Terms & Conditions

Last Modified and Effective Date: July 5, 2022

By entering and using [www.drinkcann.ca] (the “Site”) you agree to and are bound by the terms and conditions set out below. This Site is controlled by 2867772 Ontario, Inc. dba Cann (“Cann”) and, among other functions, contains information about certain products (“Products”) that are manufactured by a third-party licensed producer of cannabis products in Canada. Cann may revise these terms and conditions at any time – so check here periodically to note any changes.

  1. Legal Consumption Age
    This Site is for people of legal consumption age – so don’t enter and use this Site if you’re not of legal consumption age in the province, state, territory or country in which you reside. Please do not forward or share Cann content with people under the legal cannabis consumption age in the province, state, territory or country in which you or they reside.
  2. User Generated Content
    You agree to post content on this Site in compliance with these terms and conditions. Upon posting content on this Site, you grant Cann and its successors and assigns a nonexclusive, worldwide, royalty-free, perpetual right and licence under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising. You shall not post content that includes or contains: (1) non-public information about companies without the proper authorization to do so; (2) false information about yourself or others; or (3) a virus, trojan horse, worm, or other harmful or disruptive component.
  3. Content Guidelines

You agree that the content you post, submit, store, transmit, download, upload or distribute on this Site:

  • is NOT threatening, abusive, libelous, defamatory, obscene, or legally objectionable;
  • does NOT constitute, encourage or condone:
  • a criminal offense or give rise to civil liability;
  • any form of violence, hatred or harassment;
  • any form of discrimination on any ground covered by federal, provincial and territorial human rights legislation in Canada, such as religion, race, colour, sexual orientation, disability, etc.;
  • does NOT contravene any applicable law, regulation, policy, guidelines or industry standard, as determined by Cann;
  • does NOT communicate, depict or encourage:
    • immoderate or irresponsible consumption of cannabis;
    • consumption of cannabis by individuals who appear to be under legal consumption age;
    • an association between consumption of alcohol, cannabis and any skilled or dangerous activity;
    • consumption of cannabis in general;
  • Does NOT involve the unauthorized use of information, software, music, trademarks, photographic images, personality rights or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the intellectual property right.
  1. Monitoring
    At any time and without notice, Cann may screen, disallow, review, edit or remove any content posted by you that appears to violate these terms and conditions. Cann has the right, but not the obligation, to monitor any content on this Site to determine compliance with these terms and conditions and other Cann policies and to satisfy any applicable law, regulation, policy, guidelines or industry standard or authorized government request. Cann does not endorse any content submitted by you or by others. You agree not to rely on any content as being screened, reviewed, monitored or approved by Cann.
  2. Access
    You shall use this Site for lawful purposes only. Cann has the right to deny any person access to this Site or any portion thereof without notice. Cann has the right to immediately terminate your access to this Site where your conduct is unacceptable, as determined by Cann in its sole discretion, or where you have breached any of these terms and conditions or any other policy on this Site. Cann has the right to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
  3. Copyright and Other Intellectual Property
    The trademarks and logos on this Site are registered and unregistered trademarks of Cann. The display of trademarks or trade names on this Site does not convey or create any licence or other rights in these marks or names and their use without the written consent of Cann is strictly prohibited.
  4. Limited Licence
    Cann grants to you a strictly limited licence to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on this Site, for non-commercial (personal or educational) purposes only, provided that: (1) you do not modify any such content; and (2) you include with and display on each copy of such content the associated copyright notice and this limited license. No other use is permitted. Without limiting the generality of the foregoing, you may not: (1) make any commercial use of such content; (2) include such content in or with any product that you create or distribute; (3) copy such content onto your or any other person’s website; or (4) distribute such content to anyone whatsoever. Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of Cann or any other person who owns the copyright in content provided on this Site.
  5. Use At Your Own Risk (Indemnification)
    By entering and using this Site you agree that you do so at your own risk. You submit and post content, including personal information about yourself and others, at your own risk. You rely on content posted by others at your own risk. Cann does not warrant the quality, accuracy or completeness of any claims, statements or information on this Site. Cann makes no representations about the suitability of any information or products contained or offered on this Site for any purpose. All information is provided “as is” without warranty or condition of any kind. This Site may include inaccuracies or typographical errors. Cann reserves the right to make changes to this Site at any time. You agree to defend, indemnify and hold harmless Cann, its affiliates and partners and each of their respective officers, directors, employees and agents, and any other parties involved in creating, producing, delivering, or monitoring this Site, from and against all claims and expenses and from any liabilities or damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in connection with access to or use of this Site or in the delay or inability to use this Site, or in connection with any content, information, data, promotions, activities, products or services associated with this Site, or in connection with your downloading of any materials, text, data, images, video or audio from this Site, or in any connection otherwise, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, even if there is a fundamental breach or if Cann has been advised of the possibility of liability or damages.
  6. Links to Third Party Sites
    This Site may contain hyperlinks to websites operated by parties other than Cann. Such hyperlinks are provided for your reference only. Cann does not control such websites and is not responsible for their content. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site. Your access and use of such third party websites, including information, material, products and services therein, are solely at your own risk. Cann’s Privacy Policy is applicable only with respect to this Site. You agree to review the privacy policy of any third party website before disclosing your personal information on that website.
  7. Submissions
    Cann welcomes your comments about this Site. Cann pays its agencies and suppliers to come up with creative ideas, so please don’t submit any creative ideas, suggestions or materials (other than those specifically requested on this Site). Cann will not accept or consider them. If you didn’t read the previous sentence (or choose to ignore it) and you submit your creative ideas, suggestions or materials anyways, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trademark, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.
  8. Governing Law
    This site is controlled and operated by Cann. This Site is intended to be viewable by residents of Canada that are legal age only. The laws of Canada applicable therein shall govern the content on this Site including these disclaimers and terms and conditions, without giving effect to any principles of conflicts of law.

