Terms and Conditions
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.
1. USE OF THIS WEBSITE
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.
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.
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.
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 (if applicable), 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. A properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. An 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 any Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.
Any 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 (if applicable), you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Products as more particularly set out in the order confirmation provided at the time that you ordered such Products. 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. 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).
7. CODE OF CONDUCT
(i) 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;
(ii) attempt to obtain a password or other private account information from any other user of this Website or the Services;
(iii) 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 Auxly;
(iv) mirror or frame any part of this Website without Auxly’s express prior written consent; or
(v) 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 Auxly’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.
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.
9. 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.
10. CURRENCY OF WEBSITE
Auxly updates the information on this Website and the Services periodically. However, Auxly cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Services. Auxly 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.
11. 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 Auxly monitors or endorses these websites. Auxly 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.
12. 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. Auxly 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.
13. OUR MATERIALS
Auxly may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Auxly Materials”). If you download, access or use any Auxly 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 Auxly’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Auxly does not transfer the title or the intellectual property rights to the Auxly Materials to you, and retains full and complete title to the Auxly Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Auxly Materials. You further agree not to decompile, reverse-engineer, or disassemble any Auxly Materials. Auxly 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 Auxly Materials) is the property of Auxly 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.
14. 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) Auxly and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are not confidential; (iii) Auxly 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.
15. 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.
16. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE KOLAB MATERIALS.
17. 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.
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 Auxly, in its sole discretion, believes that:
(ii) any information provided by you is untrue, inaccurate, not current or incomplete;
(iii) you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Auxly.
These suspensions will be for such periods of time as Auxly may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
20. TERM & TERMINATION
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.
What Is Personal Information?
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;
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 from time to time, under the Kolab Project brand. As such, Kolab may also collect personal information from individuals participating in and / or impacted by these cannabis related activities.
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.
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.
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 products and services.
• 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 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 customers’ 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.
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 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.
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.
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.
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.
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?
Kolab Project Inc.
55 Bruce Crescent,
Carleton Place, Ontario
Attention: Privacy Officer
Kolab Project Inc. is committed to treating all individuals in a manner that allows them to maintain their dignity and independence. We are committed to meeting the needs of individuals with disabilities in an efficient and timely manner by preventing and removing barriers and meeting the requirements under the Accessibility for Ontarians with Disabilities Act.
Multi-Year Accessibility PlanDownload
Customer Service PolicyDownload