Last updated September 2021
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE.
Please contact Galaxie Brands at clientcare@galaxiebrands.ca with any questions or concerns about these terms.
General
The website Wyldcanna.ca (the “Site”) is provided to you by Galaxie Brands, doing business as Galaxie. Use of the Site is subject to the terms and conditions herein contained (the “Terms”). By using this website, you are agreeing to be bound by the Terms as well as any and all applicable laws and regulations of the Province of Ontario, the Country of Canada, and your applicable local jurisdictions. DO NOT use or access this site if you do not accept both Galaxie Brands’s Privacy Policy and these terms and conditions. In order to access and use the services provided on the Site (the “Services”) or to purchase any product offered for sale through retailers (the “Products”), you must agree to these Terms and our Privacy Policy.
Galaxie Brands may amend the Terms from time-to-time and at any time.
The Site and any content and data thereon, including without limitation webpages, text, software, and multimedia (the “Content”), is provided for general informational purposes only. Galaxie Brands makes and the Content does not constitute any representation as to the efficacy of any of the Products.
In the event of a medical emergency, call your doctor or 911 immediately.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GALAXIE BRANDS 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.
Acceptance
The Site and Services are intended only for use by adult residents of Canada. If you are not normally resident in Canada or have not yet obtained the age of majority in the province from which you are accessing this website, you are prohibited from using this website and its services.
Minors are not allowed to register for the newsletter or otherwise access the Site.
By registering for our newsletter and using the website, you represent and warrant:
1. that you are ordinarily a resident in Canada;
2. 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 site and, in any case, no fewer than eighteen years of age;
3. that you are not aware of any reason why your use of the Services would violate any applicable laws.
Furthermore, some aspects of the Services or Products are or may be regulated under the Cannabis Act and other applicable laws (respectively, the “Regulated Services” and “Regulated Products”).
Galaxie Brands reserves the right to confirm compliance with any or all of the foregoing representations and warranties at any time before, during, or after newsletter registration and use of the Services.
Use of the Site
Your use of the Site and its Content is subject to and in accordance with the provisions of Copyright Act and other applicable law. Without limiting the generality of the foregoing, 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 Galaxie Brands’ consent. Galaxie Brands does not waive any of its rights under the Copyright Act.
Except as expressly permitted by Galaxie Brands, you may not use the Site or any Content for commercial purposes.
Prohibited Use of the Site
Illegal, indecent, destructive, harassing, and other similar behaviours are strictly prohibited on this website. You may not use the Site or any Content for any unlawful purpose. Galaxie Brands makes no representation that the Site or the Services are appropriate or available for use in all locations. Accessing the Site from and/or using the Services within 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 solely responsible for compliance with applicable local laws.
Without limiting the generality of the foregoing, you agree not to:
1. use this Site in any manner which could damage, disable, overburden, or otherwise impair the Site or the Content;
2. interfere with the security of the Site;
3. abuse or intentionally misuse the Site, the Content, or the Services;
4. otherwise damage or hinder the Site and/or the digital and electronic mainframes, networks, servers and infrastructure connected to or accessible through this Site or affiliated or linked sites;
5. disrupt or interfere with any other person’s use and enjoyment of this Site, the Content, or any affiliated or linked sites;
6. upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs;
7. upload, post, or otherwise communicate content that is defamatory, hate-speech, that infringes upon the intellectual property or other legal rights of any entity, or otherwise contravenes any of the laws of Canada and its provinces;
8. use any robot, spider, or other automatic device, or any manual process, to monitor or copy the web pages or the Content contained on this Site; and
9. attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
Accuracy of Site Content
Galaxie Brands provides all Content on an “as is” basis and makes no representations or warranties as to the accuracy, currency, usefulness, or completeness of any information, including without limitation descriptions of Products, processes, and recipes. All Content is provided for informational purposes only and is subject to change without notice. Galaxie Brands assumes no liability or responsibility for any such errors, omissions or inaccuracies.
In compiling the information on this website, Galaxie Brands has included third party reviews of its product strains. Each user hereby acknowledges and accepts that Galaxie Brands is not the source of that information. Galaxie Brands has not investigated or confirmed that information. Galaxie Brands in no way vouches for the source of such information. Any and all health, medical, or other benefits extolled by such a third party or attributed to our products by a third party are strictly in the opinion of that party.
THE SOURCES OF SUCH INFORMATION ARE NOT NECESSARILY DOCTORS OR MEDICAL PROFESSIONALS. THE INFORMATION PROVIDED IS NOT MEDICAL ADVICE AND IS NOT A GUARANTEE OF A PARTICULAR EFFECT.
