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Privacy Policy

This Privacy Policy was last updated on April 19, 2017.

This Notice of this Privacy Policy (“Notice”) applies to information collected, processed by INDIVA’s , online at indiva.ca (Collectively, “Services”). This Notice describes the extent of data collection and use for INDIVA’s Services.

This Notice of Privacy Practices explains:

Your access to and use of our Services and/or Website (the “Site” or “Website”)means you agree to the terms in this Notice and our Terms of Use. We encourage you to refer to this Notice periodically so that you understand our current privacy practices.

If you have any questions about this this Notice, please contact our General Counsel.

  • Via e-mail at [email protected]
  • By mail at:
    INDIVA General Counsel
    1036 Hargrieve Road
    London, Ontario, Canada N6E 1P5
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PRIVACY POLICY EFFECTIVE FOR CANADA

INDIVA complies with all privacy and medical legislation within Canada. Legislation and / or privacy rights may be different from one jurisdiction to another. INDIVA’s Privacy Policy covers activities that are subject to Canada's federal and provincial privacy and health information laws in each respective province or territory.

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DEFINITION OF PERSONAL INFORMATION

With regard to the INDIVA privacy policy, "personal information" is defined as information in any form about an individual who can be identified and is using our website, with the exception contact information of an individual’s business when collected, used or disclosed in order to enable the individual in question to be contacted with matters related to their business responsibilities. INDIVA’s definition of “personal information,” can include information about the mental or physical health or wellbeing of an individual, among other types of information.

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WHY WE COLLECT & USE INFORMATION

INDIVA understand that you entrust your data to us. We value that trust. Our collection and use of customer data is guided by our corporate principle of Customers First and subject to our INDIVA Responsible Information Management program.

We may use the information we collect for the following primary reasons:

  1. Product & Service Fulfillment (FUL)
  2. Marketing, Promotions & Advertising (ADV)
  3. Internal Operations (OPS)
  4. Fraud Prevention, Security and Compliance (SEC)

We may combine information collected from different sources (see section on What We Collect & Share). Below is a summary of some of the ways we collect and use information:

1. Product & Service Fulfillment (FUL)

  • To complete, fulfill, manage, and communicate with you about transactions;
  • To establish and service your online profile on our websites;
  • To provide customer service and alert you to product or shipping information;
  • To provide personal services such as The Registry at INDIVA; and
  • To administer loyalty programs.

2. Marketing, Promotions & Advertising (ADV)

  • To deliver information about our products, services, and promotions;
  • To provide interactive features on our websites (e.g., product ratings and reviews);
  • To identify product preferences & shopping preferences ; and
  • To administer contests, sweepstakes, promotions, surveys, and focus groups.

3. Internal Operations (OPS)

  • To improve the effectiveness of our website, merchandise assortment, and client service;
  • To conduct research and analytics related to our operations; and
  • To perform other logistics and operation activities as needed.

4. Fraud Prevention, Security and Compliance (SEC)

  • To protect our assets and prevent fraudulent transactions;
  • To validate credentials & authenticate customers when logging into your online profile, or transacting online;
  • To protect the security and integrity of our Services and our data; and
  • To assist law enforcement and respond to legal/regulatory inquiries.

The rest of this Notice refers to the collection & use codes above (FUL; ADV; OPS; SEC). This is so you can better understand why we collect & use different types of information in accordance with our privacy practices and our Responsible Information Management program.

INDIVA collects your personal information to help us manage, maintain, and develop the services, products, and operations we provide. Below are included some examples of how we use your data:

  • To create and maintain a strong, mutually beneficial relationship with you, our user, and provide to you or receive from your information and/or products and services.

  • To provide users with the option to create and access an account on our website, allowing them easier access to products, services, and other features.

  • Enabling reviews of INDIVA products and services in order to understand your need for our products and services and to continually improve these products and services.

  • Enable us to receive and accept your requests regarding our products and services. This includes how you prefer to be contacted, receive your order, etc.

  • Allowing INDIVA to safeguard the website and company from errors, fraudulent behaviour, theft of any kind, and/or damage to products and property of any kind.

  • Enabling INDIVA to operate in accordance in all applicable regulations or regulatory processes in each respective region our services are available in.

  • Carry out any action which would be deemed a reasonable purpose which you consent to.

INDIVA collects personal information and personal health information about you, the user, in connection with the provision of healthcare services we provide, including:

  • Providing medical cannabis to you

  • Providing users with resources related to medical cannabis.

  • Maintaining communications with you to keep you apprised of information which may be of assistance or interest to you.

  • Helping physicians, registered nurses, or other healthcare providers as required.

  • Replying to insurance provider requests made by or on behalf of the user for insurance claims to the extent applicable.

  • Tracking and managing your record as an INDIVA client and patient of medical cannabis (including cannabis purchased, services used, effects of medical cannabis, & more.)

  • Receiving and/or processing payments.

  • Investigating claims.

  • Referring you to healthcare practitioners upon request.
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WHAT WE COLLECT & USE

INDIVA collects and keeps different types of personal information in respect of the individuals with whom we interact. Information collected by INDIVA can include:

  • Information you provide: (FUL, ADV, OPS, SEC)

    We collect various information when you create a profile, place an order, create a registry or take advantage of other programs online or in store. Information we may collect includes: Name, Address (billing and shipping), Zip code, e-mail address, Telephone number(s), Cellular phone number(s), Credit card number(s), Birth date, and Security question answers. (To express your preferences related to information you provide, go to the Manage Your Preferences section below).

  • Technology-Enabled Collections: (FUL, ADV, OPS, SEC)

    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 what country you are from. We use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website.

    We may place a "cookie" on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. 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 the website so that we can better understand your use of our website so that we can customize and tailor the 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. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on the website.

    Finally, our website may contain links to other websites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. Canopy 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.

  • Transaction Information: (FUL, ADV, OPS, SEC)

    Transaction Information includes items purchased, date and time of your transaction, for online purchases. When you make a purchase or create a gift registry, we may share information about you and your transaction with other companies necessary to process your transaction or offer you products or services that may be of interest.

  • Third Parties: (FUL, ADV, OPS, SEC)

    • We may collect about health care practitioners may be used to comply with our legal and regulatory requirements, including, for example, to verify the information provided on Medical Documents. In certain circumstances, we may be required to disclose such information to the relevant licensing authority that governs the practice of their profession.
    • We may receive your updated shipping information from a third party carrier.
    • We may collect or use information made available to us through third party platforms, online databases and directories, or other means. We specify that data sourced from a third party must be legitimately and legally obtained. Some or all of this information may be governed by the privacy statements of the third party.
    • We may share information with third parties who provide services to us or who work with us to offer products or services online or in our stores. INDIVA also may share information with third parties so that they may directly offer their products or services to you if we think they may be of interest to you.
    • We participate in consortiums with partners to share information or match customer data. When shared, this information is de-identified & anonymized.
    • We may also use information we collect about you in the aggregate for statistical purposes, for example to identify the demographics of our clients, the types of diagnoses that our clients are using medical marijuana to treat, and the types of strains that are most beneficial for different diagnoses. We may publish and/or disclose aggregate statistics to third parties but never any identifiable personal information (except in accordance with this Policy).

