AQUALITAS WEBSITE – TERMS AND CONDITIONS [MAY 20, 2021]
TERMS OF SERVICE
The Terms apply to all users and visitors of our Website, including, without limitation, users who are browsers, customers, healthcare providers, merchants, vendors and/or contributors of content (collectively, “Users”, and individually “User”, “you”, and “your”).
USE OF OUR WEBSITE
By using the Website, you represent and warrant that you will only use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority under the laws where you reside and are legally capable of entering into a binding contract.
You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems and warrant that you will not copy or misuse any of our trademarks, logos, videos, photographs, images, texts, data, and other intellectual property.
RETURN AND EXCHANGE POLICY
- FINALITY OF SALES
All medical cannabis sales made on this Website are final. The return or exchange of products purchased on our Website is prohibited. We stand behind the quality of the products that we sell.
If you are unsatisfied for any reason, please contact us at email@example.com to address your concerns.
- SHIPPING POLICY
Aqualitas ships its medical cannabis products by secure courier as required by Health Canada for medical cannabis. All shipments will be packaged to be odourless and will display no indication of the contents of the parcel.
For any specific questions about our shipping, please contact 1-833-300-2782 or email us at firstname.lastname@example.org.
DISCLAIMER: NOT MEDICAL ADVICE
Information provided on the Website, including without limitation information regarding different strains of medical cannabis, their characteristics, appearance or qualities, or any derivatives thereof, and their potential suitability for treating different diagnoses, is provided as general information only in compliance with the Cannabis Act and the Cannabis Regulations (collectively, the “Cannabis Act”) and we disclaim all liability in that regard. Information provided on the Website is not intended to be, or to be relied upon as, health or medical advice, nor is it intended to replace the need to consult a healthcare provider for specific advice on suitability, efficacy and/or effectiveness for your personal circumstances. Rather, we provide this general information to facilitate discussion between Users and their healthcare providers who will ultimately make any recommendations or decisions regarding appropriate treatment.
We reserve the right to refuse service on our Website to anyone, including Users, at any time, for any reason, subject to our regulatory obligations to Health Canada under the Cannabis Act. We reserve the right to make any modifications to the Website, including terminating, changing, suspending, or discontinuing any aspect of the Website and or the products and services provided through the Website at any time, without notice. We may impose additional rules or limits on the use of our Website. You agree to review these Terms regularly for any changes and your continued access or use of our Website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our Website or for any service, content, feature or product offered through our Website. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.
You will be required to register for an account to make medical cannabis purchases through the Website. If you register, you represent and warrant that you will: (a) provide true, accurate, current and complete information as prompted by any registration functions on the Website (such information being the “Registration Information”); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete at all times. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such Registration Information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and any or all privileges on the Website and all services, and to refuse any and all current or future use of the Website or provision of any products to you. You are not permitted to allow anyone else to use your account, nor are you permitted to use anyone else’s account. You must keep your account password secure, and you must not provide it to anyone else. You agree to immediately notify us if you suspect there has been unauthorized use of your account or some breach of the security of your account. You are solely responsible for all activity that occurs using your account. We will not be liable to you or to any third party for any use (whether authorized or unauthorized) of your account. You acknowledge and agree that we may access and/or disclose your account and related Registration Information if required to do so by law or if we have a reasonable belief that such actions are reasonably required to: (i) comply with legal obligations imposed on us or any subpoenas, investigative demands, or court orders directed to us; (ii) enforce or fulfil these Terms; or (iii) protect the rights, property or safety of Aqualitas, other Users and/or the general public.
PRODUCTS OR SERVICES
All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, including Users, household, geographic region or jurisdiction, subject to our regulatory obligations pursuant to the Cannabis Act.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in Canadian dollars and usually include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations pursuant to the Cannabis Act. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.
If you purchase medical cannabis from us, you represent and warrant that you will only use such medical cannabis as prescribed by your healthcare provider pursuant to the Cannabis Act, and you will not re-sell or otherwise transfer such medical cannabis to any other person.
LINKS TO THIRD PARTY WEBSITES
Links to other websites displayed on our Website are provided for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our Website, the content of those websites, the third parties named therein, or their products and services. Linking to any other website is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links provided by us are “live” at the time of posting, but while we monitor links as often as possible, the information on third-party websites is subject to change that is beyond our control. Aqualitas will not be a party to any transaction between you and any third-party including any third-party advertising on our Website, if any, and we will not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, medical information or research, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.
YOUR PERSONAL INFORMATION
ERRORS AND OMISSIONS
Please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify, or clarify information on our Website, except as required by law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility, liability and risk with respect to your use of our Website and any information and materials contained on the Website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.
The use of our Website is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law or equity, arising from your use of, or the inability to use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations will apply even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you however our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Website including in connection with any products offered through our Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
FORWARD LOOKING INFORMATION
This Website and the documents found on this Website may from time to time contain forward-looking statements. Often, but not always, forward-looking statements can be identified by the use of words such as “plans”, “expects” or “does not expect”, “is expected”, “estimates”, “intends”, “anticipates” or “does not anticipate”, or “believes”, or variations of such words and phrases or state that certain actions, events or results “may”, “could”, “would”, “might” or “will” be taken, occur or be achieved. Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Forward-looking statements are based on a number of assumptions which may prove to be incorrect. Although we have attempted to identify important factors that could cause actual actions, events, or results to differ materially from those described in forward-looking statements, there may be other factors that cause actions, events or results not to be as anticipated, estimated or intended. There can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers should not place undue reliance on forward-looking statements.
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles in these Terms are for convenience only.
If any provision of these Terms is determined by any court of competent authority to be invalid, unlawful, or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Updated May, 2021