Galaxie Brands does not adopt, endorse, or accept responsibility or liability for the accuracy or correctness of anything posted by any party that appears on the site. Under no circumstances will Galaxie Brands or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content contained on the Site. By using the Site, you acknowledge and agree that Galaxie Brands 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 ought to have known of any such deficiency in the Content or were responsible for or participated in the inclusion or omission of the Content.
In the alternative, should the foregoing be found to be unenforceable by a court of competent jurisdiction, the liability of Galaxie Brands and/or any related party for any of the acts or omissions described in this section shall be strictly limited, in the aggregate, to Fifty Dollars ($50.00).
Proprietary Rights
Copyright. The Site, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. Galaxie Brands retains and reserves all copyright and moral rights over the Site, including without limitation all Content used or accessible through this Web site but exclusive of User Content, as are or may be granted under the Copyright Act, the common law of Canada, international treaties, and/or any future or successive laws applicable in Canada.
By using or accessing the Site and Content you agree to comply with all international and Canadian copyright laws and to prevent any unauthorized copying. Nothing contained on the Site and nothing in 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 Galaxie Brands, its affiliates or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.
Trademarks. The product names, company names, logos, and any other branding of Galaxie Brands or its affiliate used on this Site (“Business Branding”) may be registered trade-marks other protected business intellectual property of Galaxie Brands or an affiliate. Such Business Branding may not be copied, imitated, or used, in whole or in part, without the prior written consent of Galaxie Brands or such affiliate. Other product and company names mentioned on this Web site may be the trademarks of their respective owners and are not to be used without the prior written consent of such owners.
Reservation of Rights. Galaxie Brands and its affiliates’ products, services, methods, and processes may be covered by one or more patents or other statutory intellectual property rights and/or may be the subject of trade secrets or other proprietary rights. Galaxie Brands and its affiliates reserve all such rights.
Changes to Terms and Site
Galaxie Brands reserves the right to make changes to these Terms and the Site from time to time and at any time as it may determine is necessary in its absolute discretion. Such changes shall be effective as when posted on the Site. Without limiting the generality of the foregoing, Galaxie Brands reserves the right to refuse or remove both Content and User Content, whatever the source, without notice and without any liability.
Liability Disclaimer, General
You expressly acknowledge and accept all of the following:
1. USE OF THE SITE IS AT YOUR SOLE RISK.
2. Galaxie Brands PROVIDES THE SITE AND THE CONTENT ON AN “AS IS”, “WITHOUT ANY WARRANTY”, AND “WITHOUT ANY LIABILITY” BASIS.
3. Galaxie Brands DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AS PROVIDED ON THE SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND TIMELINESS OF ANY PRODUCT OR SERVICE.
4. Galaxie Brands DOES NOT WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, AND ANY COMMUNICATIONS FROM Galaxie Brands ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. Galaxie Brands AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY:
YOUR USE OR INABILITY TO USE THE SITE;
YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SITE; OR
ANY OTHER MATTER RELATED TO THE SITE.
6. Galaxie Brands IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF Galaxie Brands HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
You agree to indemnify, defend, and hold harmless Galaxie Brands and its parents, affiliates, related corporations, officers, directors, shareholders, employees, agents, independent contractors, and other connected entities from and against any and all claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
1. your use of or inability to use the Site or Services;
2. your User Content;
3. your violation of any of these Terms;
4. your violation of any intellectual property or other rights of a third party; or
5. your violation of any applicable laws, rules, or regulations.
Galaxie Brands reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Galaxie Brands in asserting any available defences.
Links to Third Party Sites
The Site may contain links to third party websites. Galaxie Brands has no control over such sites. You acknowledge and accept that Galaxie Brands is not responsible for the availability of such sites and that Galaxie Brands neither endorses nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites (“Third Party Content”). You further acknowledge and accept that Galaxie Brands is not directly or indirectly liable or responsible for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on Third Party Content.
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 of Ontario and the federal laws of Canada applicable therein, exclusive of the rules of private international law that lead to the application of the laws of any other jurisdiction.
The courts of Ontario shall have exclusive jurisdiction to hear any matter arising in connection to anything herein contained. You hereby attorn to the jurisdiction of the courts of Ontario for that purpose. Nothing in these Terms will prevent Galaxie Brands from: seeking injunctive or other equitable relief; seeking payment of amounts due, or; enforcing an award before any court having jurisdiction over any person or matter.
Currency
Unless otherwise indicated, all references to currency in this Agreement or on the Site are to the lawful money of Canada.
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Galaxie Brands with respect to the Site, the Content, the Services, your Account, and any information obtained through the Site by communication with Galaxie Brands personnel.
These Terms, together with the Regulated Service Terms, constitute the entire agreement between you and Galaxie Brands 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.
