Our lawyers made us say this.
THE FLOWR CORPORATION
TERMS OF SERVICE
PLEASE READ THIS DOCUMENT CAREFULLY.
IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.
This is a legal agreement between The Flowr Corporation (together with its subsidiaries “we,” “us” or “Flowr”) of Unit A, 9590 McCarthy Road, Kelowna, B.C., V4V 1S5 and the person named on the registration form that was submitted to Flowr before you accepted this agreement (“you” or the “Member”) regarding your use of the Flowr website, which is currently located at www.flowr.ca (the “Site”) and the products and services described below. We suggest you print and save a copy of these terms for your records. If you do not accept these terms, you must not use the Site or Flowr’s services.
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
1. Products and Services. You must accurately complete and submit to us a registration form on the Site, open an account with us on the Site, and have your registration accepted by us before you purchase any of our products (“Products”) or use any of the services on the Site (the “Services”). We may change the Products and Services at any time in our sole discretion. We may use third parties to provide some or all of the Products and Services. The Services may be provided using servers and other equipment located in any country including Canada, the United States and elsewhere.
2. Product Risks; No Medical Advice. According to Health Canada, use of the Products involves health risks, as described further here. We do not provide any medical advice whatsoever. You agree that you are not relying on us for any such advice, and you will seek that advice from a qualified medical professional before using any of our Products or Services. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTIVENESS OR SUITABILITY OF THE PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR PERSONAL INJURY, DEATH OR DAMAGE CAUSED BY YOUR CHOSEN COURSE OF TREATMENT OR YOUR USE OF THE PRODUCTS OR SERVICES, AND WE DISCLAIM ALL SUCH LIABILITY EXCEPT TO THE EXTENT PROHIBITED BY LAW.
3. Your Representations and Warranties. You represent and warrant to us that:
(a) you are an individual who can form a legally binding contract at law;
(b) you are a resident of Canada;
(c) you are the greater of 18 years old and of the age of majority in the jurisdiction where you reside;
(d) you are lawfully permitted in Canada to purchase the Products and access the Services; and
(e) all information you provide to us under this agreement and in connection with your account opening, registration and purchases is and always will be complete and accurate.
Without limiting our other remedies, we may reject your registration or later terminate your account at any time in our sole discretion if we believe any of your representations or warranties is or has become untrue.
4. Registration. Prior to accepting your registration, we may request various documentation and information from you to determine your eligibility for registration. You must provide that documentation and information to us, and you hereby authorize us to contact your health provider, government regulators and other third parties as necessary to verify your information and your eligibility to purchase our Products.
5. Account, User Name and Password.
(a) You may establish only one account on the Site.
(b) You will be given a client ID or user name by the Site. If we permit you to select your own user name, then you must not use a user name that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We can modify user names as we see fit.
(c) You must keep your password secure and confidential.
(d) You are the only one who may access and use your user name, password and account. You must not allow anyone else to access or use your user name, password or account. You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by emailing <email address>.
(e) You must log off after you use the Site and the Services.
6. Products and Services. You may only use the Products and Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Products or Services to any third party. We may refuse any order for Products or Services in our sole discretion, and may report any suspected unlawful orders to law enforcement and regulatory agencies. Quantities of orders for Products may also be limited as required by law or as otherwise determined in our sole discretion.
7. Payment. You will pay us the prices posted on the Site for those Products and Services from time-to-time plus all applicable taxes. We may change the fees from time-to-time.
8. Payment Options. You may pay us through the payment options we make available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors used to make your purchases, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If we allow you to pay us via credit card, then you authorize us to charge all amounts to the credit card number you provide to Flowr. If your credit card payment is rejected or refused you will immediately pay us the amount due and provide us with an alternative credit card number for future payments. You represent and warrant to us that each credit card you use to pay us belongs to you and you have the right to charge all such payments on the credit card(s). All payments, regardless of how they were made, are non-refundable.
9. Interest. You will pay Flowr simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
10. Delivery. Orders will be fulfilled and delivered as stated on the Site from time to time. Orders that are undeliverable or unclaimed will be destroyed, and no refunds or credits will be provided.
11. Returns. ALL SALES ARE FINAL. We do not accept returns or exchanges of any Products, except in accordance with any return policies that may be posted on the Site from time to time, or as otherwise required by law.
12. Rules. Whenever you access, use or otherwise deal with the Products and Services, you must comply with all applicable laws, and all acceptable-use policies and other policies implemented by us with respect to the the Site or the Services from time-to-time, as posted on the Site.
13. Your Privacy and Communications Consent. We and our representatives will collect personal information about you including your name, contact information, birth date, gender, numerical identifiers, personal preferences and other information. You acknowledge that we and our representatives may use your personal information for the following purposes:
(a) to allow us to communicate with you (including through the use of commercial electronic messages), manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Site users,
(b) if you check the applicable box(es) in the registration form, to provide you with our newsletter and with information about our services,
(c) to customize the advertising and content that is presented to you on the Site,
(d) to contact you regarding any orders you place through the Site, and to help process, deliver and take payment for those orders,
(e) to verify your personal information, and
YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.
14. Ownership. As between you and Flowr, Flowr or third parties solely own the following (the “Flowr Property”):
(a) all content on the Site or provided through the Services, including all text. photos, videos, templates, and other content provided by Flowr (collectively, the “Flowr Content”) and all intellectual property rights in the Flowr Content; and
(b) all tools, hardware and software used to provide the Services (collectively, the “Flowr Tools”);
(c) the graphical design of the Site, the the Site user interface and the look and feel of the Site and the the Site user interface; and
(d) the names, logos and trade-marks of Flowr on the Site.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the Flowr Property except as explicitly permitted by us.
