CannTrust Terms & Conditions
Last updated December 2014
Please contact CannTrust at info@Canntrust.ca with any questions or concerns about these terms.
CannTrust may amend the Terms from time to time and at any time.
The Site and any content and data thereon, including without limitation webpages, text, software, and multimedia (the “Content”), is provided for general informational purposes only. CannTrust makes and the Content does not constitute any representation as to the efficacy of any of the Products. No Content on this site provides or is intended to replace professional medical advice. Always consult a physician or other qualified health care professional with any questions or concerns you may have about any illness, condition, or the suitability or effectiveness of any particular course of treatment. DO NOT disregard any professional medical advice in favour of any Content on this Site.
In the event of a medical emergency, call your doctor or 911 immediately.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANNTRUST 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 WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.
By proceeding to the next stage of the registration process for an Account, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
YOU MAY NOT COMPLETE THE REGISTRATION PROCESS FOR AN ACCOUNT WITHOUT AGREEING TO THESE TERMS.
The Site and Services are intended only for use by adult residents of Canada. If you are not normally resident in Canada or have not yet obtained the age of majority in the Province from which you are accessing this website, you are prohibited from using this website and its services.
Minors are not allowed to register an Account or otherwise access the Site.
By registering an Account and using the Services, you represent and warrant:
1. that you are ordinarily a resident in Canada;
2. that you are not a minor – that is, you have reached both the age of majority applicable in the jurisdiction from which you are accessing the site and in any case no fewer than eighteen years of age;
3. that you are not aware of any reason why your use of the Services would violate any applicable laws.
Furthermore, some aspects of the Services or Products are or may be regulated under the Marihuana for Medical Purposes Regulations (the “MMPR”) and other applicable laws (respectively, the “Regulated Services” and “Regulated Products”).
Without limiting the generality of the foregoing, some aspects of the Services may be restricted to qualified Health Care Practitioners as defined in the MMPR (the “Health Care Provider Services”). If, and to the extent that, you request or register for Health Care Provider Services, you further represent and warrant that you satisfy all applicable legal requirements and have not been named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.
CannTrust reserves the right to confirm compliance with any or all of the foregoing representations and warranties at any time before, during, or after Account registration and use of the Services.
4. Registration and Password
You will require a password and user identification (a “User ID”). Your password and User ID will identify you and connect you to your specific Account.
You will create your password and User ID when registering for your Account. You are responsible for maintaining the confidentiality of your password. You are obligated and hereby agree to:
1. immediately notify CannTrust of any unauthorized use of your Account or other breach of security; and
2. log out from your Account at the end of each session.
You acknowledge and accept that you are fully accountable for all acts done under your password or Account, notwithstanding any arguments or claims you may make that the actions were taken by another individual using your Account. CannTrust has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with this Section 5.
5. Registration under the MMPR
To access the Regulated Services either you or an individual for whom you are at law responsible must register with CannTrust as an eligible client (the “Registered Client”), within the meaning of the MMPR (the “MMPR Registration”). You hereby agree:
1. to provide all information and original copies of such documentation as CannTrust may require for this purpose (collectively, the “Application”);
2. that the MMPR Registration is at all times subject to the requirements of the MMPR;
3. that CannTrust may refuse, cancel or terminate the MMPR Registration at any time if CannTrust believes in its absolute discretion that:
1. any false or misleading information or documentation has been submitted in or with an Application or a request to amend a registration; or
2. you are otherwise ineligible to be registered for any reason;
4. that CannTrust has no liability whatsoever for any loss, liability, or damage arising from any refused, cancelled or terminated MMPR Registration.
The Application may include additional terms and conditions which will apply to the Regulated Services (the “Regulated Service Terms”). You further agree that your access to or use of any Regulated Services is subject to the Regulated Service Terms. In the event of any conflict between the Regulated Service Terms and these Terms, the Regulated Service Terms shall prevail with respect to the Regulated Services.
6. Use of the Site
Your use of the Site and its Content is subject to and in accordance with the provisions of Copyright Act and other applicable law. Without limiting the generality of the foregoing, 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 CannTrust’s consent. CannTrust does not waive any of its rights under the Copyright Act.
Except as expressly permitted by CannTrust, you may not use the Site or any Content for commercial purposes.
7. Prohibited Use of the Site
Illegal, indecent, destructive, harassing, and other similar behaviours are strictly prohibited on this website. You may not use the Site or any Content for any unlawful purpose. CannTrust makes no representation that the Site or the Services are appropriate or available for use in all locations. Accessing the Site from and/or using the Services within territories where the Site or the Services are illegal is prohibited. If you choose to access the Site and/or use the Services from such a location, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.
