Terms and Conditions

Last updated: June 30, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions (together with any documents referred to in them) (collectively, the “Terms”) apply to your use of www.florahealth.com, including any content, functionality and services offered on or through www.florahealth.com (collectively, the “Website”), by Flora Manufacturing & Distributing Ltd. (“us”, “we”, “our” or the “Company”).

Your access to and use of the Website is conditioned upon compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website. If you are accessing and/or using the Website on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind your employer or third party principal to these Terms.

By accessing or using the Website, including without limitation any forums, blogs, wikis, or services provided by us, you accept and agree to be bound to and abide by these Terms. If you disagree with any of the provisions contained in these Terms then you do not have permission to access the Website and should refrain from doing so.

Purchases

If you wish to purchase any product made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date and card verification value number of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

The Website may employ the use of third-party services for the purpose of facilitating payment and completing Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons which include, but are not limited to, the following: product or service availability, errors in the description or price of the product or service, errors in your order, if we suspect fraud or an unauthorized or illegal transaction, a breach of the above warranty, or for any other reason which in our sole discretion warrants cancellation of the order.

Availability, Errors, and Inaccuracies

We reserve the right, at our sole discretion, to withdraw or amend the Website and any service or material we provide in connection thereto without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period of time.

We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Website will be governed by rules that are separate from these Terms. If you participate in any Promotions, it is your responsibility to review the applicable rules as well as our Privacy Policy. Participation in any given Promotions will be acceptance by you of the particular rules for such Promotion. If the rules for a Promotion conflict with these Terms, the Promotion’s rules will apply.

Accounts and Account Security

When you create an account with us, you guarantee that you are 18 years of age or older, and that all information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, disable any user identification code or password, remove or edit content, cancel orders, and otherwise terminate your right to use the Website at any time in our sole discretion, for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms.

Intellectual Property

The Website and its entire contents, features and functionality, including but not limited to all information, original content, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and all intellectual property rights therein, are owned by and will remain the exclusive property of the Company and its licensors or other providers of such material. The Website and services are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You are only permitted to use the Website for purposes consistent with applicable laws and these Terms.

The trademarks, logos, service marks and other names and icons identifying products and services on the Website are registered and unregistered trademarks of the Company and others, and, except as expressly permitted by these Terms, may not be reproduced or used in connection with any product or service without the prior written consent of the Company.

We hereby grant you a personal, non-exclusive, non-assignable, non-sublicensable, and nontransferable license to use the Website and to view, copy and print the documents, related graphics and materials published on the Website subject to the following limitations and other conditions:

  • you may take temporary copies necessary to browse the Website, and unless otherwise stated, you may download or print a single copy of the content on this site for non-commercial or personal uses only;
  • you must not modify any content on or obtained from the Website;
  • you must retain all copyright and other proprietary notices included in any content or materials obtained from the Website;
  • you may not modify in any way documents, related graphics or materials available on the Website;
  • you may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; and
  • you must obtain our prior written consent to copy or display any portion of the content on the Website for redistribution to third parties or for commercial purposes.

Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is an infringement of the copyright holder’s rights. If you wish to make any use of material on the Website other than as set out in this section, please address your request for consent to [customerservice.ecom@florahealth.com].

No right, title or interest in or to the Website or any content on the Website is transferred to you under these Terms or otherwise, and all rights not expressly granted are retained by the Company. Any use of the Website not expressly permitted herein is a breach of these Terms and may violate copyright, trademark and other laws.

By using the Website you acknowledge that the Company is the sole owner of the Website and all intellectual property rights therein.

Links To Other Websites

The Website may contain links to third party websites or services that are not owned or controlled by the Company. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Website. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of the Company or its affiliates. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Prohibited Uses

You may use the Website for lawful purposes only and only in accordance with these Terms. You agree not to use the Website as follows:

  • in any way that violates any applicable federal, provincial, state, local or international law or regulation;
  • to send, upload, download, use or re-use any material which does not comply with the Content Standards set below;
  • to transmit, or procure the sending of, any mass advertising or direct solicitation material;
  • to impersonate or attempt to impersonate the Company or a Company employee, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing);
  • to engage in any activities intended to withhold or cloak identity or contact information;
  • to engage in any Internet activities that would violate the privacy rights of others;
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
  • to use the Website to send harassing and/or threatening messages to others;
  • to attempt to penetrate security measures of the Website or obtain or bypass others’ passwords; or
  • to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

User Contributions and Legal Disclaimer

The Website contains interactive features that allow you to post, submit, publish, display or transmit comments and content or materials on the Website (collectively, “User Content”).

All User Content must comply with the Content Standards set out below. We claim no intellectual property rights over the User Content. You agree that your User Content will be treated as non-confidential and non-proprietary and you agree to allow others to view and comment on your User Content. You grant us a perpetual, irrevocable, paid-up, sub-licensable, assignable, worldwide license to use, copy, distribute and disclose to third parties any such User Content for any purpose whatsoever, including commercial purposes. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the Company and its affiliates the license granted above. You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors, and their respective directors, officers, employees, agents and contractors, for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Content you post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any User Content uploaded to the Website, other than the content provided by the Company, is solely the opinion and the responsibility of the person or entity submitting it and does not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.

