LAST UPDATED: MARCH 3, 2020
This website (the “Site”) and the information it offers including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”) are owned and operated by Candre Cannabis Inc. (“Candre”, “we”, “our” and “us”, including, where applicable, any affiliate of Candre). These Terms and Conditions are a binding agreement that applies to use of the Site generally, including reviewing Content.
Not Medical Advice: The Site, including the Content, is provided for general informational purposes only, and does not constitute any representation as to the safety, efficacy, suitability, effectiveness or other features of medical cannabis or any other product in the management of any medical condition or for any purpose, and is not intended to provide, or to be a substitute for, professional medical advice.
ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR A PHYSICIAN IMMEDIATELY.
Access is Agreement to these Terms and Conditions: These Terms and Conditions are a binding agreement between you and Candre. These Terms and Conditions apply to your access to and use of the Site, including any review of the Content. These Terms and Conditions include disclaimers, exempt Candre and other persons from liability, indemnify Candre and other persons, and include other important provisions. You must read these Terms and Conditions and any information linked to or otherwise referenced in these Terms and Conditions, and accept these Terms and Conditions, before using the Site. There may be additional terms and conditions that govern transactions and purchases made on the Site.
YOUR ACCESS TO OR OTHER USE OF THE SITE, INCLUDING REVIEWING ANY CONTENT, OR ANY OTHER USE OF THE SITE, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE IN ANY WAY, INCLUDING REVIEWING ANY CONTENT.
To make a purchase on the Website you are required to set up an account (an “Account”). If you create an Account you must log in to make purchases. Logging into an Account requires a unique user name and password (collectively, a “User ID”).
ANY CREATION OF AN ACCOUNT, ANY LOGIN TO YOUR ACCOUNT, ANY PURCHASE OF A PRODUCT AS AN ACCOUNT HOLDER, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT OPEN AN ACCOUNT, LOGIN TO YOUR ACCOUNT, OR PURCHASE ANY PRODUCT.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS PLEASE CONTACT firstname.lastname@example.org.
Updates to the Terms and Conditions: Candre may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Site after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Site home page 60 days prior to the change. Where required by Applicable Law as defined below in these Terms and Conditions, you will be notified by email or other method at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Regulations and Other Applicable Law: The Site and the Content relate to cannabis. Cannabis products, access to cannabis for medical purposes and all sale of cannabis is regulated in Canada by legislation including the Cannabis Act (Canada) (the “Act”) and the Cannabis Regulations (Canada) (the “CR”). Other federal, provincial or local law may apply to some aspects of the Site and Content. As used herein the term “Applicable Law” includes the Act, the CR and any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, other statutory law and regulations, the Civil Code of Québec, common law, and any other applicable laws. Applicable Law may, as appropriate in the context, define the rights and liabilities, subject to the disclaimers, limitations of liability, and other provisions of these Terms and Conditions, of you, Candre or other persons.
Eligibility based on Residence and Age: The Site is intended for access, review, or other use by residents of Canada, and is not intended for access, review or other use by a minor without supervision and guidance by a parent or legal guardian. For the purposes of these Terms and Conditions, a “minor” is someone who has not reached both: (a) the age eighteen, and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed. If you are a minor, you are not permitted to access, review or otherwise use the Site without supervision by and guidance of a parent or legal guardian.
CANDRE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SITE FROM OUTSIDE OF CANADA, REVIEWING CONTENT (INCLUDING ANY PUBLICLY-AVAILABLE OR LOGIN-ONLY CONTENT, OR OTHERWISE USING THE SITE, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.
Using the Site: You may view and print Content from the Site for personal, informational, and non-commercial use. You may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any Content without Candre’s express written consent. Without limiting the generality of the foregoing, you may not use the Site or any Content for commercial purposes without Candre’s express written consent.