Without limiting the generality of the foregoing, you agree not to:
1. use this Site in any manner which could damage, disable, overburden, or otherwise impair the Site or the Content;
2. interfere with the security of the Site;
3. abuse or intentionally misuse the Site, the Content, or the Services;
4. otherwise damage or hinder the Site and/or the digital and electronic mainframes, networks, servers and infrastructure connected to or accessible through this Site or affiliated or linked sites;
5. disrupt or interfere with any other person’s use and enjoyment of this Site, the Content, or any affiliated or linked sites;
6. upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs;
7. upload, post, or otherwise communicate content that is defamatory, hate-speech, that infringes upon the intellectual property or other legal rights of any entity, or otherwise contravenes any of the laws of Canada and its provinces;
8. use any robot, spider, or other automatic device, or any manual process, to monitor or copy the web pages or the Content contained on this Site; and
9. attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
8. Prohibited Use of the Services and Products
You agree not to use any Product or Services unlawfully or for an unlawful purpose. You acknowledge that the Regulated Services and Regulated Products are provided solely for the personal use of a Registered Client and agree not to use or attempt to use such Regulated Services or Regulated Products for any other purpose by any other person. You agree not to provide or offer, whether freely or for valuable consideration, any Regulated Services or any associated Products to anyone other than the Registered Client or Clients associated with your Account for whom they are intended.
9. Sale of Products
CannTrust reserves the right to refuse any order for any purpose in its absolute discretion. Without limiting the generality of the foregoing, CannTrust may and will refuse orders failing to comply with these Terms, the terms of any applicable MMPR Registration, or other applicable law.
If CannTrust believes, for whatever reason is sufficient in its absolute discretion, that you have made a false or fraudulent order or otherwise contravened any applicable law, CannTrust has the right to cancel the order and inform the relevant authorities.
Prices for all Products are subject to change without notice. Applicable sales taxes and shipping fees will be added to the price prior to purchase.
All Products are sold only for use by Registered Clients. To the extent permitted by applicable law, CannTrust makes no representations, warranties or conditions regarding the suitability or effectiveness of the Products for any purpose, including without limitation for their intended use. For greater certainty, sections 2, 20 and 21 of this Agreement apply to the sale of all Products.
CannTrust is under no obligation to seek pre-approval from any public or private insurer or similar entity (an “Insurer”) to invoice an Insurer on your behalf for any covered Products or Services, but may elect to do so at its absolute discretion upon your request.
Should an Insurer grant such pre-approval, CannTrust may at its discretion, but is under no obligation, to directly invoice the Insurer on your behalf for all or part of the cost (the “Covered Amount”) of any Product or Service you order (a “Claim”). Any Claim for a Covered Amount made on your behalf will be as authorized and subject to any limitations imposed by the Insurer. You acknowledge and accept that should you request pre-approval from an Insurer pursuant to this section, CannTrust will be entitled to disclose any information to the Insurer that may be reasonably required by the insurer to grant pre-approval or to process any Claim.
If the Covered Amount is less than the aggregate price of the Products or Services you order, you will be required to pay any deficiency at the time of purchase. Notwithstanding any coverage from an Insurer, you understand and accept that you are at all times liable to CannTrust for the full cost of any Products or Services purchased. CannTrust is entitled to collect any unpaid balance not reimbursed by the Insurer. CannTrust may take steps to collect such unpaid amounts, including charging the credit card associated with your account, without further notice to you.
11. Order Limits
All sales are subject to availability. CannTrust may, in its absolute discretion, limit or cancel any quantities offered on the Site as well as the sales of Product or provision of Services to any Client, person, household, geographic region or jurisdiction.
The MMPR provides order quantity limits for Regulated Products. No single order may exceed the lesser of:
1. thirty times (30x) the daily quantity specified on the applicable MMPR registration (the “Daily Quantity”); or
2. 150 g.
Additionally, orders place within any thirty (30) day period may not exceed an aggregate of thirty times (30x) the Daily Quantity. CannTrust will refuse any order exceeding these limits.
12. Order Fulfillment and Delivery
CannTrust will make reasonable efforts to process and ship orders received and accepted before 3:30ET/12:30PT on any Business Day on that same day. Business Days exclude weekends and holidays. Orders received and accepted after 3:30ET/12:30PT or on a day other than a Business Day will be processed and shipped on the following Business Day.
All Products will be shipped by courier to the shipping address associated with the Account. No Products will be shipped outside of Canada.
13. Finality of Sales
All sales are final. Return or exchange of Products are prohibited. CannTrust stands behind the quality of the Products that it sells. If you are unsatisfied for any reason, please contact us at info@CannTrust.com to address your concerns.
14. Violation of Terms
Without limiting the generality of CannTrust’s discretion expressed elsewhere in these Terms, CannTrust has the right to terminate your access to the Site, the Content, the Product, and the Services without any liability to you or any other entity if you do any of the following, as determined by CannTrust in its absolute discretion:
1. violate any one or more of these Terms or your covenants and agreements hereunder;
2. provide any fraudulent, false, or misleading information to CannTrust or make any false representations and warranties to CannTrust;
3. infringe on any of CannTrust’s rights under these Terms or applicable law;
4. interfere with any other user’s access or use of the Site;
5. are otherwise detrimental to the Site, CannTrust, or its suppliers or licensors.
