Elmwood Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This Website is only for the use of individuals who are 19 years of age and over. By proceeding to use this Website, you represent that you are 19 years of age or older.
The following terms and conditions govern your use of the website owned by Elmwood Cannabis Co. (“Elmwood”), operating under the brand name of Elmwood Cannabis Retail Store. This website, www.elmwoodcannabis.com, (hereinafter collectively referred to as the “Website”), is owned by the Elmwood.
Elmwood can change these Terms and Conditions at any time without prior notice by posting changed Terms and Conditions on the Website. Please have a look at the Website regularly for any changes. The last update of these Terms and Conditions was on November 20th, 2021. Regardless, you agree that by accessing and using the Website you are bound by these Terms and Conditions as may be changed from time to time.
These Terms & Conditions apply to the entire website and any email or other type of communication between you and Elmwood. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
These Terms & Conditions are an Agreement between you and Elmwood (referred to in these Terms & Conditions as “Elmwood”, “us”, “we” or “our”), the provider of the Elmwood website and the products acquirable from the Elmwood website (which are collectively referred to in these Terms & Conditions as the “Products”).
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, they are strictly defined as:
Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Elmwood Cannabis Co., who is responsible for your information under these Terms & Conditions.
Country: where Elmwood or the owners/founders of Elmwood are based, in this case is Canada.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit the Website and use the services.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: Elmwood’s website, found at www.elmwoodcannabis.com.
You: a person or entity that is registered with Elmwood to purchase Products, a visitor to the Website that may or may not be registered and persons or entities that purchase products via the Website that are not registered.
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Elmwood or its affiliates, partners, suppliers or the licensors of the website.
LIMITATION OF LIABILITY
Elmwood shall never be liable for any direct, indirect, special, incidental, consequential, compensatory or punitive damages or losses, or losses of income, loss of profits, business interruption, loss of data or business information, or loss of or damage to property, or claims of third parties, or other pecuniary loss, arising out of or related to this agreement, the use of the Website, the use of any other page or site accessible from the Website or profit, arising out of the use, or the inability to use, the materials on this site, even if Elmwood team or an authorised representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. In no event will Elmwood’s total liability arising out of or related to this agreement or to any such acquisition or use of products exceed the cost of replacement of such products.
You agree to indemnify, defend and hold Elmwood harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:
- your infringement of any Elmwood or third-party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of the Website;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, the Website; (ii) use of the Website for any illegal purpose; or (iii) use of the Website to achieve any unauthorised or prohibited access to computer systems and data;
- your use of the Website; and
LINKS TO OTHER WEBSITES
These Terms & Conditions apply only to the Products and this Website. The Website may contain links to other websites not operated or controlled by Elmwood. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
MODIFICATIONS AND UPDATES
Elmwood reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to you.
Elmwood may from time to time provide enhancements or improvements to the features/ functionality of the Website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Website. You agree that Elmwood has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that Elmwood shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Elmwood does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorised to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorised by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorised to act on behalf of the owner.
The Website is provided to you “as is” “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Elmwood, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Elmwood provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Elmwood nor any Elmwood’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Elmwood are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and Elmwood’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND ELMWOOD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Elmwood with respect to the website shall remain the sole and exclusive property of Elmwood.
Elmwood shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
The materials (the "Materials") contained in the Website including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, Elmwood and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of Elmwood. Nothing in these Terms & Conditions or on the Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any of the marks or names or any other intellectual property right of Elmwood.
Elmwood may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods on or through the Website, which terms and conditions are made a part of this Agreement by this reference.
Don’t hesitate to contact us if you have any questions.
Via Email: [email protected]
Version Number: 2
Version Date: November 20th, 2021