Registered Client Terms and Conditions
Last Updated: March 21, 2017
This website (the “Site”) and the services, information and tools it offers (the “Services”) are owned and operated by Emblem Cannabis Corporation (“Emblem”, “we”, “our” and “us”, including, where applicable, any affiliate of Emblem).
The Site, including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”) and the Services relate to medical cannabis. The Services include providing the Content for review and providing access to regulated medical cannabis products (the “Cannabis Products”), accessories from third parties with Emblem branding (the “Emblem Branded Accessories”), and accessories from third parties without Emblem branding (the “Other Accessories”) (any one or more of the Cannabis Products, the Emblem Branded Accessories, and the Other Accessories collectively or in any combination being the “Products”) offered for sale through the Site to any individual who is registered as a client of Emblem (a “Registered Client”) in accordance with Applicable Law as defined below in these Terms and Conditions, including the Access to Cannabis for Medical Purposes Regulations (Canada) (the “ACMPR”).
Each Registered Client has an account with Emblem (an “Account”). A Registered Client must login to, or an individual responsible for a Registered Client in accordance with the ACMPR (a “Responsible Individual”) must login to, an Account corresponding to the Registered Client to purchase the Products. Logging into an Account requires a unique user name and password (collectively, a “User ID”).
These Terms and Conditions are a binding agreement that applies to the process of becoming, and the rights and obligations of, a Registered Client, including purchasing the Products. A separate set of terms and conditions applies to use of the Site more generally and can be found here.
Not Medical Advice: The Site, including the Content, is provided for general informational purposes only, and does not constitute any representation as to the safety, efficacy, suitability, effectiveness or other features of medical cannabis or any other product in the management of any medical condition or for any purpose, and is 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 CANNABIS PRODUCT PURCHASED FROM EMBLEM, PLEASE CONTACT EMBLEM WITH DETAILS AT email@example.com OR 1-844-546-3633 AFTER THE MEDICAL EMERGENCY HAS BEEN ADDRESSED OR OTHERWISE RESOLVED.
Application to Become a Registered Client is Agreement to these Terms and Conditions: These Terms and Conditions are a binding agreement between you and Emblem. These Terms and Conditions apply to the process of becoming, and the rights and obligations of, a Registered Client or a Responsible Individual, including purchasing the Products. These Terms and Conditions include disclaimers, exempt Emblem and other persons from liability, indemnify Emblem and other persons, and include other important provisions. You must read these Terms and Conditions and any information linked to or otherwise referenced in these Terms and Conditions, and accept these Terms and Conditions, before using the Site.
ANY APPLICATION TO BECOME A REGISTERED CLIENT, ANY LOGIN TO YOUR ACCOUNT, ANY PURCHASE OF A PRODUCT, OR, AFTER ANY APPLICATION TO BECOME A REGISTERED CLIENT OR RESPONSIBLE INDIVIDUAL, ANY ACCESS TO OR OTHER USE OF THE SITE, INCLUDING REVIEWING ANY CONTENT, OR ANY OTHER USE OF THE SITE OR SERVICES AFTER ANY APPLICATION TO BECOME A REGISTERED CLIENT, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT APPLY TO BECOME A REGISTERED CLIENT, LOGIN TO YOUR ACCOUNT, PURCHASE ANY PRODUCT, OR, AFTER ANY APPLICATION TO BECOME A REGISTERED CLIENT, ACCESS OR USE THE SITE IN ANY WAY, INCLUDING REVIEWING ANY CONTENT.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS PLEASE CONTACT firstname.lastname@example.org.
Updates to the Terms and Conditions: Emblem may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Site, including your Account, after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Site home page. Where required by Applicable Law as defined below in these Terms and Conditions, you will be notified by email or other method through your Account at contact information you have supplied in applying to become a Registered Client or Responsible Individual, or at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Regulations and Other Applicable Law: The Site, the Content, and the Services relate to, and the Cannabis Products are, medical cannabis. Medical cannabis is regulated in Canada by legislation including the Controlled Drugs and Substances Act (Canada) (the “CDSA”), the ACMPR, and the Narcotic Control Regulations (Canada) (the “NCR”). Other federal, provincial or local law may apply to some aspects of the Products or Services. As used herein the term “Applicable Law” includes the CDSA, the ACMPR, the NCR or any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, the Food and Drugs Act (Canada), other statutory law and regulations, the Civil Code of Québec, common law, and any other applicable laws. 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 and Conditions, of you, Emblem or other persons.