Please contact CannTrust at info@CannTrust.com if you believe that someone has violated these Terms. CannTrust will decide, in its absolute discretion, whether to investigate the report and/or take any action relating to the report. CannTrust has no obligation or liability to you or any third party for any action it takes or elects not to take with respect to such a report.
15. Accuracy of Site Content
CannTrust provides all Content on an “as is” basis and makes no representations or warranties as to the accuracy, currency, usefulness, or completeness of any information, including without limitation descriptions of Products, processes, and recipes. All Content is provided for informational purposes only and is subject to change without notice. CannTrust assumes no liability or responsibility for any such errors, omissions or inaccuracies.
In compiling the information on this website, CannTrust has included third party reviews of its product strains. Each user hereby acknowledges and accepts that CannTrust is not the source of that information. CannTrust has not investigated or confirmed that information. CannTrust in no way vouches for the source of such information. Any and all health, medical, or other benefits extolled by such a third party or attributed to our products by a third party are strictly in the opinion of that party.
THE SOURCES OF SUCH INFORMATION ARE NOT NECESSARILY DOCTORS OR MEDICAL PROFESSIONALS. THE INFORMATION PROVIDED IS NOT MEDICAL ADVICE AND IS NOT A GUARANTEE OF A PARTICULAR EFFECT.
CannTrust does not adopt, endorse, or accept responsibility or liability for the accuracy or correctness of anything posted by any party that appears on the site. Under no circumstances will CannTrust or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content contained on the Site. By using the Site, you acknowledge and agree that CannTrust 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 ought to have known of any such deficiency in the Content or were responsible for or participated in the inclusion or omission of the Content.
In the alternative, should the foregoing be found to be unenforceable by a court of competent jurisdiction, the liability of CannTrust and/or any related party for any of the acts or omissions described in this section shall be strictly limited, in the aggregate, to Fifty Dollars ($50.00).
16. Proprietary Rights
Copyright. The Site, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. CannTrust retains and reserves all copyright and moral rights over the Site, including without limitation all Content used or accessible through this Web site but exclusive of User Content (as defined in section 18 below), as are or may be granted under the Copyright Act, the common law of Canada, international treaties, and/or any future or successive laws applicable in Canada.
By using or accessing the Site and Content you agree to comply with all international and Canadian copyright laws and to prevent any unauthorized copying. Nothing contained on the Site and nothing in 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 CannTrust, its affiliates 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, logos, and any other branding of CannTrust or its affiliate used on this Site (“Business Branding”) may be registered trade-marks other protected business intellectual property of CannTrust or an affiliate. Such Business Branding may not be copied, imitated, or used, in whole or in part, without the prior written consent of CannTrust or such affiliate. Other product and company names mentioned on this Web site may be the trademarks of their respective owners and are not to be used without the prior written consent of such owners.
Reservation of Rights. CannTrust and its affiliates’ products, services, methods, and processes may be covered by one or more patents or other statutory intellectual property rights and/or may be the subject of trade secrets or other proprietary rights. CannTrust and its affiliates reserve all such rights.
17. User Content
You agree that you are solely responsible for all content and submissions you post, upload, or otherwise associate with the Site or the Content (the “User Content”). In accordance with Section 8 of these Terms, you affirm that none of your User Content will be defamatory, abusive, obscene, hate-speech, or violate any intellectual property or other legal right of any other party.
CannTrust accepts no responsibility or liability for User Content. While CannTrust reserves the right to remove, at its absolute discretion, any User Content for any reason whatsoever, you acknowledge and accept that CannTrust does not monitor and/or moderate User Content. Each user remains solely responsible for any and all content it posts and/or uploads.
If, in your use of the Site, you encounter content that is offensive or that you believe contravenes these Terms, please e-mail CannTrust at info@CannTrust.com. The complaint procedure described in Section 15 hereof will apply.
18. Changes to Terms and Site
CannTrust reserves the right to make changes to these Terms and the Site from time to time and at any time as it may determine is necessary in its absolute discretion. Such changes shall be effective as when posted on the Site. Without limiting the generality of the foregoing, CannTrust reserves the right to refuse or remove both Content and User Content, whatever the source, without notice and without any liability.
19. Liability Disclaimer
You expressly acknowledge and accept all of the following:
1. USE OF THE SITE IS AT YOUR SOLE RISK.
2. CANNTRUST PROVIDES THE SITE AND THE CONTENT ON AN “AS IS”, “WITHOUT ANY WARRANTY”, AND “WITHOUT ANY LIABILITY” BASIS.
3. CANNTRUST DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AS PROVIDED ON THE SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND TIMELINESS OF ANY PRODUCT OR SERVICE.
