- Section 18 of these Terms of Service contains a class action waiver and waiver of jury trial. By accepting these Terms of Service, you agree to be bound by such provisions. These Terms of Service also contain (i) a limitation of liability that may limit the amount of damages to which you are entitled; and (ii) indemnities with respect to Losses (as defined below) that MIRAGE CANNABIS may suffer in connection with your use of the Services (as defined below).
- ACCEPTANCE OF TERMS
The following Terms of Service (“TOS”) govern your access or use of http://mirragecannabis.ca/ (the “Website”) and the content, information, and services provided through the Website or other software provided by 2752052 Ontario Ltd. o/a Mirage Cannabis (collectively, the “Services”; and 2752052 Ontario Ltd. o/a Mirage Cannabis is referred to in these TOS as “MIRAGE CANNABIS”, “we”, or “us”). We may update these TOS from time to time without notice to you. In addition, when using MIRAGE CANNABIS’ Services, you will be subject to any guidelines or rules applicable to such Services that MIRAGE CANNABIS may post from time to time. All such guidelines or rules are deemed to be part of these TOS.
Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these TOS for the purposes of the applicable Services. Supplemental terms shall prevail over these TOS in the event of a conflict with respect to the applicable Services.
If you are using our Services as a representative (a “Representative”) acting on behalf of a business, company, or other legal entity (in such event, for the purposes of these TOS, “you” and “your” (except as used at the beginning of this sentence) refer to that business, company, or other legal entity), then:
- you accept these TOS, and you will be responsible for any act or omission of any employees, contractors, or third party agents using the Services (or providing services through the Services) on your behalf;
- you and your Representative represent and warrant that the Representative has the authority to bind you to these TOS; and
- you covenant that you have the right, power, and authority to enter into these TOS, perform your obligations, and grant the rights, licences, and authorizations in these TOS.
- DESCRIPTION OF SERVICES
MIRAGE CANNABIS provides the Services so that people can purchase cannabis and cannabis derivatives and learn more about MIRAGE CANNABIS’ products. Unless MIRAGE CANNABIS states otherwise, any new features, programs and services that augment or enhance the Services will be subject to the TOS. You agree that the Services are provided “AS-IS” and that MIRAGE CANNABIS assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any data, user communications or personalization settings or their quality or accuracy.
You may not access the Services from territories where the Services or any content or functionality of the Services are prohibited.
- YOUR REGISTRATION OBLIGATIONS; ACCURACY OF INFORMATION; PERMITTED USERS
We reserve the right to decline to provide Services to any person for any or no reason.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information when you sign up for the Services (the “Registration Data”) and with respect to any payment information requested; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, materially inaccurate or incomplete, or if you do not keep it current, or if MIRAGE CANNABIS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MIRAGE CANNABIS has the right to suspend or terminate your account and refuse your access to or use of the Services.
The Services are not intended for individuals under the age of 19. You hereby affirm that you are over the age of 19. If you are under 19 years of age, then you may not use the Services.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. We are not liable for any damages to your equipment resulting from the use of the Services.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur when your password or account are used. You agree to (a) immediately notify MIRAGE CANNABIS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MIRAGE CANNABIS will not be liable for any loss or damage arising from your failure to comply with these TOS.
You agree to indemnify and hold MIRAGE CANNABIS, and its subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, costs (including reasonable legal fees), obligations, liabilities, awards, judgements, fines, penalties, damages, or other charges (collectively, “Losses”) with respect to any claim, action, proceeding, demand, lawsuit, cause of action, or investigation of any nature whether at law or equity (collectively, “Claims”) by a third party arising from or related to your negligence or wilful misconduct, your violation of these TOS, or your violation of any rights of another person.
You also agree to indemnify and hold the Indemnified Parties harmless for any Losses arising from or related to your violation of these TOS or your negligence or wilful misconduct. The foregoing shall apply to direct Claims.