    INDIVA collects personal information directly from individual users on the website. If INDIVA requires additional personal information from you but that information is held by a third party INDIVA will obtain permission from you prior to getting that information from the source. In such cases permission will be obtained directly from you or will be implied by your actions.

    INDIVA reserves the right to retain third party services and INDIVA may also receive personal information about you collected by those third parties at any point, during the third party’s rendering of services for us or otherwise. In such cases INDIVA will take all reasonable measure to be sure that the third party organization has been permitted and has the right to share your personal information with INDIVA.

    We collect information from a variety of sources, including: information provided by you, transaction information, technology-enabled services, and information we collect about you from third party sources. The following are select examples of the types of information we may collect and share:

    Please note: Our website may provide you with an opportunity to interact with others and share your thoughts, information, content and materials (collectively "User Generated Content"). You are solely responsible for the User Generated Content that you post on our website. Unless explicitly stated otherwise, any User Generated Content that you post onto our website (including your username) will be made publicly available. As such, do not post any personal information onto our website (such as your name or address) if you wish to remain anonymous.

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INDIVA PRIVACY POLICY REGARDING MEDICAL CANNABIS

INDIVA's medical cannabis operations include the following activities and closely related activities:

  • Operating and maintaining a marijuana production facility and all of the related responsibilities.

  • Making medical cannabis available and distributing it to individuals qualified as evidenced by a medical document officiated by Health Canada.

  • Educating interested parties and stakeholders (investors, healthcare practitioners, various government officials, patients) regarding medical cannabis and its effects. INDIVA may collect information at any point from any person using any resources accessed from INDIVA online or in person.

    For you to qualify to obtain medical cannabis from INDIVA, we require you to follow legal regulations and provide INDIVA with:

  • A document known as a "Medical Document" filled out and submitted by an authorized healthcare practitioner.

  • Authorization form.
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THE MEDICAL DOCUMENT

The INDIVA Medical Document requires the following information to be provided:

(i) The details of your healthcare provider - name, official profession, clinic address, telephone, fax, email, province of registration, and medical license number; (ii) The name and date of birth of birth of the patient for whom the medical document is being written; location of the consultation which led to the medical document being filled out; and (iii) information about recommended dosage for the patient, dosage referring to the product, quantity used, and period of use. The form also has room to allow a medical practitioner to provide INDIVA with your diagnosis and additional comments regarding the treatment.

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THE AUTHORIZATION FORM

The authorization form is included in the medical document package and must be received by INDIVA in order for us to verify the information in your Medical Document with the healthcare practitioner who filled out the Medical Document.

Healthcare Practitioner Information

Information collected by INDIVA about healthcare practitioners (doctors, nurse practitioners) is a requirement which allows INDIVA to cooperate with legal and regulatory requirements. An example is using this information to verify the Medical Documents we received are correct. There exists a possibility that INDIVA will be required to disclose this or any other personal information to the authorities which governs the practice of a respective profession.

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OUR USE OF INFORMATION TECHNOLOGIES

The following section describes various types of technologies we use when you interact with us online, shop through our online stores, and your choices regarding those technologies:

Cookies, Pixel Tags, and Flash Cookies (FUL, ADV, OPS, SEC)
On our websites we use Cookies, Pixel Tags, and more limitedly, Flash Cookies. This section briefly describes each:

A Cookie is a small piece of computer code sent by a website and online stored on the hard disk of your computer. A pixel tag (also known as a tracking pixel, web beacon, or clear GIF) is an embedded image on a website that may register a user's website activity. A Flash Cookie (also known as a Local Shared Object) is a data file stored on your computer by the websites that you visit (click here for more details). Flash Cookies provide similar functionality as Cookies, but are based on different technology, provide richer data collections, and are persistent; they do not go away when you exit your browser and generally cannot be deleted through your browser option tools.

At INDIVA we use two kinds of Cookies: session cookies and persistent cookies. Session cookies exist only for as long as your browser remains open. We use session cookies, for example, to manage items added to your shopping bag. Persistent cookies last from visit to visit; they do not go away when you exit your browser. We use persistent cookies to enable an easier log-in process, give you a more personalized shopping experience, or help you navigate our website more efficiently. For example, we use persistent cookies to show you items you have previously browsed. From time to time, we may use Flash Cookie(s) on our website(s), for example, to enable or control richer Flash-based content.

If you block cookies from indiva.ca, you will not be able to make purchases on our websites.

Do Not Track (DNT) (ADV, OPS)
INDIVA does not currently recognize and process Do Not Track signals from different web browsers. Customers may manage their preferences for tracking across sites in the Interest-Based Advertising section above. For more information on Do Not Track please visit http://allaboutdnt.org/.

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MANAGING YOUR PREFERENCES

This section details, in one place, how you may express preferences including electing to opt-out of some data collections or uses.

Access to Accounts, Online Profiles, and Orders

  • If you are a registered user of indiva.ca, you can update your information in My Account.
  • If you have questions about your order, you may check your order status online.
  • If you have any other questions, please call our Customer Service at 1-888-649-6686.
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THE IMPORTANCE OF YOUR CONSENT

Your consent with regard to INDIVA collecting, using, and/or disclosing your personal information is important. For information which can reasonably not be considered sensitive, your consent may be implied, deemed using an opt-out system, or express. Express consent is given either orally, electronically, or in writing. Implied consent is defined as consent which can reasonably be inferred from your actions (or inaction) on our website.

We will typically seek and acquire your consent when we collect your personal information. However, in exceptional circumstances consent may be obtained following collection but before we use or disclose this information. If we intend to use your personal information for purposes not outlined in this privacy policy or otherwise we will make all reasonable efforts to advise you of such occurrence before such disclosure occurs.

If we are permitted or required by applicable laws or regulations we will collect and/or disclose your personal information without your knowledge or consent.

You have the opportunity to withdraw your consent at any time. However, your withdrawal of consent is subject to contractual and/or legal obligations and notice within a reasonable time by contacting INDIVA’s General Counsel, who is INDIVA’s Chief Privacy Officer (contact information laid out below).

Any and all communications regarding consent must be written and address to INDIVA’s General Counsel.

Unless we are advised otherwise, we assume you have consented to INDIVA collecting, using, and disclosing your personal information as per the parameters set out in this Privacy Policy.

Updating Your Information

The information contained in our records must be accurate and current to help us better serve you. If in the course of your relationship with INDIVA your personal information should happen to change, please inform us through our website.

In certain circumstances your request to change your information may be denied and instead we will append alternative text to the information in question.

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ACCESS TO YOUR PERSONAL INFORMATION

To review your personal information please contact our General Counsel. As previously noted, any communication with our General Counsel must be made in writing.

When you make a request to access your personal information we may request information from you which will enable us to confirm your identity and right to access the information you are requesting. This personal information you provide for us will also help us find the personal information we have about you.

