The website at www.bloomhouse.ca (this “Website”) is owned and operated by BLOOM HOUSE CANNABIS CO. (“BLOOM HOUSE CANNABIS CO.”, “we”, “us”, and “our”). Information contained in this Website is for information purposes only. Access and use of this Website and its related services (the “Services”) are provided to you on condition that you accept these Terms. By accessing or using this Website or the Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use: (i) this Website; (ii) the BLOOM HOUSE CANNABIS CO. Materials (as defined below); or (iii) any of the Services.
These Terms, this Website, including the BLOOM HOUSE CANNABIS CO. Materials, and the Services may be amended or otherwise changed from time to time without notice. For the avoidance of doubt, BLOOM HOUSE CANNABIS CO. reserves the right to: (i) revise, modify, supplement or delete any information, materials, services and/or resources contained on this Website; and (ii) make such changes without prior notification to past, current or prospective visitors. It is your responsibility to check for such changes periodically. If you do not agree with any change, you must stop using or accessing this Website. Your continued access or use of this Website or the Services after any such change is posted on this Website will constitute your acceptance of the change.
This Website is hosted on servers in Ontario, Canada. Accordingly, your access and use of this Website shall be deemed to be provided in Ontario and subject to Ontario law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this Website (including the Services), you may not: (i) enter into these Terms; or (ii) access or use this Website or the Services. By accessing or using this Website you are explicitly stating that you have verified in your own jurisdiction that your access and use of this Website and the Services is allowed.
2. USE OF THIS WEBSITE
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
You may not interfere with the security of, or otherwise abuse, this Website, or any system resources, services or networks connected to or accessible through this Website. You may only access or use this Website for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of BLOOM HOUSE CANNABIS CO.’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms.
While accessing or using this Website, you agree to comply with all applicable laws, rules and regulations.
You further agree not to:
- mirror or frame any part of this Website without BLOOM HOUSE CANNABIS CO.’s express prior written consent; or
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without our express prior written consent.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity this Website or the Services. For example, BLOOM HOUSE CANNABIS CO. may, without notice, temporarily suspend your, or any other party’s, access to this Website (including the Services) if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as BLOOM HOUSE CANNABIS CO. may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
3. INTELLECTUAL PROPERTY
This Website (including BLOOM HOUSE CANNABIS CO. Materials and the presentation thereof) is the property of BLOOM HOUSE CANNABIS CO. and its licensors, and may be protected by intellectual property laws, including copyright law, trademark law, patent law and other laws of Canada and other applicable jurisdictions.
Subject to these Terms, you are granted a limited license only to display and print the materials and information contained in this Website (collectively, the “BLOOM HOUSE CANNABIS CO. Materials”) for your own personal, non-commercial use; provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate the BLOOM HOUSE CANNABIS CO. Materials, or any element thereof, in any manner or form whatsoever. Unless you have entered into a separate agreement with BLOOM HOUSE CANNABIS CO., any other use of the BLOOM HOUSE CANNABIS CO. Materials without BLOOM HOUSE CANNABIS CO.’s written permission is prohibited.
Any unauthorized use regarding publication, copying or modification of information in any of the BLOOM HOUSE CANNABIS CO. Materials, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.
4. ERRORS AND OMISSIONS
Although BLOOM HOUSE CANNABIS CO. believes the BLOOM HOUSE CANNABIS CO. Materials to be correct at the time they are posted, BLOOM HOUSE CANNABIS CO.: (i) does not warrant the accuracy, completeness or currency of same at all times; and (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the BLOOM HOUSE CANNABIS CO. Materials on this Website. Information contained in this Website does not constitute a solicitation or an offering of securities in any jurisdiction.
We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the BLOOM HOUSE CANNABIS CO. Materials at any time, without prior notice to you (including after an order has been placed by you).
You acknowledge and agree that access to and use of this Website and the Services is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
Collection of Personal Information
Bloom House Cannabis Co. and its agents and representatives collect personal information from patients, caregivers, healthcare practitioners, and others (an “Individual”) when an Individual registers for services, purchases products, or shares information through the Site or any other channel, and may from time to time collect additional personal information in the course of providing such products and services. Personal information we collect includes:
- An Individual’s given name, surname, address, telephone number, residential address, mailing address, and other contact information;
- An Individual’s gender, date of birth, daily dosage, primary symptoms/conditions, and other information set out on an Individual’s medical document and registration materials;
- The given name, surname, profession and address of the health care practitioner who issued a medical document on behalf of an Individual;
- If applicable, the consent of the health care practitioner to receive shipments on the Individual’s behalf;
- If applicable, the given name, surname, date of birth and gender of one or more persons who are responsible for the Individual, as well as contact information for such persons;
- Credit card or other payment information, where an Individual purchases a product or service from Bloom House Cannabis Co.;
- Ordering and shipping information, including order details about products sold or provided under the CANNABIS ACT;
- Information about an Individual’s preferences and feedback on our products and services,
- Demographic and profile data;
- Such other information we may collect with your consent or as permitted or required by law or regulation.
