Privacy Policy

WELCOME TO OUR PRIVACY POLICY

YOUR PRIVACY IS CRITICALLY IMPORTANT TO US.

PRIVACY POLICY OF BLOOM CULTIVATION

Last Updated May 2019

This Privacy Policy establishes rules to govern the collection, use and disclosure of Private Information (as defined below) collected by Bloom Cultivation Ltd. (the “Corporation”, “we”, “our” and “us”, including, where applicable, any Affiliate or subsidiary of the Corporation), in the course of business, in compliance with federal and provincial privacy and health information laws including the Personal Information Protection and Electronic Documents Act (Canada), and the Personal Information Protection Act (Alberta).

This Privacy Policy applies to all individuals whose Private Information the Corporation collects, uses or discloses in the course of doing business, including individuals who access the Corporation’s website (the “Website”) and the contents therein or use the services offered thereunder (the “Services”), review any webpages, text, images, sounds, software, and other data or information contained in the Website, create an account or otherwise access the services available on and through the Website as a registered user (a “User”) or otherwise, or to purchase the products (the “Products”) and/or the Services that may be offered from time to time on and through the Website.

We reserve the right to change this Privacy Policy from time to time as industry practice, Applicable Laws (as defined in the Definitions section), and our procedures in this area may change from time to time. We will post the current version of this Privacy Policy on our Website and you may request a hard copy. Access to the Website is governed by the Corporation’s Terms and Conditions of Use, available at www.ogencannabis.com/privacy-policy

In this Privacy Policy, headings are for reference purposes only and do not limit the scope or extent of such section; words importing the singular number only also include the plural, and vice versa; “including” or “includes” means including or includes (as applicable) without limitation or restriction.

Definitions

The terms set forth below and those defined throughout this Privacy Policy when initially capitalized shall have the meanings ascribed to them.

  1. “Affiliate” has the meaning set forth in the Business Corporations Act (Alberta), as amended from time to time;
  2. “Applicable Laws” includes any applicable federal, provincial or local law as may be appropriate in the context, including the Cannabis Act (Canada) and any regulations thereunder, consumer protection legislation, privacy legislation, statutory law and regulations, common law, the law of equity and any other laws applicable to the Corporation;
  3. “Authorized Authority” means, any:
  4. federal, provincial, municipal or local governmental body (whether administrative, legislative, executive or otherwise), both domestic and foreign, including, but not limited to Health Canada;
  5. agency, authority, commission, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government;
  6. court, arbitrator, commission or body exercising judicial, quasi-judicial, administrative or similar functions; and
  7. other body or entity created under the authority of or otherwise subject to the jurisdiction of any of the foregoing, in each case having jurisdiction over such individual, transaction or event;
  8. “Private Information” means information about an identifiable individual;
  9. “Privacy Officer” means the individual designated as such by the Corporation, the Privacy Officer for the Corporation is Linda Luu, and may be contacted at lluu@bloom.ca; and
  10. “Technical Information” means data collected from our servers and from your web browser software when you visit the Website, including your IP address, the time and information about the page you requested and the website through which you were linked to our Website, if any.

Private Information and Third Party Websites

This Privacy Policy applies to all Private Information that is collected, used or disclosed by the Corporation. The Corporation has designated a Privacy Officer to be accountable for the operation of this Privacy Policy. Individuals may question or report any privacy concerns, breaches, violations or compliance issues to the Privacy Officer, as identified in the Definitions section.

If the policies and procedures outlined in this Privacy Policy do not address a specific situation, individuals are advised to contact the Privacy Officer for guidance or clarification.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

This Privacy Policy does not apply to information collected by:

  1. us offline or through any other means, including on any other website operated by the Corporation or any third party (including our Affiliates and subsidiaries);
  2. any third party (including our Affiliates and subsidiaries), through any application or content (including advertising) that may link to or be accessible from or on the Website.