We reserve the right to charge a nominal fee for facilitating access to personal information we have. You will be notified of any fee in advance and will only pay if it you decide to proceed with accessing your information. Contact our General Counsel if you require assistance with your request.

You have the right to access the personal information we hold about you, although your right to do so is not absolute. There exist situations where laws and/or regulations allow and/or require INDIVA to withhold access to some or all the personal information we hold about an individual. In accordance with our record-keeping practices and obligations your information may be destroyed, erased, or made anonymous.

If it should come to be that we are unable to accommodate access to your personal information we will do our best to explain the reasons, except in cases where laws or regulations restrict our capacity to do so.

Data Sharing Preferences

If you prefer that we not share your information with third parties for marketing purposes, you can contact us:

  • By mail at:
    INDIVA General Counsel
    1036 Hargrieve Road
    London, Ontario, Canada N6E 1P5
    • If you choose to write to us, please include your name, address, phone and your INDIVA client card number, state "NO THIRD PARTY SHARING" in your request.
  • By phone at 1-888-649-6686

Email Communications

  • Promotional or Marketing Emails: To opt-out of receiving promotional or marketing e-mails from Bloomingdale’s at a specific email address, you may:
    • Use the unsubscribe link in the footer of any e-mail sent by indiva.ca.
    • Unsubscribe by signing into your account on bloomingdales.com, clicking on my profile and indicating your opt-out preference.
    • Or contact us:
      By mail at:
      INDIVA General Counsel
      1036 Hargrieve Road
      London, Ontario, Canada N6E 1P5

    Note: It may take up to 10 business days to process your request.

  • Customer Survey Emails: We may send surveys, via e-mail, to our customers in order to collect opinions and feedback about their shopping experiences. To opt-out of receiving survey emails from INDIVA, you may use the unsubscribe link of any survey email.

  • Specialized Email Programs: You may have signed up for one of our specialized email programs (e.g. Rewards). To opt-out of receiving emails from one of those specialized programs, you may use the unsubscribe link at the bottom of any of these emails.

    Note: Operational emails (e.g. shipping confirmation or product recall information) do not provide an opt-out option.

Direct Mail or Telemarketing

  • Direct Mail or Telemarketing: To opt-out of receiving direct mail or telemarketing calls, you may contact us:
    • By phone at 1-888-649-6686
    • By mail at:
      INDIVA General Counsel
      1036 Hargrieve Road
      London, Ontario, Canada N6E 1P5
    • If you choose to write us, please include your name, address, phone and your INDIVA client card number and state one of the following:
      • "NO MAIL OFFERS" (if you don't want to receive offers by mail);
      • "NO PHONE OFFERS" (if you don't want to receive offers by phone); or
      • "NO MAIL OR PHONE OFFERS" (if you don't want to receive either)

    Note on Opting-Out of Direct Mail: Because direct mailings are often prepared well in advance (12-16 weeks, in some cases) you may, for a period of time, continue to receive some physical mail after you send us your request.

Website & Online Services Preferences

  • Cookies & Flash Cookies: INDIVA reserves the right to place a “cookie” or “cookies” on your computer’s hard disk drive when you enter our website solely for the purposes of tracking your visit and collecting information about it. Cookies are data which are downloaded through your web browser to your hard drive to collect information about your visit to the website which sent them to your computer. Information sent to a website from a cookie is sent only to the website which sent the cookie to your computer. A cookie can act as an identification device which makes it possible for a website to identify individual users and record preferences, settings, and login credentials (username and password). INDIVA uses cookies to improve your browsing experience, both by (i) analyzing information collected about your session and using it to improve the website on future visits and (ii) by tailoring your session to your needs based on what we know about you and your usage habits. By default, most web browsers are set to accept cookies when the user visits a website which uses them. Most browsers give an option to change the cookie settings to either notify the user when a website is sending cookies so the user can choose to accept or deny the cookies or to automatically reject the website’s request to send a cookie to the hard drive. Please note that if you don not accept cookies from our website, either by choice or automatically, you may be unable to access some pages/assets/resources hosted on our website and your browsing experience may be affected.

    Our website contains links to other websites. We have no control over these websites and their privacy policies may be different. INDIVA is not responsible for any policy or practice of third party websites we link to on our website. We are only responsible for what we do with the data we collect from you while you are on our website. We are not responsible for the way third parties collect, use, or disclose your data, through cookies or otherwise. If you choose to visit an external website linked to by INDIVA, review the privacy policy of the website before providing any personal information.

  • Social Network & New Tech Advertising: You can manage your preferences for many of these advertising programs through the links provided below:

    For more information on Social Media see our Social Media Policy

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OWNERSHIP OF CUSTOMER DATA

If INDIVA, its parent company or any of its subsidiaries is sold to or otherwise acquired by a third party, all INDIVA data assets will become the property of the acquiring party. Such a party will be subject to any consent(s), opt-outs or other customer conditions on data. A change in data ownership may or may not include a notice on the primary online sites of INDIVA or affected subsidiary sites.

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ADDITIONAL DISCLOSURES

INDIVA is committed to resolving any customer concerns regarding their privacy. If you have any questions about this Privacy Policy or concerns about how we manage your information, please contact our General Counsel 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.

  • Via e-mail at [email protected]
  • By Phone: 1-888-649-6686
  • By mail at:
    Attention: Koby Smutylo
    1036 Hargrieve Road
    London, ON N6E 1P5
    Canada

You may also make a complaint under the Ontario Personal Health Information Protection Act to the Information and Privacy Commissioner of Ontario by completing this form:
http://www.ipc.on.ca/images/Resources/up-cudfrm_e.pdf. If you reside in another jurisdiction, you may potentially file a complaint with the relevant authority in that jurisdiction.

Revisions to this Privacy Policy

This Privacy Policy may be amended or otherwise changed in accordance with changes to legal obligations or the way INDIVA handles user’s personal information. Any changes made to this Privacy Policy will be updated on our website.

Interpretation of this Privacy Policy

Our General Counsel will make any interpretations regarding this Privacy Policy. Although this Privacy Policy does include examples, these examples are not intended to restrict applications of the Privacy Policy. Therefore, these examples contain the word, “including,” which mean, “including without limitation.”

The INDIVA Privacy Policy does not create or confer rights onto any party or entity, either INDIVA or an individual, outside of or in addition to regulations imposed by the federal privacy laws and provincial privacy and health laws set out by the respective Governments in Canada. Should any situation occur in which there is an inconsistency between the INDIVA privacy Policy and any Canadian laws, this Privacy Policy will be interpreted to comply with such privacy laws, as applicable.

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SAFEGUARDING INFORMATION

INDIVA has put various procedural, technical, and administrative measures in place to safeguard the information we collect and use. We designed our technology-enabled services to accept orders only from Web browsers that permit communication through a Secure Socket Layer (SSL). SSL is an encryption standard that provides a layer of security while information is being transmitted over the Internet.

As a matter of policy, we do not disclose details regarding our security measures as this could be beneficial information to criminals and other bad actors.

