Terms and Conditions
Not Medical Advice
The Site, including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”), is provided for general informational purposes only, does not constitute a representation as to the efficacy of any of the Products 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 THIS SITE.
If you think you may have a medical emergency, call your doctor or 911 immediately.
About these Terms and Conditions
Your access or use implies agreement
Modifications to the Terms and Conditions
fleurishcannabis.com may revise and update these Terms and Conditions at any time. Your continued usage of the Site after any changes to these Terms and Conditions will mean you accept those changes. A notification of any changes to the Terms and Conditions will be posted prominently on the Site home page, will be accessible from your account, and where required by law, you will be notified by email prior to the amendment taking effect, if and when these Terms and Conditions are updated.
The Site, Services and Products are only intended for use by residents of Canada. By registering an Account and using the Services, you represent and warrant that you are ordinarily resident in Canada. The Site, Services, and the Products are not intended for use by minors. For the purposes of these Terms, 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 by the user. If you are a minor, you are not permitted to register to create an Account or to otherwise access or use the Site.
Your access and use of this Website shall be deemed to be provided in Ontario and subject to Ontario law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this Website (including the Services), you may not: (i) enter into these Terms; or (ii) access or use this Website or the Services. By accessing or using this Website you are explicitly stating that you have verified in your own jurisdiction that your access and use of this Website and the Services is allowed.
Fleurish reserves the right to confirm your compliance with any or all of the foregoing representations and warranties at any time, by further investigation or requesting supporting documentation.
In order to access and use certain Services (e.g. ability to place an order for Products (as defined below)), you may need to sign up for and maintain an account with us (an “Account”). If you sign-up for an Account, you represent and warrant that you will: (a) provide true, accurate, current and complete information as prompted by any registration functions on this Website (such information being the "Registration Information"); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete at all times. If you provide any 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 on this Website and to refuse any and all current or future use of this Website.
You are not permitted to allow anyone else to use your Account, nor are you permitted to use anyone else’s Account. You must keep your Account password confidential 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 Terms; or (iii) protect the rights, property or safety of Fleurish Cannabis, other users and/or the general public.
Use of this website
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
You may not interfere with the security of, or otherwise abuse, this Website, or any system resources, services or networks connected to or accessible through this Website. You may only access or use this Website for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Fleurish Cannabis’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms.
While accessing or using this Website, you agree to comply with all applicable laws, rules and regulations.
You further agree not to:
- mirror or frame any part of this Website without Fleurish Cannabis’s express prior written consent; or
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of this Website, without our express prior written consent.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity this Website or the Services. For example, Fleurish Cannabis may, without notice, temporarily suspend your, or any other party's, access to this Website (including the Services) if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Fleurish Cannabis may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
Prohibited Use of the Services and Products
You agree not to make any unlawful use of the Services or Products. In particular, but without limiting the generality of the foregoing, you acknowledge that the Services and Products are provided solely for the personal use of a Registered Client as identified on the immediate containers of the Products and other document accompanying delivery of the Products. You agree not to offer, provide, or make available, whether in exchange for compensation or not, the Services or any associated Products to anyone other than the Registered Client or Registered Clients associated with your Account.
Sale of Products
From time to time, we may make certain products available for sale through this Website ("Products"). We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations under, for example: (i) the federal Cannabis Act (the "Act"); (ii) the federal Cannabis Regulations; and (ii) any other applicable legislation.
Prices for the Products are subject to change, without notice. Unless otherwise indicated, prices displayed on this Website are quoted in Canadian dollars and do not include applicable taxes, duties or the cost of shipping.
At the time you place an order for Products, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. You must have been issued a valid credit/debit card by a bank acceptable to Fleurish Cannabis, and who have authorized Fleurish Cannabis to process a charge on their credit/debit card in the amount of the total purchase price for the Products.
Please note that all orders for Products are subject to acceptance and availability. As a result, we may not always be able to fulfill an order that you place with us. We may, in our sole discretion, limit or cancel the quantities offered on this Website or limit the sales of Product to any person, household, geographic region or jurisdiction, again subject to our regulatory obligations. Please note that items in your shopping basket are not reserved until payment is finalized and may be purchased by other customers.
While we try and ensure that all details, descriptions, storage status and prices which appear on this Website are accurate, we acknowledge that errors may occur. Fleurish Cannabis reserves the right to correct such errors. In the event of an error, Fleurish Cannabis is not obliged to provide such a Product even though you may have ordered the same. If payment has already been made for such a Product, Fleurish Cannabis will refund you as soon as possible.
We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.
If you purchase medical cannabis from us, you represent and warrant that you will only use such medical cannabis as prescribed by your doctor, and you will not resell or otherwise transfer such medical cannabis to any other person.
With respect to any cannabis purchased through the Services (“Cannabis Products”):
- Fleurish Cannabis ships Cannabis Products by secure courier in odourless packaging as is required under the the Act, as applicable; and
- all shipments shall be limited to Canadian addresses only: Fleurish Cannabis will not ship any Cannabis Products internationally.
In connection with any other Product purchased through the Services (“Non-Cannabis Products”), Fleurish Cannabis only ships such Products to addresses in Canada.
Title to any Products purchased by you and risk of loss shall pass onto you upon delivery of the Products to a shipper/carrier. Fleurish Cannabis cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered (customer address input error).