Collection of Private Information

The Corporation collects and uses only the Private Information that we need for providing Products and Services and operating our business. Your Private Information is not sold to anyone for any purpose. Generally, the Private Information collected by the Corporation includes:

  1. contact and identification information, such as your name, address, telephone number, e-mail address, date of birth and gender;
  2. Private Information in connection with your request for certain Products or Services that you seek from us;
  3. additional service-related information concerning the Products or Services that we provide to or receive from you;
  4. business relationship information, including information related to your agreements, preferences, advisors, suppliers, feedback and information requested by or provided to you.

We normally collect information directly from Users. We may collect your information from other persons with your consent, as provided in this Privacy Policy, or as authorized by Applicable Laws. Before or at the time of collecting Private Information, we identify the purposes for which we are collecting the information. We do not provide this notification when Private Information is volunteered for an obvious purpose. If we wish to use or disclose your Private Information for a new purpose not included in this Privacy Policy, we will notify you and seek your consent.

Consent

By providing your Private Information to the Corporation you agree and consent that we may collect, use and disclose your Private Information in accordance with this Privacy Policy and any document that you have executed and/or delivered to the Corporation. For clarity, you consent to the Corporation disclosing, for the purposes described herein, your Private Information and any and all other information that you have provided to us in order to purchase our Products and Services.

By providing your Private Information to the Corporation, you agree and consent that we may receive your Private Information from and send your Private Information to Authorized Authorities, and any other individuals or entities necessary in order to provide you with our Products and Services and comply with Applicable Laws.

You can refuse to consent to our collection, use or disclosure of Private Information about you, or withdraw your consent to our further collection, use or disclosure of Private Information at any time by giving us reasonable notice, provided your refusal or withdrawal of consent does not limit our ability to provide our Services, to comply with Applicable Laws with respect to the Private Information in our possession or limit any rights we have under this Privacy Policy or any documents that you have executed and/or delivered to the Corporation. In certain cases, your refusal to consent could prohibit your eligibility as a customer of the Corporation.

If you do not want the Corporation to contact you by e-mail, mail or telephone you may request such through our Privacy Officer subject to any rights we may have to disclose your Private Information under Applicable Laws, this Privacy Policy or any documents that you have executed and/or delivered to the Corporation in connection with this Privacy Policy.

Use of Private Information

The purpose for collecting Private Information is set out in this Privacy Policy. The amount and type of Private Information collected by the Corporation shall be limited to what is necessary to fulfill the identified purpose. Private Information shall only be used or disclosed for the purposes for which it is collected. Exceptions may be made with the consent of the individual or if authorized or required by Applicable Laws.

Private Information collected by the Corporation or on behalf of the Corporation will be stored on servers located in Canada and will be compliant with Canadian Privacy legislation and subject to Applicable Laws.

The Corporation collects and uses Private Information to enable us to manage, maintain and develop our operations, including:

  1. to establish, maintain and manage our relationship with you so that we may provide you with the Products and Services that have been requested;
  2. to enable you to register and access an account with us;
  3. to review the Products and Services that we provide to you so that we may understand your requirements for our Products and Services and work to improve them;
  4. to comply with your requests;
  5. to protect the Corporation against error, fraud, theft and damage to our goods and property;
  6. to enable us to comply with Applicable Laws;
  7. for any other reasonable purpose to which you consent.

Disclosure of Private Information

We may share your Private Information with an Authorized Authority, and any other individuals or entities necessary in order to provide you with our Products and Services. All such sharing is done in a manner consistent with this Privacy Policy.

We may also share your Private Information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf, as well as individuals or organizations who are involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our computer systems.

In addition, Private Information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership, in all or a part of the Corporation or its Affiliates through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your Private Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Finally, your Private Information may be disclosed:

  1. for the purposes described in this Privacy Policy;
  2. as part of an audit by Health Canada;
  3. as otherwise permitted or required by Applicable Laws or regulatory requirements;
  4. to comply with valid legal processes such as search warrants, subpoenas or court orders;
  5. as part of the regular reporting activities of the Corporation and its Affiliates;
  6. to protect the rights and property of the Corporation;
  7. during emergency situations or where necessary to protect the safety of a person or group of persons;
  8. with your consent.

