Terms and Conditions
Not Medical Advice: The Site, including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”), is provided for general informational purposes only, does not constitute a representation as to the efficacy of any of the Products 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 THIS SITE.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Modifications to the Terms and Conditions: Emblemcannabis.com may revise and update these Terms and Conditions at any time. Your continued usage of the Site after any changes to these Terms and Conditions will mean you accept those changes. A notification of any changes to the Terms and Conditions will be posted prominently on the Site home page, will be accessible from your account, and where required by law, you will be notified by email prior to the amendment taking effect, if and when these Terms and Conditions are updated.
Eligibility, Residence/Age: The Site, Services and Products are only intended for use by residents of Canada. By registering an Account and using the Services, you represent and warrant that you are ordinarily resident in Canada. The Site, Services, and the Products are not intended for use by minors. For the purposes of these Terms, 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 by the user. If you are a minor, you are not permitted to register to create an Account or to otherwise access or use the Site.
Regulations: Some aspects of the Services or Products are or may be regulated under the Controlled Drugs and Substances Act (Canada), the Access to Cannabis for Medical Purposes Regulations (Canada; the “ACMPR”), the Narcotic Control Regulations (Canada; the “NCR”), and other applicable laws. By registering an Account and purchasing Products or Services, you represent and warrant that you are not aware of any reason why your use of the Services would violate any applicable laws.
Without limiting the generality of the foregoing, some aspects of the Services may be restricted to qualified Health Care Practitioners, as defined in the ACMPR. If, and to the extent that, you request or register for any such Services as a Health Care Practitioner, you represent and warrant that you satisfy all applicable legal requirements. In particular, you represent and warrant that you are not named in a notice issued under section 59 of the NCR that has not been retracted under section 60 of the NCR.
Emblem reserves the right to confirm your compliance with any or all of the foregoing representations and warranties at any time, by further investigation or requesting supporting documentation.
Site Registration and Password: To use the services of the Site, you must register with the Site as a User. When registering, you are required to provide all of the “Registration Information” requested on the Site. Once you have completed the registration process you will become a “Registered User”. During the registration process for your Account, you are required to create a password, and user identification (a “User ID”). Your password and User ID will identify you and associate you with a specific Account. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Emblemcannabis.com password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Emblemcannabis.com and change your password.
Responsibilities: You are responsible for maintaining the confidentiality of your User ID and password, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify Emblem of any unauthorized use of your Account or any other breach of security; and (b) ensure that you log out from your Account at the end of each session. You agree that you are responsible for all activities performed using your Account and that Emblem has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with your obligations while accessing the Products or Services.
Registration under the ACMPR: In order to offer the Products and Services to you, Emblem must register either you or an individual for whom you are responsible as a client (the “Registered Client”), within the meaning of the ACMPR (the “ACMPR Registration”). You agree to provide all information and original copies of such documentation as we may require for this purpose (collectively, the “Application”). You agree that the ACMPR Registration is at all times subject to the requirements of the ACMPR. You further agree that we may refuse, cancel or terminate the ACMPR Registration at any time if, at our sole discretion, we believe that (a) any false or misleading information or documentation has been submitted in or with an Application or a request to amend a registration or (b) you are otherwise ineligible to be registered for any reason. YOU AGREE THAT EMBLEM HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, OR DAMAGE ARISING FROM ANY REFUSED, CANCELED OR TERMINATED ACMPR REGISTRATION.
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 a Registered Client as identified on the immediate containers of the Products and other document accompanying delivery of the Products. You agree not to offer, provide, or make available, whether in exchange for compensation or not, the Services or any associated Products to anyone other than the Registered Client or Registered Clients associated with your Account.
Sale of Products: Emblem reserves the right, in its sole discretion, to refuse orders for reasons including, without limitation, failure to comply with the terms of the applicable ACMPR Registration. If we believe that you have made a false or fraudulent order, Emblem is entitled to cancel the order and inform the relevant authorities.
Prices: Prices for all Services and Products are subject to change without notice. Applicable sales taxes and shipping fees will be added prior to purchase. All Products are sold only for use by the Registered Client indicated on the immediate container of the Products and on documentation accompanying delivery of the Products. To the extent permitted by the ACMPR and other applicable law, EMBLEM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE SUITABILITY OR EFFECTIVENESS OF THE PRODUCTS FOR ANY PURPOSE.
Insurance: 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 Product 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: All sales are subject to availability. Emblem may, in its sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Order quantities for Products are subject to limits under the ACMPR. No single order may exceed thirty (30) times the daily quantity specified on the applicable ACMPR registration (the “Daily Quantity”), or 150 g, whichever is less. Furthermore, 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.
Order Fulfillment and Delivery: Orders placed on Monday to Friday (except holidays) will normally be processed for shipment within 2-3 business days.
Refunds or Exchanges: Emblem stands behind the quality of the Products. If you are unsatisfied for any reason, please contact us at [email protected] to address your concerns. Emblem may, at its sole discretion, offer credit for future purchases of Products in exchange for returned Products.
Using the Site: You may view and print out webpages from the Site for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without Emblem’s consent. Except as expressly permitted by Emblem, you may not use the Site or any Content for commercial purposes.
Prohibited Use of the Site: You may not use the Site or any Content for any unlawful purpose. Emblem makes no representation that the Site or the Services are appropriate or available for use in all locations, and accessing the Site from or using the Services in jurisdictions where the Site 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 and you are responsible for compliance with applicable local laws.
