This website (the “Symbl Site”) and the services, information and tools it offers (the “Services”) are owned and operated by Emblem Cannabis Corporation (“Emblem”, “we”, “our” and “us”, including, where applicable, any affiliate of Emblem).
Based on statements from the Government of Canada, we expect that sale of cannabis in adult use markets to be operational and regulated effective October 17, 2018. The Symbl Site, including any webpages, text, images, sounds, software, and other data or information contained in the Symbl Site (the “Content”) and the Services relate to cannabis, including regulated adult use cannabis products (the “Cannabis Products”), accessories from third parties with Symbl branding (the “Symbl Branded Accessories”), and accessories from third parties without Symbl branding (the “Other Accessories”) (any one or more of the Cannabis Products, the Symbl Branded Accessories, and the Other Accessories collectively or in any combination being the “Products”) that may be offered for sale through provincial adult use cannabis market channels and where applicable through federal adult use cannabis market channels.
These Terms and Conditions are a binding agreement that applies to use of the Symbl Site and Services generally, including reviewing Content.
Not Medical Advice
Cannabis is regulated for medical purposes and will soon be regulated more broadly for adult use. Emblem operates a separate website including content for review by adults and other services related to medical cannabis (the “Emblem Medical Cannabis Site”). The Symbl Site, including the Content, relates to adult use cannabis only. The Symbl Site, including the Content, is provided for general informational purposes only, and does not constitute any representation as to the safety, efficacy, suitability, effectiveness or other features of cannabis or any other product in the management of any medical condition or for any purpose, and is not intended to provide, or to be a substitute for, professional medical advice. For clarity, and subject always to terms and conditions of the Emblem Medical Cannabis Site, all content on the Emblem Medical Cannabis Site is similarly for general informational purposes only, and does not constitute any representation as to the safety, efficacy, suitability, effectiveness or other features of cannabis or any other product in the management of any medical condition or for any purpose, 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 FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SYMBL SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR A PHYSICIAN IMMEDIATELY. IF YOU THINK THE MEDICAL EMERGENCY MAY BE A RESULT OF A CANNABIS PRODUCT INCLUDING THE SYMBL BRAND, PLEASE CONTACT EMBLEM WITH DETAILS AT email@example.com OR 1-844-546-3633 AFTER THE MEDICAL EMERGENCY HAS BEEN ADDRESSED OR OTHERWISE RESOLVED.
Access is Agreement to these Terms and Conditions
These Terms and Conditions are a binding agreement between you and Emblem. These Terms and Conditions apply to your access to and use of the Symbl Site, including any review of the Content or other use of the Services. These Terms and Conditions include disclaimers, exempt Emblem and other persons from liability, indemnify Emblem and other persons, and include other important provisions. You must read these Terms and Conditions and any information linked to or otherwise referenced in these Terms and Conditions, and accept these Terms and Conditions, before using the Symbl Site.
YOUR ACCESS TO OR OTHER USE OF THE SYMBL SITE AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SYMBL SITE IN ANY WAY, INCLUDING REVIEWING ANY CONTENT, OR ANY OTHER USE OF THE SERVICES.
Updates to the Terms and Conditions
Emblem may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Symbl Site after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Symbl Site home page sixty days prior to the change. Where required by Applicable Law as defined below in these Terms and Conditions, you will be notified by email or other method at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Regulations and Other Applicable Law
The Symbl Site, the Content, and the Services relate to adult use cannabis, including the Products. The Products are currently prohibited for sale in adult use market in Canada by legislation including the Controlled Drugs and Substances Act (Canada) (the “CDSA”) and the Narcotic Control Regulations (Canada) (the “NCR”). The Access to Cannabis for Medical Purposes Regulations (the “ACMPR”) provides access for medical purposes only. Other federal, provincial or local law may apply to some aspects of the Products or Services. As used herein the term “Applicable Law” includes the CDSA, the ACMPR, the NCR or any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, the Food and Drugs Act (Canada), other statutory law and regulations, the Civil Code of Québec, common law, and any other applicable laws. The Applicable Law may, as appropriate in the context, define the rights and liabilities, subject to the disclaimers, limitations of liability, and other provisions of these Terms and Conditions, of you, Emblem or other persons. Once Bill C-45 has come into effect, Applicable Law will include the federal Cannabis Act and the federal Cannabis Regulations.