Use of Technical Information

We may use tracking technologies to acquire Technical Information in a variety of ways, including the following: keeping count of return visits to the Website; accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Website usage; and determining which features Users like best. We use aggregated Technical Information to measure and improve the effectiveness of the Website and improve its content and responsiveness to visitor interests. We will not combine the Technical Information with any Private Information we have collected. For clarity, the aggregate Technical Information we produce in relation to use of the Website does not identify individual visitors. We may disclose the aggregate Technical Information about the use of the Website to our service providers, regulatory bodies, and others.

Your internet browser has a feature called “cookies”. A cookie is a small amount of data stored on your computer or device about your visit to our Website. Cookies tell us nothing about who you are, however, unless you specifically give us Private Information. You do not need to have cookies turned on to visit the Website. You may also elect not to allow cookies to be collected by selecting certain options on your internet browser. We may use cookies to serve our remarketing campaigns so that third-party vendors, including without limitation Google and Facebook, show our ads on websites across the internet. You can opt out of the third parties’ use of cookies by visiting their advertising preference settings.

Third Party Analytics or Ad Serving Services

The Corporation may use certain third-party analytics and/or ad serving services. The providers of these services may independently collect, use and disclose your IP address together with information about your visits to this and other websites that they service in accordance with their own privacy policies (and not this Privacy Policy). These services may use their own cookies and other data collection technologies. They may use this information in order to improve your experience, to gain a view of how people are using websites that they service so that improvements can be made, and as otherwise permitted in their privacy policies.

The Corporation may also use targeted advertising service providers to tailor advertisements to your preferences. These advertisements may appear on the Website or social media websites, or on third party websites.

Private Information Posted by the Individual

From time to time, the Corporation may offer interactive services which allow Users to share information with other Users on the Website, such as message boards, user reviews or similar functions. These features may permit a User to publish Private Information about him or herself or about another individual. By submitting such information, the User represents:

  1. that the User consents to its collection, retention and public disclosure by the Corporation;
  2. that the User has obtained the same consent from any other individual whose Private Information is being posted.

The Corporation does not monitor or moderate information submitted or posted by the Users of the Website and accepts no responsibility or liability for any content, including without limitation Private Information, posted in this way.

If an individual believes that his or her Private Information has been posted by a third party without consent, that individual should contact the Privacy Officer so that the complaint may be investigated and the content removed if it is appropriate to do so.

Social Networking

When you use certain functions that may be included on the Website or you post information to other social networking websites (e.g. posting a link to the Website on Facebook or Twitter), the Private Information that you post or share in connection with these third-party websites is visible to other persons and can be read, collected, used and disclosed by other persons. Any information provided to such third-party social networking websites and other websites is outside of the Corporation’s control and is not governed by this policy.

Access to Private Information

Upon request received by the Corporation in writing, individuals shall be informed of the existence, use, and disclosure of their Private Information records and shall be given access to that information. Requests to access Private Information held by the Corporation should be directed to the Privacy Officer.

Requests must be made in writing to the Corporation or by e-mail to the Privacy Officer. Individuals may be required to verify their identity in order to access their Private Information. Any documentation provided in support of such verification shall be used for verification purposes only.

The Corporation responds to requests for access to Private Information within sixty (60) days of receipt of the request or as may be permitted in accordance with Applicable Laws.

A fee for reasonable costs incurred may be charged when responding to more complex requests. The individual will be informed of the applicable fee.

Requested information will be provided in a form that is generally understandable.

The Corporation will be as specific as possible when describing third parties to whom it has disclosed Private Information about an individual when required or authorized to do so by Applicable Laws. When it is not possible to provide a list of the organizations to which it has actually disclosed information, the Corporation will provide a list of organizations to which it is likely to have disclosed information.

Individuals are permitted either to view the original record, or to request a copy, subject to limitations as permitted or required by law. To preserve the integrity of the record and ensure that documents are not removed from the Corporation, individuals wishing to view an original record will do so at the Corporation’s head office and under the supervision of designated Corporation personnel.

