SERVICES AND PRODUCTS AVAILABLE THROUGH THIS WEBSITE
Users need to register at our site (“Registered User(s)”) (see below). At the time of registration, users will be asked to enter an email address 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 Cannabis Act and Regulations.
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 Cannabis Act and Regulations. If VERTICAL CANNABIS 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 cannabis from us, you represent and warrant that you will use such cannabis yourself, and you will not re-sell or otherwise transfer such 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 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 make 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 always.
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. 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 Cannabis Act and Regulations and other applicable laws
To access certain of the products and/or services, either you or an individual for whom you are responsible for must register with VERTICAL CANNABIS as registered user within the meaning of the Cannabis Act and Regulations. You hereby agree:
(i) to provide all information and original versions of such documentation as VERTICAL CANNABIS may require for this purpose (collectively, the “Registration”);
(ii) that the Registration is always subject to the requirements of the Cannabis Act and Regulations;
(iii) that VERTICAL CANNABIS may refuse, cancel or terminate the Registration at any time if VERTICAL CANNABIS is of the view in its absolute discretion that:
(a) any false or misleading information or documentation has been submitted in or with a Registration or a request to amend a registration; or
(b) you are otherwise ineligible to be registered for any reason;
(c) that VERTICAL CANNABIS has no liability whatsoever for any loss, liability, or damage arising from any refused, cancelled or terminated Registration.
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 VERTICAL CANNABIS that:
You will not use the Website for any unlawful purpose.
You understand and agree that VERTICAL CANNABIS may discontinue or change the Website.
You understand and agree that VERTICAL CANNABIS uses Google Analytics products.
You also understand and agree that VERTICAL CANNABIS 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
VERTICAL CANNABIS 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 person, household, geographic region or jurisdiction.
No single order may exceed 150 grams. VERTICAL CANNABIS will refuse any order exceeding these limits.
No products will be shipped, or services performed until payment has been completed.
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 VERTICAL CANNABIS. 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) in connection with any Order; and that (ii) the information you supply to VERTICAL CANNABIS is true, correct and complete. By submitting such information, you grant VERTICAL CANNABIS the right to provide the information to third parties for purposes of facilitating the completion of the Order.
VERTICAL CANNABIS 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.
VERTICAL CANNABIS 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, VERTICAL CANNABIS shall ship your order by Canada Post as is permitted under the Cannabis Act and Regulations. All shipments will be odourless and will contain no indication of the contents or origin of the parcel.
All products will be shipped 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 Care Team at: 1-833-V3R-T1CL (1-833-837-8125) or firstname.lastname@example.org
RETURN AND EXCHANGE POLICY
All sales are final.
Any refunds and exchanges of cannabis will be done in accordance with the Cannabis Act and Regulations. Subject to any restrictions outlined in the Cannabis Act and Regulations, VERTICAL CANNABIS 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 at the sole discretion of VERTICAL CANNABIS
Any refunds and exchanges of any products will be at VERTICAL CANNABIS’s sole discretion. To complete any refunds or exchanges, VERTICAL CANNABIS will require a receipt or proof of purchase.
USER TRACKING AND COOKIES
VERTICAL CANNABIS uses Google Analytics features including Real-Time Tracking Features, Audience Tracking features and Geographic Tracking Features. These features track user data through cookies. VERTICAL CANNABIS uses this information to better understand our user’s needs.
Users, registered or not, can opt out of the Google Analytics Advertising Features VERTICAL CANNABIS uses, including through Ads Settings, Ad Settings for mobile apps, or any other available means. VERTICAL CANNABIS encourages users to visit https://tools.google.com/dlpage/gaoptout/ to explore the currently available opt-out options.
COPYRIGHTS AND TRADEMARKS
The entire content of this Website, including, but not limited to, text, graphics, logos, icons, images, audio clips, videos, interfaces, software and the compilation of these elements is the property of VERTICAL CANNABIS, 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 VERTICAL CANNABIS, 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 VERTICAL CANNABIS and any such third party is either intended or implied by the presence of these third-party trademarks on our Website.
NO WARRANTIES OR REPRESENTATIONS
VERTICAL CANNABIS 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, fully 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 expressed 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. VERTICAL CANNABIS will not be liable for any damages of any kind related to the access and use of the Website.
In no event will VERTICAL CANNABIS, 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 VERTICAL CANNABIS is advised of the possibility of such damages.
