Terms and Conditions
1. Introduction
1.1. These are the terms and conditions of service (“Terms”) which govern the use of the website modernacannabis.ca and related services (as defined below) owned, operated or provided by 2134523 Alberta Ltd. Doing business as Moderna Cannabis Society (“Moderna”, “Moderna Cannabis Society”) (the “Service”).
Please read the Terms carefully before using the Service. Your use of the Service is conditional on you complying with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
1.2. Please note:
(a) Where you visit, register and/or subscribe to the Services, these Terms will be governed by the laws of Alberta and will operate as between Moderna and you, to the maximum extent permissible under the law of the territory that you are located in.
2. Definitions
2.1. “You/Your” means (as appropriate) the Visitor, Registered User and/or Subscriber accessing the Service.
2.2. “Intellectual Property” means copyright, trademarks, database rights and/or any other intellectual property rights as recognized in any jurisdiction.
2.3. "Services" means provision by Moderna of access to the domain http://www.modernacannabis.ca (the “Website”) and other associated programs including, without limitation, the Moderna loyalty program, point of sale system, email list and customer database (the “Programs”) (the “Website” and the “Programs” are collectively referred to herein as the “Site”)
1.1. “Content” means all material, data, articles, information and products available on the Moderna Website or provided as part of the Service.
1. Intellectual Property
1.1. All rights in and to the Services including all original content will remain the exclusive property of 2134523 Alberta Ltd. Doing business as Moderna Cannabis Society and its licensors.
1.2. The Services and all contents thereto are the original work of Moderna and are protected by copyright, trademark and other laws of both Canada and foreign countries. Our trademarks and trade address may not be used in connection with any product or service without the prior written consent of Moderna Cannabis Society.
1.3. You may use the Service solely for your personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Moderna products or the Services for any commercial purposes, whether direct or indirect, in any manner that might compete with our business.
1.4. Save for where provided otherwise in these Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Moderna property or Services to anyone without our express prior written permission, is not authorized and may be a violation of national copyright laws.
1.5. Any request for permission to republish, reprint or use any articles from any of the Service or our trade marks for any purpose other than those permitted under this Clause 3 should be sent to info@modernacannabis.ca
1.6. When reposting Moderna content on Instagram for promotion purposes, credit Moderna by tagging and crediting @ModernaCannabis.
1.7. For the avoidance of doubt, where the provisions of any applicable law prohibit the extent to which certain activities can be restricted under this Clause 3, any such restrictions shall apply to the fullest extent permitted in accordance with such law.
2. Links to Other Websites
2.1. Our Service may contain links to third-party websites or services that are not owned or controlled by Moderna.
2.2. Moderna has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
2.3. You further acknowledge and agree that Moderna shall not be held 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 such content, goods or services available on or through such websites or services.
2.4. We strongly advise that the terms and conditions and privacy policies of any third-party websites or services are carefully read prior to the user visiting.
3. Termination
3.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
3.2. All provisions of the Terms, which by their nature should survive termination, shall survive termination including, without limitation, ownership provisions warranty disclaimers, indemnity and limitations of liability.
3.3. We may terminate or suspend Service immediately, without prior notice or liability, for any reason whatsoever if you breach the Terms.
3.4. Upon termination, your right to use the Service will immediately cease.
3.5. You agree to defend, indemnify and hold harmless Moderna and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liability, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
(a) your use and access of the Service; and/or
(b) a breach of these Terms.
6. Limitation of Liability
6.1. In no event shall Moderna, nor its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:
(a) your access to or use of, or inability to access or use the Service;
(b) any conduct or content of any third-party on the Service;
(c) any content obtained from the Service; and
(d) unauthorized access, use or alteration of your transmissions or content, whether based on warrant, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Warranty Disclaimer
7.1. Your use of the Service is at your sole risk.
7.2. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
7.3. The Service is provided without warranties of any kind, whether express or implied, including but not limited to:
(a) implied warranties of merchantability;
(b) fitness for a particular purpose;
(c) non-infringement; or
(d) course of performance.
8. Indemnity
8.1. You agree to indemnify and hold us, our Representatives, licensors, and sub-contractors harmless against all costs, claims, damages, liability and expenses (including any professional fees) which might incur by reason of a breach by you of these Terms.
9. Changes to These Terms
9.1. We may make amendments to the provisions of these Terms from time to time. Any amended Terms will be notified to you by being posted on the Moderna Website. Amendments will come into effect immediately on the amended Terms being posted on the website and you will be deemed to have accepted them if you access the website after that time. If you do not wish to accept them, you must cancel these Terms as described above.
9.2. What constitutes a material change will be determined at our sole discretion.
9.3. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
10. Exclusions
10.1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
11. Governing Law
11.1. These Terms shall be governed and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.3. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11.4. These Terms constitute the entire agreement between us with respect to your access and use of the Service, and supersede and replace all prior agreements, negotiations and discussions we might have between us relating to the same.
12. Contact Us
12.1. If you have any questions about these Terms, please contact info@modernacannabis.ca.