Terms and Conditions
Last updated – September 2020
2. Not Medical Advice
The Site, including any webpages, and other data or information contained in the Site (the “Content”), is provided for general informational purposes only and is not intended to provide, or to be a substitute for, professional medical advice. Always seek the advice of a physician or other qualified health care practitioner and never disregard any professional medical advice because of anything you read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANAQUEST AND/OR ADC BIOMEDICAL IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.
By proceeding to the next stage of the registration process for an Account, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT COMPLETE THE REGISTRATION PROCESS FOR AN ACCOUNT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT CANAQUEST AT firstname.lastname@example.org
The Site and the Services are not intended for use by minors. For the purposes of these Terms, a “minor” is someone who has not reached both: (a) the age eighteen; and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed by the user. If you are a minor, you are not permitted to register to create an Account or to otherwise access or use the Site.
Some aspects of the Services or Products are or may be regulated under the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”) and other applicable laws (respectively, the “Regulated Services” and “Regulated Products”). By registering an Account and using the Services, you represent and warrant that you are not aware of any reason why your use of the Services would violate any applicable laws.
5. Registration and Password
When you create an account, you must provide medical information that is accurate, complete, and current always. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on canaqueststore.com Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with canaqueststore.com
You agree not to disclose your password to any third party. You must notify CanaQuest by email@example.com immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
6. Use of the Site
You may view and print out webpages from the Site for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without CanaQuest consent. Except as expressly permitted by CanaQuest, you may not use the Site or any Content for commercial purposes.
7. Prohibited Use of the Site
You may not use the Site or any Content for any unlawful purpose. CanaQuest makes no representation that the Site or the Services are appropriate or available for use in all locations and accessing the Site from and/or using the Services in territories where the Site or the Services are illegal is prohibited. If you choose to access the Site and/or use the Services from such a location, you do so on your own initiative, and you are responsible for compliance with applicable local laws.
You agree: (a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; (b) interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; and (c) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to CanaQuest is true, correct and complete.
By submitting such information, you grant CanaQuest the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
CanaQuest reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
CanaQuest reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. CanaQuest will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
At your request, CanaQuest may, but will not be obliged to, seek pre-approval from any insurer or other similar entity, whether private or public, (an “Insurer”) to invoice the Insurer on your behalf for covered Product or Services. If such pre-approval is granted, CanaQuest may, at its discretion, directly invoice the Insurer for a claim on your behalf for all or part of the cost (the “Covered Amount”) of any Product or Service you order (a “Claim”), as authorized by, and subject to any limitations imposed by, the Insurer. You agree that CanaQuest will be entitled to disclose information to the Insurer as reasonably required to obtain such pre-approval or to process any Claim on your behalf, at your direction.
If the Covered Amount is less than the full price of the Products or Services you order, you will be required to pay the balance at the time of purchase. You agree that you are at all times fully liable for the costs of any Products or Services you purchase. If any Claim is not reimbursed in full by the Insurer, CanaQuest will be entitled to collect any unpaid balance from you including by charging the unpaid amount to any credit card associated with your Account without further notice to you.
10. Order Limits
Order quantities for Regulated Products are subject to limits under the ACMPR. No single order may exceed thirty (30) times the daily quantity specified on the applicable ACMPR registration (the “Daily Quantity”), or 150 g, whichever is less. Furthermore, cumulative orders within any thirty (30) day period may not exceed thirty (30) times the Daily Quantity. Any order which exceeds these limits will be refused.
11. Availability, Errors, and Inaccuracies
Orders will normally be processed for shipment within 2 business days. Please note that unclaimed shipments that are returned to Our distributor will be destroyed. Our regulatory requirements and quality standards prevent us from re-shipping returned product.
In order to provide exceptional service, and accuracy, CanaQuest regularly update the products and services on the Service.
CanaQuest cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. CanaQuest reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite CanaQuest best efforts, the products or services available on CanaQuest Service may have an error regarding the price, be inaccurately described, or be unavailable.
CanaQuest may experience delays in updating information on the Service and in CanaQuest advertising on other websites.
12. All Sales are Final – No Refunds or Exchange
All sales are final. No return of any Products will be accepted, and no exchanges will be available.
13. Accuracy of Site Content
All content, including but not limited to descriptions of processes to create derivatives, extractions, and other recipes derived from or incorporating the Products, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site is regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. CanaQuest assumes no liability or responsibility for any such errors, omissions or inaccuracies and make no representations about the accuracy, reliability, completeness, or timeliness of the Content. CanaQuest does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, that appears on the Site. Under no circumstances will CanaQuest or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. By using the Site, you acknowledge and agree that CanaQuest and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.
14. Intellectual Property
The Service and all contents, including but not limited to text, images, graphics, or code are the property of CanaQuest and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with CanaQuest. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of CanaQuest or its affiliates. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Service.
15. Limitation Of Liability
CanaQuest, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not CanaQuest have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANAQUEST AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANAQUEST IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF CANAQUEST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
16. Disclaimer and Non-Waiver of Rights
CanaQuest makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
CanaQuest its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and CanaQuest chooses not to immediately act, or chooses not to act at all, CanaQuest will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. CanaQuest does not waive any of its rights. CanaQuest shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
THE TOTAL LIABILITY OF CANAQUEST TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM, NOT INCLUDING THE COST OF PRODUCTS PURCHASED THROUGH THE SITE; OR (B) FIFTY DOLLARS ($50.00). NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF CANAQUEST TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS; OR (II) FIFTY DOLLARS ($50.00).
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
You agree to indemnify, defend and hold harmless CanaQuest, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
18. Links to Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by CanaQuest.
CanaQuest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CanaQuest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
CanaQuest strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
19. Governing Law, Venue, and Jurisdiction
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between CanaQuest regarding service provided, and supersede and replace any prior agreements, oral or otherwise, regarding the service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms and your use of the Site and the Services shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any applicable federal laws of Canada, excluding the rules of private international law that lead to the application of the laws of any other jurisdiction. The courts of Ontario shall have the exclusive jurisdiction to hear any matter arising in connection with these Terms. You hereby attorn to the jurisdiction of the courts of Ontario for that purpose.
Nothing in these Terms will prevent CanaQuest from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
CanaQuest reserve the right, at CanaQuest sole discretion, to modify or replace these Terms at any time. If a revision is material, CanaQuest will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at CanaQuest sole discretion.
By continuing to access or use CanaQuest Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and CanaQuest will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if CanaQuest communicates such information to you at your request.
CanaQuest may terminate or suspend access to CanaQuest Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Unless otherwise indicated, all references to currency in this Agreement or on the Site are to the lawful money of USA and Canada.
The terms, conditions, and warranties contained in these Terms that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation, or termination of these Terms.
25. Entire Agreement
These Terms constitute the entire agreement between you and CanaQuest with respect to the Site, the Content, the Services, your Account, and any information obtained through the Site by communication with CanaQuest personnel. These Terms, together with the Regulated Service Terms, constitute the entire agreement between you and CanaQuest with respect to the Regulated Services. If any provision of these Terms is held invalid, the remainder of these Terms, including the Regulated Service Terms as applicable, shall continue in full force and effect.