Terms Of Service
1. All deliveries must be to a Canadian address
2. To buy marijuana products from Cannaessence.ca you must be at least 19 years old
3. Cannaessence.ca assumes no responsibility for lost orders due to:
– mistakes made by the postal offices
– wrong address given by the customer
– damage to order by postal service
– expired PO BOX numbers
– stolen packages after delivery
4. Prices and availability of products are subject to change without notice
5. You are not affiliated in any way with any law enforcement
6. All orders are guaranteed by Canada Post to arrive on time, with the exception of Newfoundland, Nunavut, and the Northwest Territories. (For more details: XpressPost FAQs)
Replacement Package Policy
If your package is lost in transit or confiscated by authorities, we will send you a free ONE TIME REPLACEMENT PACKAGE UP TO $125.
The website located at www.cannaessence.ca (the “Website”) is owned and operated by Canna Essence Wellness Society. The use of our Website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms apply to all users of our Website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this Website, you accept and agree to be bound by and comply with the Terms and Condition Policy. If you do not agree to the Terms or our Condition Policy, you are not authorized to access our Website, use any of our Website’s services or place an order on our Website.
By using the Website, you represent and warrant that you will only use our Website for legitimate purposes and not for any illegal or unauthorized purpose. You also represent and warrant that you are at least the age of majority in your province of residence and are legally capable of entering into a binding contract.
Not Medical Advice
Information provided on the Website including without limitation information regarding different strains of medical marijuana and their potential suitability for treating different diagnoses is provided as general information. Information provided on the Website is not intended to be medical advice, nor is it intended to replace the need to consult a health care provider.
We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website and or the products and services provided through the Website at any time, without notice. You agree to review these Terms regularly for any changes and your continued access or use of our Website will mean that you agree to any changes.
You will be required to register for an account to make medical marijuana purchases through the Website. If you register, you represent and warrant that you will: (a) provide true, accurate, current and complete information as prompted by any 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 at all times. 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 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 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 use (whether authorized or unauthorized) of your account.
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. Actual products may not appear exactly as shown.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in Canadian dollars and does not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations. 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 marijuana from us, you represent and warrant that you will only use such medical marijuana as an alternative to pharmaceutical and you will not re-sell or otherwise transfer such medical marijuana to any other person.
Links To Third Party Websites
Links from or to websites outside our Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Erbachay shall not be a party to any transaction between you and any third party including any third party advertising on our Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third party press release, media coverage, should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.
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.
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 the Website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which 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 of 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, 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 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.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees 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 the 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.
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our 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 us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any disputes arising out of or relating to the Terms and Condition, use of our Website, or our products or services offered on our Website will be resolved in accordance with the laws of the Province of British Columbia without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Website must be brought before the courts of the Province of British Columbia in the City of Vancouver, BC and you irrevocably consent to the exclusive jurisdiction and venue of such courts.