Be advised, no security safeguards or standards are guaranteed to provide 100% security. You should always use appropriate self-protection measures and practice safe browsing on all websites. For more information on how you can securely shop with us, please review our Security Tips by clicking here. The National Cybersecurity Alliance also provides comprehensive information to stay safe online.

Additionally, sometimes bad actors attempt to use our brand to create fake web pages, send fake texts or emails, and conduct other illegal activities to commit fraud or attempt to breach consumers’ security. We actively monitor for these illegal scams and shams. We provide FAQ’s and Consumer Protection Alerts in our Customer Protection Center (CPC) as we learn of these activities. If you receive anything with the INDIVA brand that seems suspicious, you can check to see if there is an alert on the CPC or call our customer service department.

We protect the personal information we collect about our clients to prevent loss, misuse, and/or alteration. INDIVA has in place physical, technical and organizational safeguards appropriate to the level of sensitivity of our clients’ personal information. Our security measures are designed to prevent unauthorized access and any other unauthorized activity.

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Terms of Service

This Terms of Service was last updated on June 30, 2017.

©2017 INDIAVA.ca, LLC. All rights reserved. Please refer to the Terms of Service below.

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GENERAL

The website at the URL “indiva.ca”, (“this Website,” “the Site,” “the Website,” or “INDIVA’s Website,”) and any subdomains, services and/or tools it offers are owned and operated by INDIVA Inc. (“INDIVA”, “indiva.ca”, “We”, “Our” and “Us”, including where applicable any affiliates of INDIVA). In order to access and use the services provided on the Site (the “Services”) and/or to purchase a product offered for sale through the website (the “Products”), you must register and create an account (an “Account”) and agree to these Terms and Conditions as well as the Privacy Policy available on this website (the “Agreement”).

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NOT MEDICAL ADVICE

The website and any content on the Website (content can include subdomains, webpages, images, text, sounds, and other data or intellectual assets), also known as “the Content” is provided for general informational purposes only. None of the information contained on this website constitutes medical advice and is not a representation as to the efficacy, intended use, or advised use of any of the Products or Services listed and/or sold on the website. No Content on the Website is intended to be or be a substitute for professional medical advice. By using the Website you agree that you do not consider any Content on the website to be professional medical advice, and do not use Content on the Website as a substitute for a consultation with a health professional.

NEVER CONSULT INDIVA.CA OR ANY CONTENT CONTAINED THEREIN WHEN SEEKING MEDICAL ADVICE. IF YOU NEED MEDICAL ADVICE CONSULT A PHYSICIAN, NURSE PRACTITIONER, OR ANY OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU HAVE ABOUT YOUR HEALTH, ILLNESS, AND/OR THE SUITABILITY OF EFFECTIVENESS OF MEDICAL CANNABIS OR ANY OTHER TREATMENT WITH REGARD TO YOUR CONDITION. DO NOT SUPERCEDE A PROFESSIONAL HEALTHCARE PROVIDER’S ADVICE WITH ANYTHING YOU LEARN ON THIS WEBSITE. IF YOU HAVE A MEDICAL EMERGENCY CALL YOUR DOCTOR OR 911 IMMEDIATELY.

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ACCEPTANCE

By using the website you implicitly agree to the Terms and Conditions laid out in this document and agree that they apply every time you access the website. You also agree and warrant that you will only use INDIVA’s website for sanctioned, legitimate purposes and not for any illegal or unauthorized purpose including without limitation, violation of any law whether criminal, intellectual, or privacy law or any other applicable law or regulation. By using the website you warrant that you meet the age of majority in your province of residence and are legally capable of entering into a binding contract with INDIVA. You agree that you will not to attempt to interfere with our Website’s network, security features, functionality or to gain unauthorized access to our systems at any time by any means.

You also give us the right to collect, use, and disclose any personal information you share with us through our website in accordance with our Privacy Poilcy.

Before registering as a user and creating an account on the website you must read and accept all terms and conditions contained in or linked to in this Terms and Conditions document and the INDIVA Privacy Policy. We also recommend that you read in full any linked information which you come across as you read the Terms and Conditions and Privacy Policy. If you do not agree to the INDIVA Terms and Conditions, you are not permitted to create or have an account or to complete the registration process. Any questions, queries, or concerns regarding these Terms and Conditions can be directed to [email protected].

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ELIGIBILITY

The Site and Services are only intended for use by residents of Canada who meet the age of majority. By registering an Account and using the Services, you represent and warrant that you are ordinarily resident in Canada. You also represent and warrant that you are of the age of majority. The Site, Products, and Services are only intended to be used by adults over the age of majority and not intended to be used by minors. With regard to the Terms and Conditions laid out in this document, a “minor” is someone who has not reached the age of eighteen (18) and the age of majority in the respective jurisdiction in which the user is accessing the Site. Minors are forbidden from creating, registering for an account, or accessing the site in any way. In cases where a doctor or healthcare practitioner has prescribed Products or Services offered by INDIVA to a minor as part of a treatment plan, the Products or Services must be procured by the minor’s caregiver or guardian. The caregiver or guardian is responsible for creating an account and filling out and submitting the documentation which allows them to procure our Products or Services for a minor.

Some INDIVA Products and Services may be regulated under Canadian regulations including the Controlled Drugs and Substances Act (Canada), the Access to Cannabis for Medical Purposes Regulations (Canada; “ACMPR”), the Narcotic Control Regulations (Canada; the “NCR”), and other applicable laws. When registering for an Account on the Site and purchasing Products or Services you represent and warrant that you are not aware that use or procurement of any INDIVA Products or Services violates any laws listed here or otherwise.

As defined in the ACMPRT some Products and/or Services may be restricted to qualified Health Care Practitioners. If you register for an account or procure Products or Services as a Healthcare Practitioner you are warranting and representing that you satisfy all legal requirements of hold such a designation.

You specifically represent and warrant that you have not been named in a notice issued under section 59 of the NCR which has not been retracted under section 60 of the NCR and are in good legal standing. INDIVA reserves the right to confirm your compliance with the representations and warranties you have made by agreeing to this document. INDIVA may confirm your compliance at any time by investigating or requesting supporting documentation from you or the necessary party.

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REGISTRATION AND PASSWORD

You must register as a user on the website by creating an account in order to use the Services and/or Products provided on the site. You are required to provide all of the “Registration Information,” requested on the site when when you register. After you register successfully you become a “Registered User.” The registration process for creating an Account requires that you create a Password and User Identification, or “User ID.” INDIVA will identify you using your User ID and associate you with the specific account you registered. Your password allows you to access your account. It is your responsibility to create a unique, secure password and not disclose it to anyone. INDIVA recommends using a combination of numbers, letters, and special characters to create a secure password. You are responsible for action taken using your account, even if you share your account information, password, or personal information with others. You will lose control over your personal information and may be subject to legally-binding actions taken using your account if you give up control of or lose your password. If your account or password becomes compromised notify INDIVA immediately or change your password.

