Terms and Conditions
Your access to and use of this website is subject to legally binding terms and conditions. Carefully read the following terms and conditions before accessing or using this website. Your accessing or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them. The following terms and conditions form a binding agreement (“Agreement”) between you and Mary J Cannabis. We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of this website after any change means you have accepted the changed terms and conditions
Canadian Copyright Law
Copyright protection is automatic in Canada. A work need not be registered with the Canadian Copyright Office nor does it have to be marked with a © to indicate that it is copyright protected.
a) Restricted Uses
Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized by Mary J Cannabis, is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from Mary J Cannabis. You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content, without Mary J Cannabis’written consent. Permission for such uses may be granted on a case-by-case basis at the sole discretion of Mary J Cannabis A usage fee may be assessed depending on the type and nature of the proposed use.
b) Links to Third Party Websites
The Mary J Cannabis website contains links to third party websites. The linked sites and pages are not under the control of Mary J Cannabis and Mary J Cannabis is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement or sponsorship of the linked website by Mary J Cannabis.
c) Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Mary J Cannabis linked to these terms and conditions constitute the entire Agreement between you and Mary J Cannabis relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Mary J Cannabis making such amendments or modifications available on this website.
d) Limitation of Liability and Indemnity
IN NO EVENT WILL Mary J Cannabis OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW. As a condition of your use of this website, you agree to indemnify Mary J Cannabis and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.
Return Policy
All cannabis products are considered final sale. Defective products deemed unfit for consumption or with visible/concealed defects, accompanied by a sales receipt, can be exchanged or returned within 7 days. For more information visit our Terms & Conditions page. Accessories that are brand new, unused in unopened packaging accompanied by a sales receipt can be exchanged or returned within 15 days.
Resolving Your Concerns
If you have any questions or concerns about Mary J Cannabis’ personal information collection, use and disclosure practices, or terms and conditions, please let us know and we will do our best to help you. Please contact us directly at info@maryjcannabis.ca.
MARY J’S CANNABIS - STAY COOL KINGSTON GIVEAWAY RULES (the “Contest”)
THIS CONTEST IS ONLY OPEN TO ONTARIO RESIDENTS AND IS GOVERNED BY CANADIAN LAW AND THE LAWS OF THE PROVINCE OF ONTARIO. NO PURCHASE NECESSARY. SEE BELOW FOR FULL CONTEST DETAILS. PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THESE CONTEST RULES (THE “CONTEST RULES”).
CONTEST PERIOD 1) The Contest begins on Saturday August 27, 2022 and ends on Sunday , September 11, 2022, at 11:59 p.m. ET (the “Contest Period”).
ELIGIBILITY 2) The Contest is open to all residents of Ontario who have reached the age of 19 at the time of entry, except employees (and those with whom such employees are domiciled) of Mary J’s Cannabis (the “Sponsor”), its affiliated companies or agents, advertising and promotion agencies.
HOW TO ENTER 3) NO PURCHASE NECESSARY. To participate in this Contest you must: a. Have a valid Instagram account (an “Account”). b. Become a follower (a “Follower”) of the official @maryjcannabis account. c. During the Contest Period, like the designated post, tag Mary J’s Cannabis and Drift Cannabis and tag 2 friends using your account. BY PARTICIPATING IN THIS CONTEST, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON INSTAGRAM AND/OR SPONSOR’S PROPRIETARY WEBSITE, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF INSTAGRAM AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.
DRAW AND WINNER SELECTION 4) On Monday, September 12, 2022, 1 eligible entrant will be selected by random draw from all eligible entries received during the Contest Period. The odds of winning depend on the number of eligible entries received.
5) Before being declared a winner: The selected entrant will be contacted by private message on Instagram and notified that they are eligible to win. The selected entrant must reply by private message within one (1) business day of notification and provide the Sponsor with a contact phone number. The selected entrant must first correctly answer a time-limited mathematical skill-testing question to be administered by telephone. By entering this contest, the selected entrant: a. confirms compliance with the contest rules; b. releases the Sponsor, its affiliated companies and agents, advertising and promotion agencies, and each of their respective officers, directors, agents, representatives, successors, and assigns from any liability in connection with the Contest, the entrant’s participation therein, and/or the awarding and use or misuse of the prize or any portion thereof; and c. grants to the Sponsor the right to use the selected entrant’s name, address, and likeness in any form of advertising relating to the contest without further notice or compensation. - 3 - If a selected entrant: (i) cannot be contacted by private message within one (1) calendar days of selection or there is a return of any prior notification as undeliverable; (ii) fails to correctly answer the skill-testing question, he/she will be disqualified and will forfeit the prize, and the Sponsor reserves the right to select an alternate entrant from among the remaining eligible entries.
PRIZES 6) There will be one (1) prizes available to be won, consisting of an assortment of Mary J’s Cannabis branded apparel and accessories as well as a selection of Drift apparel. (approximate retail value $100 (CDN) . NOTE: Prizes must be accepted as awarded and are not transferable or convertible to cash. No substitutions except at the Sponsor’s option. Sponsor reserves the right to substitute a prize or a prize component with one of equal or greater value, including without limitation, but solely in the Sponsor’s discretion, a cash award. Prizes will only be awarded to the person who is the owner of the Account.
GENERAL 7) By entering the Contest, each entrant agrees to abide by these Contest Rules. This Contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited by law. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. 10) Sponsor reserves the right to cancel, suspend, withdraw or amend this Contest in any way, without prior notice or obligation, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Contest Rules. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
8) All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.
9) By entering the Contest, each entrant: agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property-related cause of action that relate in any way to the Post. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any Post if a complaint is received with respect to the Post, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Post (and corresponding Entry) and/or the associated entrant. If the Sponsor determines, in its sole and absolute discretion, that any Post does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Post(and corresponding Entry) and/or the associated entrant.
10) Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple Instagram accounts, shall be deemed as tampering and may disqualify you from entering, participating, winning prizes (defined herein), and preclude you from participating in future contests and promotions, at the sole discretion of Sponsor. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions these rules will be judged void. All Entries become the property of Sponsor upon receipt and none will be returned. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt.
11) Without limitation, the Sponsor, its advertising and promotion agencies will not be liable for any failure of the website during the Contest; for a technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Sponsor, or its advertising and promotion agencies for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Sponsor and its advertising and promotion agencies will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.
12) In the event of a dispute, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry.
13) By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing, and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s Privacy Policy (available at: https://www.maryjcannabis.ca/copy-of-terms-conditions
unless the entrant otherwise agrees to receive further communications from Sponsor. Your use of Instagram is subject to the Instagram Privacy Policy (available at:help.instagram.com/519522125107875/?helpref=uf_share
19) Contest is in no way sponsored, endorsed, or administered by, or in association with, Instagram. Any questions or comments regarding the Contest should be directed to the Sponsor, not Instagram.
EULA
End User Licence Agreement
Licence
Under this End User Licence Agreement (the "Agreement"), Mary J's Cannabis (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable licence (the "Licence") to use Mary J's Cannabis App/Website (the "Software").
"Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software.
This Agreement grants a site licence to the Licensee. The Software may be loaded onto a maximum of none computers.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.
Licence Fee
The original purchase price paid by the Licensee will constitute the entire licence fee and is the full consideration for this Agreement.
Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.
Acceptance
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software on the first computer.
User Support
No user support or maintenance is provided as part of this Agreement.
Term
The term of this Agreement will begin on Acceptance and is perpetual.
Termination
This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
Force Majeure
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
Governing Law
The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Ontario for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Ontario.
Miscellaneous
This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this
EULA Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.