Terms & conditions

Abba Medix Corp. Website Terms and Conditions:

Last updated: November 22, 2021

Acceptance of Terms

This website https://abbamedix.com (“Website”), is owned and operated by Abba Medix Corp. (herein “Abba” or “us” or “we” or “our”) and is subject to the following terms and conditions (“Terms” or “Terms and Conditions”) and associated Privacy Policy (“Privacy Policy”) and Legal Disclaimer (“Disclaimer”).  The Terms, our Privacy Policy, and the Disclaimer together with any additional terms, conditions or disclaimers found on the Website (collectively, the “Abba Policies”) should be reviewed in detail.  The Abba Policies were last updated on November 22, 2018.  The Abba Policies are a legal agreement between and apply to every person who accesses and uses the Website, including, without limitation, site visitors, patients, merchants, vendors and/or contributors of content (“you”) and Abba. In order to purchase our products (“Product”) through the Website, you will be required to register for an account and agree to the Abba Policies. If you are a visitor to this Website, by accessing and using this Website you agree to be bound by and comply with all of the Abba Policies. If you do not agree with any of the Abba Policies, you are not authorized to access or use the Website or any of its services, including, without limitation, ordering any Product.

We reserve the right, at our sole discretion, to modify or replace the terms of the Abba Policies at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms of the Abba Policies. If you do not agree to the new terms, in whole or in part, please stop using the Website.

BY USING THIS WEBSITE YOU AGREE TO THE TERMS OF THE ABBA POLICIES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF THE WEBSITE AND THE PURCHASE OF PRODUCTS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE WEBSITE OR PURCHASES THE PRODUCTS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS THEN YOU MAY NOT USE THE WEBSITE OR PURCHASE THE PRODUCTS.  YOUR REGISTRATION FOR, OR USE OF, THE WEBSITE, OR PURCHASE OF THE PROPDUCTS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE ABBA POLICIES.

Your Privacy and Personal Information

Any personal information provided to us through the Website may be collected, used and/or otherwise disclosed by us in accordance with our Privacy Policy. You acknowledge that you have read, understood and agree to the terms of the Privacy Policy. You consent to your healthcare practitioner named in the Medical Document disclosing required personal health information to Abba for the purposes of complying with the requirements under the Cannabis Regulations promulgated under the Cannabis Act (including any successor regulations or legislation governing the medical use of cannabis in Canada, hereinafter collectively referred to as the “Cannabis Legislation”). You further consent to Abba disclosing required personal health information to your healthcare practitioner for the purposes of complying with the Cannabis Legislation. You understand and agree that a copy of this consent & registration application may be provided to the healthcare practitioner. Abba is committed to helping both patients and doctors better understand the benefits and utility of cannabis as a medical tool, for a variety of ailments. Through our affiliates, we use voluntary, aggregated, and anonymous health data as a part of that research program. As an Abba client you are under no obligation to participate, and if you would like your data to be excluded from this research program, you can opt-out. If you would like more information about our research program, please feel free to contact us as indicated in our Privacy Policy.

Your Warranties to Abba

You represent and warrant that you (i) will only use the Website for lawful purposes and not for any unauthorized purpose or in contravention of any applicable law or regulation, including, without limitation, the Cannabis Legislation; (ii) are a resident in Canada and at least the age of majority in the province in which you reside and are legally capable of entering into a binding contract; and (iii) will not attempt to circumvent or otherwise interfere with the Website’s security features or gain unauthorized access thereto. In the event that you purchase Product from us, you represent and warrant that you will only use it as prescribed by your doctor and will not re-sell or otherwise distribute any portion of it to any other person.

Healthcare Practitioners

In the event that you request or register for certain services provided on the Website which are restricted to qualified “Healthcare Practitioners” (as such term is defined in the Cannabis Legislation), you represent and warrant that you: (i) are not named in a notice issued under Section 59 of the Narcotic Control Regulations that has not been retracted under Section 60 thereof; and (ii) satisfy any and all applicable legal requirements relating thereto.