We do not undertake to review any User Content before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Content provided by any user of the Website or third party.

Content Standards

The content standards set out in this paragraph (the “Content Standards”) apply to any and all User Content and interactive services. User Content must comply with all applicable federal, provincial, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

  • contain any material which is defamatory, libelous, tortuous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of another’s privacy or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, including without limitation the Company;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
  • be likely to deceive any person, including the Company;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
  • contain personally identifiable information not belonging to you, including any personal information belonging to minors;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising; or
  • give the impression that such User Content emanates from us or any other person or entity, if it is not the case.

Termination

We may, at our sole discretion, terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation, for a breach of the Terms.

We also reserve the right, in our sole discretion, to:

  • remove any User Content for any or no reason;
  • take any action with respect to any User Content that we deem necessary or appropriate if we believe that such User Content violates these Terms, including the Content Standards, or infringes any intellectual property right or other right of the Company or any third party, or if it threatens the personal safety of other users of the Website or the public, or if it could create liability for the Company; and
  • disclose user identities when required to do so by applicable law, including in response to a law enforcement request supported by a valid court order.

If you wish to terminate your account, you may simply discontinue using the Website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

As consideration for allowing you to use the Website and services, you agree to defend, indemnify, and hold harmless the Company, its affiliates and its licensee and licensors, and their employees, contractors, agents, officers, directors, and suppliers, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) use of and access to the Website and any material obtained from it, by you or any person using your account and password; b) a breach of these Terms; or c) any claim or allegation that your User Content infringes the intellectual property or other proprietary rights of any third party.

Limitation Of Liability

In no event WILL THE COMPANY, nor its directors, OFFICERS, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third-party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You agree that your exclusive and sole remedy is to stop using the Website.

General Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The information presented on or through the Website is made available solely for general information purposes. We do not warrant, whether expressly or implied, the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

The Company disclaims all warranties, express or implied, of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Company and its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

We disclaim all liability and responsibility arising from any reliance placed on any materials by you or any other visitor to the Website, or by anyone who may be informed Of any of its contents and will not be liable to you or anyone else for any action or decision taken in reliance upon the information contained on the Website.

Health Disclaimer

The Company does not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any medical and health information posted on the Website. The information provided by the Company via the Website is for educational purposes only and the Company is not responsible and will not be liable to you or anyone else for any action or decision taken in reliance upon any such information. The information provided via the Website is not intended to be used as a substitute for professional medical diagnosis or treatment. You should seek the advice of your doctor or pharmacist prior to starting any treatment.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Notwithstanding the foregoing, the above exclusions and limitations of liability are intended to apply to you to the greatest extent allowed by law.

Governing Law

These Terms will be governed and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Arbitration Clause

Any action, claim, demand, or other dispute in law or equity, under common law, statute, or contract, arising out of the use of the Website, or any purchase, will be conducted through binding, non-appealable arbitration which will occur in Vancouver, British Columbia, Canada. Any such arbitration will be conducted and administered under the International Centre for Dispute Resolution Canada (ICDR Canada) (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable), with any award rendered by an arbitrator subject to being entered in any court having jurisdiction.

WAIVER OF RIGHT TO TRIAL AND CLASS ACTION

BY AGREEING TO ARBITRATION, YOU SPECIFICALLY WAIVE THE RIGHT TO HAVE ANY ACTION, CLAIM, DEMAND, OR OTHER DISPUTE IN LAW OR EQUITY, UNDER COMMON LAW, STATUTE OR CONTRACT, ARISING OUT OF THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT FROM THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS RESOLVED BY WAY OF BENCH OR JURY TRIAL.

ANY CLAIM DEMAND OR OTHER DISPUTE IN LAW OR EQUITY, UNDER COMMON LAW, STATUTE, OR CONTRACT THAT YOU MAY HAVE AGAINST THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS WILL NOT BE CONSOLIDATED WITH ANY CLAIM OF ANY OTHER PARTY WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, OR OTHERWISE.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and the Company and govern your use of the Website, and supersede and replace any prior agreements we might have had between us regarding the Website, including but not limited to any prior versions of these Terms.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, including without limitation, any information, names, text, software, images, pictures, logos, trade-marks, functionalities, products and associated services and any other material displayed on, offered through or contained on the Website from time to time.

If a revision is material, which is to be determined by us at our sole discretion, we will provide at least 30 days’ notice prior to any new terms taking effect. Your continued access to or use of our Website after any revisions become effective, will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and should refrain from doing so.

Contact Us

If you have any questions about these Terms, please contact us.

By Email: Customerservice.ecom@florahealth.com
By Phone: 1.800.498.3610

Or by Mail:

Flora Manufacturing & Distributing Ltd.
Attn: E-Commerce Department
7400 Fraser Park Dr
Burnaby, BC V5J 3H7
Canada