Account: You must create an Account to make a purchase on the Site. In order to create an Account you will need to provide evidence that you are of legal age to purchase cannabis in your province of residence. In the course of being granted access to your Account, you will be required to create a User ID. Your User ID identifies and associates you with your Account and is required for you to login to your account. With your User ID, you may log in to your account and purchase goods. You agree to: (a) immediately notify Candre by email at email@example.com of any unauthorized use of your Account or any other breach of security, or any suspicion of such authorized use of your Account, and to identify your user name in the email, and (b) ensure that you log out from your Account at the end of each session. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT CANDRE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS WHILE ACCESSING THE SERVICES, MAKING PURCHASES OR OTHERWISE ACCESSING YOUR ACCOUNT.
User ID: Your unique user name and password are, collectively, your User ID. Your User ID is the key to your Account. You are responsible for maintaining the confidentiality of your Account, including your User ID. Use a user name that is different from any known user names you have on social media or other public websites. Use unique numbers, letters and special characters in your password. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf and associated liability. Therefore, if your User ID has been compromised for any reason, you should immediately notify us at firstname.lastname@example.org and change your password.
Account Status: You agree that we may refuse, cancel or terminate any Account, or refuse to sell products to you at any time and without notice if, at our discretion we determine that you have failed to comply with these Terms and Conditions, or you are otherwise ineligible use this Website for any reason. YOU AGREE THAT CANDRE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED ACCOUNT.
Sale of Goods: Candre reserves the right, in its discretion, to cancel or refuse orders for failure to comply with applicable law, including if we believe that you have made a false or fraudulent order that is or appears to be inconsistent in any way with applicable law, and to inform the relevant authorities in accordance with applicable law. All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Candre may, in its discretion, limit or cancel the quantities offered on the Website or limit sales of products to any person, household, geographic region or jurisdiction.
Prices: Unless otherwise stated, all prices are in Canadian Dollars. Prices for all goods are indicated on the Site and are subject to change without notice. Where a price is inconsistent as between publicly-accessible portions of the Website and portions of the Website available only by logging in to an Account, the price as indicated on the portion of the Website available only by logging in to an Account is the correct price. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees and applicable taxes for purchases at the time of the transaction with a valid payment method. If your payment method fails, or your Account otherwise becomes past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel for accounts over 180 days past due.
Payment: Payments are securely processed using a third party payment processor. When you complete your payment you will be transferred to the third party processor’s website and their terms and conditions will apply.
Refunds: All sales are final.
Prohibited Use of the Site: You may not use the Site or any Content for any unlawful purpose or any unsafe purpose. Accessing or using the Site, including reviewing Content, acting on Content, or otherwise using the Site in jurisdictions where the Site or the Content are illegal, is prohibited. If you choose to access the Site from such a jurisdiction, you do so on your own initiative, discretion and risk, and you are responsible for compliance with both the Applicable Law and with any laws applicable in the jurisdiction from which you are accessing the Site. Without limiting the generality of the foregoing, while accessing or using the Site, including reviewing Content, you agree that you will not:
Without limiting other recourse, including but not limited to any remedy available under Applicable Law, we may limit, delay, suspend or terminate any access to the Site, Account, Content, linked sites, deny an Application, or take technical and legal steps to keep users off the Site if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Candre or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Candre, Candre Group (as defined below in these Terms and Conditions), or any other person.
No Spam, Spyware or Spoofing: Candre takes compliance with Applicable Law pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Candre on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any Applicable Law.
Accuracy of Site Content: All Content is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site and the Content are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Candre assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, Candre does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Candre or by any third party, which appears on the Site. Subject to the foregoing, Candre works to keep the Site updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at email@example.com.
