Terms & Conditions


WeedOrganic Terms of Use
 

  1. Description of WeedOrganic
  2. User Requirements
  3. Registration 
  4. Use and Termination of WeedOrganic
  5. Intellectual Property
  6. User Conduct
  7. Messaging and Communication
    1. Messaging Features
    2. Messaging Features
    3. Opt-Out
    4. Opting Back In
    5. Push Notifications
    6. E-mails
  8. Liability
    1. General
    2. Third-Party Materials
    3. Deals
    4. Other Users
    5. Release
    6. Indemnification
    7. Disclaimer
  9. General
    1. Applicable Law
    2. Arbitration
    3. Waiver
    4. No Limitation
    5. Severability
    6. Entire Agreement
    7. Waiver
    8. Contact
  10. IOS Specific Terms and Conditions
  11. WeedOrganic Contact Information 

By using the “WeedOrganic” application (the “WeedOrganic”) you are agreeing to be bound by the following Terms of Use and these Terms of Use govern the relationship between you and WeedOrganic Inc., which includes it’s affiliates, any subsidiaries and related companies (“Company”). Any new features or services offered through WeedOrganic shall also be subject to these Terms of Use, including any guidelines, terms or rules which may be added or posted on the site from time to time, and which shall be deemed to be incorporated by reference into this agreement.

 

Company reserves the right to update and change these Terms of Use from time to time by posting the updated Terms of Use at www.weedorganic.ca, weedorganic.co.uk, weedorganic.de, weedorganic.com.au and other domains and subdomains and on WeedOrganic. It is your responsibility to consult with these Terms of Use from time to time to ensure that you are up to date on any changes which may affect you. Continued use of WeedOrganic indicates continued acceptance of these Terms of Use.

 

Company’s collection, use and disclosure of your personal information in connection with WeedOrganic shall be governed by the Privacy Policy located at www.weedorganic.ca .By using WeedOrganic, you consent to the Company’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.

 

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS OR USE WEEDORGANIC.

  1. Description of WeedOrganic
    1.     1.1.WeedOrganic provides users with the ability to, amongst other things, review and source a collective of cannabis strains, brands and products from a variety including cannabis flower, oils, concentrates, edibles, beverages, topicals, tinctures, capsules, pre-rolls and other cannabis products. WeedOrganic provides user based reviews in regards to strains, brands, products and retail locations where to purchase cannabis from licensed retailers including store fronts, delivery, and other licensed cannabis retail and deals they may provide based on the rules and regulations in the legal jurisdiction in which they operate.
    2.     1.2.WeedOrganic takes steps to  restrict individuals under the legal age of cannabis consumption in the jurisdiction, province, and or state which they reside or live by requiring users to enter the date of birth and agree to the terms and conditions before registering or signing up for any WeedOrganic services and/or use of any of it’s applications. However, Company does not guarantee that a prospective user’s laws of his or her domicide or jurisdiction would permit him or her use of any of WeedOrganic’s services and/or application’s and/or use of any cannabis related uses or services. You yourself must ensure that you are legal age and qualified medical cannabis patient or user for lawful use and access thereof in the jurisdiction of your own domicide or residence.
    3.     1.3.WeedOrganic includes both paid and free functionality and you acknowledge that different parties may have access to different features based on the additional features purchased by each user. Additional information regarding paid features can be found at www.weedorganic.ca.
  2. User Requirements
    1.     2.1.You represent that you satisfy the following requirements:
  1. you are of the legal age of lawful consumption of Cannabis products in your Jurisdiction;
  2. you are of the legal age and are capable of acquiring / consuming Cannabis products lawfully and safely; and
  3. you are capable of entering into these Terms of Use.
  1. Registration
    1.     3.1.In order to use WeedOrganic, you may be required to provide Company with certain information. You guarantee that the information you provide Company is complete, accurate and up-to-date and will keep such information current.
    2.     3.2.You are responsible for maintaining the confidentiality of any passwords and account identifiers, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Company of any unauthorized use of your password or account.
    3.     3.3.Upon registration, WeedOrganic, reserves the right to request further identification to verify that you are of legal age in the jurisdiction of your domicide, and/or residence.
    4.     3.4.Company will use reasonable commercial efforts to validate any such identification documents provided by you.
  2. Use and Termination of WeedOrganic
    1.     4.1. This agreement will remain in full force and effect while you use the Site or Services. Company may (a) suspend your rights to use the Site and/or Service (including your WeedOrganic Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your WeedOrganic Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your WeedOrganic Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your WeedOrganic Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2, 5.1, 5.3, 6.3, 6.4, and 9.
    2.  
    3.     4.3.You can stop using WeedOrganic at any time. Company may also stop providing WeedOrganic to you, or add or create new features to WeedOrganic, at any time, at it’s sole discretion.
    4.     4.4. If you stop using the services and/or all applications of WeedOrganic for a period longer than 180 days, the Company may deem you to have terminated your use of WeedOrganic. In such event, Company reserves the right to delete your profile and any data associated with your profile from its servers. If Company deletes your account for inactivity, you will no longer have access to your account, data or any other information recorded with WeedOrganic.
    5.     4.5. However, provided that you qualify, you may re-apply.
  3. Intellectual Property
    1.     5.1.You acknowledge that WeedOrganic is protected by copyright, trademark and other proprietary rights and laws and that all intellectual property rights in and to WeedOrganic are the sole property of Company or its licensors. Your use of WeedOrganic does not give you any ownership in any Intellectual Property in or related to WeedOrganic.
    2.     5.2.Subject to your compliance with these Terms of Use, and any restrictions set out herein, Company grants you a non-exclusive, non-transferable, personal, revocable, limited license to download and use WeedOrganic, including web and mobile applications as Company may permit from time to time, in accordance with these Terms of Use.
    3.     5.3.You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of WeedOrganic, any updates, or any part thereof.
  4. User Conduct
    1.     6.1.You may use the services and applications of WeedOrganic only for personal, non-commercial purposes.
    2.     6.2.You are responsible for ensuring that:
  1. you comply with all laws applicable to you with regards to your use of WeedOrganic and it’s services and it’s applications;
  2. only you are permitted to use WeedOrganic and it’s services and applications to obtain and record information in accordance with these Terms of Use and you do not allow another individual to make use of same on your behalf;
    1.     2.3.You agree not to use WeedOrganic to:
  1. circumvent security measures or other measures within WeedOrganic or it’s applications provided by the company;
  2. publish, upload, post, email, transmit or otherwise make available any content that; (i) you do not have the right to make available; (ii) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (iii) infringes any intellectual property rights of any party; (iv) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (v) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
  3. defame, harass, abuse, stalk, threaten or violate the legal rights, including rights of privacy, of the Company or any third party whatsoever;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your identity;
  5. manipulate identifiers on your mobile phone in order to disguise the origin, time or location of any content transmitted through WeedOrganic;
  6. interfere with or disrupt WeedOrganic;
  7. violate any applicable local, provincial or federal law and any regulations; or
  8. harvest, collect, or store personal information or data of third parties.

