Website use terms

In these terms and conditions, “you” and “your” refer to a holder of a cannabis retail store licence issued by the General Manager under the Cannabis Control and Licensing Act, SBC 2018, c.29. On account of the issuance of the cannabis retail store licence, the Province (as defined below) will allow you to register an account to use ­­the ­www.bccannabiswholesale.com website (the “Website”).

The following terms and conditions (the “Terms”) govern your account and your use of the Website. You agree that the Province may, in its sole discretion, amend these Terms.  You can review the most current version of these Terms at any time on the Website.  By accessing and using your account and the Website you acknowledge that you have read and agree to be bound by these Terms (including without limitation any terms and conditions incorporated by reference or hyperlink) and to comply with all applicable laws and regulations.

These Terms are in addition to the purchase terms in the Private Retailer Purchase Terms and Conditions that apply to purchases you make through the Website.

The Website is owned and operated by Her Majesty the Queen, in right of the Province of British Columbia as represented by the Administrator of the Cannabis Distribution Act (the “Province”) and hosted by Shopify Inc.

Use of Content

Any and all information, material and content, including but not limited to text, forms, product descriptions, moving images, videos, photographs, images, graphic illustrations, sound, music, and any other material (the “Material”) on the Website are owned by the Province or licensed by the Province. and is protected by copyright law. 

Copyright© 2018, Province of British Columbia.  All rights reserved.

Material may not be reproduced, redistributed, copied, republished or sold in any form for commercial purposes whatsoever. 

Logos, designs, phrases, multimedia files, graphics, photographs, illustrations or words used on the Website may constitute trade names, trademarks, service marks or official marks of the Province or of other entities. The display of these marks on the Website does not imply that a license of any sort has been granted to you.

Account security

You will adhere to all security policies, standards or procedures issued by the Province in relation to your login and password, your account, or your use of the Website. 

You are solely responsible and liable for maintaining the security of your login and password and for any use or misuse of your account.  You will not: a) permit any third-party to use your login name or password; b) divulge, share or compromise your account password; c) use or attempt to use the login name of any other person; d) test or examine the security related to your account; e) take any action that might reasonably be construed as compromising, altering or rendering ineffective the Website; or f) decompile, disassemble or reverse engineer the Website. You are responsible for the activities of any employees or agents who use your account.

You must immediately notify the Province’s Cannabis Operations Customer Care Centre at the contact information below if your login name and password: a) are lost or stolen; b) have been used on an unauthorized basis; or c) have been compromised.

All login names and passwords remain the property of the Province and may be cancelled at any time by the Province without any notice or liability to you or any other person. The Province is not under any obligation to verify the actual identity or authority of the user of any login name or password.

Prohibited Uses

You are prohibited from using this Website from locations where the content or the Website is illegal.  You are solely responsible for determining whether your use of the Website is lawful in the jurisdiction that you are accessing the Website from and you must comply with all applicable laws in that jurisdiction.

You are prohibited from using the Website or its content: a) for any purpose that is prohibited by the Terms; b) for any unlawful purpose; c) for the purpose of violating international, federal, provincial laws or regulations d) for infringing upon or violating the Province’s intellectual property rights or the intellectual property rights of others; e) for uploading or transmitting viruses or any other types of malicious code; f) for collecting or tracking the personal information of others; g) to spam, phish, pharm, pretext, spider, crawl, or scrape any Website content, including product information; i) to interfere with or circumvent the security features of the Website, any related website, other websites, or the internet; or j) for using the Website that in any way could damage, disable, overburden or impair the Website, or interfere with anyone else’s use of it.

Providing links to the Website without the written permission of the Province is prohibited. Any such written permission may be revoked in the Province’s sole discretion without any liability to the Province.

Modification of the Terms and the Website

The Province reserves the right, in its sole discretion, to update, change or replace any Terms or any part of these Terms by posting updates and changes to the Website. The Terms posted on the Website at the time that you use the Website are the terms that apply to your use of your account and your use of the Website. It is your responsibility to review the Terms at the time of using the Website.

The Province reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Website, for any reason, with or without notice to you. You agree that the Province will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Errors and Omissions

The Province will endeavour to ensure that information on the Website is as accurate as possible, however the Province will not be held liable for inaccuracies or omissions, including without limitation those that relate to product descriptions, pricing, shipping charges, transit times and availability.  The Province reserves the right, at any time and without prior written notice (including after you have submitted your order), to correct any errors or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate.

Warranty Disclaimer

This Website and all of the information it contains are provided "as is" and “as available” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. Links and references to any other websites are provided for information only and shall not be taken as endorsement of any kind.

Limitation of Liability

Under no circumstances will the Province be liable to any person for any direct, indirect, special, incidental, consequential damages or for 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 to third parties, or other pecuniary losses whether based in contract, tort (including negligence), strict liability or otherwise, even if the Province has been specifically advised of the possibility of such damages.

Indemnity

You must indemnify and save harmless the Province and the Province’s employees and agents from any loss, claim (including any claim of infringement of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of the Province’s employees or agents may sustain, incur, suffer or be put to at any time (each a “Loss”) to the extent the Loss is directly or indirectly caused or contributed to by any act or omission, use of the Website or the content, violation of any law or any violation of the Terms, by you, your employees, or agents.

Third-party links

Certain content, products and services available via the Website may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with the Province. The Province is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Termination

The Province reserves the right to terminate your account access and access to the Website or its content at any time, for any reason whatsoever, without any notice to you and without any liability to you.

If your permission to access or use all or any part of the Website is terminated for any reason, in the Province’s sole discretion, including due to any suspension or revocation of your cannabis retail store license by the Liquor and Cannabis Regulation Branch, then the Terms and all other existing agreements in place between you and the Province at that time will continue to indefinitely apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising from your use of the Website.

Personal and Business Information

Your submission of personal and business information through the Website is governed by the Province’s Privacy Policy, available for review on the Website.

Governing Law

This Agreement is governed by and is to be construed in accordance with the laws of British Columbia.

Waiver

The Province’s failure to insist upon or enforce strict performance of any of these Terms will not be construed as a waiver of any such Term.

Severability

If any provision of these Terms or the application of it to any person or circumstance is invalid or unenforceable to any extent, the remainder of these Terms and the application of such provision to any other person or circumstance will not be affected or impaired and will be valid and enforceable to the extent permitted by law.

Dispute Resolution

All disputes arising out of or connection with your purchase, which cannot be resolved in discussions between you and the Province will be referred to and finally resolved by arbitration under the Arbitration Act.  The place of arbitration will be Vancouver, British Columbia, Canada.

Contact

You may contact the Province at:

Cannabis Operations Customer Care Centre:

1 (833) 420-2227

businesscustomercarecentre@bcldb.com

 

Miscellaneous

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.