Services and Products Available through this Website
In addition to learning more about our products and services through our Website, we hope you will use this Website to interact with Wiisag Corporation (“Wiisag”) and other users of our products and services through our blogs and other forms of interactive media (“Enhanced Services”). In order to take advantage of these Enhanced Services, users need to register at our site (“Registered User(s)”) (see below). At the time of registration, users will be asked to generate a user name and a password.
All purchases through the Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities of products offered on our Website or limit or restrict the sales of our products or services to any person, household, geographic region or jurisdiction, subject to our regulatory obligations pursuant to the ACMPR. We do not provide products or services in respect of Quebec.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in Canadian dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations pursuant to the ACMPR. If Wiisag is of the view 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 use such medical cannabis only as prescribed by your doctor, and you will not re-sell or otherwise transfer such medical cannabis to any other person.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We will not be held responsible or liable for any failure to complete any orders, or any resulting harm, loss or damages to you.
You are required to register for an account with us, to be a Registered User, to make medical cannabis purchases through the Website.
When you register, you represent and warrant that you will:
(a) provide true, accurate, current and complete information as prompted by the registration functions on the 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 Registration 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 the Website and to refuse any and all current or future access use of the 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 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 access or use (whether authorized or unauthorized) of your account.
YOU MAY NOT COMPLETE THE REGISTRATION PROCESS FOR AN ACCOUNT WITHOUT AGREEING TO THESE TERMS.
The Website and the products and services are intended for use only by adult residents of Canada (other than Quebec). If you are not normally resident in Canada or have not yet obtained the age of majority in the province from which you are accessing this Website, you are prohibited from accessing and using this Website and its products and services. Minors are not allowed to register or otherwise access or use the Website.
By registering and/or using the products and services, you represent, warrant and acknowledge:
(i) that you are ordinarily a resident in Canada;
(ii) that you are not a minor – that is, you have reached both the age of majority applicable in the jurisdiction from which you are accessing the Website and, in any case, no fewer than eighteen years of age;
(iii) that you are not aware of any reason why your use of the products and/or services would violate any applicable laws; and
(iv) that some aspects of the products or services are or may be regulated under the ACMPR and other applicable laws.
To access certain of the products and/or services, either you or an individual for whom you are at law responsible must register with Wiisag as an eligible user within the meaning of the ACMPR. You hereby agree:
(i) to provide all information and original versions of such documentation as Wiisag may require for this purpose (collectively, the “Application”);
(ii) that you will provide all required documents from your physician or healthcare practitioner and permit the verification of such documents and such physician/practitioner by Wiisag;
(iii) that you will provide any registration certificate issued to you under ACMPR;
(iv) that the ACMPR Registration is at all times subject to the requirements of the ACMPR;
(v) that Wiisag may refuse, cancel or terminate the ACMPR Registration at any time if Wiisag is of the view in its absolute discretion that:
(a) any false or misleading information or documentation has been submitted in or with an Application or a request to amend a registration; or
(b) you are otherwise ineligible to be registered for any reason;
(vi) you are otherwise ineligible to be registered for any reason;
The Application may include additional terms and conditions which will apply to certain of your products or services. In the event of any conflict between those terms and conditions and these Terms, those terms and conditions shall prevail.
Regardless of whether you are a visitor to this site, a casual user or a Registered User, by using the Website, you are representing to Wiisag that:
- You will not use the Website for any unlawful purpose.
- You understand and agree that Wiisag may discontinue or change the Website, the services and the Enhanced Services.
- You also understand and agree that Wiisag may discontinue or restrict your access or use of this Website for any reason.
- You are familiar with and agree to abide by these Terms, including any updates or changes to these Terms.
Ordering of Products
Wiisag may, in its absolute discretion, limit or cancel any quantities of the products offered on the Website as well as the sales of products or provision of Services to any client, person, household, geographic region or jurisdiction.
The ACMPR provides order quantity limits for regulated cannabis products.
As per the ACMPR, you may order up to a 30-day supply with no more than 150 grams per order. Registered patients may order as many times as they like without exceeding their 30-day limit.
For example, if your doctor authorizes 2 grams/day on your medical document, then your 30-day limit would be 60 grams (2 grams x 30 days). Registered patients may order the entire amount, or split it into separate, smaller orders throughout the 30 days. Patients with prescriptions greater than 5 grams per day will need to order multiple times within the 30-days due to the 150-gram maximum per shipment.
No single order may exceed 150 grams. Wiisag will refuse any order exceeding these limits.