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REGISTRATION UNDER THE ACMPR

To provide Products and Services to you, the User, you or an individual for whom you are responsible as the client (“Registered Client”) must be registered with INDIVA within the parameters described in the ACMPR (“ACMPR Registration”). By pursuing the creation of an account you agree to provide the original copies of the documents containing all the information INDIVA requires to register you as a client under the ACMPR (collectively, “The Application”). You acknowledge and agree that the ACMPR Registration is subject to requirements of the ACMPR. You are aware of and agree to the condition that INDIVA may refuse, cancel, or terminate your ACMPR Registration at any time if at any time and subject to our discretion we believe that you have provided any false and/or misleading information in any form with an Application or a request to amend a registration or you are not eligible to be registered for any reason.

BY USING THIS WEBSITE YOU AGREE THAT INDIVA IS NOT LIABLE IN ANY FORM WHATSOEVER FOR ANY LOSS, LIABILITY, OR DAMAGE ARISING IN ANY FORM FROM ANY REFUSED, CANCELLED, OR TERMINATED ACMPR REGISTRATION.

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USE OF THE SITE

You are permitted to view and/or print out physical copies of individual pages (“Webpages”) from the Website for what can reasonably considered personal, informational, record-keeping, or non-commercial use, however, you are not permitted to otherwise reproduce, copy, republished, collect or catalogue (by any analog or digital means) modify, or distribute any of the Content or Webpages without INDIVA’s express, written consent. Except when otherwise expressly noted in writing from INDIVA, you may not use the Website or any Content for commercial purposes.

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USE OF THE SITE (INDIVA.CA)

By using the website you implicitly agree to the Terms and Conditions laid out in this document. You also agree and warrant that you will only use INDIVA’s website for sanctioned, legitimate purposes and not for any illegal or unauthorized purpose including without limitation, violation of any law whether criminal, intellectual, or privacy law or any other applicable law or regulation. By using the website you warrant that you meet the age of majority in your province of residence and are legally capable of entering into a binding contract with INDIVA. You agree that you will not to attempt to interfere with our Website’s network, security features, functionality or to gain unauthorized access to our systems at any time by any means. You also give us the right to collect, use, and disclose any personal information you share with us through our website in accordance with our Privacy Policy.access.

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USE OF THE SITE (INDIVA.CA)

No User of the Website, whether registered or not, may at any time use the Website or any Content on the website for any unlawful or illegal purposes. The Website or Products or Services are not necessarily appropriate or available for use in all areas and INDIVA makes no such representation. INDIVA also makes no representation that users can or should access the Website or use the Products and Services from areas and/or jurisdictions where accessing the Website or using the Services are not permitted by law. Users who access the Website or use the Services from a jurisdiction in which doing so is unlawful do so on their own initiative and are responsible for their own compliance with any applicable local laws. You will not do any of the following while using the Website, Services, Tools, or Functionality of the website: Break these Terms and Conditions, any laws, any third-party policies, or any of our other policies;
Make use of the Website, any Services, Tools, or Functionality if you are not capable or able to legally form legally binding contracts, if you do not meet the age of majority in the province or territory where you reside, or if you are suspended from using the Website or Products or Services or Tools offered by INDIVA;
Use the Website in any capacity which could cause this Website to be negatively impacted in any way included but not limited to damaging, disabling, overburdening, or impairing. Post any content which could reasonably considered libelous, false, defamatory, inaccurate, misleading, or which exposes others’ personal information on the Website; Give access to or transfer an INDIVA User Account and/or User ID and/or Password to any other party without the express written consent of INDIVA.
Post and/or distribute any unrelated content on the Website including but not limited to chain messages, pyramid schemes, solicitations, spam, or bulk electronic messages; Obstruct, abuse, interfere or otherwise affect the security of the Website or any Products, Services, Service Resources, Servers, User Accounts, or any other Network(s) connected to the Website or affiliated websites or linked websites;
Implant, upload, instal, or otherwise distribute viruses, spyware, or any malicious technologies which may directly or indirectly harm INDIVA’s online assets (including the Website and all other digital technology), and/or the property of Registered Users; Not to interfere with or disrupt any other person’s use of the Website or any linked sites or affiliates;
Employ a robot, crawler, scraper, spider, or any other type of automated device or manual process used to scrape data from or copy Webpages or Content contained on the Website; Obtain or attempt to obtain unauthorized access to the Website or any section or Webpages of the Website which are not intended for general access and/or require login credentials; Copy, modify, or distribute access or rights to Content from the Website and any tools or Services or INDIVA’s trademarked or copyrighted material or assets;
Collect or attempt to collect any information about Registered Users of INDIVA, including but not limited to email addresses or any personal information without the express consent of the User.

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PROHIBITED USE OF THE SERVICES AND PRODUCTS

Your application and use of INDIVA Products and Services constitutes an agreement not to use any of the Products or Services unlawfully. You acknowledge in particular that the Products and Services offered by INDIVA are provided solely and exclusively for the personal of the Registered Client for whom they are procured, as identified on the containers the Products are packaged in as well as the accompanying documents included with the delivery of the products. You agree not to make INDIVA Products or Services available, not to offer them, or provide them to any individual other than the Registered Client(s) associated with your Account.

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SALE OF PRODUCTS

INDIVA reserve the right to cancel or refuse orders to any customer for any reason, including but not limited to for failure to comply with the applicable ACMPR Registration and the Terms and Conditions. If for any reason INDIVA discovers or has any reason to suspect whatsoever that any order is fraudulent or otherwise illegal or not permitted by law of INDIVA Terms and Conditions INDIVA reserves the right to inform the respective authorities and cancel the offending order.

Prices for any and all Products and Services on the INDIVA website may change at any time at INDIVA’s sole discretion and without notice. Any applicable sales taxes and/or shipping fees will be applied to an order prior to purchase. All Products and Services sold by INDIVA are intended for and sold exclusively for use by the Registered Client indicated on the product container as well as on the documentation accompanying the product during delivery. The Content published on this Website by INDIVA do not constitute any representation, warranty, guarantee, or otherwise a statement regarding the effectiveness or efficacy of any Products and/or Services sold on the Website for any purpose to the extent it is permitted in the ACMPR and/or any other applicable law(s).

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REFER AND EARN PROGRAM

You can earn credit towards future purchases in INDIVA’s online store (“INDIVA Dollars” or “Credit”) when you (the “Referrer”) refer another customer (the “Referee”) who successfully registers as an INDIVA customer and makes a purchase. Any Referee referred by the Referrer must fulfill all of the necessary requirements for becoming an INDIVA customer as outlined in the ACMPR and these Terms and Conditions. You can refer Referees to INDIVA exclusively by using the functionality built into your account page on the Website. You must provide the full legal name of the Referee to INDIVA and it must exactly match the name the Referee registers with INDIVA. INDIVA reserves the right to deny or revoke credit given to the Referrer at any time solely at INDIVA’s discretion.