 

  1. Messaging and Communication
    1.     7.1.Messaging Features: Some paid value-added features of WeedOrganic may provide functionality that enables WeedOrganic to send text messages, SMS messages, e-mails, including push notifications, or make phone calls to you or on your behalf to third parties designated by you in advance. If you use such additional features, you authorize Company and/or WeedOrganic to send SMS messages to you or on your behalf for the purpose of providing you with such value-added features.
    2.     7.2. Opt-Out: By Signing this agreement, you are agreeing to receive text messages until you opt-out. You may opt out of receiving promotional text messages from WeedOrganic at any time by replying STOP to a promotional text message from WeedOrganic. You may opt-out of receiving all text messages from WeedOrganic at any time by deleting your account or by replying STOP to any text message from WeedOrganic. NOTE; if you opt-out of receiving all text messages from WeedOrganic, you will not be able to use certain Services without agreeing to receive promotional text messages, You may continue to receive text messages for a short period while WeedOrganic processes your request, and you may also receive text messages confirming the receipt of your opt-out request. By signing this agreement, you are waiving your right to pursue any claims arising from any messages sent to you while the opt-out request is pending.
    3.     7.3.Opting Back In: You may opt back into receiving text messages from WeedOrganic at any time by replying START to a text message from WeedOrganic.
    4.     7.4.Push Notifications: When you install our Mobile App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the Mobile App is not on. You can turn off notifications by visiting your mobile device’s \”settings\”page.
    5.     7.5.Email: You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
  2. Liability
    1.     8.1.General: You are solely responsible for your interactions with other users of WeedOrganic.
    2.     8.2. Third-Party Interactions: During the use of the Site or Service, you may enter into correspondence with purchased goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service. In particular, WeedOrganic is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. WeedOrganic shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
    3.     8.3. Third-Party Materials: The Site or Services might display, include, or make available third-party content (including data, information, articles, applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as Deals and dispensary Menu’s, including pricing, product names, and product descriptions each Menu (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that WeedOrganic is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. WeedOrganic does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary and appropriate before proceeding with any transaction in connection with such Third-Party Material.
    4.     8.4.Deals: The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. WeedOrganic displays these Deals on the Site and Services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The Offeror, and not WeedOrganic, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
    5.     8.5.Other Users: Each User of the Site or Services is solely responsible for any and all of it’s User Content and Third-Party Materials. Because we do not control User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other Site or Service users (including Dispensaries) are solely between you and such user. You agree that WeedOrganic will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
    6.     8.6.Release: In consideration of your use of the Site and Services, you hereby release and forever discharge WeedOrganic (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interaction with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials, including claims you did not know existed at the time you signed this Agreement.
    7.     8.7.TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING , INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), EXCEPT FOR DIRECT DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE WEEDORGANIC; (ii) VALUE ADDED FUNCTIONALITY PURCHASED OR OBTAINED THROUGH WEEDORGANIC; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY’S LIABILITY FOR DIRECT DAMAGES TO YOU EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO COMPANY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DIRECT DAMAGES OR $25 CANADIAN DOLLARS.

