TERMS AND CONDITIONS

Please review these Terms and Conditions of use (“Terms”) carefully before using this website (Retail.AlbertaCannabis.org) as they govern your use of it. The website is owned by the Alberta Gaming, Liquor & Cannabis Commission (AGLC).

AGLC reserves the right to change these Terms at any time without prior notice by posting changed Terms here, and you are advised to regularly watch for changes. These Terms were last updated on July 1, 2018. In any event, you agree that by accessing and using Retail.AlbertaCannabis.org you are bound by these Terms as may be changed from time to time.

If you choose to register with Alberta Cannabis for the purchase of products, you agree to: (i) provide online true, current and complete information about yourself and your business or corporation; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.

The materials contained on our 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 AGLC and third parties. All rights are 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 our prior consent. You may print, in hard copy, portions of this website for your personal use.

Certain names, words, phrases, logos, marks and designs that appear on Retail.AlbertaCannabis.org (including "AGLC" and “Alberta Cannabis” and related words and logos) are official marks, trademarks or trade names of the AGLC in Canada. The AGLC is also the owner in Canada of additional official marks, trademarks and trade names, registered and unregistered. Nothing in this Agreement or on Retail.AlbertaCannabis.org 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 ours. The names of other companies, products and services referred to on our website may be trademarks or trade names of their respective owners. Any use of the trademarks or trade names of the AGLC or of third parties without the prior written consent of the applicable party is strictly prohibited.

In addition to complying with these Terms, you agree to use AGLC’s website and materials for lawful purposes only and in a manner consistent with relevant laws.

Potential users of Retail.AlbertaCannabis.org in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms in whole or in part; or (ii) render access illegal, are not authorized to use it.

Use of any automated system or software to extract data from Retail.AlbertaCannabis.org for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any materials or data, whether by an automated program or a manual process) is prohibited.

• a.    take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on AGLC’s infrastructure;
• b.    interfere or attempt to interfere with the proper working of Retail.AlbertaCannabis.org, or any activities conducted on or with Retail.AlbertaCannabis.org;
• c.    bypass any measures we may use to prevent or restrict access to Retail.AlbertaCannabis.org.

Some features of Retail.AlbertaCannabis.org may be accessed only by use of an account number, which is your licence number, and password. You are solely responsible and liable for any use and misuse of your account number and password and for all activities that occur under your account number and password. For security reasons, you must keep your account number and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Alberta Cannabis representative.

All account numbers and passwords remain the property of Alberta Cannabis, and may be cancelled or suspended at any time by Alberta Cannabis without any notice or liability to you or any other person. Alberta Cannabis is not under any obligation to verify the actual identity or authority of the user of any account number or password.{' '}

You must immediately notify us of any unauthorized use of your account number or password, or if you know or suspect that your account number or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

While every effort is made to ensure the accuracy of our information, no warranty of accuracy or completeness is expressed or implied. AGLC reserves the right to correct errors and to change or update information at any time without notice.

Any link, (including hyperlinks, buttons or referral devices of any kind) used on Retail.AlbertaCannabis.org is provided for your convenience only, and you access any link at your own risk. The appearance of a link on Retail.AlbertaCannabis.org does not constitute an endorsement, recommendation or certification by us.

AGLC generally does not object to links to Retail.AlbertaCannabis.org from third party sites. However, there are certain conditions that must be followed: Unless AGLC enters into a specific written agreement with you, you may not use any of AGLC’s names, logos, designs, slogans, or marks in or with your links, except that you may link to Retail.AlbertaCannabis.org using the plain text names: AGLC or Alberta Cannabis.

Do not present the link to Retail.AlbertaCannabis.org in any way that suggests AGLC has any relationship or affiliation with your site or in any way that suggests we endorse, sponsor or recommend the information, products or services on your site.

Use of any of AGLC’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without our written permission for a particular use is strictly prohibited. Use of any of AGLC’s names, logos, designs, slogans, or marks, or any other words or codes identifying Retail.AlbertaCannabis.org in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without our written permission for a particular use, is strictly prohibited.

AGLC is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for the Alberta Cannabis website.

AGLC reserves the right to direct you to delete or modify your link to our website for any reason.

The linking of your website to our website indicates your agreement to the above Terms.

You agree to indemnify, defend and hold AGLC harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) arising out of:

• a.    your infringement of any AGLC 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 our website;
• b.    any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, our website; (ii) use of our website for any illegal purpose; or (iii) use of our website to achieve any unauthorized or prohibited access to computer systems and data;
• c.    your use of our website; and
• d.    your breach of any of these Terms, the Alberta Cannabis Privacy Policy or any rule, regulation, guideline or policy of the AGLC as may be established and changed from time to time and posted on the website.

