Last updated December 19, 2019
A few very important considerations:
If you have any questions, please contact us before proceeding. We can be reached at:
Namaste MD, Inc.1600 – 100 King Street West TorontoON M5X 1G5Tel: 800-867-0267 Email: firstname.lastname@example.org
We will maintain some of the data that you transmit to the Services for the purpose of managing the performance of the Services and your use of the Services. You agree that you are solely responsible for all data that you send to us, and you agree that we have no liability for any loss or corruption of any data you send us.
Unless explicitly indicated, all of the content present in the Services (including elements like the source code, layout, functionality text, trademarks, and images) are owned by us, controlled by us, or licensed to us. You can use the Services on an “as-is” basis, and only for your own personal and non-commercial use.
You cannot copy, reproduce, aggregate, republish, transmit, distribute, sell, license, or otherwise do anything else with the Services without our express prior written permission. We reserve all rights in everything related to the Services.
Provided that you are eligible to use the Services you are granted a limited license to access and use the Services and to download or print a copy solely for your personal, non-commercial use.
If you have questions or concerns about the consumption of medical cannabis, you agree to discuss them with your healthcare practitioner immediately. You should always use your best judgement and exercise caution with all cannabis consumption.
You agree that your use of the Services is at your sole risk. We make no representations or warranties about Services or about any products available for sale by third parties through the Services. We assume no liability related to the Services. We may make mistakes, omissions, errors in the Services, and you understand that we are not responsible for any impact this may have on you or on third parties.
In order to use the Services, you may need to make an account. You agree to keep your password confidential and will be responsible for all use of your account and password.
You agree to notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. We reserve the right to remove, reclaim, or change a username, at our sole discretion.
If you download the Namaste MD mobile application, or any other software from us, it may be accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software.
You accept any and all risk arising out of your use of the Services.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:
By accessing the Services, you agree that:
We retain the right to suspend or terminate your account and refuse any and all current or future use of the Services, at our sole discretion.
If you submit any information to us, like questions, comments, suggestions, or feedback (“Submissions”), you agree that we shall exclusively own all rights in those Submissions and that you have the ability to give us those rights. You also agree that you waive any moral rights in the Submissions.
Some of our Services may contain links to other websites, third party services, or content from third parties (“Third Parties”). These are only provided for your convenience, and we are not responsible for anything done by or with Third Parties. We do not endorse any of the goods or services provided by Third Parties through the Services, or advertised by Third Parties on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We may, in our sole discretion and without notice, remove your access to the Services. This includes blocking certain IP addresses. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You understand that without this provision, you would have to right to bring a claim in court.
The arbitration will be conducted under the under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at: www.adr.org.
The arbitration will take place in Toronto, Ontario, and will occur in English. The arbitrator will make a decision in writing, but will not need to provide reasons unless requested by us or by you.
You agree that any arbitration shall be limited to the Dispute between you and us individually. You understand that, to the extent permitted by law:
You agree that the following types of Disputes are not subject to the above provisions concerning binding arbitration:
If, for any reason, a Dispute proceeds in court instead of by arbitration, you agree that it will occur in Toronto, Ontario, and both you and Namaste agree to waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction.
You agree to defend, indemnify, and hold us harmless, from and against any loss, damage, liability, claim, or demand, made by any third party due to or arising out of:
We reserve the right, at your expense, to assume the exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You understand that in no event will we be liable to you or to any third party for any claim arising from your use of the Services. This includes direct, indirect, and special damages.
If, at any point, we are held liable for any damages, our liability will be limited to the amount paid to us by you during the 12-month period prior to the cause of action.
A few final things to be aware of: