Legal Terms

Privacy Policy

At Kolab Project Inc. ("Kolab"), we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that Kolab collects from or about you, how we use, and to whom we disclose that information.

Kolab has adopted a series of Privacy Policies in order to address the specific privacy concerns of certain groupings of individuals. This Privacy Policy applies to how we collect, use and disclose the personal information of our customers, suppliers and other parties with whom we interact. We have developed other documents that describe our privacy policies and practices with respect to our employees (i.e. our "Employee Privacy Policy"). If you are unsure of which Privacy Policy applies to you, please contact our Privacy Officer for more information.

Privacy Policy Effective for Canada

It is Kolab policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact our Privacy Officer for more information.

What Is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than an individual's business contact information when collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to their business responsibilities.

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of the individuals with whom we interact. This may include, for example, your:

  • contact and identification information, such as your name, address, telephone number and e-mail address;
  • medical documents, which includes: (i) your healthcare practitioner’s name, profession, business address, telephone, fax, email address, province of registration and registration number; (ii) your name, and date of birth; and (iii) dosage information (daily quantity and period of use);
  • medical release form, which is required in order for us to verify the information in your medical document with the healthcare practitioner; and
  • payment information (including, if applicable, insurance information).

We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning.

Kolab, a licensed producer pursuant to the Cannabis Act, markets and sells cannabis and cannabis accessories, as well as other non-cannabis products. As such, Kolab may also collect personal information from individuals participating in and / or impacted by these activities.

For example, your personal information will be collected in order to establish your record. Types of information we collect include (but is not limited to), prescription information (e.g. patient, medication and prescriber information), health information (e.g. allergies and medical conditions) and insurance information. Upon request, Kolab will provide you with information on why your personal information is required and to whom they must disclose it in order to provide you with the Kolab services.

As a general rule, Kolab collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied from your actions).

From time to time, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

Our Website

We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and the country in which you are located. We may use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our other business purposes, such as: (i) customizing certain content that we think you might like based on your usage patterns; (ii) improving our products and services; and (iii) upgrading our website.

In connection with the foregoing, we may place a "cookie" on the hard drive of your computer to track your visit. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to our website so that we can understand your use of our website and tailor our website to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive.

In addition, we collect the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by:

  • applying for a position with Kolab through our website; or
  • corresponding with a representative of Kolab via e-mail using the hyperlinks created for that purpose.

Our website may contain links to other websites that may be subject to less stringent privacy standards. If you click on a link to such a third party website, a third party may also place a cookie on your hard drive. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. Kolab is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.

Finally, we use third party service providers (and their analytics tools) to help us measure traffic and usage trends for our website. These tools may use cookies and other technologies to collect information about your use of our website, and collect information sent by your device or our website. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, better understand your online activity, and assists us in improving our website.

For example, we may use Google’s Universal Analytics to better understand who is using our website and how people are using it. Google may use cookies, pixel tags and other technologies to collect and store information such as website pages visited, places where users click, time spent on each website page, IP address, type of operating system used, location-based data, device ID, search history, and phone number. We use this information to improve our website and as otherwise described in this Privacy Policy. Please see http://www.google.com/policies/privacy/partners/ for information about how Google Analytics uses this information, visit https://tools.google.com/dlpage/gaoptout for information about the Google Analytics Opt-out Browser Add-on, and visit http://www.google.com/settings/ads to adjust the settings for your Google account.

Why Do We Collect Personal Information?

Kolab collects personal information to enable us to manage, maintain, and develop our operations, including for example:

  • to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, products and services. This may include:
    • to the extent applicable, providing initial and on-going counseling with respect to your purchase and/or use of cannabis;
    • liaising with or assisting your physicians and other healthcare professionals, as needed;
    • responding to requests made by, or on behalf of, your insurance provider to review your insurance claim(s), if applicable; and
    • recommending various products, services, programs or events;
  • to be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services;
  • to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;
  • to provide you with marketing materials that we believe may be of interest to you;
  • to create Aggregated Information (as defined below) for the purposes of: (i) meeting our clients’ requests; and/or (ii) developing new, or improving existing, products and services;
  • to be able to comply with your requests;
  • to protect Kolab against error, fraud, theft, and damage to our goods and property;
  • to enable us to comply with applicable laws or regulatory process; and
  • any other reasonable purpose to which you consent.

We may share Aggregated Information with third parties for the purposes of managing, maintaining, and developing our operations. For the purpose of this Privacy Policy, "Aggregated Information" arises from the compilation, combination and/or analysis of information from multiple sources on an aggregated basis (so as to prevent identification of personal information relating to any one individual) in order to identify or create, for example, trends, benchmarks, reports, summary metrics, predictive algorithms, products and/or services.

How Do We Use and Disclose Your Personal Information?

We may use and disclose your personal information:

  • as permitted or required by applicable laws or regulatory requirements;
  • for the purposes described in this Privacy Policy; and
  • for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

We may also use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

When Do We Disclose Your Personal Information?

