Terms of Use
This website Medical Cannabis Practitioners (“Website”), owned and operated by Medical Marijuana Practitioners Inc. (herein “MMJP” or “us” or “we” or “our”) is subject to the following terms and conditions of use, as amended from time to time in accordance with the terms described (collectively, “Terms of Use”). These Terms of Use were last updated on Mar 16th, 2021. The Terms of Use, our Privacy Policy, together with any additional terms, conditions or disclaimers found on the Website (collectively, the “MMJP Policies”) should be reviewed in detail. The MMJP 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 MMJP. In order to view and/or purchase our products (“Product”) through the Website, you will be required to agree to the MMJP 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 MMJP Policies. If you do not agree with any of the MMJP Policies, you are not authorized to access or use the Website or any of its services, including, without limitation, ordering any Product.
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. MMJP 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. We use voluntary, aggregated, and anonymous health data as a
part of that research program. As a MMJP 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 MMJP
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 Act of Canada issued pursuant to the Canadian Controlled Drugs And Substances Act; (ii)
are a resident in Canada and at least the age of majority in the state or 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.
Use of the Website
You consent to receive invitations from MMJP to participate in surveys, studies or other research projects
relating to your use of Products or services offered by MMJP which may be conducted by MMJP or by
third parties. This research may be directed to improving MMJP 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 support@mmjp.ca
by mail at MMJP, 360 Scott St., St. Catharines, Ontario, L2N 1J5, or by phone at
905-994-9417.
Payment
You agree to pay for all Products, plus applicable taxes, purchased from the Website. Payment may be
made by credit card and your payment will be
processed by our third-party payment processor, Square, Inc. 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 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.
Product Availability and Pricing
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 and Return and Exchange Policy
Orders received and accepted prior to 1:00 p.m. (Eastern Standard Time) on any business day (the “
”) will typically be processed and shipped on the same business day. Orders received and
accepted following the Cut-Off Time will typically be processed and shipped on the immediately following
business day. We shall not have any liability to you or any other person in the event of any failure to ship
within such designated ship times or to be delivered to you in any specific period of time. All of our
Products are shipped in courier packages to the shipping address provided at time of check-out. No package from our facility will disclose its
contents or indicate its origin in order to ensure that our patients’ privacy will be highly safeguarded. None
of our Products will be shipped to patients who reside outside of Canada.
MMJP 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 supplier at cs@tvape.ca or call 1-855-234-8273.
Subject to our obligations pursuant to The Cannabis Act, we reserve the right to refuse to sell any of our Products to any person, as we may determine in our sole and unfettered discretion. We further 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.
Information on the Website
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). 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.
Any links from the Website to other websites are provided for convenience only. MMJP does not review,
endorse, approval 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 support@mmjp.ca. No “deep links” into the Website are
permitted. By linking (to the extent permitted), you agree that MMJP may require the link to be removed if,
in MMJPs’ sole opinion, any aspect of the linking portal or website, its content or any other matter relating
to the link is objectionable to MMJP.
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, MMJP
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 MMJP 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 MMJP IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE
TO YOU AND THE FOREGOING LIMITATIONS AND EXCLUSIONS NOT ENFORCEABLE, THEN
MMJP’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 MMJP 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 these Terms of Use; (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 MMJP of any
registration data or any other information or data and the use of same by MMJP 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 Severability / Electronic Documents
MMJP’s failure or delay to enforce any of the terms and conditions under these Terms of Use shall not
operate as a waiver of any of MMJP’s rights or privileges under these Terms of Use
If any provision of these Terms of Use 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 these
Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or
administrative proceedings based upon or relating to these Terms of Use 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
Language
MMJP may, at any time, provide you with the opportunity to review the amended Terms
of Use; and require that you accept the amended Terms of Use prior to being permitted to continue to
access and use the Website. Your agreement to the amended Terms of Use shall become effective at the
time you indicate your agreement to MMJP.
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.
Trademarks
Governing Law and Disputes
All product, brand and company names and logos and trademarks displayed on the Website are the
trademarks of MMJP (or its suppliers or third-party licensors). Any use of any of the marks appearing on the Website without the express written consent of MMJP is strictly prohibited.
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 MMJP 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 MMJP
agree that these Terms of Use 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 MMJP that, in the event that there
is a dispute under the MMJP 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 support@mmjp.ca for notices to MMJP, or to the e-mail address that you provided to MMJP as part of registration for notices to you.