- PAYMENT AND BILLING
From time to time, information on the Services may contain typos, inaccuracies, or omissions with respect to pricing, service offerings, promotional offers, and other matters. We reserve the right, without prior notice, to correct any errors, inaccuracies or omissions, to change or update information, and to refuse or cancel orders if any information on the Services contains a typo, inaccuracy, or omission at any time (including after you have submitted your order and after your credit card or other payment method have been charged).
We may limit the number of promotions for which you may be eligible in a given period. In addition, certain promotional offers may apply to the first time that you are awarded work by MIRAGE CANNABIS.
We will use commercially reasonable efforts to have your order ready for pickup at the time that you have selected, though we cannot guarantee that it will be ready at that time.
- NO RESALE; RETURNS
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, access to the Services or any proprietary information of MIRAGE CANNABIS contained in the Services.
Customers may return any cannabis products and accessories in Original Condition for a refund or exchange within 14 days from the purchase date. “Original Condition” means that the product is in the original, sealed condition that it was in at the time it was purchased by you. Without limiting the foregoing, any used or opened items are not eligible for return or exchange. We are not obligated to process any returns unless you provide the applicable receipt or proof of purchase. To the extent you ship any products or accessories to us for return, you shall be responsible for any shipping (or equivalent) charges, if any.
All discounted orders are final sale; they are not eligible for any exchanges or refunds.
- MODIFICATIONS TO SERVICES
MIRAGE CANNABIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MIRAGE CANNABIS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or your access thereto.
You agree that MIRAGE CANNABIS, in its sole discretion, may terminate your password, account or use of the Services, and remove and discard any content accessible via the Services (provided that it is in compliance with applicable laws), for any reason, including, without limitation, for lack of use or if MIRAGE CANNABIS believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MIRAGE CANNABIS may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, without notice. Further, you agree that MIRAGE CANNABIS will not be liable to you or any third-party for any termination of your access to the Services or expungement of your information.
- MIRAGE CANNABIS’ PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any proprietary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content accessible via the Services and information presented to you through the Services is protected by the law of copyright, trade-mark, service mark, patent or other proprietary rights laws. Except as expressly authorized by MIRAGE CANNABIS or its information partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
MIRAGE CANNABIS grants you a personal, non-transferable and non-exclusive right to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create any derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code for the Services, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or the underlying software. You agree not to obtain or attempt to obtain unauthorized access to the Services or the underlying software. You agree not to access the Services by any means other than through the interface that is provided by MIRAGE CANNABIS for use in accessing the Services.
You represent and warrant that you own or otherwise control all the rights to the content that you post, that the content is accurate, and that use of the content you supply does not violate these TOS and will not cause injury to any person or entity. You represent and warrant that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content, and we take no responsibility and assume no liability for any content posted by you or any third party.
If you provide MIRAGE CANNABIS with any feedback on or comments regarding the Services, you grant us the right to use such feedback or comments for any purpose without restriction or payment to you.
- IDENTIFICATION REQUIREMENTS AND OTHER CANNABIS MATTERS
You agree that you will not place an order on the Services unless you are the legal age for the consumption and purchase of cannabis and cannabis derivatives. You agree to provide valid government-issued identification proving your age when you come to one of our stores to pick up your order. If you do not provide sufficient identification, we have no obligation to provide you with any products. You agree to consume any products that you purchase from us responsibly and not to drive under the influence of such products. You agree that you shall not provide any such products to anyone who is under the legal age for the consumption of cannabis and cannabis derivatives. You agree to keep such products out of the reach of any minors.