Patient Registration

In order to purchase Products through the Website, you will be required to register for an account. In completing such registration, you represent and warrant to us that you will: (i) provide us with accurate and current information as may be required in order to do so; and (ii) update your online profile in regular intervals as may be required in order to maintain the accuracy and completeness of such information. In the event that you provide us with any false information or information that is otherwise inaccurate, not current or incomplete, or if we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, you acknowledge and agree that we shall have the irrevocable right to suspend or terminate your account and refuse to fulfill any current or future orders by you of our Product. We are required by law to register each of our patients as eligible clients within the meaning of the Cannabis Legislation, and you accordingly agree to provide us with any and all documentation and/or other information as we may require in order to do so. In accordance with the Cannabis Legislation you agree, confirm and/or acknowledge the following: (i) the original Medical Document or one of the original Personal Use Production License (“PUPL”) or Designated Person Production License (“DPPL”) MUST be received by Abba in order for Abba to complete the patient registration; (ii) the Medical Document is not being used to seek or obtain cannabis from another source; (iii) you will use medicinal cannabis dispensed by Abba for your own medical purposes only; (iv) you understand and acknowledge that medicinal cannabis is not currently approved for use as a pharmaceutical drug in Canada; (v) you acknowledge and agree that you are using any medicinal cannabis Product obtained from Abba at your own risk, and you release Abba, its affiliates, partners, providers and agents and all such persons’ directors, officers, and personnel (“Abba Parties”) from any and all actions, claims, complaints and demands for damages, loss or injury whatsoever arising directly or indirectly from the use of medicinal cannabis obtained from Abba; (vi) you consent to Abba collecting, using and disclosing your personal information as necessary in order to process your registration, fulfill orders for medicinal cannabis and provide other information and services to you, in accordance with the Abba Policies. 

Use of the Website

Your right to use the Website is personal to you and you are expressly prohibited for allowing any other person to use your account. Similarly, you are expressly prohibited from using any Website account other than your own. You are required to safeguard your account password and not provide it to any other person. In the event you suspect that another person has utilized your account or the security of your account has otherwise been breached, you agree to notify us immediately. You acknowledge that you alone are responsible for your account and any and all activity in the use thereof. You agree that we shall be relieved of any and all liability to you or to any other persons for any use of your account, regardless of whether such use is authorized or unauthorized. The existence of your account and any information provided to us in connection therewith may be accessed and/or otherwise disclosed by us in the event that we are required to do so by law or in the event that we have reasonable grounds to believe that such access and/or disclosure is required in order to: (i) comply with any legal obligations (including those set out in any legal documents, directives, demands and/or court orders); (ii) protect the rights, property or safety of Abba, its patients and/or the general public; and/or (iii) enforce any of the Abba Policies. We retain the right to refuse, cancel or terminate your registration at any time as we may determine in our sole and unfettered discretion in the event that we have reasonable grounds to believe that false, inaccurate, or misleading documentation and/or other information has been submitted in connection with such registration or any request to amend same or you are otherwise ineligible to be registered for any reason whatsoever. You acknowledge and agree that the Abba Parties shall be relieved from any and all losses, liabilities, claims, demands, threats, actions, proceedings, expenses and/or damages of any kind (collectively, “Claims”) arising from any Cannabis Legislation which is refused, revoked or terminated. You further acknowledge and agree that you shall be bound by any and all additional terms and conditions imposed by such Cannabis Legislation registration, which additional terms and conditions shall be paramount in the event of any conflict or inconsistency with the Abba Policies. You may not assign these Terms or your registration to any person. Any copying, republication or redistribution of any part of the Website, including by caching, framing, deep-linking or similar means, is expressly prohibited. 

Participation in Programs

You consent to receive invitations from Abba to participate in surveys, studies or other research projects relating to your use of Products or services offered by Abba and its affiliates, which may be conducted by Abba or its affiliates, or by third parties. This research may be directed to improving Abba’s Products or services, or to better understand the medicinal uses of cannabis products, generally. Participation in any such research project will be entirely voluntary and your personal information will not be used or disclosed in any such research project without your express consent. You may withdraw consent to receive such invitations at any time by unsubscribing in the manner provided in communications you receive from us or by contacting us by email at info@nog.rit.mybluehost.me, by mail to Abba Medix Corp. PO Box 40, Pickering, ON L1V 2R2, or by telephone at 1-844-696-3349.

Payment

You agree to pay for all Products, plus applicable taxes, purchased from the Website. Payment may be made by credit card, Interac e-Transfer^Ò or money order. If you are paying by credit card, your payment will be processed by our third-party payment processor, Moneris. Please see our Privacy Policy for a description of your information that we may share with our payment processor in order to process your payment. In the event that your insurer or other similar entity provides coverage for a portion of the price of your order, you will be required to pay the balance at the time of purchase. You hereby acknowledge and agree that you shall at all times remain fully liable for the entire cost of the Products that you purchase from us. We retain the right to do whatever is necessary in order to collect any unpaid balances from you, including, without limitation, to invoice any outstanding amounts to any credit cards associated with your account, without further notice to you. In the event that your insurer or other similar entity (an “Insurer”) provides you with coverage for the purchase of any of our Products, and provided that we obtain approval from your Insurer to do so, we may elect, as we deem appropriate, to invoice your Insurer directly for a claim (an “Insurance Claim”) on your behalf for all or a portion of the cost of such Products. Any such Insurance Claim shall be subject to any limitations imposed by your Insurer. In such event, you hereby consent to the disclosure by us of any information as your Insurer may require in obtaining such approval and/or processing an Insurance Claim on your behalf.