YOU UNDERSTAND AND AGREE THAT:

• a.    USE OF RETAIL.ALBERTACANNABIS.ORG IS AT YOUR SOLE RISK. RETAIL.ALBERTACANNABIS.ORG IS PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. WE DO NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON RETAIL.ALBERTACANNABIS.ORG. WE WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
• b.    THE DOWNLOADING OF MATERIALS FROM RETAIL.ALBERTACANNABIS.ORG IS DONE AT YOUR OWN RISK. AGLC DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF RETAIL.ALBERTACANNABIS.ORG.

IN NO EVENT SHALL AGLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS 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 RETAIL.ALBERTACANNABIS.ORG, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM RETAIL.ALBERTACANNABIS.ORG OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH RETAIL.ALBERTACANNABIS.ORG. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE AGLC ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

AGLC requires payment for orders placed prior to shipment of goods. Payment may be made through bill payment, pre-authorized debit (PAD) or certified cheque, draft, or bank money order.

In case a refund is required, AGLC will issue such payments via Electronic Funds Transfer (EFT) directly into the retailer’s bank account. Each retailer must complete the EFT Request form to enable refunds.

Every effort has been made to stock adequate quantities of the products offered on Retail.AlbertaCannabis.org. Some of the products, however, are available in relatively small quantities, and may be or become out of stock.

If we are unable to fill an order for a product, you will be notified and we will only charge you for the products fulfilled. When demand for a product exceeds supply, the AGLC uses an allocation process to ensure all retailers have the same opportunity to receive the product. All retailers have the exact same opportunity to receive ordered products through the process of allocation.

All retailers receive the same order form weekly with all inventory levels. Retailers review the inventory list and enter the quantities of the inventory they would like to receive. These orders are placed with Alberta Cannabis.

AGLC requires payment for orders placed prior to shipment of goods. Payment may be made through bill payment, pre-authorized debit (PAD) or certified cheque, draft, or bank money order.

In case a refund is required, AGLC will issue such payments via Electronic Funds Transfer (EFT) directly into the retailer’s bank account. Each retailer must complete the EFT Request form to enable refunds.

Every effort has been made to stock adequate quantities of the products offered on Retail.AlbertaCannabis.org. Some of the products, however, are available in relatively small quantities, and may be or become out of stock.

If we are unable to fill an order for a product, you will be notified and we will only charge you for the products fulfilled. When demand for a product exceeds supply, the AGLC uses an allocation process to ensure all retailers have the same opportunity to receive the product. All retailers have the exact same opportunity to receive ordered products through the process of allocation.

All retailers receive the same order form weekly with all inventory levels. Retailers review the inventory list and enter the quantities of the inventory they would like to receive. These orders are placed with Alberta Cannabis.

AGLC retains the right to place limitations on the quantity of an individual product or product category available for purchase by an individual retailer. Note also that AGLC’s online retail business is similarly constrained, so as to not provide an undue advantage.

Prices quoted on Retail.AlbertaCannabis.org are in Canadian dollars. Prices are subject to change without notice.

All shipping is provided by AGLC’s network of carriers. Self-pickup or the use of other third-party shipping providers is not allowed.

AGLC charges a flat shipping rate per delivery regardless of the location.

AGLC attempts to ensure that the information on Retail.AlbertaCannabis.org is accurate. However, no warranty of accuracy or completeness is expressed or implied. We expressly reserve the right to correct errors and to change or update information on Retail.AlbertaCannabis.org at any time without notice. In the event of an error in an order confirmation, in processing an order, in delivering a product or otherwise, AGLC reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you.{' '}

All orders from Retail.AlbertaCannabis.org are final sale. Exceptions may apply, at the discretion of AGLC, for product recalls, quality issues, or damaged or tampered items. If an exception applies to your order, your payment will be refunded via Electronic Funds Transfer.

For questions, contact Alberta Cannabis Customer Service Representative via email at albertacannabis@aglc.ca or by telephone at 1-855-436-5677 .

These Terms and each purchase of product through Retail.AlbertaCannabis.org are governed by, and shall be construed in accordance with, the laws of the Province of Alberta.

AGLC is not liable for any damages caused by any delay or failure to perform our obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

There are no warranties, representations or other agreements regarding the products ordered through Retail.AlbertaCannabis.org. Using cannabis has inherent risks and AGLC does not test product it sells on Retail.AlbertaCannabis.org. AGLC will not be liable for any damages in any way related to the purchase or use of the product.

AGLC may discontinue or suspend, temporarily or permanently, any presently available products at any time without prior notice.

AGLC is committed to protecting the privacy and confidentiality of its customers' personal information. The collection, use and disclosure of personal information is governed by the Freedom of Information and Protection of Privacy Act (FOIP).