Eligibility based on Residence and Age
Once regulated for sale by Applicable Law, the Products will be for use only within Canada and in accordance with Applicable Law. The Symbl Site and the Services are intended for access, review, or other use by residents of Canada, and are not intended for access, review or other use by a minor without supervision and guidance by a parent or legal guardian. For the purposes of these Terms and Conditions, 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 Symbl Site is being accessed. If you are a minor, you are not permitted to access, review or otherwise use the Symbl Site or the Services without supervision by and guidance of a parent or legal guardian.
EMBLEM MAKES NO REPRESENTATION OR WARRANTY THAT THE SYMBL SITE, THE CONTENT OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SYMBL SITE FROM OUTSIDE OF CANADA, INCLUDING REVIEWING CONTENT, OR OTHERWISE USING THE SYMBL SITE OR SERVICES, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SYMBL SITE.
Using the symbl site
You may view and print Content from the Symbl Site for personal, informational, and non-commercial use. You may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any Content without Emblem’s express written consent. Without limiting the generality of the foregoing, you may not use the Symbl Site or any Content for commercial purposes without Emblem’s express written consent.
Prohibited Use of the Symbl Site
You may not use the Symbl Site or any Content for any unlawful purpose or any unsafe purpose. Accessing or using the Symbl Site, including reviewing Content, acting on Content, or otherwise using the Symbl Site or the Services in jurisdictions where the Symbl Site, the Content or the Services are illegal, is prohibited. If you choose to access the Symbl Site or use the Services from such a jurisdiction, you do so on your own initiative, discretion and risk, and you are responsible for compliance with both the Applicable Law and with any laws applicable in the jurisdiction from which you are accessing the Symbl Site. Without limiting the generality of the foregoing, while accessing or using the Symbl Site, including reviewing Content or using the Services, you agree that you will not:
violate any laws, including the Applicable Law, any third party rights or our policies;
engage in any unsafe or unlawful practices, including with respect to cultivation of cannabis plants, alteration of Cannabis Products, or other activities relating to the Products, and without limiting the generality of the foregoing, Emblem makes no recommendation that you apply any Content related to cultivation of cannabis plants, alteration of Cannabis Products, or other activities relating to the Products based on any Content, and if you choose to do so, it is your responsibility to first inform yourself, educate yourself, consult with your physician relating to the risks of adult use cannabis, and ensure compliance with any Applicable Law including any agreement with a landlord, residential association, condominium association or municipality, and follow channels compliant with Applicable Law for assistance as required;
access or use the Symbl Site or Services if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from accessing or using the Symbl Site or Services;
access or use the Symbl Site in any manner which could damage, disable, overburden or impair the Symbl Site;
interfere with the security of, or otherwise abuse, the Symbl Site, the Services, or any system resources, accounts, servers or networks connected to or accessible through the Symbl Site or affiliated or linked sites;
distribute viruses or any other technologies that may harm or prejudice the interests, rights, or property of Emblem or of any other person accessing or using the Symbl Site;
use any robot, spider or other automatic device, to index, crawl, catalogue, mirror, frame, scrape, cache or otherwise monitor or copy any web page of the Symbl Site or any Content to collect or mine data from the Symbl Site;
use any manual process to monitor or copy any web page of the Symbl Site or any Content other than as provided for in these Terms and Conditions;
obtain unauthorized access to the Symbl Site or portions of the Symbl Site that are restricted from general access;
copy, modify or distribute rights or Content from the Symbl Site, including Content subject to copyright and common law or registered trademark rights owned by or licensed to, without limitation, Emblem, and whether or not for consideration or for commercial purposes;
harvest or otherwise collect information about any user of the Symbl Site, including email addresses, without their consent and compliance with all Applicable Law; or
attempt to complete any of the above actions.