There are laws and regulations that restrict the amount of cannabis or cannabis derivatives that you are permitted to purchase. We reserve the right to place limits on your purchases and to prevent you from picking up orders if they exceed these limits. We also reserve the right not to allow you to pick up your order if you are intoxicated or appear to be intoxicated.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIRAGE CANNABIS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MIRAGE CANNABIS MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED BY YOU AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIRAGE CANNABIS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
- THE CONSUMPTION OF CANNABIS AND CANNABIS DERIVATIVES CAN BE DANGEROUS AND CAN LEAD TO SERIOUS INJURY OR DEATH. ALWAYS CONSULT A DOCTOR BEFORE CONSUMING ANY CANNABIS OR CANNABIS DERIVATIVES, AND ENSURE THAT YOU USE SUCH PRODUCTS RESPONSIBLY.
- THE CANNABIS AND CANNABIS DERIVATIVES THAT WE SELL ARE PURCHASED FROM THE ONTARIO CANNABIS STORE. WE DO NOT HAVE THE ABILITY TO PERFORM QUALITY CONTROL ON THE PRODUCTS. WE DO NOT MANUFACTURE ANY OF THE PRODUCTS THAT WE SELL THROUGH THE SERVICES.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:
- MIRAGE CANNABIS AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE “MIRAGE CANNABIS PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONE OR MORE OF THE MIRAGE CANNABIS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR ACCESS OR USE, OR YOUR INABILITY TO USE, THE SERVICES, INCLUDING ANY PRODUCTS OR SERVICES PURCHASED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES; (ii) THE COST OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
- IN NO EVENT SHALL THE MIRAGE CANNABIS PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES OR CLAIMS RELATING TO THE SERVICES (INCLUDING ANY SERVICES PROVIDED BY MIRAGE CANNABIS PARTIES THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES OR ANY PRODUCTS PURCHASED FROM MIRAGE CANNABIS OR PROVIDED BY YOU, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES) EXCEED THE GREATER OF (I) $500; AND (II) THE AMOUNTS PAID BY YOU TO MIRAGE CANNABIS IN THE 6 MONTHS PRIOR TO THE BRINGING OF ANY CLAIM.
- THE MIRAGE CANNABIS PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES TO YOU TO THE EXTENT OCCURRING ON ANY PROPERTY THAT WE RENT OR OWN, INCLUDING ANY OF OUR STORE LOCATIONS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT THE MIRAGE CANNABIS PARTIES ARE THIRD PARTY BENEFICIARIES OF THESE TOS AND HAVE THE RIGHT TO ENFORCE THESE TOS AGAINST YOU.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES. IN THOSE JURISDICTIONS, THE WARRANTIES AND CONDITIONS OF MIRAGE CANNABIS WILL BE THE MINIMUM REQUIRED BY LAW AND THE LIMITATION OF LIABILITY WILL BE AS BROAD AS MAY BE CONSTRUED BY APPLICABLE LAW.
Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you via the Services.
- TRADE-MARK INFORMATION
Without MIRAGE CANNABIS’ prior permission, you agree not to display or use in any manner, any of MIRAGE CANNABIS’ trade-marks, including “MIRAGE CANNABIS”.
- APPLICABLE LAW; DISPUTE RESOLUTION; GENERAL INFORMATION;
These TOS governs your use of and access to the Services, superseding any prior agreements between you and MIRAGE CANNABIS respecting your use of and access to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The section titles in these TOS are for convenience only and have no legal or contractual effect.
These TOS and the relationship between you and MIRAGE CANNABIS will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
The failure of MIRAGE CANNABIS to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties to these TOS (the “Parties”) nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you have arising out of or related to use of the Services or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
To the fullest extent permitted by applicable law, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute, controversy or claim (a “Dispute”) arising out of or in connection with these TOS or your use of the Services.
The rights and obligations of the Parties set forth in this Section, Sections 6, 13, and 14, and any other provision in these TOS which, by its nature, should survive termination of these TOS, will survive any such termination.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND MIRAGE CANNABIS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU AND MIRAGE CANNABIS AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTES. UNLESS BOTH YOU AND MIRAGE CANNABIS AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
- ENGLISH LANGUAGE
The parties have required that this agreement and all documents and notices resulting from it be drawn up in English. Les parties aux présents ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.