If you wish to purchase any product or service made available through the Website (an “Order”) you may do so using those methods of payments acceptable to Wiisag (“method”) including credit card, money transfer, bank draft and electronic funds transfer. You may be asked to supply the required information for the method relevant to your Order such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to Wiisag is true, correct and complete. By submitting such information, you grant Wiisag the right to provide the information to third parties for purposes of facilitating the completion of the Order.
Wiisag reserves the right to refuse or cancel your Order at any time for certain reasons including any error in your Order, non-payment for the Order or other reasons.
Wiisag is under no obligation to seek pre-approval from any public or private insurer or similar entity to invoice such entity on your behalf for any covered products or services, but may elect to do so at its absolute discretion upon your request.
At your request, Wiisag shall ship your order by Canada Post or by secure courier as is permitted under the ACMPR. All shipments will be odourless and will contain no indication of the contents or origin of the parcel.
All products will be shipped by courier to the shipping address associated with the Account. No products will be shipped outside of Canada.
For any specific questions on shipping or other information, please contact our Client Services Team at email@example.com
Return and Exchange Policy
Any refunds and exchanges of cannabis will be done in accordance with the ACMPR. Subject to any restrictions outlined in the ACMPR, Wiisag may, in its sole discretion, accept returns and exchanges of its products only:
(i) for reason of any defect of the products; and
(ii) due to any form of adverse reaction to the products by you
We will do our best to address your concerns. Any returns and exchanges of any nature are in the sole discretion of Wiisag.
Any refunds and exchanges of any non-medicinal products will be at Wiisag’s sole discretion. To complete any refunds or exchanges, Wiisag will require a receipt or proof of purchase.
No Medical Advice
Any information provided on the Website on cannabis including medical marijuana, information regarding different strains and types of medical cannabis and their potential suitability for treating and/or dealing with different diagnoses of any nature is provided as general information. Such information is not intended to be medical advice or diagnosis nor is it intended to replace the need to consult a health care provider/professional. Wiisag provides such information for informational purposes only and for discussion between patients and their health care providers/professionals who are and will be responsible for any advice or diagnosis and/or have or shall make any decisions regarding treatment including for any medical marijuana. In the event of a medical emergency, call your doctor or 911 immediately.
Copyrights and Trademarks
The entire content of this Website, including, but not limited to, text, graphics, logos, icons, images, audio clips, interfaces, software and the compilation of these elements is the property of Wiisag, our affiliates, partners or licensors, and is protected by Canadian, United States and International copyright and other intellectual property laws.
You may access and use this Website for personal use only. You may retrieve and display content from this Website on a computer screen, download and print individual pages, and store such pages in electronic form for your own personal, non-commercial use. You may not use, reproduce or distribute all or any portion of this Website publicly or for any commercial purpose, and you may not modify any of the content of this Website.
The trademarks, trade dress, logos, and services marks displayed on this Website are the registered and unregistered trademarks of Wiisag, our affiliates, partners or licensors, in Canada, the United States and other countries, and are protected by Canada, United States and International trademark laws. There may be other trademarks displayed on this Website that are owned by unaffiliated trademark owners. Other than as may be described on our Website, no association, affiliation or sponsorship relationship between Wiisag and any such third party is either intended or implied by the presence of these third-party trademarks on our Website.
During your use of the Website, you may have opportunities to take advantage of various Enhanced Services, including the ability to upload content, post messages and communicate with other users. You grant Wiisag a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, translate, transmit, create derivative works from, distribute, and sub-license any information or material you post or communicate to or through the site, including any discussion area postings, e-mails, or blog comments, in any medium now in existence or hereafter developed, for any purpose, including commercial and promotional purposes. You agree that Wiisag may use your name, image, comments, photographs or any other material posted to or communicated through the Website to promote Wiisag’s products without your prior approval, and without any compensation to you and you hereby waive any right or claim relating to said use of your name, image or content.
No Warranties or Representations
Wiisag makes no guarantees, representations or warranties of any kind in respect of the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. The access and use of the Website is at your sole risk and you assume full responsibility for any costs or losses associated with your access and use of our Website. Wiisag will not be liable for any damages of any kind related to the access and use of the Website.
In no event will Wiisag, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your access or use of, or the inability to access or use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations shall apply even if Wiisag is advised of the possibility of such damages.
Wiisag does not warrant that the product descriptions or that any other content on this Website is accurate, complete, reliable, current, or error-free, or that access or use of the Website will be uninterrupted or secure. To the fullest extent permissible pursuant to applicable law, Wiisag disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, title and non-infringement. Wiisag is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence or strict liability, in connection with the Website, the Website content, or the products promoted or sold on the Website, even if advised of the possibility of such damages.
