Acreage Pharms Ltd. - Terms and Conditions of Service, Refund Policy & Shipping Policy

Last Updated: March, 2018.

Welcome to www.acreagepharms.ca (the “Website”). This Website, including all information, resources, products and services (collectively, the “Services”), is owned and operated by Acreage Pharms Ltd. (“Acreage Pharms”, “we”, “us” or “our”). These terms of use (“Terms”) along with our Privacy Policy and any other terms, conditions or disclaimers on our Website, form a legally binding agreement between you (the “user” or “you”) and us, and governs your use of the Website and the Services we offer. By using or accessing any part of the Website or Services in any way including, but not limited to, registering for an account or posting a comment or any other content on the website, you signify that you have read, understand and agree to be bound by the Terms.

We reserve the right to change, modify or amend these Terms at any time, and will post a current version of these Terms on our Website. It is your responsibility to check this webpage periodically for any such updates. Your use, and continued use of our Website and/or Services following an amendment to these Terms constitutes your agreement to these Terms and a binding agreement between Acreage Pharms and you. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

Legal Use of Our Website and Services

You must be at least the age of majority or legal age of your jurisdiction of residence in order to use our Website and the Services we offer. If you are under the age of majority or legal age in your jurisdiction of residence, you are prohibited from using our Website and/or Services without consent from your parent or guardian. By using our Website and/or Services, you represent and warrant that you have the right and authority to enter into these Terms. We disclaim any and all responsibility or obligation to monitor or verify the age or legal status of any of our users.

Use of our Website and Services is intended for residents of Canada only. Access to and use of this Website and the Services is not permitted where prohibited by law. If you choose to access and/or use the Website, you do so on your own initiative and are responsible for compliance with these Terms and all applicable laws.

You represent and warrant that you will only use our Website and/or Services 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.

Privacy

These Terms include our Privacy Policy, which explains how we handle any information that you submit to us or we hold about you (e.g., your prescription information). Our Privacy Policy is available here and is incorporated by reference.

NOT MEDICAL ADVICE

Our Website and Services do not provide or offer, and are not a replacement for professional medical evaluation, advice, diagnosis, or treatment. Acreage Pharms provides information on the Website and Services such as information regarding different strains of medical cannabis as general information only. Information provided on the Website and Services is not intended to replace the need to consult a healthcare provider. Rather, we provide information for discussion between patients and their healthcare providers who will ultimately make any decisions regarding treatment.

Acreage Pharms shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional.

Registering An Account

You will be required to register for an account and provide the requisite information to us through our Website to make purchases of our medical cannabis products. Some information you submit to us through your Account may be personal information or personal health information. Please see our Privacy Policy for more details on how we handle such information.

If you wish to register for an account, you will be asked to submit your name and email. We will then provide you with a user ID for use on our Website. Once you are issued a user ID, you will be asked to set up a password through our Website for the user account. Your user account will not be active until we received all requested information, namely, your health care provider’s prescription that would allow you to purchase medical cannabis products.

You represent and warrant that you will: (a) provide true, accurate, current and complete information as requested from our registration function on our Website (the “Registration Information”); and (b) maintain and promptly update your Registration Information to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges and to refuse any and all current or future use of the Website and/or Services.

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 user account ID and 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 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 fulfill these; or (iii) protect the rights, property or safety of Acreage Pharms Ltd., other users and/or the general public.

Our Products and Services

Once you have registered an active user account, you will be able to engage in purchase transactions for products on our Website. All products available through our Website are subject to product availability. Your ability to purchase medical cannabis products may be restricted by your prescription (e.g., depending on the % content of THC/CBD prescribed).

We may also, 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, household, geographic region or jurisdiction, subject to our regulatory obligations pursuant to the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”).

While we make every effort to fulfil your purchase order, we reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations pursuant to the ACMPR. If we believe that you have made a false or fraudulent order (e.g., submitted an invalid prescription), 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.

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.

If you purchase medical cannabis from us, you represent and warrant that you will only use such medical cannabis as prescribed by your doctor, and you will not resell or otherwise transfer such medical cannabis to any other person.

Payments, Return and Exchange Policy

ALL SALES ARE FINAL. Please contact us if you are not satisfied with your medical cannabis and/or have reason to suspect it is defective and we will make every effort to assist you. We may, in our sole discretion, process a refund or exchange on a case-by-case basis.

We use the services operated by a third party payment processor as a payment gateway for processing purchase orders (“Payment Processor”). Our Payment Processor provides us with the necessary software and application programming interface (API) that allows users to submit orders and make purchases. Our Payment Processor will store payment information such as credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). We ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations. Our Payment Processor adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by us and our service providers.

When you make a purchase on our Website, you agree to pay, and authorize our Payment Processor to charge using your selected payment method, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in Canadian Dollars and are non-refundable except as required by law. We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.

Acreage Pharms makes no representations or warranties to you that purchases of our products are reimbursable under any insurance plans.

Shipping Policy

We only ship to locations within Canada. Acreage Pharms will ship all products purchased by a courier in accordance with requirements under the ACMPR. Depending on the total value of the products you order from our Website, shipping fees may apply. We will need to share your shipping information, including name and address, with our shippers. If you have any questions or concerns about shipping, please contact us at the information below.

We will only ship any products you order to your registered address listed on your account. You may not request that we ship product to an alternate address unless you update your registered address (i.e., if you move you must notify us to update your account accordingly).