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COMPASSIONATE PRICING

INDIVA offers a discount in the form of a reduced price (known as “Compassionate Pricing”) to eligible clients. Any user of the website seeking to take advantage of Compassionate Pricing must be eligible and must apply through the Compassionate Pricing functionality built into their account on the Website. In order to complete the application, a user must submit the INDIVA Patient Assistance Form through their account page on the Website, proving that they earn a combined income, from all sources, of less than thirty thousand ($30,000) Canadian Dollars per year. Government subsidies and assistance counts towards the $30,000 Canadian Dollars. The application can be submitted at any time after INDIVA receives the documentation necessary to register a client under the ACMPR. Not all strains are eligible for Compassionate Pricing. INDIVA reserves the right to change the terms of compassionate pricing at any time at its sole discretion and without warning or notice. INDIVA reserves the right to change the eligible strains at any times at its sole discretion.

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INSURANCE

You can request that INDIVA seek pre-approval from an insurer or any other similar service provider (“Insurer”). INDIVA may, but is not obliged to, comply by invoicing the Insurer for Products and Services which are covered, on your behalf. Should the pre-approval be granted, INDIVA reserves the right to directly invoice the Insurer for a claim on your behalf, at INDIVA’s discretion. INDIVA may invoice for all of or part of the cost of any Product or Service (“Covered Amount”) ordered by the client (“Claim”), in accordance with the authorization of the Insurer. A Claim is subject to any limitations imposed by the Insurer to which the claim is being submitted. By allowing INDIVA to submit Claims on your behalf you also allow INDIVA to disclose any information which is reasonably required to obtain pre-approval of a Claim or to process any Claim on your behalf.

You, the customer, will be required to pay any balance at the time of purchase if the Covered Amount is less than the full price paid at checkout. By agreeing to these Terms and Conditions you accept that you, the customer, are fully liable for the costs of Products and Services purchased at any time. If any Insurer fails to reimburse any Claim in full at any time INDIVA will collect the leftover unpaid balance from you, the customer by charging the remaining amount to any credit card or other payment method associated with your Account without notifying you in advance.

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ORDER LIMITS

Sales on the Website are subject to the availability of inventory. At INDIVA’s sole discretion, INDIVA may discontinue or limit the quantities of Products or Services offered to customers either individual or in a certain region or jurisdiction.

The quantity which any individual customer can procure are subject to the limitations stipulated in the ACMPR. Each order cannot exceed thirty (30) times the daily quantity specified on the applicable ACMPR registration (known as the “Daily Quantity”) or one-hundred-and-fifty (150) grams - whichever is the lesser quantity. No amount of orders made in a thirty (30) day period may exceed may exceed, cumulatively, thirty (30) times the Daily Quantity. INDIVA will refuse any order which exceeds the limits laid out here.

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ORDER FULFILLMENT AND DELIVERY

Any order placed between Monday and Friday will typically be processed for shipment between two (2) to three (3) business days, with the exception of holidays, during which it may take longer.

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REFUNDS AND EXCHANGES

INDIVA unequivocally stands behind the quality of the Products and Services offered on the Website. Should you find yourself unsatisfied by the Products or Service offered by INDIVA for any reason please address any concerns to [email protected]. At INDIVA’s sole discretion you may be offered credit towards future purchases of Products as an exchange for Product(s) you returned to INDIVA because of genuine dissatisfaction.

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VIOLATION OF TERMS

By using the Site you acknowledge that INDIVA has the right, in its sole discretion, to restrict, change, or terminate your access or any other user’s access to the site without any liability to you or a third party should you violate or assist in violating any of these Terms and Conditions, violate any of INDIVA’s rights, interfere with any other user’s access or use of the site in any way, should INDIVA decide that your use is detrimental to the site in any way, detrimental to INDIVA, or any of INDIVA’s suppliers, licensors, or partners. The INDIVA team works hard to keep the Website and any Services and Tools working optimally for the convenience of our Users. If you encounter any violations of our Terms and Conditions and/or Privacy Policy, or content which one might reasonably deem offensive please report it to us so we can address it. We may take any measures at our sole discretion to remedy the situation including but not limited to suspending, terminating, or otherwise affecting any user account, limiting individual User’s access to Products and/or Services, reducing, removing, or restricting access to the Website and Content, tools, functionality, or services, deleting or editing content posted and hosted on the Website, and/or taking legal and/or technical measures to ensure that Users who are causing problems and/or posing legal liabilities which infringe on the intellectual property or other rights of INDIVA, Users, or Third Parties or who are acting in a way which is not consistent with the letter and spirit of all INDIVA Policies (Terms and Conditions, Social Media Policy, Privacy Policy) cannot access the Website. INDIVA may also suspend, restrict, or terminate the accounts of Registered User who may infringe any other entity’s intellectual property rights repeatedly, or for any other reasons, whenever we should deemed such circumstances to be occurring, at our discretion. INDIVA reserves the right to modify, suspend, or discontinue the Website and any tools, Services, or functionality associated with it and/or to cancel unconfirmed accounts or accounts which have had long periods of inactivity, completely at INDIVA’s discretion.

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ACCURACY OF SITE CONTENT

All All Website Content including but not limited to descriptions of processes of creating derivatives, processes of extraction, or any other Products or derivatives containing Products is included on the Website on an “as is” basis and is intended solely for informational purposes. This Content and the information it contains is subject to change at any time without notice. Although the Website is updated regularly to be kept current and accurate, Content on the Website may be inaccurate, incorrect, or otherwise out-of-date. INDIVA is not liable for and assumes no responsibility for any such errors, inaccuracies, omissions, or timeliness or any Content. Under no circumstances will INDIVA be held accountable or responsible for any loss or damage which results from a User’s reliance on information or any content posted, published, or otherwise hosted on the Website. INDIVA does not endorse, accept responsibility for, or adopt responsibility for the accuracy and/or reliability of opinions, statements, or advice made by any party which appears on the Website or guarantee the completeness, utility, accuracy, or relevance of any Content or information on the Website. By using the Website you agree and acknowledge that INDIVA and any shareholders, officers, directors, employees, and other respective affiliates are and not and will not be subject at any time to liability of any kind based on or in part by any omissions, oversights, or errors in the Content or information contained therein, whether or not any such individuals were aware or should have known of any such omissions, oversights, or errors in the Content or who were somehow connected to the omission or inclusion of such Content.

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PROPRIETARY RIGHTS

All intellectual property on the Website is © 2017 INDIVA or its suppliers. All rights reserved. The content on the Website is covered by a copyright owned or licensed by INDIVA and is protected under the Copyright Act of Canada and through common law rights as well as by other copyright laws in their respective countries. The reproduction, adaptation, distribution, linking to, or transmission of any Content or material on this Website by any means or process without explicit and specific written consent of INDIVA is not permitted. Linking the Content or material to a third party or performance of the Content in public is also not permitted without the written consent of INDIVA. No act or communication on the Site will be construed as conferring transfer to you of intellectual property of any kind or of any other proprietary rights of INDIVA or any third party, whether by implication, by estoppel, or otherwise including any confidential information, copyright, trade secret, patent, or trademark.