4. CANNTRUST DOES NOT WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, AND ANY COMMUNICATIONS FROM CANNTRUST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. CANNTRUST 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.
6. CANNTRUST 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 CANNTRUST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
B. Beta Content
From time to time, CannTrust may offer new “Beta” features or tools for the experimental use of the Site user (“Beta Tools”). Such Beta Tools are offered solely for experimental purposes. Without limiting the generality of subsection “A” above:
1. CannTrust makes no representations, warranties, guarantees, or conditions of any kind, express or implied or collateral, with respect to the Beta Tools.
2. CannTrust may modify or discontinue the Beta Tools at any time, without notice, at its absolute discretion.
3. The provisions of subsection “A” above apply with full force to the Beta Tools.
C. Agreement as to Reasonability
THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THE LIMITATION AND DISCLAIM OF LIABILITY CONTAINED IN THIS SECTION 20 IS REASONABLE IN THE CIRCUMSTANCES.
20. Limit on Damages and Claims
Should any court of competent jurisdiction determine that the absolute disclaim of liability is unenforceable, this express limitation on damages and claims shall apply in the alternative.
THE TOTAL LIABILITY OF CANNTRUST TO YOU OR ANY THIRD PARTY FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE, THE SERVICES, OR THE PRODUCT IS LIMITED TO THE GREATER OF:
1. THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM, NOT INCLUDING THE COST OF PRODUCTS PURCHASED THROUGH THE SITE; OR
2. FIFTY DOLLARS ($50.00)
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF CANNTRUST TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO THE GREATER OF:
1. THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS; OR
2. FIFTY DOLLARS ($50.00).
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for incidental or consequential damages. Some of the limitations and disclaimers contained in these Terms may not apply to you. To the extent that applicable law prohibits CannTrust from disclaiming any implied warranty or limiting its liabilities, the scope and duration of such warranty and the extent of liability shall be the minimum permitted by law.
You agree to indemnify, defend, and hold harmless CannTrust and its parents, affiliates, related corporations, officers, directors, shareholders, employees, agents, independent contractors, and other connected entities from and against any and all claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
1. your use of or inability to use the Site or Services;
2. your User Content;
3. your violation of any of these Terms;
4. your violation of any intellectual property or other rights of a third party; or
5. your violation of any applicable laws, rules, or regulations.
CannTrust reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CannTrust in asserting any available defences.
22. Links to Third Party Sites
The Site may contain links to third party websites. CannTrust has no control over such sites. You acknowledge and accept that CannTrust is not responsible for the availability of such sites and that CannTrust neither endorses nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites (“Third Party Content”). You further acknowledge and accept that CannTrust is not directly or indirectly liable or responsible for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on Third Party Content.
23. Governing Law, Venue, and Jurisdiction
These Terms and your use of the Site and the Services shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, exclusive of the rules of private international law that lead to the application of the laws of any other jurisdiction.
The courts of Ontario shall have exclusive jurisdiction to hear any matter arising in connection to anything herein contained. You hereby attorn to the jurisdiction of the courts of Ontario for that purpose. Nothing in these Terms will prevent CannTrust from: seeking injunctive or other equitable relief; seeking payment of amounts due, or; enforcing an award before any court having jurisdiction over any person or matter. You hereby
The Internet is not a secure means of communication. CannTrust takes no responsibility for the privacy, integrity, or authenticity of communications over the Internet. CannTrust disclaims any and all liability for damages suffered should you elect to communicate confidential information over the Internet or if CannTrust so communicates at your request.
25. Terms and Termination
These Terms become effective immediately upon your acceptance thereof. Use of the Site or the Services and/or registering an Account constitutes and is deemed to be acceptance of the Terms. These Terms remain in full force and effect unless and until terminated in accordance with the terms hereof.
If feasible, CannTrust will use commercially reasonable efforts to provide you with notice of termination of any Account or Services.
Notwithstanding any other provision of these Terms, CannTrust reserves the right to terminate any Account or limit or deny your access to the Site and/or participation in any Services offered by CannTrust at its absolute discretion and to remove any inappropriate User Content at any time, without notice.
Unless otherwise indicated, all references to currency in this Agreement or on the Site are to the lawful money of Canada.
The terms, conditions, and warranties contained in these Terms that by their sense and context are intended to survive the performance, cancellation, or termination hereof shall so survive the completion of performance, cancellation, or termination of these Terms.
28. Entire Agreement
These Terms, together with the Regulated Service Terms, constitute the entire agreement between you and CannTrust with respect to the Regulated Services. If any provision of these Terms is held invalid, the remainder of these Terms, including the Regulated Service Terms as applicable, shall continue in full force and effect.