In order for you to purchase any Products, you must be a Registered Client or a Responsible Individual, with an Account. To have access to an Account, Emblem must register either yourself or an individual in respect of whom you are a Responsible Individual as a “client” as defined in the ACMPR. These Terms and Conditions apply to any use of the Site by a Registered Client or by a Responsible Individual, including in either case by logging into an Account specific to the Registered Client, or by an individual who has completed an application for you or an individual in respect of whom you are a Responsible Individual to become a Registered Client (an “Application”), and including providing some or all of the information required by Emblem to consider the Application (the “Registration Information”).
Eligibility based on Residence and Age: As required by Applicable Law the Products are only for use within Canada by individuals resident in Canada who are Registered Clients, and who qualify as a “client” as defined in the ACMPR and in accordance with Applicable Law. The Site and the Services are intended for access, review, or other use by residents of Canada, and are not intended for access, review or other use by a minor without supervision and guidance by a parent or legal guardian. For the purposes of these Terms and Conditions, a “minor” is someone who has not reached both: (a) the age eighteen, and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed. If you are a minor, you are not permitted to access, review or otherwise use the Site or the Services without supervision by and guidance of a parent or legal guardian. Being a minor does not preclude status as a “client” as defined in the ACMPR or as a Registered Client, but in the case of a minor who meets the criteria required by Applicable Law to become a Registered Client, Emblem requires that (a) a Responsible Individual for the Registered Client be a party to these Terms and Conditions, (b) the Responsible Individual be a parent or legal guardian of the Registered Client, (c) the Responsible Individual complete all transactions for Products, (d) the Responsible Individual supervise and guide the Registered Client 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 Clients after logging in to their Account, and (e) the Responsible Individual is responsible for the User ID.
EMBLEM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE CONTENT OR THE SERVICES 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 CONTENT (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 LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.
Registered Client Status and Application Process: In order for you to purchase Products for delivery, you must complete an Application. Completing the Application requires the Registration Information. When completing the Application, you agree to provide all of the Registration Information correctly and completely. All Registration Information that you provide to Emblem must be true, accurate, current and complete, and you agree to update that information from time to time so that it remains true, accurate, current and complete. In addition to the Registration Information, Emblem requires an original medical document or a copy of a registration certificate as defined in the ACMPR. The original medical document must be executed by a health care practitioner as required by Applicable Law. After Emblem 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 Emblem, Emblem 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 Client and Emblem will provide you with access to an Account. The Account will be specific either to (a) you as a Registered Client, or (b) you as a Responsible Individual and an individual in respect of whom you are a Responsible Individual as a Registered Client. Subject to being (a) both a Responsible Individual and a Registered Client, or (b) a Responsible Individual for more than one individual who is either a Registered Client or has completed an Application, you may not complete an Application or create an Account for more than one individual. Emblem 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.
Account: If and when Emblem has allowed your Application and you become a Registered Client or are accepted as 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 agree to: (a) immediately notify Emblem by email at email@example.com 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 user name in the email, and (b) ensure that you log out from your Account at the end of each session. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT EMBLEM HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS WHILE ACCESSING THE PRODUCTS OR SERVICES, OR OTHERWISE ACCESSING YOUR ACCOUNT.
User ID: Your unique user name and password are, collectively, your User ID. Your User ID is the key to your Account. You are responsible for maintaining the confidentiality of your Account, including your User ID. Use a user name that is different from any known user names you have on social media or other public websites. Use unique numbers, letters and special characters in your password. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf and associated liability. Therefore, if your User ID has been compromised for any reason, you should immediately notify us at firstname.lastname@example.org and change your password.
Prohibited Use of the Services and Products: You agree not to make any unlawful use of the 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 Client 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 Services or Products to anyone, with the sole exception of providing the Products or Services to the Registered Client associated with your Account as a Responsible Individual.