We may share your personal information with our employees, contractors, consultants, affiliates, and other parties who require such information to assist us with managing our relationship with you, including: (i) third parties that provide services to us; (ii) third parties that assist Kolab in the provision of services to you; and (iii) third parties whose services we use to conduct our business.

For example, we may share your personal information from time to time with our third party information technology, data processing and payment processing service providers so that we may operate our business. As a result, your personal information may be collected, used, processed, stored or disclosed in the United States. As such, your personal information may potentially be accessible to law enforcement and national security authorities of that jurisdiction.

In addition, personal information may be disclosed or transferred to another party during the course of the grant of a security interest in Kolab assets, or completion of a sale of, all or a part of Kolab through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

When we provide you with medical cannabis, we may share your Personal Information with your physicians and other healthcare providers (which may also be referred to as your “circle of care”) and your authorized family members. We may also share it with others but only with your consent, or as otherwise permitted by law. For example, we may share your medical information with designated individuals (e.g. caregivers). If applicable and to the extent permitted or required by law, we may also share your personal information with your provincial drug benefit program, private health insurance provider, or other health claim adjudicator as necessary in order to process your claim.

Finally, your personal information may be disclosed:

  • as permitted or required by applicable law or regulatory requirements;
  • as part of an audit by the Minister of Health;
  • to regulatory authorities, government bodies and/or registries;
  • to comply with valid legal processes such as search warrants, subpoenas or court orders;
  • as part of Kolab regular reporting activities to its affiliates;
  • to protect the rights and property of Kolab
  • during emergency situations or where necessary to protect the safety of a person or group of persons; and
  • with your consent.

Your Consent Is Important to Us

It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

As we have described above, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

Choice/Opt-Out

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer. In certain circumstances, the withdrawal of consent may render us unable to continue to provide products or services where the collection, use or disclosure of your personal information is necessary to provide the product or service.

We assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

How Is Your Personal Information Protected?

Kolab endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. Unfortunately, we cannot guarantee complete security: for example, (i) unauthorized access, use, or disclosure, (ii) hardware or software failure, and (iii) other events, may compromise the security of your personal information at any time.

The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of, or unauthorized access to or disclosure of, personal information that is in our custody or control.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information changes during the course of our relationship, please keep us informed of such changes.

In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

Access to Your Personal Information

You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, your personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

    Kolab Project Inc.
    55 Bruce Crescent,
    Carleton Place, Ontario
    K7C 3T3
    Attention: Privacy Officer
    E-mail: info@kolabproject.com

Revisions to this Privacy Policy

Kolab from time to time, may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website (at www.kolabproject.com), and we encourage you to refer back to it on a regular basis.

This Privacy Policy was last updated on November 9, 2018.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore, where the word "including" is used, it shall mean "including without limitation".

This Privacy Policy does not create or confer upon any individual any rights or impose upon Kolab any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada's federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.

This website is owned and operated by Kolab Project Inc. (“Kolab”, “we” and “us”), a company incorporated under the laws of the Province of Ontario with an address at 55 Bruce Crescent, Carleton Place, Ontario, Canada K7C 3T3. Access and use of this website (“Website”) and its related services (the “Services”) are provided by Kolab to you on condition that you accept these terms of use. By accessing or using this Website or the Services (including the purchase of any products offered on this Website (“Products”)), you agree to these Terms of Use. If you do not agree to accept these terms of use, you may not access or use this Website or the Services.

These Terms of Use govern the relationship between you and Kolab with respect to your use of this Website and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.

You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.

Any changes we make to these Terms of Use will be effective immediately upon posting on this Website. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.

1. Use of this Website

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into these Terms of Use or use this Website or the Services.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into these Terms of Use or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.

You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.

Your Account may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Website or the Services is not allowed.

2. Privacy

Kolab is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services. Please see our Privacy Policy at https://kolabproject.com/privacy for further details.

You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

3. Services

In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.

You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.

You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree not to transfer your right to use or access this Website or the Services via your username or password to any third person.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.

4. Products

This Website may allow you to purchase Products from time to time. We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations under: (i) the federal Cannabis Act (the “Act”); and (ii) any other applicable legislation.

Should you choose to purchase a product, please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send an order confirmation to your email address. That confirmation constitutes our acceptance of your order.

Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: (i) limitations on the quantities of any Products available for purchase; (ii) inaccuracies or errors in Product or pricing information; (iii) Product restrictions mandated by local, provincial, national or international regulations; and (iv) problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.

Subject to applicable laws, we may amend this Website, and the Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.

SUBJECT TO SECTION 7 BELOW, ALL SALES ARE FINAL.

5. Payment

The prices displayed on this Website are quoted in Canadian dollars.

Product prices do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for same. Also note that the price of any Product on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are also responsible for the payment of same.

Where you elect to purchase any Products, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Services as more particularly set out in the order confirmation provided at the time that you ordered such Services. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.

6. SHIPPING POLICY

Purchases will generally be shipped out within two to three business days via Canada Post or Purolator. As above, you are responsible for all shipping costs associated with your purchase.