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CONTENT POSTED BY YOU

You consent and represent that you are and will always be solely and completely responsible for the contents of any and all submissions you make (also called “User Content”). You also agree and represent that you will not submit any User Content or material which can reasonably be considered defamatory, abusive, unlawful, or obscene. Furthermore you agree and warrant that you will not submit any content to any section of the Website that will violate the right of a third party connected to INDIVA, including but not limited to trademark, copyright, privacy, or any other type of right(s).

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CHANGES TO THESE TERMS OF USE AND THE SITE

INDIVA reserve the right to change or amend these Terms and Conditions at may revise and/or update these Terms and Conditions at any time. Your continued use of the Site after any changes or amendments to these Terms and Conditions means you accept those changes. When the Terms and Conditions are updated we will notify users of the update by displaying a prominent notification on the Site home page. The update will be accessible to all website users and visitors, whether or not they have accounts. Where we are required to do so by law we will notify users of the nature of any amendment of these terms and conditions and when the amendment will be taking effect. We will notify users by email before the amendment of the Terms and Conditions takes effect.

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LIABILITY DISCLAIMER

IF YOU CHOOSE TO USE THE SITE OR ANY FUNCTIONALITY OF THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND ANY FUNCTIONALITY OF THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INDIVA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY LAW. INDIVA MAKES NO WARRANTY THAT THE SITE OR ANY FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. INDIVA MAKES NO WARRANTY REGARDING THE QUALITY OF THE PRODUCT, THE SERVICES OR TOOLS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INDIVA OR THROUGH THE SITE, SERVICES OR TOOLS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICES. YOU UNDERSTAND THAT INDIVA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIVA AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE SITE; (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIVA IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF INDIVA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

FROM TIME TO TIME, INDIVA MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS 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 INDIVA’S SOLE DISCRETION. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.

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LIMIT ON DAMAGES AND CLAIMS

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. By using this website and any functionality you consent to defend, indemnify, release, and hold INDIVA and any subsidiaries, affiliates, directors, employees, agents, officers of INDIVA harmless against and from claims, damages, liabilities, expenses, and/or losses including but not limited to legal and/or accounting fees which are reasonable and which arise from or are in any way connected with your access to the Site or use of the Site, Products, or Service or your violation of INDIVA’s Terms and Conditions as laid out in this document.

If INDIVA is found to be liable by the Canadian government, regardless of the previous paragraphs in the INDIVA Terms and Conditions, INDIVA’s liability to a Client, to you, or to any other third party is limited to the total fees paid to INDIVA in any form, for any Product or Service, paid to INDIVA in the 12 months prior to the action or event giving rise to the liability up to a maximum of $150.

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INDEMNIFICATION

You, the User, expressly agree to and understand that INDIVA is not and will not be held responsible for any personal injury, including catastrophic injury and death, or for any special, indirect, incidental, accidental, consequential, or punitive damage of any kind whatsoever and however caused arising in connection with or out of the use of INDIVA Services or Products, with implementation, adoption, or trial of a particular course of treatment using INDIVA Services or Products for any course of treatment for any condition, illness or medical condition.

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LINKS TO THIRD PARTY SITES

The INDIVA Website may contain hyperlinks (known as “Links”) to third-party content, websites, and resources. Links are provided to Users of INDIVA’s Website exclusively as a convenient to Users and as a function of the Website and do not represent an endorsement by INDIVA. INDIVA takes no responsibility for or representation of or warranty regarding the accuracy, availability, correctness, quality, performance, or functionality of any website, content, software, services, products, linked website, or application found at the address or any website linked to on INDIVA’s website. Payments or commissions from the owners and operators of linked websites may be received by INDIVA in relation to services or products supplied by the owner and/or operator as a result of a User linking from the Website to the third-party website.

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Should a dispute between you and INDIVA arrive, INDIVA’s will do what is possible within reason and completely at INDIVA’s discretion to provide you with a neutral, cost-effective means of quickly resolving the dispute. You and INDIVA, accordingly, agree to resolve claims or controversies of law or equity which arises from the Agreement based on these Terms and Conditions or our Services (known as, “a Claim”) in accordance with a specific subsection below or as you and INDIVA otherwise agree in writing. INDIVA strongly encourages you to contact us directly to seek a resolution before resorting to alternatives. INDIVA will consider reasonable request to resolve a dispute or address a claim using alternatives to litigation and other dispute resolutions procedures such as mediation and arbitration.

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NOTICES

Notices of a legal nature shall be served to you to the email address you provided during the registration process, unless otherwise stated explicitly. Unless the party sending the notices is notified that the email address is invalid any notice shall be deemed given 24 hours after the email is sent. INDIVA may use alternative means of giving you legal notice including but not limited to using mail to the address provided during the registration process. In the event of a notice being mailed, notice shall be deemed given three days after the date the notice was mailed.

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GOVERNING LAW, VENUE, AND JURISDICTION

For consumers in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. For all others: These Terms and Conditions shall be governed in all respects by the laws of the province of Ontario and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that any claim or dispute you may have against INDIVA must be resolved exclusively by a provincial or federal court located in Ontario, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Ontario for the purpose of litigating all such claims or disputes.

Nothing listed in this Terms and Conditions document will prevent INDIVA from seeking equitable relief or injunctive measures, payments of amounts due, or enforcement of an award before any court which holds jurisdiction over any person or entity or over any subject matter.

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CONFIDENTIALITY

Secure communication is not guaranteed on the Internet and therefore the integrity, privacy, or authenticity of communications between Users and INDIVA over the Internet are not guaranteed. INDIVA will not be held liable for any damages suffered by any User should the User communicate confidential information over the Internet or if INDIVA communicates any such information to the User at the User’s request.

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TERMS AND TERMINATION

The Terms and Conditions become effective upon your acceptance of these Terms and Conditions as indicated by your use of the Site or any INDIVA Services, by registering an Account on the Site. Your acceptance of and agreement to these Terms and Conditions remains in full force and in effect unless and until it is terminated hereunder. You, the User, acknowledge that INDIVA, at its own and sole discretion, has the right to terminate your Access to the Site at any time and for any reason without giving you notice or cause or reason. You also acknowledge that INDIVA has the right to remove or delete any content, which is considered inappropriate by INDIVA, which you submit or publish to the Site at any time without prior notice to you, and INDIVA may deny your access or limit your access to the Site, to terminate any Account, and/or to limit or deny a User’s access to the Site or participation with or in any Services or Products offered by INDIVA, without any liability to any third party or to you, if you or a third party violates any INDIVA Terms and Conditions, if you or a third party violates any rights of INDIVA, interfere with any other user or third party’s access to or use of the Site, or if, in its sole discretion, INDIVA decides for any reason that your use or the Site is in any way detrimental to the Site, to INDIVA, or to INDIVA’s suppliers and/or licensors.

