Last Updated: October 15, 2022
These Terms and Conditions (“Terms”, “Terms & Conditions”) govern your relationship with Opticann Inc. (“Opticann”, “us”, “we”, or “our”) and the use of https://opticann.ca/ and any Heritage Cannabis Holdings Corp. website, mobile site, application, and/or other service, including https://shop.heritagecann.com/, regardless of how distributed, transmitted, published, or broadcasted (collectively, “Website”). These Terms contain important information regarding your legal rights, remedies and obligations. These include various disclaimers, limitations of liability, and a dispute resolution clause that governs how disputes will be resolved. These Terms apply to all visitors, users and others who access or use the Website (“you”, “user” or “users”).
For greater certainty, “Website” includes: https://opticann.ca; https://shop.heritagecann.com but does not include third party websites, plug-ins, services, social networks, or applications, whether or not you accessed such websites, plug-ins, services, social networks or applications, by clicking on links made available on the Website.
Information available through this Website, is for information purposes only.
- access or use any of the services offered through the Website;
- access or use the Website; or
- access or use the Opticann Materials (as defined below).
- revise, replace, modify, supplement or delete any information, materials, services and/or resources associated with or contained on this Website and/or the Opticann Materials; and
- make such changes without prior notification to past, current or prospective visitors.
Such changes shall be effective as when posted on the Website. If you do not agree with any change or any new terms, in whole or in part, you must stop using or accessing the Website. Your continued access or use of the Website after any such change is posted will constitute your acceptance of the change.
This Website is hosted on servers in Canada. Accordingly, your access and use of the Website shall be deemed to be provided in Canada and subject to the applicable laws of Canada and any applicable provincial laws therein. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that the Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to access or use the Website in your jurisdiction.
If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to the Website, you may not:
- enter into these Terms; or
- access or use the Website.
By accessing or using the Website you are explicitly stating that you have verified in your own jurisdiction that your access and use of the Website is allowed and does not breach any local laws.
Use of https://opticann.ca
You may only access and use the Website for legitimate and lawful purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable laws or regulations. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You may not interfere with the security of, or otherwise abuse, this Website, or any system resources, services or networks connected to or accessible through the Website. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Opticann’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms.
The Website is intended only for use by adult residents of Canada. If you are not normally a resident in Canada or have not yet obtained the age of majority in the Province from which you are accessing the Website, you are prohibited from accessing or using the Website.
By accessing and using the Website, you represent and warrant:
- that you are ordinarily a resident in Canada;
- 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 are not less than eighteen years of age;
- that you are not aware of any reason why your use of the Website would violate any applicable laws.
Opticann reserves the right to confirm compliance with any or all of the foregoing representations and warranties at any time before, during, or after access or use of the Website.
Some aspects of the Website may be regulated under the Cannabis Act (Canada), the Cannabis Regulations (the “Regulations”) and other applicable laws (the “Regulated Services”).
Registration Under the Regulations
To access any Regulated Services either you or an individual for whom you are responsible for at law, must register with Opticann as an eligible client, pursuant to the Cannabis Act and Cannabis Regulations (the “Regulations”), as may be amended from time to time or under any replacement, analogous or substitute legislation or regulation. You hereby agree:
- to provide all information and original copies of such documentation as Opticann may require for the provision of the Regulated Services (collectively, the “Application”);
- that the Registration is at all times subject to the requirements of the Regulations;
- that Opticann may refuse, cancel or terminate the Registration at any time if Opticann believes in its absolute discretion 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; and
- that Opticann has no liability whatsoever for any loss, liability, or damage arising from any refused, cancelled or terminated Registration.
The Application may include additional terms and conditions which will apply to the Regulated Services (the “Regulated Services Terms”). You further agree that your access to or use of any Regulated Services is subject to the Regulated Service Terms. In the event of any conflict between the Regulated Service Terms and these Terms, the Regulated Service Terms shall prevail with respect to the Regulated Services.
You will be required to register for an account to order medical cannabis through our Website. By completing a registration, you are agreeing that you will:
- provide true, accurate, current and complete information as prompted, and
- always maintain and promptly update the registration information to keep it accurate, current and complete.
If you provide any 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 have the right to suspend or terminate your account and any or all privileges on our Website and to refuse any and all current or future use of our 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 use (whether authorized or unauthorized) of your account.
- You acknowledge and agree that we may access and/or disclose your account and related information if required to do so by law or if we have a reasonable belief that such actions are reasonably required to:
- comply with legal obligations imposed on us or any subpoenas, law enforcement investigations, or court orders directed to us;
- enforce or fulfill these Terms and Regulations; or
- protect the rights, property or safety of Opticann, other users and/or the general public.
Return and Exchange Policy
All orders are final sale. If you are experiencing an issue with your product, please contact the Opticann Patient Care team immediately for assistance with potential resolution. We can be reached Monday through Friday by telephone at 1-855-437-2266 or by email at: firstname.lastname@example.org.
Any required refunds and exchanges will be done in accordance with the Cannabis Act and the Cannabis Regulations and are subject to any restrictions outlined therein.
Opticann ships by secure courier in discreet packaging and a signature is required pursuant to the Cannabis Act and the Cannabis Regulations. For any specific questions on shipping, please view our Shipping and Returns Policy for further information.
Not Medical Advice
Information provided on our Website, including information regarding different strains of medical cannabis and their potential suitability for treating different diagnoses, is provided as general information. We provide this information for discussion between patients and their Healthcare Providers, who will ultimately make any decisions regarding treatment. Information provided on our Website is subject to the Disclaimer.
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 under the Cannabis Act and the Cannabis 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 may not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations under the Cannabis Act and the Cannabis Regulations. If we believe 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 medical cannabis from us, you agree that you will only use such medical cannabis as prescribed by your doctor, and you will not resell or transfer such medical cannabis to any other person.
Disclaimer of Medical Advice
You understand and acknowledge that all users of our Website are responsible for their own medical care, treatment, and oversight. All of the content provided on our Website, including text, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, and forum postings, is for informational purposes only and DOES NOT CONSTITUTE THE PROVISION OF MEDICAL ADVICE and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment.
The content on our Website is not intended to establish a standard of care to be followed by a user of our Website. You understand and acknowledge that you should always seek the advice of your physician or other qualified Healthcare Provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through our Website.
Medical information changes constantly. Therefore, the information on our Website or on any linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this website or any linked websites is solely at your own risk.
Disclaimer and 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 our Website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course of dealing or otherwise with regard to information accessed from or via our Website. All content and materials, and functions and services, provided on our Website, 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 or 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 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, 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.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
Errors and Omissions
Please note that our 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 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 our Website, except as required by law.
You agree to defend and indemnify us, and hold us and our affiliates, and our and their respective directors, officers, agents, contractors, and employees, harmless 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 our 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.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the Opticann. Parties relating to any Dispute and you also agree to opt out of any class proceedings against Opticann.
Opticann’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by Opticann of any default will not constitute a waiver of any subsequent default. No waiver by Opticann is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
These Terms are not assignable, transferable or sub-licensable by you except with Opticann’s prior written consent. Opticann may assign, transfer or convey these Terms, or any of our rights hereunder to a third party without notice to you.
Unless otherwise indicated, all references to currency in this Agreement or in the Website are to the lawful money of Canada.
As set out above, 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. Provincial laws of Canada may apply to certain products and services provided.
If you have any questions about these Terms, please contact us by email: email@example.com; or by mail to: Opticann Inc. 333 Jarvis St. Fort Erie, ON L2A 2S9.