Limitation to Access

The Corporation will only refuse you access to Private Information relating to you in circumstances permitted or required by the Applicable Laws. In the event that the Corporation refuses to provide access to information, it will provide you with the reasons for its refusal upon request, unless the Corporation is prevented by Applicable Laws from disclosing the reasons to you. Exceptions may include information that contains references to or opinions of other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. The Corporation will respond to your requests for access in accordance with Applicable Laws.

Maintenance of Private Information

Private Information shall be kept as accurate, complete, and up-to-date as necessary for the purposes for which it is to be used.

Individuals have the right to challenge the accuracy and completeness of the Private Information that is maintained by the Corporation and have it amended as appropriate.

Individuals seeking a correction or amendment to their Private Information should direct their requests in writing to the Privacy Officer.

All formal requests to amend Private Information must be accompanied by appropriate supporting documentation. The Privacy Officer will manage any exceptions. The amended information will be transmitted to third parties, as appropriate.

If the individual is not satisfied with the results of the request, the Corporation shall internally document the issue, and provide a response. The existence of the unresolved challenge will be transmitted to third parties, as appropriate.

Security of Private Information

Private Information will be retained only as long as necessary, including for compliance with the Applicable Laws, and will be disposed of in a manner that is appropriate to the sensitivity of the Private Information. We render User Private Information non-identifying, or destroy records containing Private Information once the information is no longer needed. We use appropriate security measures when destroying User Private Information, including shredding paper records and permanently deleting electronic records.

Private Information will be protected by security safeguards, appropriate to the sensitivity of the Private Information.

We will notify the Office of the Information and Privacy Commissioner of Alberta, without delay, of a security breach affecting Private Information if it creates a real risk of significant harm to individuals.

Fraud Prevention

The Corporation reserves the right to cooperate with local, national or international law enforcement or other Authorized Authorities in the investigation of improper or unlawful activities and this may require the disclosure of Private Information. If such an investigation requires disclosure of Private Information kept in our records, we may be required by law to cooperate. We also reserve the right to report improper or unlawful User activities on our Website, which may require the disclosure of Private Information relating to those individuals conducting such improper or unlawful activities.

Links

The Website may contain links to other websites and advertisements. This Privacy Policy only applies to information collected by our Website. We are not responsible for the privacy practices and policies of these third parties.

Challenging Compliance

Inquiries or complaints concerning compliance with this Privacy Policy should be addressed, in writing, to the Privacy Officer.

If you are not satisfied with the response from Privacy Officer after making a complaint, you may have recourse to additional remedies under Applicable Laws. For further information, please contact the Federal Privacy Commissioner or your provincial Privacy Commissioner, as applicable.

Questions and Complaints

If you have a question or concern about any collection, use or disclosure of Private Information by the Corporation, or would like to request access to your own Private Information, please contact our Privacy Officer.

WEBSITE TERMS AND CONDITIONS OF USE OF BLOOM CULTIVATION

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use for www.ogencannabis.com constitute a legal agreement and are entered into by and between you (a “User”), Bloom Cultivation Ltd. and its affiliates and subsidiaries (each the “Corporation”, “we”, “us”, “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any Content (as defined below), functionality, and services (the “Services”) offered on or through https://bloomcultivation.com (the “Website”).

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT www.ogencannabis.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Corporation and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website

General

The Website and any content and data thereon, including without limitation, webpages, text software, and multimedia (the “Content”), is provided for general informational purposes only. The Content does not constitute any representation as to the efficacy of any of our products referenced or that may be offered on the Website from time to time (the “Products”). No Content on this site provides or is intended to replace professional medical advice. Always consult a physician or other qualified health care professional with any questions or concerns you may have about any illness, condition, or the suitability or effectiveness of any particular course of treatment. DO NOT disregard any professional medical advice in favour of any Content on this Website. In the event of a medical emergency, call your doctor or 911 immediately.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CORPORATION IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.

Eligibility

This Website and the Services are intended only for use by residents of Canada. If you are not normally a resident of Canada you are prohibited from using this Website and its Services.