Registered Client Status Subject to Compliance with Applicable Law: You agree that any status as a Registered Client 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 Client at any time and without notice if, at our 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 Client, (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 ACMPR, (c) you have failed to comply with these Terms and Conditions, or (d) you are otherwise ineligible to be a Registered Client for any reason. YOU AGREE THAT EMBLEM 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 CLIENT.
Sale of Products: Emblem reserves the right, in its discretion, to cancel or refuse orders for 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. All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Emblem may, in its 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.
Prices: Unless otherwise stated, all prices 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 (as defined in these Terms and Conditions below regarding Insurance Coverage) 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, and retaining collection agencies and legal counsel for accounts over 180 days past due.
Insurance Coverage: At your request, Emblem 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, Emblem may, at its 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 Emblem 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, Emblem 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.
Order Limits: Order quantities for Cannabis Products are subject to limits defined in the ACMPR. No single order may exceed thirty (30) times the daily quantity specified on your medical document or registration certificate as defined in the ACMPR (the “Daily Quantity”) or 150 g, 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 CLIENT OF ONE OR MORE LICENSED PRODUCERS OTHER THAN EMBLEM. YOU AGREE THAT EMBLEM 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 EMBLEM 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.
Order Fulfillment and Delivery: Orders placed on Monday to Friday (except holidays) will normally be processed for shipment within two to three business days.
Returns: All sales are final. Where the Cannabis Products or the Emblem Branded Accessories have not met your expectations, Emblem will accept return of the Cannabis Products or the Emblem Branded Accessories. Emblem may, at its discretion, offer credit for future purchases of Cannabis Products to offset any costs you incur returning the Cannabis Products or the Emblem Branded Accessories. 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.
Discretional Exchanges: Emblem stands behind the quality of the Cannabis Products and Emblem Branded Accessories. If you are unsatisfied for any reason, please contact us at email@example.com to address your concerns. Emblem may, at its discretion, offer credit for future purchases of Cannabis Products in exchange for returned Cannabis Products or returned Emblem Branded Accessories.
Using the Site: 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 may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any Content without Emblem’s express written consent. Without limiting the generality of the foregoing, you may not use the Site or any Content for commercial purposes without Emblem’s express written consent.
Prohibited Use of the Site: You may not use the Site or any Content for any unlawful purpose or any unsafe purpose. Accessing or using the Site, including reviewing Content, acting on Content, ordering Products for delivery within Canada, 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 or use the Services from such a jurisdiction, you do so on your own initiative, discretion and risk, and you are responsible for compliance with both the Applicable Law and with any laws applicable in the jurisdiction from which you are accessing the Site. Without limiting the generality of the foregoing, while accessing or using the Site, including reviewing Content or using the Services, you agree that you will not:
- violate any laws, including the Applicable Law, any third party rights or our policies;
- 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, and without limiting the generality of the foregoing, Emblem makes no recommendation that you apply any Content related to cultivation of cannabis plants, alteration of Cannabis Products, or other activities relating to the Products based on any Content, and if you choose to do so, it is your responsibility to first inform yourself, educate yourself, consult with your physician, and ensure compliance with any Applicable Law including any agreement with a landlord, residential association, condominium association or municipality, and follow channels compliant with Applicable Law for assistance as required;
- access or use the Site or Services 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 or Services;
- access or use the Site in any manner which could damage, disable, overburden or impair the Site;
- transfer or make available your Account, User ID, other information relating to a Registered Client or Responsible Individual, or any information relating to an Application including Registration Information, a medical document or a registration certificate, to another party;
- access an Account corresponding to a Registered Client or Responsible Individual other than yourself;
- interfere with the security of, or otherwise abuse, the Site, the Services, or any system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
- distribute viruses or any other technologies that may harm or prejudice the interests, rights, or property of Emblem or of any other person accessing or using the Site;
- use any robot, spider or other automatic device, to index, crawl, catalogue, mirror, frame, scrape, cache or otherwise monitor or copy any web page of the Site or any Content to collect or mine data from the Site;
- use any manual process to monitor or copy any web page of the Site or any Content other than as provided for in these Terms and Conditions;
- obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- copy, modify or distribute rights or Content from the Site, including Content subject to copyright and common law or registered trademark rights owned by or licensed to, without limitation, Emblem, and whether or not for consideration or for commercial purposes;
- harvest or otherwise collect information about any Registered Client or other user of the Site, including email addresses, without their consent and compliance with all Applicable Law; or
- attempt to complete any of the above actions.
