Terms of Use

This website Medical Cannabis Practitioners (“Website”), owned and operated by Medical Marijuana Practitioners Inc. (herein “MMJP” or “us” or “we” or “our”) is subject to the following terms and conditions of use, as amended from time to time in accordance with the terms described (collectively, “Terms of Use”). These Terms of Use were last updated on Mar 16th, 2021. The Terms of Use, our Privacy Policy, together with any additional terms, conditions or disclaimers found on the Website (collectively, the “MMJP Policies”) should be reviewed in detail. The MMJP Policies are a legal agreement between and apply to every person who accesses and uses the Website, including, without limitation, site visitors, patients, merchants, vendors and/or contributors of content (“you”) and MMJP. In order to view and/or purchase our products (“Product”) through the Website, you will be required to agree to the MMJP Policies. If you are a visitor to this Website, by accessing and using this Website you agree to be bound by and comply with all of the MMJP Policies. If you do not agree with any of the MMJP Policies, you are not authorized to access or use the Website or any of its services, including, without limitation, ordering any Product.

 

Your Privacy and Personal Information

Any personal information provided to us through the Website may be collected, used and/or otherwise

disclosed by us in accordance with our Privacy Policy. You acknowledge that you have read, understood

and agree to the terms of the Privacy Policy.  MMJP is committed to helping both patients and doctors better understand the benefits and utility of cannabis as a

medical tool, for a variety of ailments. We use voluntary, aggregated, and anonymous health data as a

part of that research program. As a MMJP client you are under no obligation to participate, and if you

would like your data to be excluded from this research program, you can opt-out. If you would like more

information about our research program, please feel free to contact us as indicated in our

Privacy Policy.

Your Warranties to MMJP

You represent and warrant that you (i) will only use the Website for lawful purposes and not for any

unauthorized purpose or in contravention of any applicable law or regulation, including, without limitation,

the Cannabis Act of Canada issued pursuant to the Canadian Controlled Drugs And Substances Act; (ii)

are a resident in Canada and at least the age of majority in the state or province in which you reside and

are legally capable of entering into a binding contract; and (iii) will not attempt to circumvent or otherwise

interfere with the Website’s security features or gain unauthorized access thereto.  

Use of the Website

You consent to receive invitations from MMJP to participate in surveys, studies or other research projects

relating to your use of Products or services offered by MMJP which may be conducted by MMJP or by

third parties. This research may be directed to improving MMJP services, or to better understand the

medicinal uses of cannabis products, generally. Participation in any such research project will be entirely

voluntary and your personal information will not be used or disclosed in any such research project without

your express consent. You may withdraw consent to receive such invitations at any time by unsubscribing

in the manner provided in communications you receive from us or by contacting us by email

at support@mmjp.ca

by mail at MMJP, 360 Scott St., St. Catharines, Ontario, L2N 1J5, or by phone at

905-994-9417.

Payment

You agree to pay for all Products, plus applicable taxes, purchased from the Website. Payment may be

made by credit card and your payment will be

processed by our third-party payment processor, Square, Inc. Please see our Privacy Policy for a

description of your information that we may share with our payment processor in order to process your

payment. In the event that your insurer or other similar entity provides coverage for a portion of the price

of your order, you will be required to pay the balance at the time of purchase. You hereby acknowledge

and agree that you shall at all times remain fully liable for the entire cost of the Products that you

purchase from us. We retain the right to do whatever is necessary in order to collect any unpaid balances

from you, including, without limitation, to invoice any outstanding amounts to any credit cards associated

with your account, without further notice to you. In the event that your insurer or other similar entity provides you with coverage for the purchase of any of our Products, and provided that we

obtain approval from your Insurer to do so, we may elect, as we deem appropriate, to invoice your Insurer

directly for a claim (an “Insurance Claim”) on your behalf for all or a portion of the cost of such Products.

Any such Insurance Claim shall be subject to any limitations imposed by your Insurer. In such event, you

hereby consent to the disclosure by us of any information as your Insurer may require in obtaining such approval and/or processing an Insurance Claim on your behalf.