Wiisag does not endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements posted by users of the Website in any discussion area, blog or elsewhere on the Website. Any comments or other material posted by users on the Website express the views of, and are the responsibility of, those users and do not necessarily represent the view of Wiisag.
Individual non-commercial users may create a hyperlink to the home page of this Website for personal, non-commercial use only. A website that links to our Website may not (i) create a frame or any other browser or border environment around the content of this site; (ii) imply that we are endorsing or are affiliated with such a site or its services or products; (iii) replicate the content of our Website; (iv) contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) portray our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) link to any page of the Website other than the home page or (vii) otherwise violate any applicable law or regulation. We may in our sole discretion, require that you remove any link to this Website.
For the convenience of users, this Website may contain links to other websites that are owned and operated by other or unrelated parties. We have no control over or responsibility or liability for the content of these websites or for the policies or practices of their owners or operators. Links do not imply that Wiisag sponsors, endorses, is affiliated or associated with any such websites.
Member Account, Password and Security
In order to use our Enhanced Services, you must register with this Website and select a password and user name. For security reasons your password must not be disclosed to any other person. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under your password and user name. You agree to: (a) immediately notify Wiisag of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wiisag cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the Terms.
You are responsible for your use of this Website and for your conduct while on the site, including use of any Enhanced Services offered through this Website including any chat room, blog or other feature. While using this Website and any Enhanced Services, you agree not to use any language that is obscene, indecent or offensive in any postings, e-mails, blog comments, or discussions. You also agree not to place any material that is false, defamatory, abusive, threatening, obscene, controversial or that constitutes harassment. The same requirements apply to any photographs, digital images or other graphic works (drawings, etc.) you post. Breach of these obligations may result in termination of your access to the Website and access to any Enhanced Services.
Users are prohibited from placing on the Website any material that is encrypted, and from using any robot, spider, or other automatic device or manual process to monitor or copy any content from, or interfere with the proper operation of the Website or the Enhanced Services. Users may not use the Website or the Enhanced Services to create or send any commercial email, junk mail or unauthorized advertising. Furthermore, users may not engage in conduct that interferes with any other user’s use or enjoyment of the Website, invades another’s privacy, encourages actions that would be considered a criminal offense or gives rise to civil liability, or that otherwise violate any applicable law or regulation. You may not interfere in any way with Wiisag’s servers. You agree to use this site solely for lawful purposes and you acknowledge that your failure to do so may result in termination of your access to the site and may subject you to civil and criminal liability.
Copyright Complaint Policy
Wiisag expects the users of this Website to respect the copyrights of others. It is a violation of these Terms for a user to post material that infringes the copyrights of others. As well, you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website.
Wiisag may, under appropriate circumstances and in accordance with these Terms, terminate the accounts of users who post material that Wiisag has reason to believe infringes on the copyrights of others.
If you believe that material on the Website infringes a copyright, you may provide written notice to us containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information listed above, or we may not able to process your complaint.
Send your notification of claimed infringement to Wiisag for copyright complaints as follows: firstname.lastname@example.org
Wiisag may, at its discretion, terminate the access of any user who violates the conditions stated in these Terms, including but not limited to, the posting of prohibited content, conducting any activity while on the site that violates any law or legal obligation of the user, interfering with Wiisag’s server, violating any copyright or other right of any third party.
Wiisag reserves the right to review, edit, move, or delete any material posted by users on the Website, in its sole discretion, that violates these Terms, including, but not limited to, language that is obscene, offensive, threatening, abusive, harassing, controversial, that incites criminal activity, that consists of unauthorized advertising, or that violates any copyright, trademark or other right of any third party. Wiisag may, but is not required to, restrict or remove submitted photos or digital images that it deems inappropriate.
Privacy of Posted Material
Postings to discussion areas and blogs are not private. All content submissions to such areas on the Website are made at the risk of the person making the submission. Any information you include in a message you post to any message board, discussion group, or other public posting area on the Website is available to anyone with internet access. Please take any necessary precautions to protect your personal information. For example, if you do not want people to know your name, e-mail address, contact information, personal information or facts, make sure not to include that information in any message you post publicly.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIISAG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WIISAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, THE PRODUCTS OR THE SERVICES WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and Wiisag’s liability will be limited to the maximum extent permitted by law.
You hereby release Wiisag and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, the products and/or the services including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Website or any Wiisag products or services.