Last updated March 9, 2017
1. ACCESS AND USE TERMS
167151 Canada Inc. d/b/a “The Hydropothecary” (collectively, “THC”), is a licensed producer under Canada’s Marihuana for Medical Purposes Regulation. ww.thehydropothecary.com (the “Site”) is owned by THC.
By using the Site and also by registering on the Site, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND DO NOT COMPLETE THE REGISTRATION PROCESS.
Use of Site
Only residents of Canada that are not minors may use the Site, including the Services and Products made available through the Site. 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 not ordinarily resident in Canada or a minor, you are not permitted to access or use the Site.
THC makes no representation that the Site or the Services or Products are appropriate or available for use in all locations, and accessing the Site from and/or using the Services or Products in jurisdictions where the Site or the Services or Products are illegal is prohibited. If you choose to access the Site and/or use the Services or Products from a location outside of Canada, you are responsible for compliance with applicable local laws.
You may view and print out webpages from the Site for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without THC’s prior consent. Except as expressly permitted by THC, you may not use the Site or any Content for commercial purposes.
You may not use the Site, including any webpages, text, images, sounds, software, and other data or information contained on the Site (the "Content"), for any unlawful purpose. In particular, you may not: (a) use this Site in any manner which could damage, disable, overburden or impair this Site; (b) interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (c) disrupt or interfere with any other person’s use and enjoyment of this Site or affiliated or linked sites; (d) upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; (e) use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; and (f) attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
You may not use any of our Services or Products for any unlawful purpose.
Registration and Password
During the registration process for your Account, you are required to create a password, and user identification (a "User ID"). Your password and User ID will identify you and associate you with a specific Account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify THC of any unauthorized use of your Account or any other breach of security; and (b) ensure that you log out from your Account at the end of each session. You agree that you are responsible for all activities performed using your Account and that THC has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with these Terms.
Not Medical Advice
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.
Prior to undertaking any particular treatment option, including those made available through the Site, you must consult a physician or other qualified health care practitioner.
Any Content that may be available on or through the Site is intended for general information purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice because of something you read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately.
THE SITE, CONTENT AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THC IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, INCLUDING ARISING OUT OF OR IN CONNECTION WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.
No Representations of Suitability or Effectiveness
All Products are sold only for use by Registered Clients (defined below). To the extent permitted by applicable law, THC makes no representations, warranties or conditions regarding the suitability or effectiveness of the Products for any purpose.
2. ACMPR TERMS
Services and Products
THC, through its wholly owned subsidiary, is a licensed producer under the Marihuana for Medical Purposes Regulations (Canada) (the "ACMPR") and certain of the Services and Products made available by THC through the Site are subject to the ACMPR and other applicable laws (respectively, the "Regulated Services" and "Regulated Products").
By registering an Account and using the Site, you represent and warrant to THC that you are not aware of any reason why your use of the Regulated Services or Regulated Products would violate any applicable laws.
You acknowledge and agree that the Regulated Services and Regulated Products are provided solely for the personal use by a Registered Client. You agree not to offer, provide, or make available, whether in exchange for compensation or not, the Regulated Services or Regulated Products to anyone other than the Registered Client or Clients associated with your Account.
Without limiting the generality of the foregoing, some aspects of the Services may be restricted to qualified Health Care Practitioners, as defined in the ACMPR (the "Health Care Provider Services"). If, and to the extent that, you request or register for Health Care Provider Services, you represent and warrant that you satisfy all applicable legal requirements. In particular, you represent and warrant that you are not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.
THC reserves the right to confirm your compliance with any or all of the foregoing representations and warranties.
Registration under the ACMPR
In order to offer the Regulated Services or Regulated Products to you, THC must register either you or an individual for whom you are responsible as an eligible client (the "Registered Client"), within the meaning of the ACMPR (the "ACMPR Registration"). You agree to provide all information and original copies of such documentation as THC may require for this purpose (collectively, the "Application"). You agree that the ACMPR Registration is at all times subject to the requirements of the ACMPR, as may be amended from time to time. You further agree that THC may refuse, cancel or terminate the ACMPR Registration at any time if, at its sole discretion, THC believes 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. You agree that THC has no liability whatsoever for any loss, liability, or damage arising from any refused, canceled or terminated ACMPR Registration.
The Application may include additional terms and conditions which will apply to the Regulated Services and Regulated Products (the "Regulated Terms"). You agree that your access to or use of any Regulated Services and Regulated Products is subject to the Regulated Terms. In the event of any conflict between the Regulated Terms and these Terms, the Regulated Terms shall control with respect to the Regulated Services and Regulated Products.
3. COMMERCIAL TERMS
Sale of Products
THC reserves the right, in its sole discretion, to refuse orders including, without limitation, for failure to comply with the terms of the applicable ACMPR Registration. If we believe that you have made a false or fraudulent order, THC will be entitled to cancel the order and inform the relevant authorities.
Prices for all Products are subject to change, without notice. Applicable sales taxes and shipping fees will be added prior to purchase.