15. Use of the Services and Site. You must not:
(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Flowr Property or the Services;
(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
(i) be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
(ii) violate any law including intellectual property, privacy or other laws;
(iii) impersonate any person;
(iv) give rise to civil or other liability; or
(v) relate to illegal drugs, weapons, gambling or other illegal activities;
(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the Services to do or attempt to do any of the following without Flowr’s prior written permission:
(i) send spam or other bulk messages;
(ii) gain unauthorized access to any data, network or system;
(iii) conduct or promote any commercial activity;
(v) refer to any competitor of Flowr or any service that is similar to or competitive with the Site;
(vi) monitor data or traffic on any network or system;
(vii) obtain an email address, user name or other information about a third party without their consent;
(viii) use any misleading, false or deceptive TCP/IP header information in any email or posting; or
(ix) conduct or instigate any denial of service attack against Flowr’s website or network, or any third party’s website or network;
(e) improperly make complaints or false reports on the Site;
(f) artificially inflate or alter ratings, views or statistics on the Site;
(g) falsify any data or information available on the Site;
(h) delete or modify any copyright or other intellectual property notices on the Site;
(i) sell or transfer your the Site account, or allow any third party to access or use it;
(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third party hardware/software or services;
(k) interfere with the Services or any third party’s use of the Site or the Services;
(l) resell any of the Services or allow any third party to use or access the Site, Services or Products without Flowr’s prior written consent; or
(m) authorize or encourage any third party to do any of the above.
16. Remedies. In addition to any other available remedies, upon breach of any of your obligations under this Agreement we may suspend or terminate the Services and your the Site account.
17. Advertising. Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third party advertiser or brand that may be promoted on or linked to the Site.
18. Your Responsibilities. You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. Flowr will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
19. Interruptions/Errors. Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
20. Modifications. From time to time, Flowr may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
21. Inactive and Abandoned Accounts. If you do not log into your account for any period of at least 90 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
22. Termination. Without prejudice to any of our rights at law or equity, Flowr may terminate your access to the Site and the Services with no prior notice if you fail to make a payment to Flowr as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Flowr may also terminate or suspend any or all of the Services at any time without prior notice.
23. Termination by you. You may terminate your the Site account at any time. To do so, log into your account, go to the <Edit Profile> page, click the <Delete Account> link and follow the on-screen instructions. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
(a) this agreement or our enforcement of it;
(b) the Site, the Flowr Content, the Flowr Tools or the Services; and
(c) the amount, type or payment of fees in connection with the Site or the Services.
24. Effect of Termination. Upon termination of your account or this agreement:
(a) you will immediately cease all use of the Site, the Flowr Content, the Flowr Tools and the Services;
(b) you will have no further access to your account or anything associated with it;
(c) you will not receive any refunds for fees you paid under this agreement;
(d) you will immediately pay Flowr all amounts owing under this agreement; and
(e) sections 2, 3, 9-14, 24, 28 – 31, and 33 will survive termination.
25. Contests. We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
26. Links from the Site. The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to Flowr. All links are provided for your convenience only; they are not an endorsement or referral by us.
27. Links to the Site. You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
(a) link must resolve to the homepage, “flowr.ca”;
(b) the link must comply with the Site’s other policies regarding content;
(c) the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the the Site content;
(d) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
(e) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
28. Disclaimer. EXCEPT AS OTHERWISE REQUIRED BY LAW, the Site, THE Flowr Content, THE Flowr Tools, THE PRODUCTS AND THE Services ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND Flowr DISCLAIMS all TERMS, conditions, GUARANTEES, representations and warranties (express, implied, statutory AND otherwise), in respect OF the Site, THE Flowr Content, THE Flowr Tools, THE PRODUCTS AND THE Services, including THOSE of merchantability, NON-INFRINGEMENT, title, quality And fitness for a particular purpose.
29. Limitation of Liability. YOU USE the Site, THE Flowr Content, THE Flowr Tools, THE PRODUCTS AND THE Services AT YOUR OWN RISK. EXCEPT AS REQUIRED BY LAW, Flowr WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, the Site, THE Flowr Content, THE Flowr Tools, THE PRODUCTS AND THE Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, Flowr WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH the Site, THE Flowr Content, THE Flowr Tools, THE PRODUCTS OR THE Services.
30. Maximum Liability. IF, DESPITE THE ABOVE LIMITATIONS, Flowr BECOMES LIABLE TO YOU IN RESPECT OF the Site, THE Flowr Content, THE Flowr Tools, THE PRODUCTS OR THE Services, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO CDN$500, EXCEPT AS OTHERWISE REQUIRED BY LAW.
31. Indemnity. YOU WILL INDEMNIFY Flowr AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
(a) YOUR USE OF the Site, THE Flowr Content, THE Flowr Tools, THE PRODUCTS OR THE Services; OR
(b) THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
(c) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
32. Modifications to this Agreement. From time to time in our sole discretion we may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days. If any change is not acceptable to you, your only recourse is to terminate your account.
33. Governing law. This Agreement will be governed by the laws in effect in British Columbia, Canada. You attorn to the exclusive jurisdiction of the British Columbia courts; however, you or Flowr may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
34. Language. The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux présentes ont expressément convenu que ce accord et toute autre convention, document ou avis y afférent soient rédigés en anglais seulement.
35. General. No delay or failure to act by us regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site, the Products and the Services, and constitutes the whole agreement with respect to the Site, the Products and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. We may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. We will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.
BY CLICKING ON THE FOLLOWING “ I ACCEPT THE TERMS AND CONDITIONS” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY IT.