While using the Site, services and tools, you will not:
Violate any laws, third party rights or our policies;
Use our Site, services or tools 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 using our Site, services or tools;
Use this Site in any manner which could damage, disable, overburden or impair this Site;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Transfer your Emblemcannabis.com account and User ID to another party without our consent;
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
Interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
Distribute viruses or any other technologies that may harm Emblemcannabis.com, or the interests or property of Registered Users;
Use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site;
Attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access;
Copy, modify or distribute rights or content from the Site, service or tools or Emblemcannabis.com’s copyrights and trademarks; or
Harvest or otherwise collect information about Registered Users, including email addresses, without their consent.
Content Posted by You: You agree you are and shall remain solely responsible for the contents of any submissions you make (the “User Content”), and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
Abuse and Infringement: Emblemcannabis.com works to keep our Site and services working properly. Please report problems, offensive content and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate any user account, limit access to Products or Services, prohibit access to our Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are 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 our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Registered Users who may be repeat infringers of intellectual property rights of third parties or for other reasons. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Site, services or tools, at our discretion.
No spam, Spyware or Spoofing: Emblemcannabis.com does not tolerate spam. Make sure to set your Emblemcannabis.com communication preferences so we communicate to you as you prefer. You may not use our communication tools to send spam or otherwise send content that would violate these terms and conditions.
Payment of Fees: Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our Site and services in a timely manner with a valid payment method. If your payment method fails or your account is 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.
Accuracy of Site Content: All Content, including but not limited to descriptions of processes to create derivatives, extractions, and other Products, or derivative products incorporating the Products, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site is 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. Emblem does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, which appears on the Site. Under no circumstances will Emblem be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. By using the Site, you acknowledge and agree that Emblem and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.
Content and Intellectual Property Rights: © 2016 Emblem or its suppliers. All rights reserved. The copyright for the content on this Site is owned or licensed by Emblemcannabis.com and is protected under the Copyright Act (Canada), through common law rights, and by other copyright laws in other countries. No material on this Site 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. Nothing on the Site, or your use of the Services, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary rights of Emblem or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.
Trademarks: The product names, company names and logos of Emblem or any affiliate used on this Site may be trademarks, including registered trademarks of Emblem. Such product names, company names and logos of Emblem may not be copied, imitated or used, in whole or in part, without the prior written consent of Emblem and any owners or other relevant parties relating to the trademarks. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights: The Products, the Services, or other of Emblem’s methods and processes may be covered by one or more patents, other statutory intellectual property rights or non-statutory intellectual property rights held by Emblem or a third party, and may be subject to trade secret and other proprietary rights. Emblem and any applicable third parties reserve all such rights.
Confidentiality: The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and Emblem will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if Emblem communicates such information to you at your request.
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 a function of the Site, not as an endorsement by Emblem. 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. Emblem may receive payments or commissions from operators of linked websites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Site.
Inbound Links: Emblem generally encourages and agrees to your linking to the web pages on this Site through a plain text link or logo link on your website without the need for agreement between yourself and Emblem, provided you otherwise comply with these Terms and Conditions.
No agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimers, Indemnification and Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMBLEM IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION USER OF THE PRODUCTS OR SERVICES, OR WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.
IF YOU CHOOSE TO USE THE SITE OR ANY FUNCTIONALITY OF THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND ANY FUNCTIONALITY OF THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMBLEM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EMBLEM MAKES NO WARRANTY THAT THE SITE OR ANY FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EMBLEM MAKES NO WARRANTY REGARDING THE QUALITY OF THE PRODUCT, THE SERVICES OR TOOLS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMBLEM OR THROUGH THE SITE, SERVICES OR TOOLS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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, OR SERVICES. YOU UNDERSTAND THAT EMBLEM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR SERVICES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMBLEM AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE SITE; (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMBLEM IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF EMBLEM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
FROM TIME TO TIME, EMBLEM MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS 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 SOLE DISCRETION. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You agree to release, defend, indemnify, and hold Emblem, including all affiliates and subsidiaries, and all officers, directors, employees and agents of Emblem directly or any affiliate or subsidiary, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, or Products or your violation of these Terms and Conditions.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in the 12 months prior to the action giving rise to the liability to a maximum of $200.
Notices: Except as explicitly stated otherwise, legal notices shall be served to you to the email address you provide to Emblem during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes: If a dispute arises between you and Emblem, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Emblem agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes: For consumers in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. For all others: These Terms and Conditions shall be governed in all respects by the laws of the province of Ontario and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Emblem must be resolved exclusively by a provincial or federal court located in Ontario, except as otherwise agreed by the parties. 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: The following policies, including all policies referenced in them, are part of these Terms and Conditions and provide additional terms and conditions related to specific services offered on our site:
When using a Service or otherwise accessing on our Site, you are subject to any posted policies or rules applicable to the Service you use through the Site and the Site more broadly, which may be posted from time to time. All such policies or rules are hereby incorporated into these Terms and Conditions.
General: Emblem is located at PO Box 20087 Northville, Paris, ON N3L 4A5 Canada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. 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.
If you have any questions, comments or concerns about these Conditions, please contact the administration officer by email at [email protected] or by post at the address above with attention to the administration officer.