Acceptable Use Policy

We have established the following rules of use for our Website and Services. You agree not to:

  • post or communicate any content that is unlawful, harmful, fraudulent, inaccurate, threatening, libelous, slanderous, abusive, harassing, obscene, profane, vulgar, sexually offensive, hate speech or racially, ethnically or ethically objectionable;

  • post or communicate any content that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, national, or international law;

  • violate any third party rights, including third party intellectual property rights (including copyright, such as removing proprietary notices or labels on this website of the Content (as defined below)) or privacy rights;

  • post or communicate any content for commercial purposes, including advertising, promotions, junk mail or spam;

  • commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects on the website and/or the web server(s) hosting the Website or other websites owned by us;

  • frame, mirror, scrape or data-mine the Website or any of its content in any form or by any means;

  • post, upload or otherwise transmit through the Website any viruses or other harmful, disruptive or destructive files;

  • collect data, including individuals’ personal information (as defined in our Privacy Policy), from the Website for unsolicited marketing purposes or other commercial purposes;

  • disclose a password, permit a third party to use a password, or fail to notify us if a password is compromised;

  • impersonate or misrepresent your affiliation with any person or entity; and/or

  • encourage or enable any other individual to do any of the foregoing.

Misuse of the Website and Services may result in civil and/or criminal liability. We have the right to immediately terminate the access of any user who misuses the Website or violates the Terms.

The Content On This Website

Except for public domain material, all content and material on and/or forming part of our Website and Services from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by Acreage Pharms or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Trademarks

The trademarks, service marks or logos displayed on and/or used in connection with this website (collectively, the “Marks ”) are either registered or unregistered trademarks of Acreage Pharms or of our licensors. Nothing in these Terms should be construed as granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our website.

Assumption of Risk; No Warranties

This Website, the Services it offers, the Content and any products purchased through this Website are provided by Acreage Pharms on an “as is” and “as available” basis only and without warranties of any kind either express or implied. To the maximum extent permissible under the law, and without limiting the foregoing, Acreage Pharms expressly disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of intellectual property and other proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance. Acreage Pharms does not warrant that the Website, the Services it offers or any Content will be uninterrupted or error-free, that defects will be corrected or that the website or the web server hosting the Website will be free of viruses or other harmful components. If you download Content from the Website, you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. No advice or information obtained by you from the Website or Services shall create any warranty of any kind. In no event will Acreage Pharms be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Website. Acreage Pharms does not monitor all activity occurring on the Website, but reserves the right to do so.

Using the Services may involve the risk of physical or mental injury or illness. Acreage Pharms Ltd. disclaims all responsibilities for any injury or illness as a result of the use of the Services.

Limitation of Liability; Indemnity

To the maximum extent permitted by law and without limiting the foregoing, Acreage Pharms and its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, shall not be liable to you or any other party for any damages of any kind arising from your use of the Website, the Services it offers, any Linked Sites (defined below), your reliance on any Content, or your use of any products purchased through this Website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages, and includes loss of profits, business interruption, cost of substitute products or services, loss of programs or other data on your information handling system or otherwise, even if Acreage Pharms is expressly advised of the possibility of such damages.

If you are dissatisfied with any portion of the Website, Services, the products purchased through the Website, or with these Terms or any other policy applicable to the Website, Services or products, your sole and exclusive remedy is to discontinue using the Website, Services, and the products.

In consideration for your use of the Website and Services, you understand and voluntarily accept the risks and agree to defend, indemnify and hold harmless Acreage Pharms, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of the Terms or your violation of any law or the rights of any third party and/or arising out of or in connection with any of your Submissions. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Acreage Pharms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

Links to Other Websites

Like many other websites, our Website may contain links to other third party websites, which are not governed by these Terms (“Linked Sites”). These links are provided for your convenience only and not imply endorsement by us of the Linked Site or any association with its operators. Please be aware that these Linked Sites may be governed by separate terms of use. We encourage you to be aware when you click these links and leave our site. Your use of these Linked Sites is at your own risk.

Termination

We reserve the right to refuse Services to anyone, at any time, for any reason, subject to our regulatory obligations pursuant to the ACMPR. We may, in our sole discretion, to many any changes to the website, terminate or suspend your access to all or part of this Website, the Services and its Content for any reason, including, without limitation, your breach of these Terms. We have absolute discretion to determine if any use violates these Terms and to take action as we deem appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, or make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Miscellaneous

These Terms and your use of the website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute arising under the Terms shall be resolved exclusively by the courts located in the Province of Alberta. If any provision of the Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and/or the rules and regulations set forth on this website, including without limitation the right to block access from a particular internet address. 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.

If any provision of these Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. The Terms, including our Privacy Policy and any other terms and conditions applicable to your use of the website constitute the entire agreement between you and Acreage Pharms in connection with your use of the website and the products and services it offers.

Your use of the website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and us other than that of independent contractors.

Our Communication With You

If you have opted-in to receive our newsletter, you consent to receiving newsletters from us. You can always unsubscribe at any time by clicking the link at the bottom of each communication (e.g., in the email footer). If you choose not to opt-in or choose to opt-out, the remainder of these Terms will continue to apply to your use of this Website and our Services.

Questions? Concerns?

If you have any questions, concerns, or suggestions regarding these Terms, please contact us at clientcare@acreagepharms.ca or by submitting an inquiry on our Contact Us page of this website.

Privacy Policy