Use of Personal Information
Bloom House Cannabis Co. generally uses personal information for the following purposes:
- Meeting legal and regulatory requirements, including as follows:
- When registration materials are submitted to Bloom House Cannabis Co., Bloom House Cannabis Co. will use this information to verify an individual’s eligibility for registration under the Access to Cannabis for Medical Purposes Regulations (“CANNABIS ACT”); and
- Bloom House Cannabis Co. will periodically use an Individual’s ordering and shipping information to verify that orders are being fulfilled and tracked in compliance with the CANNABIS ACT.
- As is reasonably required to provide the requested services, products, or information, including as follows:
- When an Individual places an order, Bloom House Cannabis Co. will use that Individual’s profile and historical purchase data to assist with the transaction;
- When an Individual purchases a product or service from Bloom House Cannabis Co., Bloom House Cannabis Co. will use credit card or other payment information as reasonably necessary to process the transaction, and will use the Individual’s contact information as reasonably necessary to deliver the products or services;
- Bloom House Cannabis Co. will use an Individual’s account information to audit the integrity of its data.
- Managing, administering, collecting or otherwise enforcing accounts;
- Maintaining business records for reasonable periods, and generally managing and administering our business including defending and bringing legal actions;
- Meeting insurance, security and processing requirements;
- Analyzing, developing and improving its product services and offerings;
- Providing updates, alerts, bulletins, or other similar communications about our products and services;
- If you choose this option, providing news, promotions and other communications about products and services we think you may be interested in;
- Tailoring each Individual’s experience at the Site and to display the Site content according to the Individual’s preferences; and
- Otherwise with consent or as permitted by law.
From time to time, Bloom House Cannabis Co. may offer interactive services which allow the Individual to share information with other users of the Site, such as message boards, user reviews, or other similar functions. These features may permit the Individual to publish personal information about him or herself, or about another individual. By submitting such information, the Individual represents: (a) that the Individual consents to its collection, retention, and public disclosure on the Site; and (b) that the Individual has obtained the same consent from any other individuals, as applicable.
Disclosure of Personal Information
Bloom House Cannabis Co. discloses personal information in the following circumstances:
- Bloom House Cannabis Co. may be required under the CANNABIS ACT and other applicable legislation to disclose an Individual’s prescribing, registration, ordering, and shipment information to law enforcement personnel, provincial medical licensing bodies, and other regulatory or governmental bodies, including as follows:
- Bloom House Cannabis Co. is required to provide information regarding the prescribing activity of healthcare practitioners to provincial medical licensing bodies, along with information relating to orders and shipments generated on the basis of such prescriptions;
- Bloom House Cannabis Co. is required to provide information regarding ordering and shipment activities to Health Canada inspectors during inspections; Bloom House Cannabis Co. is required to respond to lawful access requests from law enforcement personnel regarding clients and caregivers.
- Bloom House Cannabis Co. may disclose information regarding an Individual’s registration status to that Individual’s clinic and healthcare practitioner(s) to perform verifications required under the CANNABIS ACT;
- Bloom House Cannabis Co. may disclose an Individual’s registration status and account history to an Individual’s health care practitioner or clinic in order to ensure patient safety, appropriate treatment, and continuity of care, and to perform verifications required under the CANNABIS ACT;
- If an Individual’s clinic or healthcare practitioner utilizes a technology platform to facilitate an Individual’s registration with Bloom House Cannabis Co., Bloom House Cannabis Co. may be required to share information regarding the Individual’s registration and account status with the platform provider as necessary to fulfill reporting requirements under Bloom House Cannabis Co.’s service agreement with the platform provider.
In addition to the above, personal information may be disclosed to our affiliates (including outside of Canada) for internal audit, management, billing, or administrative purposes including defending and bringing legal actions. Bloom House Cannabis Co. may also disclose personal information:
- to law enforcement agencies for the purposes of investigating fraud or other offences, in connection with the prevention or investigation of suspected fraudulent activities or harm to individuals or property, to establish or exercise our legal rights or defend against legal claims, or in connection with an emergency that warrants use or disclosure of the information;
- to third party insurers, for billing and administrative purposes;
- to legal, financial, insurance, and other advisors in connection with the sale, reorganization, or management of all or part of its business or operations;
- as consented to by an Individual from time to time, including to fulfill any other purposes that are identified when the personal information is collected.
Bloom House Cannabis Co. will not use or disclose personal information for purposes other than those for which it was collected, except with an Individual’s consent or as required or permitted by law. Consent may be express or implied, and given in writing by using or not using a check-off box, electronically, orally, or by the Individual’s conduct, such as purchase or use of the services or products.
Cookies and IP Addresses
The file containing Individual personal information will be maintained in Bloom House Cannabis Co.’s servers or those of its service providers. Bloom House Cannabis Co.’s employees, representatives or agents will have access to an Individual’s personal information as necessary in connection with their role. Bloom House Cannabis Co. protects against the loss, misuse, and alteration of personal information with security measures appropriate to the sensitivity of the information, including through the use of physical, organizational, and technological measures and appropriate training of employees.