Without limiting other recourse, 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 Client, 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 discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Emblem or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Emblem, Emblem Group (as defined below in these Terms and Conditions), or any other person. Without limiting the generality of the foregoing, we may, in appropriate circumstances and at our discretion, suspend or terminate access or status of Registered Clients, including a reservation of the right to cancel any Application for which Registration Information or another aspect of an Application is incomplete or that we consider at Emblem’s discretion to be an inactive Registered Client, or modify or discontinue the Site, Services or Products, at our discretion.
No Spam, Spyware or Spoofing: Emblem 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 Emblem 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 and Conditions or any Applicable Law.
Accuracy of Site Content: 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. Emblem 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 and Conditions, Emblem does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Emblem or by any third party, which appears on the Site. Subject to the foregoing, Emblem 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 firstname.lastname@example.org.
Content and Intellectual Property Rights: The Site and all Content, including these Terms and Conditions are © 2017 Emblem, its suppliers or affiliates. All rights reserved. The copyright for the Site and all Content is owned by or licensed to Emblem and is protected under Applicable Law including the Copyright Act (Canada), common law rights, and by other copyright laws in other jurisdictions. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Emblem, other than as expressly provided for in these Terms and Conditions. Nothing on the Site, your use of the Services or purchase of Products as a Registered Client or Responsible Individual, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Emblem or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos of Emblem, any affiliate or any third party used on the Site may be trademarks, including registered trademarks of Emblem. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Emblem or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Reservation of Rights: Without limiting the generality of the foregoing, the Products, the Services, or other of Emblem’s methods and processes may be subject to rights, including Intellectual Property Rights, of Emblem or a third party. Emblem and any applicable third parties reserve all such rights.
Confidentiality: 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 Emblem to any liability for damages you may suffer as a result of communicating with Emblem by electronic communications or if Emblem communicates such information to you at your request, including in the context of an Application.
Outbound Links: The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you and as a Service, and not as an endorsement by Emblem of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Emblem makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: 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. Subject to these Terms and Conditions, Emblem generally agrees with linking to the Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and Emblem. Notwithstanding the foregoing, Emblem 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 Emblem’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Site, Emblem, or Emblem Group (as defined below in these Terms and Conditions).
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
EMBLEM GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO EMBLEM, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO EMBLEM CANNABIS CORPORATION, INCLUDING EMBLEM CORP., AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF EMBLEM CANNABIS CORPORATION, OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “EMBLEM GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE, THE CONTENT, THE SERVICES, AND THE PRODUCTS ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY EMBLEM GROUP, EITHER EXPRESS OR IMPLIED, OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. WITHOUT LIMITING THE FOREGOING, EMBLEM GROUP EXPRESSLY DISCLAIMS 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 OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. EMBLEM GROUP MAKES NO WARRANTY THAT THE SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. EMBLEM GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY EMBLEM GROUP 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 EMBLEM GROUP COMMUNICATIONS: THE FOLLOWING CLAUSE IS NOT APPLICABLE TO CONSUMERS IN QUÉBEC: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE FROM EMBLEM GROUP, RELATING TO THE SERVICES OR THE PRODUCTS, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
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 EMBLEM GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SITE, THE CONTENT, THE SERVICES, THE PRODUCTS OR EMBLEM GROUP.