Without limiting other recourse, including but not limited to any remedy available under Applicable Law, we may limit, delay, suspend or terminate any access to the Symbl Site, Content or linked sites, or take technical and legal steps to keep users off the Symbl Site if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Emblem or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Emblem, Emblem Group (as defined below in these Terms and Conditions), or any other person. Without limiting the generality of the foregoing, we may, in appropriate circumstances and at our discretion, modify or discontinue the Symbl Site or any Content, at our discretion.
No Spam, Spyware or Spoofing
Emblem takes compliance with Applicable Law pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Emblem on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Symbl Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any Applicable Law.
Accuracy of Symbl Site Content
All Content, including descriptions of processes to create derivatives, extracts, and other Cannabis Products, or derivative products incorporating the Cannabis Products, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Symbl Site and the Content are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Emblem assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, Emblem does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Emblem or by any third party, which appears on the Symbl Site. Subject to the foregoing, Emblem works to keep the Symbl Site and Services updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at firstname.lastname@example.org.
Without limiting the generality of the foregoing, the product names, company names and logos of Emblem, any affiliate or any third party used on the Symbl Site may be trademarks, including registered trademarks of Emblem. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Emblem or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Reservation of Rights
Without limiting the generality of the foregoing, the Products, the Services, or other of Emblem’s methods and processes may be subject to rights, including Intellectual Property Rights, of Emblem or a third party. Emblem and any applicable third parties reserve all such rights.
Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose Emblem to any liability for damages you may suffer as a result of communicating with Emblem by electronic communications or if Emblem communicates such information to you at your request.
The Symbl Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you and as a Service, and not as an endorsement by Emblem of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Emblem makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
You agree not to link to the Symbl Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Emblem generally agrees with linking to the Symbl Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and Emblem. Notwithstanding the foregoing, Emblem reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Symbl Site through a link, at Emblem’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Symbl Site, Emblem, or Emblem Group (as defined below in these Terms and Conditions).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO EMBLEM, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO EMBLEM CANNABIS CORPORATION, INCLUDING EMBLEM CORP., AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF EMBLEM CANNABIS CORPORATION, OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “EMBLEM GROUP”).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SYMBL SITE, THE CONTENT, THE SERVICES, AND THE PRODUCTS ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY EMBLEM GROUP, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMBLEM GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. EMBLEM GROUP MAKES NO WARRANTY THAT THE SYMBL SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EMBLEM GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SYMBL SITE, THE CONTENT, THE SERVICES OR THE PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SYMBL SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY EMBLEM GROUP OR ANY PERSON ON THE SYMBL SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY CANNABIS PRODUCT IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA).
DISCLAIMER OF EMBLEM GROUP COMMUNICATIONS
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SYMBL SITE OR OTHERWISE FROM EMBLEM GROUP, RELATING TO THE SERVICES OR THE PRODUCTS, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD PARTY STATEMENTS
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SYMBL SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SYMBL SITE, THE CONTENT, OR THE SERVICES. YOU UNDERSTAND THAT EMBLEM GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SYMBL SITE, THE CONTENT, THE SERVICES, THE PRODUCTS OR EMBLEM GROUP.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBLEM GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR USE OR APPLICATION OF THE SYMBL SITE, THE CONTENT, THE SERVICES OR THE PRODUCTS;
YOUR INABILITY TO USE OR APPLY THE SYMBL SITE, THE CONTENT, THE SERVICES OR THE PRODUCTS;
YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SYMBL SITE, WHETHER IN CONNECTION WITH THE SERVICES, THE PRODUCTS OR OTHER ASPECTS OF THE SYMBL SITE;
WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION;
ANY MISUSE OF THE SYMBL SITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS; OR
ANY OTHER MATTER RELATED TO THE SYMBL SITE.