VERTICAL CANNABIS 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. Fully permissible pursuant to applicable law, VERTICAL CANNABIS disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, title and non-infringement. VERTICAL CANNABIS 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.
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 VERTICAL CANNABIS sponsors, endorses, is affiliated or associated with any such websites.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You must register with this Website and select a password and enter your email. 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 account. You agree to (a) immediately notify VERTICAL CANNABIS 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. VERTICAL CANNABIS cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the Terms.
Here are some Tips for Safe Online Shopping.
You are responsible for your use of this Website and for your conduct while on the site, including the use of any services offered through this Website. While using this Website, you agree not to use any language that is obscene, indecent or offensive in any e-mails.
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. Users may not use the Website 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 offence or gives rise to civil liability, or that otherwise violate any applicable law or regulation. You may not interfere in any way with VERTICAL CANNABIS’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
VERTICAL CANNABIS expects the users of this Website to respect the copyrights of others. As well, you shall not remove or destroy any copyright notices or other proprietary markings contained on or on the Website.
VERTICAL CANNABIS may, under appropriate circumstances and in accordance with these Terms, terminate the accounts of users that VERTICAL CANNABIS 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 VERTICAL CANNABIS for copyright complaints as follows: email@example.com
Or by Mail:
104-566 Riverview Drive, Chatham Ontario, N7M 0N2
VERTICAL CANNABIS 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 VERTICAL CANNABIS’s server, violating any copyright or other right of any third party.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERTICAL CANNABIS 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 VERTICAL CANNABIS 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 the limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all the above disclaimers, exclusions, or limitations, may not apply to you and VERTICAL CANNABIS’s liability will be limited to the maximum extent permitted by law.
You hereby release VERTICAL CANNABIS 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 VERTICAL CANNABIS products or services.
ADDITIONAL GENERAL TERMS
The Terms constitute the entire agreement between you and VERTICAL CANNABIS and govern your use of the service and the Website, superseding any prior agreements between you and VERTICAL CANNABIS You also may be subject to additional terms and conditions that may apply when you use or purchase goods or services from this Website or from third parties through this Website.
CHOICE OF LAW AND FORUM
The Terms and the relationship between you and VERTICAL CANNABIS shall be governed by the laws of the province of Ontario and Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario and waive any venue or inconvenient forum objections to such courts.
WAIVER AND SEVERABILITY OF TERMS
The failure of VERTICAL CANNABIS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is/are found by a court of competent jurisdiction to be invalid, you and VERTICAL CANNABIS each agree that the court should endeavour to give effect to our intentions as reflected in the relevant provision and that the other provisions of the Terms should remain in full force and effect.
We make this website available to users in Canada. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from you in a variety of ways, including, but not limited to, when you visit our Website, register on the Website, fill out a form, and in connection with other activities, services, features or resources we make available on our Website. You may be asked for, as appropriate, your name, email address, mailing address, phone number. We will collect personal identification information from you only if you voluntarily submit such information to us. You can always refuse to supply personally identification information, except that it may prevent you from engaging in certain Website related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about you whenever you interact with the Website. Non-personal identification information may include the browser name, the type of computer and technical information about your means of connection to the Website, such as the operating system and the Internet service providers utilized and other similar information.
WEB BROWSER COOKIES
HOW WE USE COLLECTED INFORMATION
VERTICAL CANNABIS may collect and use your personal information for the following purposes:
- To improve client service
The information you provide helps us respond to your requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on the Website.
- To improve the Website
We may use the feedback you provide to improve our products and services.
- To process payments
We may use the information you provide about yourself when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Website feature
To send you the information you agreed to receive about topics we think will be of interest to you.
- To send periodic emails
We may use the email address to send you information and updates pertaining to your order. It may also be used to respond to your inquiries, questions, and/or other requests. If you consent to opt-in to our mailing list, you consent to receive emails that may include company news, updates, related product or service information, promotions, sales information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on the Website.
Personal information supplied via the Website is stored in Canada. We use secure, off-site digital storage facilities in Canada that do not transmit or store data outside of Canada.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent your personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the Website or administer activities on our behalfs, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes if you have given us your permission.
COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our Website from those we know are under the age of 18, and no part of our website is structured to attract anyone under the age of 18.
Please note that the Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order for products or services has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on the Website, except as required by law.
By accessing and using this Website, you signify your acceptance of this policy. If you do not agree to this policy, please do not access or use the Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.