Terms of Service

INTRODUCTION

This website is owned and operated by Muskoka Grown Ltd (“Muskoka Grown”). These Terms of Service (“Terms”) apply to all users of the Website, including users who upload any materials to the Website, users who use services provided through this website, and users who simply view the content on or available through this Website (“you”/”user”).

Throughout the Website, the terms “we”, “us” and “our” refer to Muskoka Grown. We provide this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including the Privacy Policy and the Social Media Policy.

By using this Website and/or our Services, you indicate your acceptance of these Terms. If you do not accept these Terms, then do not use this Website or any of its content [ or Services]. These Terms may be amended or updated by Muskoka Grown from time to time without notice and the Terms may have changed since your last visit to this Website. Please review these Terms for any changes. Your use after any amendments of these Terms signify your acceptance of such amended Terms.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations pursuant to the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”), the Cannabis Act (the “Act”), and any other applicable federal or provincial legislation. We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website and/or the products and services provided through the Website at any time, without notice. We may impose additional limits on your use of our Website. You agree to review these Terms regularly for any changes and your continued access or use of our Website means that you agree to the changes.

You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of our Website or for any [S/service], content, feature or product offered through our Website.

SECTION 1 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for your information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. You may want to consult a medical professional.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 2 - MODIFICATIONS TO THE SERVICE AND PRICES

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 at any time to modify or discontinue the Website or any Service (or any type of s/Service) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, including the cost of shipping.

We only ship to individuals within Canada who are 19 years or older, or are at least the relevant age of majority in their province of residence.

SECTION 3 - PRODUCTS OR SERVICES

All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region or jurisdiction, subject to our regulatory obligations.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or S/services that we offer. We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or S/service made on this Website is void where prohibited.

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 that you will not resell or otherwise transfer or give the medical cannabis to any other person.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the product and/or s/Service, violate any laws in your province or territory.

SECTION 4 - THIRD-PARTY LINKS

Certain content, products and services available via our Website may include materials or links from or to third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's privacy policies and terms of service and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to us.

SECTION 5 - PERSONAL INFORMATION

Please see our Privacy Policy to learn about how we collect, use, and disclose your personal information.

SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. Please also see our Social Media Policy when engaging on our social media platforms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Our Website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Please review the Website carefully. If you have medical-related questions, please consult with your doctor.

We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law.

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or local laws, regulations, or rules; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website and/or s/Service or any related website for violating any of the prohibited uses.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You assume all responsibility, liability and risk with respect to your use of our Website and any information and materials contained on the Website, which is provided "as is" without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.

The use of our Website or s/Services is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.

In no event will we, 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 use of, or the inability to 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 we are advised of the possibility of such damages.

SECTION 10 - INDEMNIFICATION

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Website including in connection with any products offered through our Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website or s/Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website or s/Services (or any part thereof).

SECTION 13 - ENTIRE AGREEMENT

These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

SECTION 14 - GOVERNING LAW

Any disputes arising out of or relating to the Terms, the Privacy Policy, Social Media Guidelines, use of our Website, or our products or s/Services offered on our Website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Website must be brought before the courts of the Province of Ontario in the City of Bracebridge, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the s/Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms should be sent to us at privacy@muskokagrown.com

Social Media Policy

Muskoka Grown Ltd maintains pages and accounts with a number of social media platforms, including Facebook, Instagram and Twitter. We use these different channels to provide updates on our news, events and industry information.

Each of the social media platforms that we participate on (FacebookTwitterInstagram) have their own guidelines and terms and conditions, and how you interact with us is guided by this Social Media Policy and by the guidelines and terms and conditions of those social media platforms. We reserve the right to remove any content/user that violates this Social Media Policy or the guidelines or terms and conditions set out by those social media platforms.

Muskoka Grown’s pages and accounts are monitored periodically to ensure that conversations and posts remain positive and educational for all. However, we are not responsible for individual users or the content they post on our pages and accounts – including the accuracy of their statements. We may not review all content posted on our pages or accounts. If you find any of the content on our pages or accounts harmful, threatening, or abusive, please let us or the social media platform know immediately.

Please be aware that posts to social media platforms are public, and while we will always try our best to help you, Muskoka Grown has no way to control or protect information once you post it. Please review our Privacy Policy and those of each social media platform and consider updating your privacy settings before posting online. Your personal information and comments will be viewable by others. Our community is very important to us, and we want everyone to feel welcome and respected, so we will remove any posts that, in our sole opinion, we deem to be:

·      unlawful, untrue, harassing, defamatory, offensive or violent in any way, abusive, harmful, obscene, profane, sexually oriented or discriminatory based on race, ethnicity, age, religion, gender, sexual orientation or any other forms of discrimination;

·      false, mislead or defamatory content related to, or including, Muskoka Grown’s name, or posting/forwarding any links;

·      in violation of our Privacy Policy, our Terms of Service, or this Social Media Policy; or

·      advertising other products or services.

By posting or sharing any material to our pages or accounts, or by tagging us in content, you grant Muskoka Grown the right to use and distribute such content in any and all media or distribution methods.

Contact Details:

We strive to respond to all inquiries through our social media platforms in a timely manner, but if this matter is urgent please feel free to contact us by email at privacy@muskokagrown.com.

If you have a medical emergency, please contact your medial professional or dial 911.