IF YOU CHOOSE TO USE THE SYMBL SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM EMBLEM GROUP. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE ACCESSING, APPLYING AND USING THE SYMBL SITE, THE CONTENT, THE SERVICES, AND THE PRODUCTS ONLY CONSISTENTLY WITH THE ADVICE OF A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER IN ACCORDANCE WITH APPLICABLE LAW AND OTHERWISE AT YOUR OWN RISK AND UNDER YOUR OWN DISCRETION.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY EMBLEM GROUP OR IN THE CONTENT WHETHER OR NOT EMBLEM GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) EMBLEM GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD EMBLEM GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE SYMBL SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS. NOTWITHSTANDING THIS INDEMNITY, EMBLEM GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF EMBLEM’S SELECTION AT EMBLEM GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES
FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE SYMBL SITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT EMBLEM’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
THE PARTIES TO THESE TERMS AND CONDITIONS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
LIMITATION ON QUANTUM
NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY A PROVINCIAL LIQUOR CONTROL AUTHORITY, DISTRIBUTOR, RETAILER OR OTHER RESELLER, FOR ANY PRODUCTS YOU PURCHASED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Except as expressly stated otherwise, providing an email address or other information to Emblem constitutes your consent to receive any legal notices required by Applicable Law at the an email address or other contact information you provide to Emblem. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Emblem, unless Emblem is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Emblem. In such case, notice shall be deemed given three days after the notice is sent in the mail by Emblem.
Law and Forum for Legal Disputes
For users in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent any claim or dispute you may have against Emblem is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For users outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Emblem is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Ontario. You agree to submit to the personal jurisdiction of the courts located within Ontario for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions
When using a Service, reviewing Content or otherwise accessing the Symbl Site, you are subject to any posted policies or rules applicable both to any Service you use through the Symbl Site, and to the Symbl Site more broadly, which are available on the applicable portion of the Symbl Site or may be presented when you use or apply for the Service. Subject to any such additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Emblem with respect to the Symbl Site, the Content, the Services and any information obtained through the Symbl Site by communication with Emblem personnel.
Term and Termination
These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Symbl Site or the Services. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Emblem has the right, in its discretion, to terminate or suspend your access to the Symbl Site or to limit or deny your access to or participation in any Content, Products or Services offered by Emblem at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Emblem, interfere with any other person’s access to or use of the Symbl Site, or if Emblem decides in its discretion for any reason whatsoever that access to the Symbl Site by any person, access to Content by any person, including use of any Service or purchase of any Product, is otherwise detrimental to the Symbl Site, Emblem or Emblem Group more broadly, or Emblem’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Emblem with details. Emblem may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Emblem does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Emblem.
In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
You can communicate with Emblem by email as indicated in these Terms and Conditions. You can communicate with emblem by mail at PO Box 20087 Northville, Paris, ON N3L 4A5 Canada. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
You and Emblem have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by Emblem is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Emblem’s Administration Officer by email at email@example.com or by mail at the address above with attention to the Administration Officer.
Last updated:July 4th 2018
Emblem Cannabis Corporation (“Emblem”) is a licensed producer of cannabis as defined in the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”). Emblem receives, retains, and safeguards information in the course of selling medical cannabis to any individual who is registered as a client of Emblem (a “Registered Client”). Some of the information Emblem receives is Personal Information relating to Registered Clients as defined below.
Purpose and Definitions
This policy describes Emblem’s Personal Information management practices including in relation to registering as a Registered Client, purchasing regulated medical cannabis products (“Cannabis Products”), purchasing accessories from third parties with Emblem branding (“Emblem Branded Accessories”), and purchasing accessories from third parties without Emblem branding (“Other Accessories”) (any one or more of the Cannabis Products, the Emblem Branded Accessories, and the Other Accessories collectively or in any combination being the “Products”) from Emblem, browsing the Emblem medical cannabis website or the symbl adult use website (collectively or individually, the Emblem medical cannabis website, the symbl adult use website, or both are the “Site”), and subscribing to the Emblem newsletter or the symbl newsletter. More specifically, this policy describes the purposes for which Emblem collects, uses and discloses personal information, including personal health information, of a Registered Client, an individual responsible for a Registered Client in accordance with the ACMPR (“Responsible Individual”), or other visitors to, or users of, the Site.