Should you discover that a User has violated the INDIVA Terms and Conditions please contact INDIVA to report the violation. INDIVA reserves the right to and may, in its discretion alone, decide to report and/or investigate the violation and decide, in INDIVA’s sole discretion, to take action against any offending party in any way related to that report. INDIVA reserves the right not to pursue reparations for or investigate any violations and INDIVA does not have any obligation or liability to a User for the performance or nonperformance of any such violation or of those activities.

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CURRENCY

Unless otherwise indicated or stated, all amounts listed or references to currency in this Agreement and/or on the Website are to Canadian Dollars (CAD), the lawful money of Canada.

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SURVIVAL

Any and all warranties, terms, and conditions contained in this Terms and Conditions document which, by their sense and context, are intended to survive the performance hereof shall also survive the completion of cancellation, termination, and/or performance of these Terms and Conditions.

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ENTIRE AGREEMENT

These Terms and Conditions and the Privacy Policy and any other such documents listed on the Website and all policies and conditions noted above and contained herein constitute the entirety of the agreement between INDIVA and you, the User, with regard to the Site, the Products, the Services, the Content, your Account, as well as any and all information or data obtained by INDIVA through the Site through your communication with INDIVA, INDIVA personnel, or any third party affiliated with or working on behalf of INDIVA.

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Social Media Policy

This Social Media Policy was last updated on April 19, 2017.

INDIVA’s social media presence is intended as a space which is safe for individuals and their expression, questions, and as a source for information on news and developments related to medical cannabis and INDIVA. Individuals who follow INDIVA on any social media channel and/or participate in the INDIVA community on social media can expect INDIVA to respond to inquiries, comments, concerns, and other forms of communication in a timely manner and with the most up-to-date information.

We strive to provide the INDIVA social media community with the best possible experience and therefore ask that all members of the community conduct themselves in accordance with the INDIVA regulations which are intended to create a constructive, safe environment for all community members.

We post and manage our social media accounts and do our best to respond to all users in a timely manner. If your request is urgent or if your issue or concern we encourage you to call us. In case of emergency contact emergency services.

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SOCIAL MEDIA CHANNELS GUIDELINES

Please respect INDIVA’s posting policies currently in place on INDIVA Social Media channels which can be viewed at the following links:

INDIVA does not arbitrarily remove posts or content posted on our social media channels. However, INDIVA may remove or moderate any content, posts, and/or user which INDIVA deems to be in violation of any applicable laws, regulations, or policies, including our Advertising Compliance Policy (see below) or General Posting Policy.

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GENERAL POSTING POLICY

  • Please be respectful of others. Please don’t participate in any behaviour which could reasonably be construed as libel, defamation, harassment, profanity, trolling, or abuse in any post on any INDIVA social media channel. INDIVA has the right to remove posts or access from anyone who does not comply.
  • Don’t post indecent or inappropriate content.
  • Personal attacks against other members or INDIVA employees will not be tolerated. Our top priority is to serve our clients and we reserve the right to remove users who are acting in a way which may adversely affect other INDIVA members on any of our social media channels.
  • Please refrain from making off topic posts. We won’t tolerate spam, chain posts, promotional content, or objectionable statements.
  • If you share content please be sure you have the right to do so.
  • In order to participate in INDIVA social media communities you must be above the age of majority in the province or territory where you reside. You may only access our social media if you are below the age of majority if you have permission from a parent or guardian.
  • Don’t break the law on INDIVA social media channels.
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POLICY ON ADVERTISING COMPLIANCE

It is important to us at INDIVA the our website users’ experiences should be heard because we value their insights. However, INDIVA operates in a regulated environment. Due to this fact we have to moderate comments and remove any which do not comply with Health Canada’s advertising regulations. Content which non-compliant can include but is not limited to:

  1. The therapeutic effects of cannabis.
  2. Images of medical cannabis process, live cannabis plants, or the flavour profile of cannabis.
  3. Endorsement or suggested endorsement by Health Canada.
  4. Direct linking to any content on other websites which contains non-compliant content (as indicated above).

Should you, at any time, feel as though your content or post has been unfairly removed or moderated please contact INDIVA by phone at 1-888-649 6686 or by email at [email protected] to discuss the matter.

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DISCLAIMER

INDIVA Social Media Disclaimer
The comments posted by accounts other than INDIVA’s Administrator Account on any INDIVA social media channel are posted by members of the public and do not represent or reflect the views of INDIVA or imply or otherwise indicate INDIVA’s endorsement or approval of the content posted. INDIVA is not responsible for any third-party content which is posted by the public on any of INDIVA’s social media channels, including, but not limited to videos, websites, forums, or any other third-party content. Unless otherwise specified, INDIVA does not control, endorse, or support any third-party content and does not make any representations regarding its accuracy.

Content posted by INDIVA on the INDIVA Website and social media channels is intended strictly for information purposes and is not medical advice or a substitute for medical advice, treatment, or diagnosis. Never treat INDIVA’s content or posts as a substitute for consulting your doctor.

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Code of Conduct

This Code of Conduct was last updated on July 01, 2017.

We strive to provide an unparalleled level of customer service and treat customers with the utmost compassion and respect. Our goal is to facilitate professional, positive experiences for each customer. We welcome feedback to help us provide everyone with great service.

We also want to foster the best possible experience on INDIVA’s social media channels and therefore ask that all members of the community conduct themselves in accordance with the regulations posted here. Our regulations are intended to create a constructive, safe environment for all community members.

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OUR COMMITMENT TO YOU

  • To provide a quality, consistent level of care and professionalism to all customers at all times
  • To respect the privacy of every customer
  • To be responsive to your needs
  • To provide you with reliable, relevant, and accurate information
  • To make any and all necessary efforts to correct any errors or mistakes we make

We are also responsible for ensuring that INDIVA employees have a safe, comfortable work environment, which is free from abuse. To provide this work environment we require that all customers adhere to a set of reasonable expectations for interaction with our staff, including:

  • Treating other INDIVA customers and INDIVA staff respectfully and with courtesy. Any profane language, harassment, or abusive behaviour of any kind cannot be tolerated.

  • Understanding that quality customer service from INDIVA may on occasion require that a customer service representative needs to source information from another member of the INDIVA customer service team and thereby require additional time to respond.

  • Respecting all of the other INDIVA staff and clients including each individual’s confidentiality and privacy.

  • Understanding that when INDIVA is receiving a high call volume of calls the INDIVA customer care team may not be available at the exact time of your call but will answer as soon as possible and in a timely manner.

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REFUSAL OF SERVICE

INDIVA will make every reasonable effort to ensure any errors are remediated in a timely manner using appropriate means, and to address any questions and concerns that you may have to the best of the customer care team’s capacity. However, if at any time a customer resorts to abusive behaviour or harassment of any kind directed at any customer care representative or if it becomes apparent that INDIVA cannot meet the customer’s needs, INDIVA may, at our sole discretion, elect to refuse service or cancel the customer’s registration with INDIVA. Although our customer care team will do everything possible to prevent a such a situation and we sincerely hope that a situation does not escalate to this point, if it should occur the customer will be notified of the measures we are taking in writing.

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