TERMS & CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND/OR ANY SERVICE. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE WEBSITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ANY OF ITS SERVICES.
Use of the Website is subject to the following terms and conditions, as amended from time to time (the “Terms”), which govern the use of and interaction with the Website and its respective services (the “Service” or “Services”) by all users. These Terms are to be read together with our Privacy Policy and any supplemental terms, conditions or disclaimers provided in the pages of the Website.
Terms of Use
1. Age of Majority
The Website is intended for your use only if you are 19 years of age or older. If you do not fall within this category, you may be in breach of laws or regulations applicable in your province or country of residence or access, and you should leave the Website immediately.
You may restrict access to this Website using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.
2. Updates
Growers Retail reserves the right to modify these Terms at any time, at its sole discretion. If Growers Retail decides to change these Terms, we will post those changes here. We encourage you to visit this section of the Website regularly in order to remain informed of any changes. We are not liable to you or any third party in any respect arising from any changes or interruptions to the Website or Services.
If you do not agree to any changes that have been made, you must immediately stop using the Website and all Services.
3. Conditions of Use
Our Website and any of our Services are offered solely for your own personal, informational, or non-commercial use. By accessing the Website or any Service, you agree to only use the Website and Services for legitimate purposes in compliance with these Terms and all applicable laws and regulations.
You represent and warrant that all information provided to us in relation to our online Services is true and accurate. You acknowledge and agree that content posted by you will be publicly attributable to you. You further acknowledge and agree that once you post content, it may not be possible to delete the content.
The Website may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of linked content, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings. We may or may not actively monitor postings on public forums. Similarly, we may or may not exercise editorial control over postings on any public forum.
We may assign these Terms to anyone for any reason in our sole discretion without notice. You may not assign these Terms without our prior written consent.
4. Accounts
In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not do so, you may not sign up for an Account. During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. Your information may be used by us:
All of the information you provide to us or that we collect from you in connection with your use of this Website or the Services will be governed by these Terms of Use. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services and, in our sole discretion, to report you to the appropriate authorities. We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
You must not choose a username that infringes the rights of any third party, impersonates any Growers Retail employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing, or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone to use same. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
5. Purchasing 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 Access to Cannabis for Medical Purposes Regulations; (ii) the federal Cannabis Act; and (iii) any other applicable legislation. The prices displayed on this Website are quoted in Canadian dollars, and are subject to change. Please note that advertisements on this Website are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order. Also note that the price of any Products on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are responsible for the payment of same.
If you wish to purchase any Products, you must provide us with a valid Visa ® , MasterCard ® , or American Express ® card number. By submitting this information to us, you give Growers Retail permission to charge your order to the card that you designate. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.
Please refer to our Shipping Policy and our Return Policy. Some situations may result in your order being cancelled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Although we do our best to provide you with the most accurate Product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Website.
6. Prohibited Use
In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Website or Services for any purpose not expressly authorized by these Terms and/or transmit or upload to the Website or any Service content that in any form or respect:
Notwithstanding this section, Growers Retail grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
7. Privacy
Growers Retail is committed to respecting the privacy of the personal information of the individuals with whom we interact. We encourage you to read our Privacy Policy which describes our privacy policies and practices and how we collect, use, disclose and manage your personal information when you visit and use our Website and Services. If you provide us with any personal information, you acknowledge and agree to the collection, use and disclosure of such information in accordance with our Privacy Policy. You further acknowledge and agree that access to and use of this Website and Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
8. Links
This Website or the Services we offer may provide links to third-party websites for your convenience only. You acknowledge and agree that Growers Retail is not responsible or liable for such websites or services and does not monitor or endorse such websites. Growers Retail does not accept any responsibility for and will not be liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. Your use of these third-party websites and resources is at your own risk and subject to separate terms of use.
9. Growers Retail Materials and Information
This Website and the Services are owned and operated by Growers Retail and may be protected by intellectual property laws including those laws related to copyrights, trademarks, tradenames, Internet domain names and other similar rights.