In this policy, “Personal Information” means information about an identifiable individual, such as a Registered Client, including information relating to the individual’s physical health, mental health, health history, health care providers, health number, heath care services, or agent for healthcare (“Agent”). In this policy, an Agent is a person who is authorized to assist an individual to obtain health care and related services or make decisions about healthcare, including a substitute decision maker, a legal guardian, a person exercising a power of attorney, a Responsible Individual, or a person who is acting on the individual’s behalf with the individual’s consent.
Emblem reserves the right to amend this policy in response to changes in Emblem’s services, changes in the ACMPR or other Applicable Law as defined below, or changes in policies applicable to Emblem’s services. The date on which this policy was last amended is shown at the top of this policy. You are responsible for verifying whether amendments have been made to this policy. As in the Emblem Website Terms and Conditions, located at https://emblemcannabis.com/terms-and-conditions/, the symbl Website Terms and Conditions, located at https://symbl.ca/terms-and-conditions, and the Emblem Registered Client Terms and Conditions https://emblemcannabis.com/registered-client-terms-and-conditions/, your access to the Site or use of Emblem’s services after amendment of this policy will be understood to be your agreement to Emblem Website Terms and Conditions, the symbl Website Terms and Conditions or the Emblem Registered Client Terms and Conditions, as applicable, and the collection, use and disclosure of your Personal Information in accordance with the amended policy.
Emblem’s Legal Obligations
Emblem has obligations as a licensed producer of medical cannabis under the ACMPR. Emblem’s obligations are based on the ACMPR and other legislation including the Controlled Drugs and Substances Act, the Narcotic Control Regulations, and any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, the Food and Drugs Act (Canada), other statutory law and regulations, the Civil Code of Québec, common law, and any other applicable laws (collectively or in any combination, “Applicable Law”). These obligations include the collection and disclosure of certain Personal Information. No agreement between you and Emblem can override a legislative requirement to collect, use or disclose your Personal Information and to retain your Personal Information for a specified period of time.
More specifically, the ACMPR require Emblem to collect Personal Information about you before we can deliver medical cannabis products to you, your health care provider, or your Agent. The ACMPR require us to receive a document prepared by your health care provider and referred to in the ACMPR and this policy as a “Medical Document” or a copy of a document issued to you from the Minister of Health and referred to in the ACMPR and this policy as a “Registration Certificate”. The ACMPR requires that your Medical Document or Registration Certificate include your name and date of birth, the name and date of birth of your Agent (if applicable), information about your health care provider, the daily quantity of medical cannabis you are approved to receive, and the period of time for which you have been approved for medical cannabis use (which under the ACMPR is a maximum of one year from the date of the Medical Document or Registration Certificate). Some individuals choose to receive the Medical Document and send it to Emblem and others choose to have their health care provider send Medical Document directly to Emblem.
Emblem is also required by the ACMPR to track certain Personal Information other than that included in the Medical Document or Registration Certificate, including the dates, quantities, and other details of purchases of medical cannabis by Registered Clients.
In addition to the Personal Information we are required to collect, you may voluntarily provide us with additional Personal Information, for example relating to your medical condition or the results you obtain from your use of medical cannabis. With your express consent, we will use such Personal Information provided by you for medical or market research, education, improving our product offerings, or otherwise improving the experience of our Registered Clients.
Collection, Use, and Storage of Personal Information
Emblem collects and uses Personal Information to respond to requests for information, Products and services, including for purchases of Cannabis Products and other Products in accordance with the ACMPR. Once Emblem receives Personal Information, the Personal Information is stored digitally or in hard copy. Subject to any required communication of your Personal Information to Emblem service providers as described below, all hard copies are stored in secured Emblem facilities in Ontario and digital records of personal information are stored on encrypted servers located in Ontario.
Emblem uses external service providers and may share your Personal Information with such service providers as necessary in the course of Emblem’s operations. Emblem limits its service providers’ use of Personal Information to that required to provide their services. Some of Emblem’s service providers operate outside of Canada, in the United States and elsewhere (an “Offshore Jurisdiction”). Where a service provider operates in an Offshore Jurisdiction, Personal Information we share with the service provider will be subject to applicable laws in force in the Offshore Jurisdiction, including any requirement to disclose Personal Information to government, government agencies (including law enforcement agencies), regulators, courts and others in the Offshore Jurisdiction.