7. Returns and Refunds

Subject to any restrictions outlined in the Act, we will only accept returns or exchanges of cannabis Products if any such Products are defective. All refunds and exchanges with respect to cannabis Products will be done in accordance with the Act.

We will accept returns on non-cannabis Products; however, you will be responsible for all shipping costs associated with same, and no returns or exchanges will be accepted: (i) after thirty (30) days from your date of purchase; or (ii) on any non-cannabis Product that is no longer in its original condition.

8. Personal use Only

Unless we expressly consent otherwise in writing, this Website and the Services are only for personal use (and not for commercial purposes).

9. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Kolab’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. In addition, and without limiting the foregoing, you agree not to:

  • use tools which hack or alter this Website or the Services, or that allow you to connect to this Website’s or the Services’ private binary interface or utilize any interfaces other than those provided by us to you;
  • attempt to obtain a password or other private account information from any other user of this Website or the Services;
  • create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with Kolab;
  • mirror or frame any part of this Website without Kolab’s express prior written consent; or
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without Kolab’s express prior written consent

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.

10. AVAILABILITY

WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THIS WEBSITE OR THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON.

11. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services, and you shall be solely responsible for all charges and fees related thereto.

12. CURRENCY OF WEBSITE

Kolab updates the information on this Website and the Services periodically. However, Kolab cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Services. Kolab may revise, supplement or delete information, services and/or the resources contained in this Website and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.

13. LINKED WEBSITES

This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Kolab monitors or endorses these websites. Kolab does not accept any responsibility for such websites. KOLAB 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 THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.

14. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services. Kolab recommends that you install appropriate anti-virus or other protective software.

KOLAB SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.

15. OUR MATERIALS

Kolab may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Kolab Materials”). If you download, access or use any Kolab Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Kolab’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Kolab does not transfer the title or the intellectual property rights to the Kolab Materials to you, and retains full and complete title to the Kolab Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Kolab Materials. You further agree not to decompile, reverse-engineer, or disassemble any Kolab Materials. Kolab or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

This Website (including its organization and presentation and Kolab Materials) is the property of Kolab and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

16. YOUR COMMENTS

Feel free to e-mail or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Kolab and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are not confidential; (iii) Kolab and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.

17. WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”

THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE KOLAB MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. KOLAB DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

FOR GREATER CERTAINTY, THE KOLAB MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING DIFFERENT STRAINS OF MEDICAL CANNABIS AND THEIR POTENTIAL SUITABILITY FOR TREATING DIFFERENT DIAGNOSES, ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND.

18. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE KOLAB MATERIALS.

IN NO EVENT SHALL KOLAB OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “KOLAB PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE PRODUCTS, THE SERVICES, THE KOLAB MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, KOLAB’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE KOLAB MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE GREATER OF: (I) FIFTY PERCENT (50%) OF THE FEES THAT YOU ACTUALLY PAID TO KOLAB IN CONSIDERATION OF ANY PRODUCTS PURCHASED BY YOU OR SERVICES PROVIDED TO YOU UNDER THESE TERMS OF USE; AND (II) FIVE ($5.00) DOLLARS CAD.

THE CONSIDERATION BEING PAID TO KOLAB UNDER THESE TERMS OF USE DOES NOT INCLUDE ANY CONSIDERATION FOR KOLAB TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY KOLAB, KOLAB WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

19. CLASS ACTION WAIVER

TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

20. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE KOLAB PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO KOLAB AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST KOLAB IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OF USE; OR (3) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICES USING YOUR ACCOUNT OR EMAIL ADDRESS.

21. SUSPENSIONS

As above, we reserve the right to suspend your Account and/or your access to this Website and/or the Services immediately, with or without notice to you, and without liability to you, if Kolab, in its sole discretion, believes that:

  • you have violated or otherwise breached these Terms of Use;
  • any information provided by you is untrue, inaccurate, not current or incomplete;
  • you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Kolab.

These suspensions will be for such periods of time as Kolab may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

22. TERM & TERMINATION

Kolab may, from time to time, but is in no way obligated to, permit you to access and use this Website and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Kolab shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.

Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website and the Services.

23. NOTICE

If you need to contact us regarding this Website, the Services or these Terms of Use, please reach out to us at info@kolabproject.com, 1-833-565-2278 or 55 Bruce Crescent, Carleton Place, Ontario, Canada K7C 3T3.

24. MISCELLANEOUS

This Website and the Services are solely directed to individuals residing in Canada. We make no representation that materials on this Website or the Services are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use are governed by and construed in accordance with the laws in the Province of Ontario, Canada, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the courts located in the Province of Ontario, located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Sections 13, 14, 16 – 20, 23 and 24 will survive any termination or expiry of these Terms of Use.

Subject to any additional terms and conditions presented to you at the time of purchase of a Product, these Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.

These Terms of Use are not assignable, transferable or sub-licensable by you except with Kolab’s prior written consent. Kolab may assign these Terms of Use without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on November 7, 2018.