An Individual may opt out of receiving further communications by using the unsubscribe mechanism at the bottom of our email communications or by contacting the Bloom House Cannabis Co. using the contact information provided below. Any such opt-out will not apply to any communications that are required by law, such as to comply with obligations under the CANNABIS ACT.
6. COMMUNICATIONS THROUGH THIS WEBSITE
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. BLOOM HOUSE CANNABIS CO. is not liable for any damages related to communications to, or from, this Website or the Services.
7. YOUR COMMENTS
Feel free to e-mail or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) BLOOM HOUSE CANNABIS CO. and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are non-confidential; (iii) BLOOM HOUSE CANNABIS CO. and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.
Access and Corrections
8. LINKS TO THIRD PARTY WEBSITES
Links from or to websites outside this Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to this Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. BLOOM HOUSE CANNABIS CO. shall not be a party to any transaction between you and any third party including any third party advertising on this Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.
THE BLOOM HOUSE CANNABIS CO. MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING DIFFERENT STRAINS OF MEDICAL CANNABIS AND THEIR POTENTIAL SUITABILITY FOR TREATING DIFFERENT DIAGNOSES, ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. YOU ARE ADVISED TO SEEK SPECIFIC LEGAL AND/OR MEDICAL ADVICE BY CONTACTING A PROFESSIONAL.
THIS WEBSITE, THE SERVICES, THE PRODUCTS AND THE BLOOM HOUSE CANNABIS CO. MATERIALS ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF THE BLOOM HOUSE CANNABIS CO. MATERIALS, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES, THE PRODUCTS AND THE BLOOM HOUSE CANNABIS CO. MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLOOM HOUSE CANNABIS CO. OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS (COLLECTIVELY, THE “BLOOM HOUSE CANNABIS CO. PARTIES”) BE LIABLE TO YOU FOR ANY (A) INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (EVEN IF ANY OF THE BLOOM HOUSE CANNABIS CO. PARTIES IS MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES), OR (B) ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE), (III) THE BLOOM HOUSE CANNABIS CO. MATERIALS, (IV) THE SERVICES, (V) THE PRODUCTS, AND (VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, THE BLOOM HOUSE CANNABIS CO. PARTIES’ TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE), (III) THE BLOOM HOUSE CANNABIS CO. MATERIALS, (IV) THE SERVICES, (V) THE PRODUCTS, AND (VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF: (A) TWENTY ($20.00) DOLLARS (CAD); AND (B) THE AMOUNTS PAID BY YOU FOR ANY PRODUCTS PURCHASED BY YOU THROUGH THIS WEBSITE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FINAL EVENT GIVING RISE TO SUCH LIABILITY.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR BLOOM HOUSE CANNABIS CO. TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY BLOOM HOUSE CANNABIS CO., BLOOM HOUSE CANNABIS CO. WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.
Please note that certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you; and in any such case, our liability will be limited to the maximum extent permitted by law.
IN CONSIDERATION FOR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY THE BLOOM HOUSE CANNABIS CO. PARTIES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, THREATS, ACTIONS, PROCEEDINGS, EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) IN ANY WAY ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING IN CONNECTION WITH ANY PRODUCTS OFFERED THROUGH THIS WEBSITE OR THE USE OF ANY INFORMATION CONTAINED IN OR OBTAINED THROUGH THIS WEBSITE, THE SERVICES, YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAW OR REGULATION, OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THIS WEBSITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU INFRINGE UPON ANY THIRD PARTY PROPRIETARY RIGHTS.
12. TERM, TERMINATION AND SUSPENSION
As above, BLOOM HOUSE CANNABIS CO. may, at its sole discretion, at any time and from time to time, without notice, suspend your ability to use this Website and the Services and/or terminate these Terms or any of the licenses granted hereunder. Upon termination of these Terms, you shall immediately cease and desist from all use of this Website and the Services.
Sections 7, 9, 10, 11, 13, 14, 15 – 18 will survive any termination or expiry of these Terms.
13. ENTIRE AGREEMENT
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
These Terms are not assignable, transferable or sub-licensable by you except with BLOOM HOUSE CANNABIS CO.’s prior written consent. We may assign, transfer or convey these Terms, or any of our rights hereunder to a third party without notice to you.
If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
18. GOVERNING LAW
Any claims or disputes arising from, related to, or in connection with (i) these Terms, (ii) this Website, (iii) the BLOOM HOUSE CANNABIS CO. Materials, (iv) the Services, (v) the Products, and (vi) your access, use, or reliance of any of the foregoing (each a “Dispute”) will be resolved in accordance with the laws in the Province of Ontario without regard to its conflict of law rules. Any such claims or disputes must be brought before the courts in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the BLOOM HOUSE CANNABIS CO. Parties relating to any Dispute and you also agree to opt out of any class proceedings against BLOOM HOUSE CANNABIS CO..
19. CONTACT INFORMATION
If you need to contact us regarding this Website, the Services, the Products or these Terms, please contact us.
© Copyright . Bloom House Cannabis Co. All Rights Reserved.ota.studio