Growers Retail retains all rights in the Content of this Website. The Content is provided to you AS IS, without any representation or warranty, whether express or implied, for your informational, personal, non-commercial use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof.
You agree to not engage in the use, copying, distribution, transmission or modification of any of the Content for any commercial purpose.
10. Disclaimers
YOU MAY NOT PURCHASE ANY PRODUCTS TO THE EXTENT THAT DOING SO IS UNLAWFUL IN THE JURISDICTION IN WHICH YOU RESIDE.
YOU AGREE THAT ALL CONTENT ON THIS WEBSITE AND ANY RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL USE OF THIS WEBSITE AND SERVICE IS AT YOUR OWN RISK. GROWERS RETAIL DOES NOT GUARANTEE THE ACCURACY OF ITS CONTENT AND YOU AGREE TO ACCEPT ANY RISKS ASSOCIATED WITH THE USE OF THIS SERVICE ON AN ONLINE PLATFORM, INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO VIRUSES, DAMAGING OR DISABLING CODE. GROWERS RETAIL DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF GROWERS RETAIL, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT GROWERS RETAIL DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE AND ANY RELATED SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITE, SERVICE OR THE SERVER THAT THE WEBSITE AND SERVICE ARE AVAILABLE ON ARE ERROR-FREE, INCLUDING DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE WEBSITE, SERVICE AND ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE IS SOLELY AT YOUR OWN RISK.
ALL INFORMATION CONTAINED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD ANY SUCH INFORMATION BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF PREGNANT, NURSING OR DIAGNOSED WITH EPILEPSY, A HEART CONDITION, ALLERGIES OR OTHER MEDICAL CONDITION, SEEK THE ADVICE AND ASSISTANCE OF A PHYSICIAN OR TRAINED HEALTH PROFESSIONAL BEFORE USING ANY PRODUCT (INCLUDING, FOR EXAMPLE, ANY VAPORIZER). IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTH CARE PROVIDER.
NEITHER GROWERS RETAIL NOR THE MANUFACTURERS OF ANY PRODUCTS, OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS, OF ANY PRODUCT SHALL BE HELD RESPONSIBLE FOR THE MISUSE OF ANY PRODUCT. YOU (AS THE PURCHASER AND/OR USER OF A PRODUCT) ARE RESPONSIBLE FOR: (I) YOUR OWN USE OF ANY PRODUCT PURCHASE BY YOU ON THIS WEBSITE; AND (II) ENSURING THAT YOUR USE OF ANY SUCH PRODUCT COMPLIES WITH ALL APPLICABLE LAWS.
11. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY RELATED SERVICE REMAINS WITH YOU.
You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GROWERS RETAIL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE, SERVICE OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VICARIOUS LIABILITY OR OTHERWISE. THE INVOLVED PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE WEBSITE, THE SERVICE, CONTENT OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE; OR (B) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICE, CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
12. Indemnification
You agree to, upon request, indemnify and hold Growers Retail, its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from any and all liabilities, damages, claims, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way directly or indirectly from any breach of these terms of use for which you are responsible.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in the City of Toronto, Province of Ontario, Canada.
14. Termination of Website and/or Service
Growers Retail may discontinue at any time, without notice, the Website, Service, Content, materials, products and/or other services described on the Website or the availability thereof. Growers Retail also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Website and/or Service with or without notice to you.
15. Entire Agreement; Severability
These Terms, the Privacy Policy, and any other terms or conditions expressly referred to therein, constitute the entire agreement between you and Growers Retail regarding your use of the Website, Service and any other subject matter herein. If any portion of these Terms is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms.
We may, from time to time, offer you the opportunity to participate in or use other special services, events, contests, and so forth, both on and off the Website. By participating in any such special service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.
16. Contact Us
If you have any questions about these Terms, please contact us at: info@growersretailcannabis.ca.
These Terms of Use were last updated on April 1, 2022.