The Cannabis Mail Order Service at www.bestbudbc.ca (the “Site”) is provided to you by BEST BUD BC (“BBB”, “Us”, “Our”, and “We”). Your use of the Site is subject to the following Terms of Service, as may be amended from time to time (the “Terms” and the “Agreement”).
THESE TERMS OF SERVICE SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING TO YOUR ACCOUNT OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.
YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT CREATE YOUR ACCOUNT AND/OR USE THE SITE OR SERVICES.
2. Not Medical Advice
The Site, including any pages, text, images, sounds,videos, software, and other data or information contained in the Site (the “Content”), is provided for general informational purposes only, does not constitute a representation as to the efficacy of any of the Products and is not intended to provide, or to be a substitute for, professional medical advice. Always seek the advice of a physician or other qualified health care practitioner for any questions you may have about any illness or other condition, including the suitability or effectiveness of any particular course of treatment. Never disregard any professional medical advice because of anything you read on the Site.
***IMPORTANT: THE USE OF CANNABIS PRODUCTS WITHOUT A DOCTORS RECOMMENDATION COULD HAVE ADVERSE EFFECTS ON YOUR HEALTH.
If you think you may have a medical emergency, call your doctor or 911 immediately.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEST BUD BC IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.
The Site and Services are only intended for use by residents of Canada. By registering an Account and using the Services, you represent and warrant that you are ordinarily resident in Canada and over the age of 19.
The Site and the Services are not intended for use by minors. For the purposes of these Terms, a “minor” is someone who has not reached both: (a) the age eleven; and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed by the user. If you are a minor, you are not permitted to register to create an Account or to otherwise access or use the Site.
Some aspects of the Services or Products are or may be regulated under the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”) and other applicable laws (respectively, the “Regulated Services” and “Regulated Products”). By registering an Account and using the Services, you represent and warrant that you are not aware of any reason why your use of the Services would violate any applicable laws.
Without limiting the generality of the foregoing, some aspects of the Services may be restricted to qualified Health Care Practitioners, as defined in the ACMPR (the “Health Care Provider Services”). If, and to the extent that, you request or register for Health Care Provider Services, you represent and warrant that you satisfy all applicable legal requirements. In particular, you represent and warrant that you are not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.
BBB reserves the right to confirm your compliance with any or all of the foregoing representations and warranties.
By proceeding to the next stage of the registration process for an account (an “Account”) and in order to access and use the services provided on the Site or to buy any Cannabis product or related product offered for sale through the Site (the “Products”), you must register.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT COMPLETE THE REGISTRATION PROCESS FOR AN ACCOUNT.
5. Account and Password
5.1 Account Creation
In order to access and use the services provided on the Site or to buy any Cannabis product or related product offered for sale through the Site, you must register for an account with BBB and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: a) all required registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You may not create more than one Account.; b) immediately notify BBB of any unauthorized use of your Account or any other breach of security; and (c) ensure that you log out from your Account at the end of each session. You agree that you are responsible for all activities performed using your Account and that BBB has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with this Section 4. You may delete your Account at any time, for any reason, by following the instructions on the Site (Section 16).
5.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify BBB of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. BBB cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
During the registration process for your Account, you are required to create a password, and user identification (a “User ID”). Your password and User ID will identify you and associate you with your Account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password or Account.
6. Use of the Site
You may view and print out webpages from the Site for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without BBB’s consent. Except as expressly permitted by BBB, you may not use the Site or any Content for commercial purposes.
7. Prohibited Use of the Site
You may not use the Site or any Content for any unlawful purpose. BBB makes no representation that the Site or the Services are appropriate or available for use in all locations, and accessing the Site from and/or using the Services in territories where the Site or the Services are illegal is prohibited. If you choose to access the Site and/or use the Services from such a location, you do so on your own initiative and you are responsible for compliance with applicable local laws.
(a) not to use this Site in any manner which could damage, disable, overburden or impair this Site;
(b) interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
(c) not to disrupt or interfere with any other person’s use and enjoyment of this Site or affiliated or linked sites;
(d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs;
(e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; and
(f) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
8. Prohibited Use of the Services and Products
You agree not to make any unlawful use of the Services or Products. You agree not to offer, provide, or make available, whether in exchange for compensation or not, the Regulated Services or any associated Products to anyone with your Account.
9. Sale of Products
BBB reserves the right, in its sole discretion, to refuse orders including, without limitation, for failure to comply with the Terms. If we believe that you have made a false or fraudulent order, BBB will be entitled to cancel the order.
Prices for all Products are subject to change, without notice. Applicable sales taxes and shipping fees will be added prior to purchase. All Products are sold only for use by Registered Members. To the extent permitted by applicable law, BBB makes no representations, warranties or conditions regarding the suitability or effectiveness of the Products for any purpose.
10. Copyright and Trademark
The Site, including all Content used or accessible through this Site other than Member content, are: © 2017 BEST BUD BC or its suppliers/vendors . All rights reserved. The Site, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Site and Content. Nothing on the Site, or your use of the Services, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary rights of BEST BUD BC, its affiliates or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.
The product names, company names and logos of BEST BUD BC or any affiliate used on this Site may be trademarks, including registered trademarks of BEST BUD BC or an affiliate. Such product names, company names and logos of BEST BUD BC and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of BEST BUD BC or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
11. Content Posted by Member
You agree you are and shall remain solely responsible for the contents of any submissions you make (the “User Content”), and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
12. Accuracy of Site Content
All content, including but not limited to descriptions of processes to create derivatives, extractions, and other recipes derived from or incorporating the Products, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site is regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. BBB assumes no liability or responsibility for any such errors, omissions or inaccuracies and make no representations about the accuracy, reliability, completeness, or timeliness of the Content. BBB does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, that appears on the Site. Under no circumstances will BBB or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. By using the Site, you acknowledge and agree that BBB and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.
13. Changes to these Terms and the Site
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users/members of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
You agree not to post reviews on the Site, Services, or any of BBB’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users or members on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of BBB’s social media pages or channels must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying information about any Dispensary employees or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (f) contain references to Dispensaries or competitors other than the product or Dispensary being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary you may not post reviews about your Dispensary or products or about your competitors’ Dispensary or products.
The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and BBB will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if BBB communicates such information to you at your request.
16. Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. BBB will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect.
You agree to indemnify, defend, and hold harmless BBB, and its affiliates, officers, directors, employees, agents, independent contractors, and other partners, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or Services, (b) your User/Member Content, (c) your violation of any of these Terms or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules, or regulations.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BBB (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
19. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BBB (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BBB’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
20. Governing Law, Venue, and Jurisdiction
These Terms and your use of the Site and the Services shall be governed by and interpreted in accordance with the laws of the Province B.C. and any applicable federal laws of Canada, excluding the rules of private international law that lead to the application of the laws of any other jurisdiction. The courts of B.C. shall have the exclusive jurisdiction to hear any matter arising in connection with these Terms. You hereby attorn to the jurisdiction of the courts of B.C. for that purpose.
Nothing in these Terms will prevent BBB from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by BBB of any right or power here under preclude further exercise of that or any other right here under. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and BBB. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BBB’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
These Terms constitute the entire agreement between you and BBB with respect to the Site, the Content, the Services, your Account, and any information obtained through the Site by communication with BBB personnel. These Terms, together with the Regulated Service Terms, constitute the entire agreement between you and BBB with respect to the Regulated Services. If any provision of these Terms is held invalid, the remainder of these Terms, including the Regulated Service Terms as applicable, shall continue in full force and effect.
Please feel free to contact us directly (We reply on all questions within 24 hours) if you have any questions about these terms or call us 6 days a week from 9:00 am to 6:00 pm PST.