 

  1. Indemnification
    1.     9.1.You agree to indemnify and hold Company, its affiliates, partners and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any claim or demand, including reasonable legal fees, which may be incurred by reason of or in connection with your breach or failure to comply with these Terms of Use or for any violation of any law or regulation by you.
  2. Disclaimer
    1.     10.1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF WEEDORGANIC  AND IT’S SERVICES AND APPLICATIONS IS AT YOUR SOLE RISK. WEEDORGANIC AND IT’S SERVICES AND IT’S APPLICATIONS IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF WEEDORGANIC. COMPANY DOES NOT GUARANTEE UNINTERRUPTED OPERATIONS OF WEEDORGANIC.
    2.     10.2.YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF WEEDORGANIC AND IT’S SERVICES AND APPLICATIONS.

 

  1. General
    1.     11.1.Applicable Law: The Terms of Use shall be governed and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada and applicable appellate courts in the Province of Ontario and in Canada.
    2.     11.2.Arbitration
  1. Except for any action seeking equitable relief, including without limitation for the purpose of protecting any of Company’s intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or WeedOrganic shall be settled by binding arbitration before a single arbitrator and in accordance with the provisions of the Ontario Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Toronto, Ontario, Canada, without giving effect to any principles that may provide for WeedOrganic of the laws of another jurisdiction. To the extent that enforceability of this agreement may reference any law of any other jurisdiction, the parties here to agree that such reference shall be to the laws of the Province of Ontario and the federal laws of Canada without regard to conflict of laws provisions.
  2. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
  3. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
  4. The parties agree that all aspects of the arbitration proceedings and any decision, ruling or award by the arbitration will be strictly confidential for the benefit of all parties.
    1.     4.3.Waiver: You hereby waive any right to a jury trial or trial by way of a class action, in connection with any controversy or claim arising out of or related to these Terms of Use or WeedOrganic and it’s services and applications.
    2.     4.4.No Limitation: Nothing in these Terms of Use shall limit any right that Company may have at law, agreement or otherwise.
    3.     4.5.Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect to the extent permitted by law.
    4.     4.6. Entire Agreement:
  1.     These Terms of Use constitute the entire agreement between you and Company and govern your use of WeedOrganic, superseding any prior agreement, whether oral or written.
  2.     The parties hereto to acknowledge and agree that nothing contained in this agreement  shall be construed to establish any employment, partnership or joint venture relationship whatsoever between you and WeedOrganic.
  3.     This agreement and any rights and obligations provided for or set out herein cannot be assigned, delegated, or transferred by you except with the prior written consent of WeedOrganic, which consent can be arbitrarily withheld.
    1.     3.7.Waiver: The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
    2.  
  1. iOS Specific Terms and Conditions: The following terms and conditions apply if you are using Weed Organic on an iOS device:
    1.     12.1.You acknowledge that these Terms of Use are entered into as between You and the Company only, and not with Apple, and that Apple is not responsible for:
  1. WeedOrganic and the content thereof;
  2. any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of WeedOrganic to conform to any applicable warranty, however, you may notify Apple, and Apple will refund you the purchase price for WeedOrganic. To the maximum extent permitted by applicable law, Apple or Google, as the case may be, has no other warranty obligation whatsoever with respect to WeedOrganic;
  3. any third party claim that WeedOrganic, or your possession and use of WeedOrganic, infringes that third party’s intellectual property rights;
  4. providing any maintenance and support services with respect to WeedOrganic; and
  5. addressing any claims, whether made by you or any third party, relating to WeedOrganic or your possession and/or use of WeedOrganic, including, but not limited to: (i) product liability claims; (ii) any claim that WeedOrganic fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    1.     5.2.You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    2.     5.3.You acknowledge and agree that Apple, and Apple’s subsidiaries, and that Google Play and it’s subsidiaries, as the case may be, are third party beneficiaries of these Terms of Use and that, upon your acceptance of these Terms of Use, Apple or Google, as the case may be, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
    3.     5.4.The license granted to you in Section 5.2 above:
  1. is limited to your use of WeedOrganic on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) or any Google Play or Google Play Devices, as the case may be, and that you own or control and you shall only use WeedOrganic as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, or in the Google Play or Google App Store Terms of Service, as the case may be;
  2. does not allow you to use WeedOrganic on any iOS Device or Google device that you do not own or control, and except as provided in the Apple App Store Terms of Service, or in the Google App Store Terms of Service, as the case may be, you may not distribute or make WeedOrganic available over a network where it could be used by multiple devices at the same time;
  3. is limited such that you do not have the right to rent, lease, lend, sell, transfer, redistribute, or sublicense WeedOrganic and, if you sell your iOS Device to a third party, you must remove WeedOrganic from the iOS Device or Google Device, as the case may be, before doing so.

13. WeedOrganic Contact Information:

 

WEEDORGANIC INCORPORATED

Address: 202-211 Consumers Road,

Toronto, Ontario, M2J4G8, Canada

 

Email: ContactUs@WeedOrganic.ca

 

 

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