TERMS OF SERVICE, REFUND POLICY, AND SHIPPING POLICY
TERMS OF SERVICE
USE OF WWW.BONIFY.COM
By using the Website, you represent and warrant that you will only use our 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 also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems.
NOT MEDICAL ADVICE
Information provided on the Website including without limitation information regarding different strains of medical cannabis and their potential suitability for treating different diagnoses is provided as general information. Information provided on the Website is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between patients and their healthcare providers who will ultimately make any decisions regarding treatment.
We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations pursuant to the Access to Cannabis for Medical Purposes Regulations (the “ACMPR“). We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website and or the products and services provided through the Website at any time, without notice. We may impose additional rules or limits on the use of our Website. You agree to review these Terms regularly for any changes and your continued access or use of our Website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Website or for any service, content, feature or product offered through our Website. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.
You will be required to register for an account to make medical cannabis purchases through the Website. If you register, you represent and warrant that you will: (a) provide true, accurate, current and complete information as prompted by any registration functions on the Website (such information being the “Registration Information“); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Website and to refuse any and all current or future use of the Website. You are not permitted to allow anyone else to use your account, nor are you permitted to use anyone else’s account. You must keep your account password secure and you must not provide it to anyone else. You agree to immediately notify us if you suspect there has been unauthorized use of your account or some breach of the security of your account. You are solely responsible for all activity that occurs using your account. We will not be liable to you or to any third party for any use (whether authorized or unauthorized) of your account. You acknowledge and agree that we may access and/or disclose your account and related information if required to do so by law or if we have a reasonable belief that such actions are reasonably required to: (i) comply with legal obligations imposed on us or any subpoenas, investigative demands or court orders directed to us; (ii) enforce or fulfill these Terms of Service; or (iii) protect the rights, property or safety of Bonify, other users and/or the general public.
PRODUCTS OR SERVICES
All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region or jurisdiction, subject to our regulatory obligations pursuant to the ACMPR.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in Canadian dollars. We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations pursuant to the ACMPR. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.
If you purchase medical cannabis from us, you represent and warrant that you will only use such medical cannabis as prescribed by your doctor, and you will not resell or otherwise transfer such medical cannabis to any other person.
RETURN AND EXCHANGE POLICY
All refunds and exchanges will be done in accordance with the ACMPR. Subject to any restrictions outlined in the ACMPR, Bonify will accept returns and exchanges for reason of defect. If you are not satisfied with the medical cannabis and have reason to suspect it is defective, please call us and we will do our best to make sure you are happy with our product.
If you wish to return or exchange your product due to any form of adverse reaction, we ask you to immediately contact Bonify and we will assist you in making necessary return arrangements.
Bonify ships by secure courier in odourless packaging as is required under the ACMPR. The shipping label does not indicate the business of origin is “Bonify”, “Bonify Inc” nor “Bonify Corporation.”
For any specific questions on shipping, please contact our Customer Care Team at 1-844-582-8044 or info@Bonify.com for further information.
LINKS TO THIRD PARTY WEBSITES
Links from or to websites outside our 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 our 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. Bonify shall not be a party to any transaction between you and any third party including any third party advertising on our 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.
YOUR PERSONAL INFORMATION
ERRORS AND OMISSIONS
Please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, omissions, or other items, may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility, liability, and risk with respect to your use of our Website and any information and materials contained on the Website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.
The use of our Website is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages.
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 our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees 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 our Website including in connection with any products offered through our Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the 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.
This Website and the documents found on this Website contain forward-looking statements. Often, but not always, forward-looking statements can be identified by the use of words such as “plans”, “expects” or “does not expect”, “is expected”, “estimates”, “intends”, “anticipates” or “does not anticipate”, or “believes”, or variations of such words and phrases or state that certain actions, events or results “may”, “could”, “would”, “might” or “will” be taken, occur or be achieved. Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Forward-looking statements are based on a number of assumptions which may prove to be incorrect. Although we have attempted to identify important factors that could cause actual actions, events or results to differ materially from those described in forward-looking statements, there may be other factors that cause actions, events or results not to be as anticipated, estimated or intended. There can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers should not place undue reliance on forward-looking statements.
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.
If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.