Product Availability and Pricing

The Products offered for sale on the Website may include Products that are specifically offered as

consumption aids. Please be advised that none of such Products, if any, are approved medical devices as defined in the Food and Drug Act and/or the Medical Devices Regulations and we accordingly make

no representation or warranty regarding the suitability or efficacy of same for any medical or therapeutic

purpose. You acknowledge and agree that in the event that we have reasonable grounds to believe that

you have made an order in contravention of applicable law, we are entitled to cancel your order and notify

the applicable authorities, while reserving our right to pursue any other available rights and remedies

against you at law.

Shipping Policy and Return and Exchange Policy

Orders received and accepted prior to 1:00 p.m. (Eastern Standard Time) on any business day (the “

”) will typically be processed and shipped on the same business day.  Orders received and

accepted following the Cut-Off Time will typically be processed and shipped on the immediately following

business day. We shall not have any liability to you or any other person in the event of any failure to ship

within such designated ship times or to be delivered to you in any specific period of time. All of our

Products are shipped in courier packages to the shipping address provided at time of check-out.  No package from our facility will disclose its

contents or indicate its origin in order to ensure that our patients’ privacy will be highly safeguarded. None

of our Products will be shipped to patients who reside outside of Canada.

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MMJP is not able to accept shipment returns of any of its Product. If you are experiencing an issue with

the Product you purchased, please contact our supplier at cs@tvape.ca or call 1-855-234-8273.

Subject to our obligations pursuant to The Cannabis Act, we reserve the right to refuse to sell any of our Products to any person, as we may determine in our sole and unfettered discretion. We further reserve the right to make any changes to the Website as we deem appropriate without further notice to you, including, without limitation, cancelling, modifying, suspending or discontinuing any feature thereof and/or any of the Products or services provided thereby. The use of our Website may be subject to any additional rules and regulations that we may impose from time to time as we deem appropriate.

Information on the Websitepage3image369945376

While we use reasonable efforts to prevent this from happening, the Website may contain spelling,

grammatical or other typographical errors or pricing errors and other errors, inaccuracies or omissions

(collectively). We reserve the right to remedy any such Errors and to modify any information on

the Website at any time, without prior notice, but are not obligated to do so. We further reserve the right to cancel or refuse to fulfill any order made on the Website based on any such Errors.

Any links from the Website to other websites are provided for convenience only. MMJP does not review,

endorse, approval or control, and is not responsible for any sites linked from the Website, the content of

those sites or the products or services provided. Your access and viewing of any third-party sites is

conducted at your own risk. You are strongly advised to check the terms and conditions of use and the

privacy policies of these external portals or websites before entering or making use of them. If you wish to

create a hyperlink to this Website please contact support@mmjp.ca. No “deep links” into the Website are

permitted. By linking (to the extent permitted), you agree that MMJP may require the link to be removed if,

in MMJPs’ sole opinion, any aspect of the linking portal or website, its content or any other matter relating

to the link is objectionable to MMJP.

The Website, including any content made available on or through the Website, and all Products are

provided on an “as is” and “as available” basis. To the maximum extent permitted by law, MMJP

expressly disclaims all warranties and conditions of any kind, express, implied or collateral, including

without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant the accuracy or completeness of any content accessed through the Website. Information that is periodically updated may not be current at the moment you visit the Website and may contain errors. We make no warranty that the Website or any Products will meet your requirements; that the operation of the Website will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the Website is free of viruses or other harmful

components. Your use of the Website and its content is at your sole risk. You are responsible for verifying

any content before relying on it. For greater certainty, you agree that all risk associated with the use of, or

reliance on, any content of the Website rests with you. You further agree that we will not be responsible

or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in

connection with your use of, or reliance on, any content of the Website. We are not responsible for errors

or delays or failures in transmission over the Internet or any wireless network or errors or delays or results

caused by or attributable to the use of or reliance on any third- party smartphone or similar device or

technology. If you are dissatisfied with the Website or with any Products, you agree that your sole and

exclusive remedy shall be to discontinue using the Website and any such Products. Some jurisdictions do

not permit limitations on or exclusions of certain implied warranties, or the exclusion or limitation of certain damages; therefore the above limitations may not apply to you in certain circumstances.

No Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MMJP PARTIES BE

LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT,

INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES ARISING OUT

OF or RELATED TO THIS WEBSITE, THE PRODUCTS, YOUR USE, INABILITY TO USE, OR THE

RESULTS OF USE OF, THE WEBSITE OR ANY PRODUCTS (OR ON YOUR RELIANCE ON ANY

CONTENT OR PRODUCTS), ANY WEBSITES LINKED TO THE WEBSITE, OR THE CONTENT OF

THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL

THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE

EVENT THAT MMJP IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE

TO YOU AND THE FOREGOING LIMITATIONS AND EXCLUSIONS NOT ENFORCEABLE, THEN

MMJP’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES SHALL BE LIMITED TO FIFTY DOLLARS ($50.00). THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, PRODUCTS AND ANY CONTENT PROVIDED IS ASSUMED BY YOU.

Indemnification

You agree to defend, indemnify and hold harmless the MMJP Parties from and against any claims,

actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including

without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from or

in any connection with your (or any user of your account’s): (a) breach of these Terms of Use; (b) your

access to, use of or reliance upon the Website, including in connection with any Products offered and

procured through the Website; (c) uploading to or other provision of or disclosure to MMJP of any

registration data or any other information or data and the use of same by MMJP or other person as

contemplated hereunder; (d) any breach of applicable law; (e) uploading of any information or content to

the Website, including to the extent resulting in the breach of a third-party proprietary or privacy right. We

shall provide notice to you of any such claim or losses and shall reasonably assist you, at your expense,

in defending any such claim.

No Waiver Severability / Electronic Documents

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MMJP’s failure or delay to enforce any of the terms and conditions under these Terms of Use shall not

operate as a waiver of any of MMJP’s rights or privileges under these Terms of Use

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or

unenforceable in any respect, then the remaining provisions of this Agreement, or the application of such

provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not

be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the

extent granted by law. This electronic document, and all other electronic documents referred to or

incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with

all statutory, contractual, and other legal requirements for a writing; and (ii) legally enforceable as a

signed writing as against the parties subject to the electronic documents. A printed version of these

Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or

administrative proceedings based upon or relating to these Terms of Use to the same extent and subject

to the same conditions as other business documents and records originally generated and maintained in

printed form.

Revisions and Updates

Language

MMJP may, at any time, provide you with the opportunity to review the amended Terms

of Use; and require that you accept the amended Terms of Use prior to being permitted to continue to

access and use the Website. Your agreement to the amended Terms of Use shall become effective at the

time you indicate your agreement to MMJP.

English shall be the language of this Website and all transactions occurring in connection with it. You

waive any right to use and rely upon any other language or translations. Il est de la volonté expresse des

parties que le présent website et tous les affaires qui s’y rapportent soient rédigés en langue anglaise,

exception faite des documents pour lesquels la loi exige l’usage exclusif du français.

Trademarks

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All product, brand and company names and logos and trademarks displayed on the Website are the

trademarks of MMJP (or its suppliers or third-party licensors). Any use of any of the marks appearing on the Website without the express written consent of MMJP is strictly prohibited.

The Website and its contents are designed to comply with Canadian laws and regulations. Although the

information on the Website is accessible to users outside of Canada, it and its content and use are

intended for access and use by Canadian residents only. The Website is administered by MMJP from a

location in Ontario, Canada. You acknowledge and agree that your use of the Website and all of the

communications, transmissions and transactions associated with the Website and the provision of

Products shall be deemed to have occurred in the Province of Ontario, Canada, and you and MMJP

agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance

with the laws of the Province of Ontario, Canada and that the law of the Province of Ontario is the proper

law. The parties irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in

respect of all matters and disputes arising hereunder. You agree with MMJP that, in the event that there

is a dispute under the MMJP Policies, such dispute is to be resolved in a court of law, such dispute shall

not be resolved by jury trial and each party hereby waives any right to trial by jury.

Contact / Notices

All notices and communications by or to a party shall be in writing and shall be deemed to have been duly given when made via e-mail to support@mmjp.ca for notices to MMJP, or to the e-mail address that you provided to MMJP as part of registration for notices to you.