LIMITATION OF LIABILITY: THE LIMITATIONS OF LIABILITY SET OUT IN ITEMS (G) AND (H) BELOW DO NOT APPLY TO CONSUMERS IN QUÉBEC: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBLEM GROUP IS NOT AND SHALL 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, THE CONTENT OR THE SERVICES;
(B) YOUR INABILITY TO USE OR APPLY THE SITE, THE CONTENT, THE SERVICES OR THE PRODUCTS;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, WHETHER IN CONNECTION WITH THE SERVICES 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 BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS;
(F) ANY MISUSE OF AN ACCOUNT, USER ID, OR OTHER ASPECTS OF REGISTERED CLIENT STATUS, INCLUDING BY COMMUNICATION OF A USER ID OR OTHER INFORMATION, INCLUDING REGISTRATION INFORMATION, SUCH MISUSE INCLUDING USE OF A USER ID BY AN INDIVIDUAL OTHER THAN A REGISTERED CLIENT OR A RESPONSIBLE INDIVIDUAL;
(G) THIS ITEM (G) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: YOUR USE OR APPLICATION OF THE PRODUCTS;
(H) THIS ITEM (H) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: 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 THE SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM EMBLEM GROUP. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE ACCESSING, APPLYING AND USING THE SITE, THE CONTENT, THE SERVICES, AND THE PRODUCTS ONLY UNDER THE ADVICE OF A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER IN ACCORDANCE WITH APPLICABLE LAW AND OTHERWISE AT YOUR OWN RISK (OR THE RISK OF ANY REGISTERED CLIENT 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 EMBLEM GROUP OR IN THE CONTENT WHETHER OR NOT EMBLEM GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) EMBLEM GROUP 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.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD EMBLEM GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS. NOTWITHSTANDING THIS INDEMNITY, EMBLEM GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF EMBLEM’S SELECTION AT EMBLEM GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
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 AT EMBLEM’S 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: THE FOLLOWING CLAUSE IS NOT APPLICABLE TO CONSUMERS IN QUÉBEC: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU OR A REGISTERED CLIENT 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 AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to Emblem, including as Registration Information or otherwise associated with an Application, constitutes your consent to receive any legal notices required by Applicable Law at the an email address or other contact information you provide to Emblem. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Emblem, unless Emblem 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 Emblem. In such case, notice shall be deemed given three days after the notice is sent in the mail by Emblem.
Law and Forum for Legal Disputes: For Registered Clients, Responsible Individuals and others in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent any claim or dispute you may have against Emblem 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 Clients, Responsible Individuals and others outside of Québec: These Terms and Conditions 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 Emblem is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in 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.
Additional Terms and Conditions: When ordering a Product, using a Service, reviewing Content or otherwise accessing the Site, you are subject to any posted policies or rules applicable both to any Service you use through the Site, and to the Site more broadly, which are available on the applicable portion of the Site or may be presented when you use or apply for the Service. The “Emblem Website Terms and Conditions”, located at http://emblemcannabis.com/terms-and-conditions, also apply to your use of the Site, including reviewing Content, logging into your Account, completing an Application, purchasing Products, or otherwise accessing the Site. Subject to any such additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Emblem with respect to the Site, the Content, the Services and any information obtained through the Site by communication with Emblem personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Site or the Services, including by submitting Registration Information, completing an Application, logging into an Account or completing a Purchase, or by reviewing Content or taking other steps independent of an Application or Account after taking any of the foregoing steps. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Emblem has the right, in its discretion, to terminate or suspend your access to the Site, to terminate or suspend any Registered Client status or any Account, to refuse any Application or to limit or deny your access to or participation in any Content, Products or Services offered by Emblem at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Emblem, interfere with any other person’s access to or use of the Site, or if Emblem decides in its discretion for any reason whatsoever that any Account, Application, status as a Registered Client, access to the Site by any person, access to Content by any person, including use of any Service or purchase of any Product, is otherwise detrimental to the Site, Emblem or Emblem Group more broadly, or Emblem’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Emblem with details. Emblem may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Emblem does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Emblem.
Interpretation: In these Terms and Conditions, (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) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with Emblem by email as indicated in these Terms and Conditions. You can communicate with emblem by mail at PO Box 20087 Northville, Paris, ON N3L 4A5 Canada. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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 and Conditions.
Language: You and Emblem have each expressly requested and required that these Terms and Conditions 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 anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by Emblem is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Emblem’s Administration Officer by email at email@example.com or by mail at the address above with attention to the Administration Officer.