Unless otherwise indicated when obtaining your express consent or as required by the ACMPR, other legislation, or court or other order, Emblem stores your Personal Information for two years from the date your Personal Information was received or recorded by Emblem as required by the ACMPR. After the retention period of two years has ended in respect of a given piece of Personal Information, Emblem deletes and destroys records of the Personal Information in due course.
Disclosure of Personal Information
Under some circumstances, Emblem may be required by the provisions of the ACMPR, other legislation, or court or other order, to disclose Personal Information of a Registered Client or a Registered Client’s Agent to the Royal Canadian Mounted Police, provincial or municipal police forces, the Health Ministry, health care provider licensing authorities, or other authorities. Such disclosures may result in your Personal Information being provided to the International Narcotics Control Board, authorities in the United States or other foreign jurisdictions, or other third parties.
Emblem may also disclose your Personal Information for the purposes of a court, administrative, or other proceeding to which it is a party, as permitted by applicable law.
If Emblem is required to disclose Personal Information pursuant to a court order, subpoena, warrant or other legal requirement, or discloses your Personal Information for the purposes of a court, administrative, or other proceeding to which it is a party, Emblem will not disclose any more Personal Information than required for the purpose and will, to the extent permitted by law, provide you with notice of the disclosure. There are circumstances, for example where a criminal investigation is in progress, where Emblem may be prohibited from notifying you of a disclosure obligation.
Personal Information of Visitors to the Site
When you visit the Site, we may collect technical information, which may include the address of a different website that you visited before visiting the Site, the pages of the Site that you visit, the browser you used to view the Site, the search terms you entered on the Site, and other such technical data (“Technical Information”). The Technical Information may not in itself constitute Personal Information.
We aggregate the Technical Information we collect from visitors to the Site and use the aggregate Technical Information to measure and improve the effectiveness of the Site and improve its content and responsiveness to visitor interests. We will not combine the Technical Information with any Personal Information we have collected. For clarity, the aggregate Technical Information we produce in relation to use of the Site does not identify individual visitors.
We may disclose the aggregate Technical Information about the use of the Site to our service providers, regulatory bodies, and others.
We may also use services such as Google™ Analytics and other forms of cookies on our website that collect information about users of our website to tailor marketing information to them. We will not collect Personal Information about you in this way or for this purpose without your consent.
Subscribing to the Emblem Newsletter and Other Communications
Emblem publishes a newsletter and provides other mass communications about special offers, product information, or other messages related to Emblem, to medical cannabis more generally, or other topics. The Emblem newsletter and other mass communications are available to the public generally and there is no requirement to be a Registered Client to receive the Emblem newsletter and other communications. If you are a Registered Client, the Emblem newsletter and other mass communications do not identify you as such. Please note that separate from the Emblem newsletter and any mass communications, Registered Clients will also receive specific communications relating to status as a Registered Client, including details of medical cannabis orders that have been shipped to you or received from you as returned.
You may subscribe to the Emblem newsletter or consent to receive other mass communications through the Site. Subscribers may terminate their subscription at any time. The materials and notices we send by email include simple instructions and a link for you to unsubscribe. If you have any trouble unsubscribing, please contact our Privacy Officer as set out below.
Access and Correction of Personal Information, and Other Inquiries
You may request access to and the correction of your Personal Information in our records. You may request confirmation of the location of your Personal Information, including whether it is currently located in or has been reviewed in an Offshore Jurisdiction. Except in circumstances established by law, you have a right to access any of your Personal Information in our records. To the extent that we are satisfied that your Personal Information in our records is inaccurate, we will correct the information. If you are an citizen of the European Union you may have additional rights with respect to the purging of your Personal Information we have collected.
If you want clarification of this policy, additional information about our Personal Information management practices or our management of your Personal Information, or if you want us to investigate any concerns you have about our use or disclosure of your Personal Information, please contact our Privacy Officer as set out below. Please note that email is not a secure means of communication. You assume all risk in relation to your decision to transmit Personal Information or confidential information to us by email, or to receive communications from Emblem by email.