNDER YOUR OWN DISCRETION.

THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE, (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY THE CANNALOGUE ENTERPRISES OR IN THE CONTENT WHETHER OR NOT THE CANNALOGUE ENTERPRISES KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) THE CANNALOGUE ENTERPRISES HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.

DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES:  FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE SITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED IN CANNALOGUE’S SOLE DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.

LIMITATION ON QUANTUM:  NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OF OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU OR A REGISTERED PATIENT FOR WHOM YOU ARE RESPONSIBLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.

RESERVATION:  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS.

THE CANNALOGUE ENTERPRISES DO NOT ASSUME ANY RISKS BEYOND THOSE EXPRESSLY STATED IN THESE TERMS.

INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CANNALOGUE ENTERPRISES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO THE CANNALOGUE ENTERPRISES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE CANNALOGUE ENTERPRISES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SITE, CONTENT, MATERIALS, USER MATERIALS, SERVICES OR PRODUCTS; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER MATERIALS CAUSED DAMAGE TO A CANNALOGUE ENTERPRISE OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SITE; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SITE, CONTENT, MATERIALS, USER MATERIAL, SERVICES OR PRODUCTS USING YOUR ACCOUNT, EMAIL ADDRESS, USER ID, REGISTRATION INFORMATION OR CONTACT INFORMATION. NOTWITHSTANDING THIS INDEMNITY, THE CANNALOGUE ENTERPRISES RETAIN THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF CANNALOGUE’S SELECTION, AS SELECTED IN CANNALOGUE’S SOLE DISCRETION.

IF ANY OF THE CANNALOGUE ENTERPRISE TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, SUCH CANNALOGUE ENTERPRISE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE CANNALOGUE ENTERPRISE.

19.       Governing Law and Legal Disputes

To the maximum extent permitted by Applicable Law, unless Cannalogue agrees otherwise, any claim, dispute or controversy, whether based on a legal theory including, contract, tort, statute or regulation, and whether including a claim for pre-existing, present or future remedies, arising out of or relating the Site, Content, Materials, Services, Products, these Terms or the Privacy Policy, in the context of a Registered Patient, Responsible Individual, user or otherwise, will be determined by final and binding arbitration to the exclusion of the courts. Arbitration will be conducted in the city of Toronto on a simplified and expedited basis by one arbitrator pursuant to the Arbitration Act (Ontario). The foregoing does not, however, preclude Cannalogue from seeking injunctive relief when necessary, as determined by Cannalogue in its sole discretion, to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial. 

For Registered Patients, Responsible Individuals and others resident in Québec:  You agree that to the extent any claim or dispute you may have against the Cannalogue Enterprises is resolved in court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For Registered Patients, Responsible Individuals and others outside of Québec:  These Terms shall be governed in all respects by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Cannalogue is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Toronto, Ontario. You agree to submit to the personal jurisdiction of the courts located within Ontario for the purpose of litigating all such claims or disputes.

If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Cannalogue in connection with your use of our Site. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device or computer.

20.       Term, Termination and Suspension 

These Terms will become effective upon your acceptance of these Terms in accordance with these Terms, which may be amended and updated from time to time. These Terms will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge and agree that access to the Site, Services, Content, Materials and Products may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice to you, and that Cannalogue shall not, in any event, be responsible to you in any way should you be unable to access the Site, Services, Content or Products at any time or from time to time.

Cannalogue may, at its sole discretion, at any time and from time to time, without notice, suspend or terminate your Account, your right to use the Site or your right to purchase Products.  Upon termination of your Account, you shall no longer have the right to use or access the Site, Services or Content or to purchase Products from, on or through the Site. A suspension will be for such period of time as Cannalogue may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.

YOU AGREE THAT CANNALOGUE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED STATUS AS A REGISTERED PATIENT OR RESPONSIBLE INDIVIDUAL.

21.       General Provisions

Additional Terms: Subject to any additional terms and conditions presented to you at the time of such purchase of a Product or apply to create an Account or use or access the Services, these Terms set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. You acknowledge and agree that when you order a Product or use a Service you are also subject to and agree to abide by any policies, terms or rules applicable to such activities as are made available through the Site or that we may provide to you on or through the Site at the time of your purchase of one or more Products or use of a Service. 

No Spam: Cannalogue takes compliance with Applicable Law pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Cannalogue on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms or any Applicable Law.

Notices: Except as expressly stated otherwise, providing an email address or other information to Cannalogue, including as Registration Information or otherwise associated with an Application, constitutes your consent to receive any legal notices required by Applicable Law at the email address or other contact information you provide to Cannalogue. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received twenty four (24) hours after the email or other electronic communication is sent by Cannalogue, unless Cannalogue is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Cannalogue. In such case, notice shall be deemed given three days after the notice is sent in the mail by Cannalogue.

Interpretation:  In these Terms, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority, including the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada), and the Narcotic Control Regulations (Canada), the Food and Drugs Act (Canada) and any other applicable federal, provincial or local laws or regulations and guidelines governing the possession, use or sale of cannabis and cannabis-related products, accessories, paraphernalia or merchandise. The Applicable Law may, as appropriate in the context, define the rights and liabilities, subject to the disclaimers, limitations of liability, and other provisions of these Terms, of you, Cannalogue and/or other persons.

No Transfer: These Terms are not assignable, transferable or sub-licensable by you except with Cannalogue’s prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you.

No Agency:  No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver: 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. We do not guarantee we will take action against all breaches of these Terms.

Communications: You can communicate with Cannalogue by email as indicated in these Terms via info@cannalogue.ca. You can communicate with Cannalogue by mail at P.O. Box 94 Don Mills, Ontario, M3C 2RC. 

Language:  You and Cannalogue have each expressly requested and required that these Terms and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglaisSubject to Applicable Law, any translation of these Terms provided by Cannalogue is for convenience only, and if there is a conflict or inconsistency between the English version and a translated version, then the English version of these Terms will take priority and govern.

Updates to these Terms: Cannalogue may in its sole discretion revise, modify, change or otherwise update these Terms at any time. Your continued use of the Site, including your Account, after any modification of these Terms constitutes your acceptance of and agreement with the Terms as amended or updated. A notification of any update to the Terms will be posted on the Site home page. Where required by Applicable Law in these Terms, you will be notified by email or other method through your Account at contact information you have supplied in applying to become a Registered Patient or Responsible Individual, or at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms are updated pursuant to a change in Applicable Law.