Terms & Conditions

Herb’s Cannabis - Website Terms and Conditions of Use

Please review these terms and conditions carefully before using this website as they govern your use of it. The website is owned by Herb’s Cannabis Shoppe (HERBS).

HERBS 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.

Terms and Conditions of Use were last updated on November 5, 2021. In any event, you agree that by accessing and using this site you are bound by these terms and conditions as may be changed from time to time.

Registration Obligation

If you choose to register with this site for the purchase of goods, you agree to:

• Provide online true, current and complete information about yourself
• Maintain and promptly update online 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 HERBS 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.

Trademarks

Certain names, words, phrases, logos, marks and designs that appear on this site are official marks, trademarks or trade names of HERBS in Canada. HERBS may also be the owner in Canada of additional official marks, trademarks and trade names, registered and unregistered.

Nothing in this Agreement or on this Site 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 ours.

The names of other companies, products and services referred to on our websites may be trademarks or trade names of their respective owners. Any use of the trademarks or trade names of HERBS 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 this site 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 this site 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 HERBS’s infrastructure;
• Interfere or attempt to interfere with the proper working of this site, or any activities conducted on or with this site;
• Bypass any measures we may use to prevent or restrict access to this site.

Usernames and Passwords

Some features of this site 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.

All login names and passwords remain the property of HERBS and may be cancelled or suspended at any time by HERBS without any notice or liability to you or any other person. HERBS 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.

Outbound linking

Any link, (including hyperlinks, buttons or referral devices of any kind) used on this site is provided for your convenience only, and you access any link at your own risk. The appearance of a link on this site does not constitute an endorsement, recommendation or certification by us.

Inbound Linking

We generally do not object to links to this site 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 HERBS’s names, logos, designs, slogans, or marks in or with your links, except that you may link to this site using the plain text names.

Do not present the link to this site 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 HERBS’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 HERBS’s names, logos, designs, slogans, or marks, or any other words or codes identifying this site 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 HERBS 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.

Indemnity

You agree to indemnify, defend and hold HERBS 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 HERBS 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

Your breach of any of these Terms of Use, the HERBS Privacy Policy or any rule, regulation, guideline or policy of the HERBS as may be established and changed from time to time and posted on the website.

Disclaimers

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. 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.

Limitations

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 AN HERBS 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 HERBS 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.

Privacy Policy, Consent and Disclosure

We are committed to protecting the privacy and confidentiality of our customers' personal information. The HERBS Customer Privacy Policy explains how we will ensure the confidentiality and privacy of the personal information you furnish to us.

Terms and Conditions of Sale for Purchases

Age

You must be 18 years of age or older to purchase products from this site. 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 18 years of age or older. By submitting an order, you also represent that you are not purchasing products for anyone who is younger than 18 years of age. When you or another adult signs for the products ordered, you will be required to present proof that you are 18 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 HERBS 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

We do not store any credit/debit card information on our systems.

Availability

Every effort has been made to stock adequate quantities of the products offered on this site. 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.

Order Quantities

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.

Pricing

Prices quoted on this site are in Canadian dollars. Prices are subject to change without notice.

Delivery

You will be contacted by email once your order has shipped. Products will only be delivered into the custody of a person 18 years of age or older, who is not intoxicated and can verify that they made the order themselves.

Title to products passed from us to you when they are delivered.

Errors

We attempt to ensure that the information on this site 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 this site 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.

Refunds

All orders from this site are final sales. Exceptions may apply, at the discretion of the HERBS, 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 HERBS Customer Service Representative via email at marketing@herbscannabisshoppe.com or by telephone.

Governing law

These Terms and Conditions and each purchase of Products through this site are governed by and shall be construed in accordance with, the laws of the Province of Alberta.

Force Majeure

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 this site. Using cannabis has inherent risks and the HERBS does not test products it sells on this site. The HERBS will not be liable for any damages in any way related to the purchase or use of the product. Should the HERBS be found to be liable, damages will not exceed the total amount of the product ordered by you.

Discontinuance

We may discontinue or suspend, temporarily or permanently, any presently available products at any time without prior notice.

Privacy Policy and Security Statement

We are committed to protecting the privacy and confidentiality of our customers' personal information - View Our Privacy Policy