Information on the Website Relating to our Product and Use of our Product

Any information provided on the Website relating to our different varieties of Product, and their potential suitability for relieving different ailments / medical conditions, is provided as general information as suggested to us by former and existing patients, the accuracy of which cannot be guaranteed. We do not warrant the efficacy of any of our Products. Any general information provided on the Website is in no way intended to be medical advice or replace the necessity of consultation with a healthcare professional. Any course of treatment undertaken by you should be discussed and decided in consult with your doctor. Never ignore the advice of your healthcare professional because of anything you may have read on the Website. Emergencies: If you suspect you are experiencing a medical emergency, call your doctor or 911 immediately. If you provide feedback or suggestions about our Products, this Website or otherwise, then Abba may use that feedback or suggestions without obligation to you and you hereby irrevocably grant to Abba, a perpetual, non-exclusive, worldwide, sublicensable, royalty-free right and licence to use such feedback and suggestions for any reason and without any condition, limitation or restriction.

Product Availability and Pricing

Fulfillment of any orders for Products made through the Website is always subject to the availability of Products. Subject to the provisions of the Cannabis Legislation, we reserve the right, as we may determine in our sole and unfettered discretion, to: (i) limit the amount of one or more of our Products available for purchase on the Website or else cancel the availability of one or more of our Products; (ii) restrict the sale of one or more of our Products and/or services to particular persons and/or a geographical region or jurisdiction; and/or (iii) not accept new patients and/or refuse Product orders from new and existing patients. Order quantities for Product are subject to limits as provided by the Cannabis Legislation. If your order exceeds these limits, it will be refused. Current pricing for our Products is listed on the Website. Our pricing is subject to change, as we may determine in our sole and unfettered discretion, without notice. Pricing is listed in Canadian currency, unless otherwise indicated, exclusive of applicable sales taxes and shipping fees, which will be added prior to finalizing your Product purchase. The Products offered for sale on the Website may include Products that are specifically offered as consumption aids. Please be advised that none of such Products, if any, are approved medical devices as defined in the Food and Drug Act and/or the Medical Devices Regulations and we accordingly make no representation or warranty regarding the suitability or efficacy of same for any medical or therapeutic purpose. You acknowledge and agree that in the event that we have reasonable grounds to believe that you have made an order in contravention of applicable law, we are entitled to cancel your order and notify the applicable authorities, while reserving our right to pursue any other available rights and remedies against you at law.

Shipping Policy

We do not guarantee the delivery of your order within a specified period of time as this depends on the performance of the relevant postal services (in relation to which we have no influence or control). 

In the rare case that you have not received your Products by close of business on the twenty-eighth (28^th) day following your order, then please contact us. Once you have done so, we will make enquiries to try and track down your parcel.

Abba will notify you by way of email when your Products are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Products purchased by you.

If Abba receives no communication from you, within three (3) days of delivery, regarding any problems with the Products, you are deemed to have received satisfactory Products from us that are fit for purpose.

Return and Exchange Policy

Abba is not able to accept shipment returns of any of its Product. If you are experiencing an issue with the Product you purchased, please contact our Customer Service Team at 1-844-696-3349. 

Changes to the Website

We reserve the right to make any changes to the Website as we deem appropriate without further notice to you, including, without limitation, cancelling, modifying, suspending or discontinuing any feature thereof and/or any of the Products or services provided thereby. The use of our Website may be subject to any additional rules and regulations that we may impose from time to time as we deem appropriate.  

Errors

While we use reasonable efforts to prevent this from happening, the Website may contain spelling, grammatical or other typographical errors or pricing errors and other errors, inaccuracies or omissions (collectively, “Errors”). We reserve the right to remedy any such Errors and to modify any information on the Website at any time, without prior notice, but are not obligated to do so. We further reserve the right to cancel or refuse to fulfill any order made on the Website based on any such Errors, subject to applicable law.

Links

Any links from the Website to other websites are provided for convenience only. Abba does not review, endorse, approve or control, and is not responsible for any sites linked from the Website, the content of those sites or the products or services provided. Your access and viewing of any third-party sites is conducted at your own risk. You are strongly advised to check the terms and conditions of use and the privacy policies of these external portals or websites before entering or making use of them. If you wish to create a hyperlink to this Website please contact info@nog.rit.mybluehost.me. No “deep links” into the Website are permitted. By linking (to the extent permitted), you agree that Abba may require the link to be removed if, in Abba’s’ sole opinion, any aspect of the linking portal or website, its content or any other matter relating to the link is objectionable to Abba. 