Packages returned to Fleurish Cannabis as unclaimed (not picked up at local postal outlet or from a private carrier including UPS, FedEx, etc.), refused (by addressee or provider), or packages returned due to incorrect address information (customer address input error) may be subject to a 20% restocking fee if returned in resalable condition, as well as additional deductions for the original shipping charges (or equivalent if shipping charges were included in the purchase price) and any return shipping charges.
Refunds or Exchanges
Fleurish stands behind the quality of the Products. If you are unsatisfied for any reason, please contact us at email@example.com to address your concerns.
In connection with any Cannabis Products:
- Fleurish Cannabis may, subject to any restrictions outlined in the Act or imposed by Fleurish Cannabis, accept returns and exchanges of Cannabis Products.
- All refunds and exchanges with respect to Cannabis Products will be done in accordance with the Act, as applicable.
- If you are not satisfied with any Cannabis Products and have reason to suspect it is defective, please contact us and we will do our best to make sure you are happy.
- If you wish to return or exchange a Cannabis Product due to any form of adverse reaction, we ask you to immediately contact Fleurish Cannabis and we will assist you in making necessary return arrangements.
With respect to Non-Cannabis Products:
- If you are not satisfied with a Non-Cannabis Products and have reason to suspect it is defective, please contact us and we will do our best to make sure you are happy.
- No returns or exchanges will be accepted: (i) after thirty (30) days from the date of purchase; or (ii) on any Non-Cannabis Product that is no longer in its original condition.
Payment of Fees
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our Site and services in a timely manner with a valid payment method. If your payment method fails or your account is 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.
Accuracy of Site Content
All Content, including but not limited to descriptions of processes to create derivatives, extractions, and other Products, or derivative products incorporating the Products, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site is regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Fleurish 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. Fleurish does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, which appears on the Site. Under no circumstances will Fleurish be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. By using the Site, you acknowledge and agree that Fleurish 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 should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.
Content and Intellectual Property Rights
© 2013 Fleurish or its suppliers. All rights reserved. The copyright for the content on this Site is owned or licensed by fleurishcannabis.com and is protected under the Copyright Act (Canada), through common law rights, and by other copyright laws in other countries. No material on this Site 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 Fleurish. Nothing on the Site, or 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 Fleurish or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.
The product names, company names and logos of Fleurish or any affiliate used on this Site may be trademarks, including registered trademarks of Fleurish. Such product names, company names and logos of Fleurish may not be copied, imitated or used, in whole or in part, without the prior written consent of Fleurish and any owners or other relevant parties relating to the trademarks. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights
The Products, the Services, or other of Fleurish’s methods and processes may be covered by one or more patents, other statutory intellectual property rights or non-statutory intellectual property rights held by Fleurish or a third party, and may be subject to trade secret and other proprietary rights. Fleurish and any applicable third parties reserve all such rights.
The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and Fleurish will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if Fleurish communicates such information to you at your request.
The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you and a function of the Site, not as an endorsement by Fleurish. Fleurish 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. Fleurish may receive payments or commissions from operators of linked websites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Site.
Fleurish generally encourages and agrees to your linking to the web pages on this Site through a plain text link or logo link on your website without the need for agreement between yourself and Fleurish, provided you otherwise comply with these Terms and Conditions.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimers, Indemnification and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLEURISH 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 USER OF THE PRODUCTS OR SERVICES, OR WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.
IF YOU CHOOSE TO USE THE SITE OR ANY FUNCTIONALITY OF THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND ANY FUNCTIONALITY OF THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FLEURISH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY LAW. FLEURISH MAKES NO WARRANTY THAT THE SITE OR ANY FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FLEURISH MAKES NO WARRANTY REGARDING THE QUALITY OF THE PRODUCT, THE SERVICES OR TOOLS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLEURISH OR THROUGH THE SITE, SERVICES OR TOOLS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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 SERVICES. YOU UNDERSTAND THAT FLEURISH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR SERVICES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLEURISH 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLEURISH 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 FLEURISH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
FROM TIME TO TIME, FLEURISH MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS 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 FLEURISH’S SOLE DISCRETION. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You agree to release, defend, indemnify, and hold Fleurish, including all affiliates and subsidiaries, and all officers, directors, employees and agents of Fleurish directly or any affiliate or subsidiary, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, or Products or your violation of these Terms and Conditions.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in the 12 months prior to the action giving rise to the liability to a maximum of $200.
Except as explicitly stated otherwise, legal notices shall be served to you to the email address you provide to Fleurish during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and Fleurish, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Fleurish agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes
For consumers in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. For all others: These Terms and Conditions shall be governed in all respects by the laws of the province of Ontario and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fleurish must be resolved exclusively by a provincial or federal court located in Ontario, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Ontario for the purpose of litigating all such claims or disputes.
The following policies, including all policies referenced in them, are part of these Terms and Conditions and provide additional terms and conditions related to specific services offered on our site:
When using a Service or otherwise accessing on our Site, you are subject to any posted policies or rules applicable to the Service you use through the Site and the Site more broadly, which may be posted from time to time. All such policies or rules are hereby incorporated into these Terms and Conditions.
Term and Termination
Fleurish’s mailing address is PO Box 597, KEMPTVILLE, ON K0G 1J0 Canada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. 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.
If you have any questions, comments or concerns about these Conditions, please contact the administration officer by email at firstname.lastname@example.org or by post at the address above with attention to the Administration Officer.