Content and Intellectual Property Rights: The Site and all Content, including these Terms and Conditions are © 2020 Candre, its suppliers or affiliates. All rights reserved. The copyright for the Site and all Content is owned by or licensed to Candre and is protected under Applicable Law including the Copyright Act (Canada), common law rights, and by other copyright laws in other jurisdictions. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Candre, other than as expressly provided for in these Terms and Conditions. Nothing on the Site shall be construed as
conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Candre or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos of Candre, any affiliate or any third party used on the Site may be trademarks, including registered trademarks of Candre. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Candre or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Reservation of Rights: Without limiting the generality of the foregoing, other of Candre’s methods and processes may be subject to rights, including Intellectual Property Rights, of Candre or a third party. Candre and any applicable third parties reserve all such rights.
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose Candre to any liability for damages you may suffer as a result of communicating with Candre by electronic communications or if Candre communicates such information to you at your request, including in the context of an Application.
Outbound Links: The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you, and not as an endorsement by Candre of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Candre makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Candre generally agrees with linking to the Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and Candre. Notwithstanding the foregoing, Candre reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Site through a link, at Candre’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Site, Candre, or Candre Group (as defined below in these Terms and Conditions).
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
CANDRE GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO CANDRE, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO CANDRE CANNABIS INC., AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF CANDRE CANNABIS CORPORATION, OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “CANDRE GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE, ACCOUNTS AND THE CONTENT ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY CANDRE GROUP, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CANDRE GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. CANDRE GROUP MAKES NO WARRANTY THAT THE SITE, ACCOUNT OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CANDRE GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE, ACCOUNTS, THE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY CANDRE GROUP OR ANY PERSON ON THE SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY CANNABIS PRODUCT OR OTHER CANNABIS IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA).
DISCLAIMER OF CANDRE GROUP COMMUNICATIONS: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE FROM CANDRE GROUP, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD PARTY STATEMENTS: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR THE CONTENT. YOU UNDERSTAND THAT CANDRE GROUP DOES NOT ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SITE, THE CONTENT, OR CANDRE GROUP.
THIS SITE MAY CONTAIN CERTAIN INFORMATION THAT IS FORWARD-LOOKING AND IS SUBJECT TO IMPORTANT RISKS AND UNCERTAINTIES. THE WORDS “ANTICIPATE”, “EXPECT”, “BELIEVE”, “MAY”, “SHOULD”, “ESTIMATE”, “PROJECT”, “OUTLOOK”, “FORECAST” OR OTHER SIMILAR WORDS ARE USED TO IDENTIFY SUCH FORWARD-LOOKING INFORMATION. FORWARD-LOOKING STATEMENTS IN THIS SITE ARE INTENDED TO PROVIDE CANDRE SECURITY HOLDERS AND POTENTIAL INVESTORS WITH INFORMATION REGARDING CANDRE AND ITS SUBSIDIARIES, INCLUDING MANAGEMENT’S ASSESSMENT OF CANDRE’S FINANCIAL AND OPERATIONS PLANS AND OUTLOOK. FORWARD-LOOKING STATEMENTS IN THE INVESTOR RELATIONS MATERIALS ON THIS SITE MAY INCLUDE, AMONG OTHERS, STATEMENTS REGARDING THE ANTICIPATED BUSINESS PROSPECTS AND FINANCIAL PERFORMANCE OF CANDRE AND ITS SUBSIDIARIES, EXPECTATIONS OR PROJECTIONS ABOUT THE FUTURE, AND STRATEGIES AND GOALS FOR GROWTH AND EXPANSION. ALL FORWARD-LOOKING STATEMENTS REFLECT CANDRE’S BELIEFS AND ASSUMPTIONS BASED ON INFORMATION AVAILABLE AT THE TIME THE STATEMENTS WERE MADE. ACTUAL RESULTS OR EVENTS MAY DIFFER FROM THOSE PREDICTED IN THESE FORWARD-LOOKING STATEMENTS. FACTORS THAT COULD CAUSE ACTUAL RESULTS OR EVENTS TO DIFFER MATERIALLY FROM CURRENT EXPECTATIONS INCLUDE, AMONG OTHERS, THE ABILITY OF CANDRE TO SUCCESSFULLY IMPLEMENT ITS STRATEGIC INITIATIVES AND WHETHER SUCH STRATEGIC INITIATIVES WILL YIELD THE EXPECTED BENEFITS, AND OTHER CANNABIS INDUSTRY ISSUES. BY ITS NATURE, FORWARD LOOKING INFORMATION IS SUBJECT TO VARIOUS RISKS AND UNCERTAINTIES, WHICH COULD CAUSE CANDRE’S ACTUAL RESULTS AND EXPERIENCE TO DIFFER MATERIALLY FROM THE ANTICIPATED RESULTS OR EXPECTATIONS EXPRESSED. READERS ARE CAUTIONED TO NOT PLACE UNDUE RELIANCE ON THIS FORWARD-LOOKING INFORMATION, WHICH IS GIVEN AS OF THE DATE IT IS EXPRESSED IN THIS SITE OR OTHERWISE, AND TO NOT USE FUTURE-ORIENTED INFORMATION OR FINANCIAL OUTLOOKS FOR ANYTHING OTHER THAN THEIR INTENDED PURPOSE. CANDRE UNDERTAKES NO OBLIGATION TO UPDATE PUBLICLY OR REVISE ANY FORWARD-LOOKING INFORMATION, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE, EXCEPT AS REQUIRED BY LAW.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANDRE GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
IF YOU CHOOSE TO CREATE AN ACCOUNT, USE THE SITE OR THE CONTENT, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM CANDRE GROUP. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE CREATING AN ACCOUNT, ACCESSING, APPLYING AND USING THE SITE, AND THE CONTENT, ONLY UNDER THE ADVICE OF A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER IN ACCORDANCE WITH APPLICABLE LAW AND OTHERWISE AT YOUR OWN RISK AND UNDER YOUR OWN DISCRETION.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY CANDRE GROUP OR IN THE CONTENT WHETHER OR NOT CANDRE GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) CANDRE GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD CANDRE GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF AN ACCOUNT, THE SITE AND THE CONTENT. NOTWITHSTANDING THIS INDEMNITY, CANDRE GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF CANDRE’S SELECTION AT CANDRE GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES: FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE SITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT CANDRE’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
ACKNOWLEDGEMENT: THE PARTIES TO THESE TERMS AND CONDITIONS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
LIMITATION ON QUANTUM: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to Candre, constitutes your consent to receive any legal notices required by Applicable Law at the email address or other contact information you provide to Candre. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Candre, unless Candre is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Candre. In such case, notice shall be deemed given three days after the notice is sent in the mail by Candre.
Law and Forum for Legal Disputes: For residents of Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent, any claim or dispute you may have against Candre is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For residents of provinces outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Candre is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Alberta. You agree to submit to the personal jurisdiction of the courts located within Alberta for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions: When reviewing Content or otherwise accessing the Site, you are subject to any posted policies or rules applicable to the Site, which are available on the applicable portion of the Site Subject to any additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Candre with respect to the Site, the Content, and any information obtained through the Site by communication with Candre personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Site. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Candre has the right, in its discretion, to terminate or suspend your access to the Site, or to limit or deny your access to or participation in any Content, offered by Candre at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Candre, interfere with any other person’s access to or use of the Site, or if Candre decides in its discretion for any reason whatsoever access to the Site by any person, access to Content by any person, is otherwise detrimental to the Site, Candre or Candre Group more broadly, or Candre’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Candre with details. Candre may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Candre does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Candre.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with Candre by email as indicated in these Terms and Conditions. You can communicate with Candre by email at firstname.lastname@example.org. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
Language: You and Candre have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by Candre is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Candre’s Administration Officer by email at email@example.com or by mail at the address below with attention to the Administration Officer.
ATTN: Administration Officer
Suite 202, 279 Midpark Way SE
Download the Candre Cannabis Terms and Conditions.