At your request, THC may, but will not be obliged to, seek pre-approval from any insurer or other similar entity, whether private or public, (an "Insurer") to invoice the Insurer on your behalf for covered Product or Services. If such pre-approval is granted, THC may, at its discretion, directly invoice the Insurer for a claim on your behalf for all or part of the cost (the "Covered Amount") of any Product or Service you order (a "Claim"), as authorized by, and subject to any limitations imposed by, the Insurer. You agree that THC will be entitled to disclose information to the Insurer as reasonably required to obtain such pre-approval or to process any Claim on your behalf, at your direction.
If the Covered Amount is less than the full price of the Products or Services you order, you will be required to pay the balance at the time of purchase. You agree that you are at all times fully liable for the costs of any Products or Services you purchase. If any Claim is not reimbursed in full by the Insurer, THC will be entitled to collect any unpaid balance from you including by charging the unpaid amount to any credit card associated with your Account without further notice to you.
3. GENERAL LEGAL TERMS
THC stands behind the quality of the Products that it sells. If you are unsatisfied for any reason, please contact us at email@example.com to address your concerns.
Violation of Terms
Accuracy of Content
All Content, including but not limited to descriptions of processes to create derivatives, extractions, and other recipes derived from or 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. THC assumes no liability or responsibility for any such errors, omissions or inaccuracies and make no representations about the accuracy, reliability, completeness, or timeliness of the Content. THC 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, that appears on the Site. Under no circumstances will THC or its affiliates 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 THC 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.
Copyright. The Site, including all Content used or accessible through this Web site other than User Content, as defined below in Section 13, are: © 2013 THC or its suppliers. All rights reserved. The Site, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Site and Content. Nothing on the Site, or your use of the Products or Services, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary rights of THC, its affiliates or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.
Trademarks. The product names, company names and logos of THC or any affiliate used on this Web site may be trademarks, including registered trademarks of THC or an affiliate. Such product names, company names and logos of THC and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of THC or such affiliate. Other product and company names mentioned on this Web site may be the trademarks of their respective owners.
Reservation of Rights. THC and its affiliates’ products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. THC and its affiliates reserve all such rights.
Content Posted by You
You agree you are and shall remain solely responsible for the contents of any submissions you make (the "User Content"), and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
THC reserves the right to make changes to these Terms, effective when posted, and the right to change any aspect of the Site including the right to refuse or remove any of the Content, whatever the source, at any time without any notice or liability to you.
THC PROVIDES THE SITE AND THE CONTENT ON AN "AS IS", "WITHOUT ANY WARRANTY", AND "WITHOUT ANY LIABILITY" BASIS. THC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AS PROVIDED ON THE SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND TIMELINESS OF ANY PRODUCT OR SERVICE. THC DOES NOT WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, AND ANY COMMUNICATIONS FROM THC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THC 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 THC 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 THC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
FROM TIME TO TIME, THC MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT ON THE SERVICES. 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 THC’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.
Limit on Damages and Claims
THE TOTAL LIABILITY OF THC TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES OR THE PRODUCTS IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR PRODUCTS WITH RESPECT TO SUCH CLAIM; OR (B) ONE-HUNDRED DOLLARS ($100.00). NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF THC TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES OR THE PRODUCTS IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS; OR (II) ONE-HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS MAY NOT APPLY TO YOU. TO THE EXTENT THAT THC MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless THC, and its affiliates, officers, directors, employees, agents, independent contractors, and other partners, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or Services, (b) your User Content, (c) your violation of any of these Terms or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules, or regulations. THC reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with THC in asserting any available defences.
Links to Third Party Sites
The Site may contain links to third party websites. Because THC has no control over such sites, you understand and agree that THC is not responsible for the availability of such sites and that THC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources ("Third Party Content"). You further acknowledge and agree that THC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.
Governing Law, Venue, and Jurisdiction
These Terms and your use of the Site and the Services shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any applicable federal laws of Canada, excluding the rules of private international law that lead to the application of the laws of any other jurisdiction. The courts of Ontario shall have the exclusive jurisdiction to hear any matter arising in connection with these Terms. You hereby attorn to the jurisdiction of the courts of Ontario for that purpose.
Nothing in these Terms will prevent THC from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and THC will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if THC communicates such information to you at your request.
Terms and Termination
These Terms will become effective upon your acceptance of these Terms by your use of the Site or the Services, or by registering an Account, and will remain in full force and effect unless and until terminated hereunder.
Notwithstanding any other provision of these Terms, THC reserves the right to terminate any Account or limit or deny your access to the Site and/or participation in any Services or access to any Products offered by THC at its sole discretion and to remove any inappropriate content that you submit to the Site at any time without notice to you. However, if feasible, THC will use commercially reasonable efforts to provide you with notice of termination.
Unless otherwise indicated, all references to currency in these Terms or on the Site are to the lawful money of Canada.
The terms, conditions, and warranties contained in these Terms that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation, or termination of these Terms.