This Website is only for the use of individuals who are 19 years of age and over. By proceeding to use this Website, you represent that you are 19 years of age or older.
The following terms and conditions govern your use of the websites owned by the Flower To The People Corporation (the “FTTPC”), operating under the brand name of Flower To The People. These websites, which include www.flowertothepeople.ca (hereinafter collectively referred to as the “FTTP Website”), are owned by the FTTPC.
FTTPC reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the FTTP Websites, and you are advised to review the FTTP Websites regularly for any changes. These Terms and Conditions of Use were last updated on January 1st, 2020. In any event, you agree that by accessing and using an FTTP Website you are bound by these terms and conditions as may be changed from time to time.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the “Materials”) contained in the FTTP Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, FTTPC and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of FTTPC.
TRADE-MARKS
Certain names, words, phrases, logos, marks, graphics and designs or other content that appear on FTTP Websites (including “FTTPC”, “Flower To The People”, “FTTP” and related words and logos) are official marks, trade-marks or trade names of FTTPC in Canada. FTTPC is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an FTTP Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any of the marks or names or any other intellectual property right of FTTPC. The names of other companies, products and services referred to on an FTTP Website may be trade-marks or trade names of their respective owners. Any use of the trade-marks or trade names of FTTPC or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the FTTP Websites and Materials for lawful purposes only and in a manner consistent with local, provincial, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of an FTTP Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the FTTP Website illegal, are not authorized to use the FTTP Website.
USE AND RESTRICTIONS
You are only permitted to use an FTTP Website for your own personal, non-commercial purpose. Materials may only be printed or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an FTTP Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
USERNAMES AND PASSWORDS
If a feature of an FTTP Website is accessible only by use of a login name and password, you are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized FTTPC representative.
All login names and passwords remain the property of FTTPC, and may be cancelled or suspended at any time by the FTTPC without any notice or liability to you or any other person. FTTPC is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify FTTPC of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
REGISTRATION
If you choose to register with FTTPC for the online purchase of goods, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on FTTP Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
OUTBOUND LINKING
Any link (including hyperlinks, buttons or referral devices of any kind) used on an FTTP Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an FTTP Website does not constitute an endorsement, recommendation or certification by FTTPC, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with FTTPC.
INBOUND LINKING
FTTPC generally does not object to links to FTTP Websites from third party sites. However, there are certain conditions that must be followed:
The linking of your website to an FTTP Website indicates your agreement to the foregoing terms and conditions.
INDEMNITY
You agree to indemnify, defend and hold FTTPC harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively “Claims”) arising out of:
DISCLAIMERS
YOU UNDERSTAND AND AGREE THAT:
LIMITATIONS
IN NO EVENT SHALL FTTPC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN FTTP WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN FTTP WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN FTTP WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF FTTPC ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
SOCIAL MEDIA POLICY
Flower To The People (FTTP) uses social media channels to interact with our customers and provide educational resources to the public. The FTTP is committed to protecting youth and our social media channels are intended for users who are 19 years or older. The FTTP asks that all social media users who choose to engage with us are respectful of all other users and interact in appropriate conversation related to the topic.
PRIVACY POLICY
The FTTPC is committed to protecting the privacy and confidentiality of its customers’ personal information. The FTTPC Privacy Policy explains how the FTTPC will safeguard the confidentiality and privacy of the personal information you furnish to the FTTPC.
GOVERNING LAW
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Province of Ontario.