The Website may offer Services for which registration of an account is required from time to time. By registering an account on the Website (an “Account”) and using the Services, you represent and warrant:

  1. that you are ordinarily a resident in Canada;
  2. that you are not aware of any reason why your use of the Services would violate any applicable laws, including any applicable federal, provincial or local law as may be appropriate in the context, including the Cannabis Act (Canada) and any regulations thereunder, consumer protection legislation, privacy legislation, statutory laws and regulations, common law, the law of equity and any other laws that may be applicable (collectively, the “Applicable Laws”).

The Corporation reserves the right to confirm compliance with any or all of the foregoing representations and warranties at any time before, during or after Account registration and use of the Services.

Accuracy of Site Content

The Corporation provides all Content on an “as is” basis. Although the Corporation believes the materials posted on the Website to be correct at the time they are posted, the Corporation: (i) does not warrant the accuracy, completeness or currency of same at all times; and (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the materials the Corporation posts on this Website.

We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the materials posted on the Website at any time, without prior notice to you (including after an order has been placed by you).

THE SOURCES OF SUCH INFORMATION MAY NOT BE DOCTORS OR MEDICAL PROFESSIONALS. THE INFORMATION PROVIDED IS NOT MEDICAL ADVICE AND IS NOT A GUARANTEE OF A PARTICULAR EFFECT.

Your Use of the Website and Account Set-Up and Security

Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any performance issues relating to accessing the Website or security breaches through their internet connection. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy www.ogencannabis.com/privacy-policy.

Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your Account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation:

  1. accessing content and data that is not intended for you;
  2. attempting to breach or breaching the security and/or authentication measures which are not authorized;
  3. restrict disrupt or disable service to users, hosts, servers or networks;
  4. illicitly reproducing TCP/IP packet header;
  5. disrupting network services and otherwise disrupting the Corporation’s ability to monitor the Website;
  6. use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  7. introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  8. attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing;
  9. otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Corporation, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Corporation name, the Corporation logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Corporation or its licensors. You must not use such marks without the prior written permission of the Corporation. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
  3. in the event social media features are provided with respect to certain content are on our site, you may take such actions as our site permits for such features.

Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Corporation. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards (the “Site Content Standards”) apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all Applicable Laws.

Without limiting the foregoing you warrant and agree that your use of the Website and any User Submissions shall not:

in any manner violate any Applicable Laws including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy www.ogencannabis.com/privacy-policy

  1. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
  2. involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information;
  3. involve, provide or contribute any false, inaccurate or misleading information;
  4. include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions;
  5. impersonate or attempt to impersonate the Corporation, a Corporation employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
  6. transmit, or procure the sending of, any advertisements or, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  7. include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Corporation or users of the Website or expose them to liability;
  8. include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  9. include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  10. give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

User Submissions: Grant of License

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Corporation. By providing any User Submission to the Website, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your Account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Corporation, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Site Monitoring and Enforcement, Suspension and Termination

The Corporation has the right, without provision of notice to:

  1. remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion;
  2. at all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Website and User Submissions and Site Content Standards or Terms and Conditions;
  3. take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website;
  4. terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE CORPORATION, ITS LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CORPORATION AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE CORPORATION OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Corporation has no responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by the Corporation, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Corporation. The Corporation is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

Privacy

Any user information and User Submissions will be deemed our property and your submissions and use of our site constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy www.ogencannabis.com/privacy-policy, as we deem necessary for use of the Website and provision of Services.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

Third Party Websites

For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.

Such links to third party sites from the Website, may include links to certain social media features that enable you to link or transmit on your own or using certain third party websites, certain limited content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these terms and conditions of use, as well as the User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Geographic Restrictions

The owner of the Website is based in the Province of Alberta in Canada. We provide this Website for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE CORPORATION NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE CORPORATION NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

UNDER NO CIRCUMSTANCE WILL THE CORPORATION NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by Applicable Laws, you agree to defend, indemnify, and hold harmless the Corporation and its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third party sites, any use of the Website’s Content, Services and Products other than as expressly authorized in these Terms and Conditions.

Governing Law and Jurisdiction

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Alberta or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Corporation regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This Website is operated by Bloom Cultivation Ltd.

Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Corporation at contact@ogencannabis.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@ogencannabis.com.

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