TERMS AND CONDITIONS MYMEDI.CA
- Ownership of Website; Acceptance of the Website Terms and Conditions of Use
This website from which you are accessing these Terms and Conditions of Use, located at MyMedi.ca (“Website”), together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”) is created and maintained by Avicanna Inc. Avicanna Inc., and all of its divisions, affiliates, and subsidiaries, may also be referred to herein as “we”, “us”, “our”, or “Avicanna”. The following Terms and Conditions constitute a legal agreement entered into by and between you and us that governs your access to and use, including any content, functionality, and services offered on or through the Website. You may access the Website through a computer, mobile phone, tablet, console, or other technology (a “Device”).
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise, change, modify, update, add or remove portions of these Terms and Conditions at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment comes into force. We will ensure that the latest, fully amended version of these Terms and Conditions is published on the Website. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications. If any modification is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Website as set out in these Terms and Conditions without cost, penalty or cancellation indemnity, by sending us a notice to that effect no later than thirty (30) days after the amendment comes into force. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
- Intellectual Property Rights and Ownership
All of the names, titles, logos, and designs on this Website identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks that are property of Avicanna or licensed to Avicanna. The names, titles, logos and designs that are not property of Avicanna but have been licensed to Avicanna and appear on this Website are the property of their respective owners.
This Website may contain copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of this Website also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Content original to us and in our selection, coordination, arrangement, and enhancement of the Content.
No Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent. The use of any Content on any other website is prohibited. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
- Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as restricted and confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:
(a) accessing or attempting to access content, data, documents, or information that is not intended for you;
(b) attempting to breach or breaching the security and/or authentication measures which are not authorized;
(c) restricting, disrupting or disabling service to users, hosts, servers or networks;
(d) illicitly reproducing TCP/IP packet header;
(e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;
(f) using any deep-link, page-scrape, robot, spider, or other automatic device, process, algorithm, methodology, or means to access any portion of the Website for any purpose, including monitoring or copying any of the material on the Website;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
(i) otherwise attempting to interfere with the proper working of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content.
- Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions as updated from time to time by us.
The following Content Standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “Submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
(e) Involve, provide or contribute any false, inaccurate or misleading information.
(f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the above stated Site Content Standards.
(g) Impersonate or attempt to impersonate us, an Avicanna employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(h) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(i) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
(j) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(k) Promote any illegal activity, or advocate, promote, or assist any unlawful act orgive the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
- No Warranty
The content on our Website is provided for general information purposes only. It is not intended to substitute for medical advice; to provide diagnosis; or to act as a substitute for professional advice. All specific questions or concerns should be addressed with your healthcare advisors.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and neither us, nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Website. The material may contain inaccuracies or typographical errors. The material is provided “as is” and “as available”. Avicanna Inc does not make any warranties, whether express or implied, respecting any information, services or products described and offered from this Website, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items found or attained through the Website or to your downloading of any material posted on it, or on any website linked to it.
- Third Party Websites
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them.
- Geographic Restrictions
The owner of the Website is based in Ontario in Canada. We administer and operate our Website from its location in Ontario, Canada; other Avicanna sites may be administered and operated from various locations outside Canada. The information provided in this Website is provided for Canadian residents only. Avicanna Inc makes no representations that the material is appropriate for residents of other jurisdictions. Any product or merchandise referred to in this Website is only intended for the Canadian market. Avicanna Inc makes no representations that these products or merchandise are available anywhere outside Canada or are legal for sale in any jurisdiction outside Canada.
- Limitation on Liability
By visiting this Website, you acknowledge that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Website or utilized by you, for any human or technical error of any kind, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL AVICANNA BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE OR MERCHANDISE, PRODUCT, SERVICES OR OTHER REWARDS OFFERED THROUGH THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Avicanna, its parent, subsidiaries, affiliates, and their respective directors, officers, shareholders, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
- Governing Law and Jurisdiction
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Entire Agreement
- Reporting and Contact
This website is operated by Avicanna Inc., 480 University Avenue, Suite 1502, Toronto, Ontario, M5E 1R4.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to us at email@example.com
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.
These Terms and Conditions of Use were update on July 28, 2023.