Disclaimer of Warranties

The Website, including any content made available on or through the Website, and all Products are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Abba expressly disclaims all warranties and conditions of any kind, express, implied or collateral, including without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant the accuracy or completeness of any content accessed through the Website. Information that is periodically updated may not be current at the moment you visit the Website and may contain errors. We make no warranty that the Website or any Products will meet your requirements; that the operation of the Website will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the Website is free of viruses or other harmful components. Your use of the Website and its content is at your sole risk. You are responsible for verifying any content before relying on it. For greater certainty, you agree that all risk associated with the use of, or reliance on, any content of the Website rests with you. You further agree that we will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content of the Website. We are not responsible for errors or delays or failures in transmission over the Internet or any wireless network or errors or delays or results caused by or attributable to the use of or reliance on any third- party smartphone or similar device or technology. If you are dissatisfied with the Website or with any Products, you agree that your sole and exclusive remedy shall be to discontinue using the Website and any such Products. Some jurisdictions do not permit limitations on or exclusions of certain implied warranties, or the exclusion or limitation of certain damages; therefore the above limitations may not apply to you in certain circumstances.

No Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ABBA PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES ARISING OUT OF or RELATED TO THIS WEBSITE, THE PRODUCTS, YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE WEBSITE OR ANY PRODUCTS (OR ON YOUR RELIANCE ON ANY CONTENT OR PRODUCTS), ANY WEBSITES LINKED TO THE WEBSITE, OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ABBA IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU AND THE FOREGOING LIMITATIONS AND EXCLUSIONS NOT ENFORCEABLE, THEN ABBA’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES SHALL BE LIMITED TO FIFTY DOLLARS ($50.00). THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, PRODUCTS AND ANY CONTENT PROVIDED IS ASSUMED BY YOU. 

Indemnification

You agree to defend, indemnify and hold harmless the Abba Parties from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from or in any connection with your (or any user of your account’s): (a) breach of the Abba Policies; (b) your access to, use of or reliance upon the Website, including in connection with any Products offered and procured through the Website; (c) uploading to or other provision of or disclosure to Abba of any registration data or any other information or data and the use of same by Abba or other person as contemplated hereunder; (d) any breach of applicable law; (e) uploading of any information or content to the Website, including to the extent resulting in the breach of a third-party proprietary or privacy right. We shall provide notice to you of any such claim or losses and shall reasonably assist you, at your expense, in defending any such claim.

No Waiver

Abba’s failure or delay to enforce any of the terms and conditions under the Abba Policies shall not operate as a waiver of any of Abba’s rights or privileges under the Abba Policies.

Severability / Electronic Documents

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; and (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Abba Policies and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to the Abba Policies to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revisions and Updates

Abba may, at any time, revise the Abba Policies by providing you with notice by email at the address you provided as part of your registration; provide you with the opportunity to review the amended Abba Policies; and require that you accept the amended Abba Policies prior to being permitted to continue to access and use the Website. Your agreement to the amended Abba Policies shall become effective at the time you indicate your agreement to Abba. 

Language

English shall be the language of this Website and all transactions occurring in connection with it. You waive any right to use and rely upon any other language or translations. Il est de la volonté expresse des parties que le présent website et tous les affaires qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

Copyright, Trademarks, and Intellectual Property

Abba does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.

The copyright in Abba and the content of all the software, website and pages relating to the Website are owned by or licensed to Abba. 

You may use Abba content for the sole purpose of placing orders. Any other use of any of the marks, logos, trade names or trademarks of Abba appearing on the Website without the express written consent of Abba is strictly prohibited.

This Website and all contents, including but not limited to text, images, graphics or code are the property of Abba and are protected by copyright, trademarks, database and other intellectual property rights.  You may display and copy, download or print portions of the material from the different areas of the Website only to place an order with Abba.  Any other use is strictly prohibited and may violate copyright, trademark and other laws.  These Terms do not grant you a license to use any trademark of Abba or its affiliates.  

Governing Law and Disputes

The Website and its contents are designed to comply with Canadian laws and regulations. Although the information on the Website is accessible to users outside of Canada, it and its content and use are intended for access and use by Canadian residents only. The Website is administered by Abba from a location in Ontario, Canada. You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Website and the provision of Products shall be deemed to have occurred in the Province of Ontario, Canada, and you and Abba agree that these Terms shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and that the law of the Province of Ontario is the proper law. The parties irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. You agree with Abba that, in the event that there is a dispute under the Abba Policies, such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and each party hereby waives any right to trial by jury. 

Contact / Notices

All notices and communications by or to a party shall be in writing and shall be deemed to have been duly given when made via e-mail to info@abbamedix.com for notices to Abba, or to the e-mail address that you provided to Abba as part of registration for notices to you.