The Pot Shack – Website Terms and Conditions of Use
Please review these terms and conditions carefully before using this website (thepotshack.ca) as they govern your use of it. The website is owned by The Pot Shack (TPS).
The TPS 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 here, and you are advised to regularly watch for changes. These Terms and Conditions of Use were last updated on March 12, 2019. In any event, you agree that by accessing and using ThePotShack.ca you are bound by these terms and conditions as may be changed from time to time.
If you choose to register with The Pot Shack for the purchase of goods, you agree to: (i) provide online true, current and complete information about yourself; and (ii) maintain and promptly update on-line information about yourself to keep it true, current and complete.
Copyright, ownership and use of intellectual property
The materials contained on our 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 TPS and third parties. All rights are 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 our prior consent. You may print, in hard copy, portions of this website for your personal use.
Certain names, words, phrases, logos, marks and designs that appear on ThePotShack.ca (including “TPS” and “The Pot Shack” and related words and logos) are official marks, trade-marks or trade-names of TPS in Canada. TPS is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on ThePotShack.ca shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of ours. The names of other companies, products and services referred to on our websites may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of TPS 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 our websites and materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations.
Potential users of ThePotShack.ca 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 part; or (ii) render access illegal, are not authorized to use it.
Use and restrictions
Use of any automated system or software to extract data from ThePotShack.ca 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:
- take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on the TPS’s infrastructure;
- interfere or attempt to interfere with the proper working of ThePotShack.ca, or any activities conducted on or with ThePotShack.ca;
- bypass any measures we may use to prevent or restrict access to ThePotShack.ca.
Usernames and passwords
Some features of ThePotShack.ca may be accessed 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 The Pot Shack representative.
All login names and passwords remain the property of The Pot Shack, and may be cancelled or suspended at any time by The Pot Shack without any notice or liability to you or any other person. The Pot Shack 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 us 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.
Accuracy of information
While every effort is made to ensure the accuracy of our information, 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.
Any link, (including hyperlinks, buttons or referral devices of any kind) used on ThePotShack.ca is provided for your convenience only, and you access any link at your own risk. The appearance of a link on ThePotShack.ca does not constitute an endorsement, recommendation or certification by us.
We generally do not object to links to ThePotShack.ca from third party sites. However, there are certain conditions that must be followed: Unless we enter into a specific written agreement with you, you may not use any of the TPS’s names, logos, designs, slogans, or marks in or with your links, except that you may link to ThePotShack.ca using the plain text names: TPS or The Pot Shack.
Do not present the link to ThePotShack.ca in any way that suggests we have any relationship or affiliation with your site or in any way that suggests we endorse, sponsor or recommend the information, products or services on your site.
Use of any of the TPS’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without our written permission for a particular use is strictly prohibited. Use of any of the TPS’s names, logos, designs, slogans, or marks, or any other words or codes identifying ThePotShack.ca in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without our written permission for a particular use, is strictly prohibited.
We are not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for the The Pot Shack website.
We reserve the right to direct you to delete or modify your link to our website for any reason.
The linking of your website to our website indicates your agreement to the above terms and conditions.
You agree to indemnify, defend and hold TPS harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) arising out of:
- your infringement of any TPS or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any claims which may arise, now or in the future as a result of your use of our website;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, our website; (ii) use of our website for any illegal purpose; or (iii) use of our website to achieve any unauthorized or prohibited access to computer systems and data;
- your use of our website; and
YOU UNDERSTAND AND AGREE THAT:
- USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITES ARE PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. WE DO NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN The Pot Shack WEBSITE. WE WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
- THE DOWNLOADING OF MATERIALS FROM OUR WEBSITE IS DONE AT YOUR OWN RISK. WE DO NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF OUR WEBSITE.
IN NO EVENT SHALL WE 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 THEPOTSHACK.CA WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM OUR WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH OUR WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF TPS 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 ABOVE 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.
Terms and conditions of sale for purchases
You must be 19 years of age or older to purchase products from ThePotShack.ca. To shop on our site, you must verify your age using our third-party verification services. This is mandatory and your account will not be activated until your age has been confirmed to be 19 years of age or older. By submitting an order, you also represent that you are not purchasing products for anyone who is younger than 19 years of age. When you or another adult signs for the products ordered, you will be required to present proof that you are 19 years of age or older. Acceptable proof includes a valid driver’s licence, passport or citizenship card.
Third parties acting on our behalf
Your personal information is provided by The Pot Shack to third parties in order to facilitate age verification, payment and delivery. We only transfer your personal information to third parties who have agreed to comply with appropriate privacy and security standards.
Payment can be made by VISA, MasterCard, VISA Debit and MasterCard Debit. Please complete the credit/debit card section at the checkout page in full. We use a payment gateway provider’s server to act as the link between us and our bank. We do not store any credit/debit card information on our systems.
By submitting your order, you represent that you are authorized to use the designated credit/debit card and you authorize the TPS to charge your order to that credit/debit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit/debit card. We reserve the right to obtain authorization from the issuer of that credit/debit card and also we reserve the right to decline any transaction.
Every effort has been made to stock adequate quantities of the products offered on ThePotShack.ca. Some of the products, however, are available in relatively small quantities, and may be or become out of stock.
If we are unable to fill an order for a product, you will be notified and we will only charge you for the products fulfilled.
We reserve the right to limit order quantities. For consumers, the maximum order is limited to 30 grams of product per transaction. Minimum and maximum order quantities as well as order values will be set and changed from time to time. We may reject an order if it appears you are attempting to circumvent an order limit.
Prices quoted on ThePotShack.ca are in Canadian dollars. Prices are subject to change without notice.
Products ordered will be delivered to a valid address in Saskatchewan. Orders cannot be delivered to a PO box. Please ensure you provide a physical street address. Delivery times may be affected by weather or order volumes. Orders must be paid in full before they are delivered to their destination.
You will be contacted by email once your order has shipped. Products will only be delivered into the custody of a person 19 years of age or older, who is not intoxicated. It is your responsibility to be at the delivery address to receive your shipment. Carriers will not leave products unattended or ‘safe drop’ them in any manner.
Title to products passes from us to you when they are delivered to a person 19 years of age or older at the delivery address you indicated in your order or when you retrieve them from the carrier’s depot.
There is a delivery charge for each order. We may ship your order in more than one shipment due to product availability, but you will only be charged the initial applicable shipping fee.
We attempt to ensure that the information on ThePotShack.ca is accurate. However, no warranty of accuracy or completeness is expressed or implied. We expressly reserve the right to correct errors and to change or update information on ThePotShack.ca at any time without notice. In the event of an error in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you.
All orders from ThePotShack.ca are final sale. Exceptions may apply, at the discretion of the TPS, for product recalls, quality issues, or damaged or tampered items. If an exception applies to your order, your payment will be refunded to the card you used for your purchase.
All product returns need to be initiated by contacting an The Pot Shack Customer Service Representative via email at email@example.com
These Terms and Conditions and each purchase of Products through ThePotShack.ca are governed by, and shall be construed in accordance with, the laws of the Province of Saskatchewan.
We are not liable for any damages caused by any delay or failure to perform our obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.
Disclaimer and limitation of liability
There are no warranties, representations or other agreements regarding the products ordered through ThePotShack.ca. Using cannabis has inherent risks and the TPS does not test product it sells on ThePotShack.ca. The TPS will not be liable for any damages in any way related to the purchase or use of the product. Should the TPS be found to be liable, damages will not exceed the total amount of the product ordered by you.
We may discontinue or suspend, temporarily or permanently, any presently available products at any time without prior notice.