TERMS AND CONDITIONS FOR SERVICES BY CANN

In addition to the Terms of Use above, you agree to the following terms and conditions governing the offering by Cann of the Services available on this Site, where applicable:

 

  1. Cann agrees to perform the services, including providing information about the Products depicted on the Site (the “Services”), described on this Site (if any) in accordance with the provisions hereof.
    2. Cann shall have the sole right to supervise and direct the performance of the Services and shall in all respects act as an independent contractor.
    3. Cann represents and warrants to you that it shall carry out the Services in a workmanlike manner using reasonable care and diligence. Any Products provided to you by third-parties shall have such warranty, if any, as the third-party manufacturer thereof provides.
  2. THESE EXPRESS WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS (EXPRESS AND IMPLIED AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED ARE GIVEN. CANN AND YOU AGREE THAT FOR ANY BREACH OR DEFAULT BY CANN IN CONNECTION WITH THIS AGREEMENT, EVEN FOR A BREACH OF CONDITION OR FUNDAMENTAL TERM OR FOR A FUNDAMENTAL BREACH OR BREACHES, YOUR EXCLUSIVE REMEDY SHALL BE PAYMENT BY CANN OF YOUR DAMAGES, TO A MAXIMUM AMOUNT EQUAL TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT.
  3. In no event shall Cann, its affiliates, partners, or their respective directors, officers, employees or agents have any liability for your loss of profits, loss of business revenue, failure to realize expected savings, other commercial or economic loss of any kind whatsoever or for any indirect, special or consequential damages even if advised of the possibility thereof. Nor shall Cann, its affiliates, partners, or their respective directors, officers, employees or agents be liable for failure to perform any of its obligations hereunder where such failure arises by reason of any cause beyond its reasonable control.
  4. When engaging in potential transactions through this Site, you may be asked to supply certain information, including credit card or other payment mechanisms. You agree that all such information you provide will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on this Site. You agree to be bound by all of the terms and conditions on this Site and on any applicable order form.
  5. You agree that under no circumstances shall Cann, its affiliates, partners, or their respective directors, officers, employees or agents be held responsible or liable for situations where the data stored or communicated through this Site are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Cann at the time) which may exist in the network. Cann simply stores and facilitates the transmission of private electronic communications. Electronic communications on this Site are private, and only under situations where explicitly required or allowed by law will such communications be accessed, intercepted, disclosed, or used without the consent of at least one of the parties to the communication.
  6. Your agreement with Cann is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. This excludes the application of the United Nations Convention on the International Sale of Goods.

The parties have required that this agreement and all documents related hereto be prepared in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.