Terms & Conditions
Terms & Conditions
MINORS ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES. BY ACCESSING OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR CURRENT JURISDICTION.
In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms
- to verify your eligibility to create and to maintain your Account;
- to ensure that your Account, including your username, is unique;
- to enable us to provide certain security and privacy safeguards;
- to deal with security, debugging and technical support issues;
- for billing and payment-related issues;
- to protect ourselves and others from abuse; and
- to comply with law.
accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services and, in our sole discretion, to report you to the appropriate authorities. We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
You must not choose a username that infringes the rights of any third party, impersonates any Earth Kisses Sky employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone to use same. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
4. PURCHASING PRODUCTS
We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations under, for example: (i) the federal Access to Cannabis for Medical Purposes Regulations; (ii) the federal Cannabis Act; and (iii) any other applicable legislation. The prices displayed on this Website are quoted in Canadian dollars, and are subject to change. Please note that advertisements on this Website are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order.
Also note that the price of any Products on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are responsible for the payment of same.
If you wish to purchase any Products, you must provide us with a valid Visa ® , MasterCard ® , or American Express ® card number. By submitting this information to us, you give Earth Kisses Sky permission to charge your order to the card that you designate. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.
Please refer to our Shipping Policy and our Return Policy. Some situations may result in your order being cancelled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Although we do our best to provide you with the most accurate Product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Website.
5. PERSONAL USE ONLY
This Website and the Services are only for personal use. You may not use this Website or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
6. CODE OF CONDUCT
While using this Website or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.
While we endeavour to keep downtime to a minimum, we can't promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.
8. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Website and the Services and that you shall be solely responsible for all charges and fee related thereto.
9. CURRENCY OF WEBSITE
10. LINKED WEBSITES
This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Earth Kisses Sky monitors or endorses these websites. Earth Kisses Sky does not accept any responsibility for such websites. Earth Kisses Sky shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
11. INTERNET SOFTWARE OR COMPUTER VIRUSES
Earth Kisses Sky shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or the Services or other content from this Website. Earth Kisses Sky recommends that you install appropriate anti-virus or other protective software.
YOU MAY NOT PURCHASE ANY PRODUCTS TO THE EXTENT THAT DOING SO IS UNLAWFUL IN THE JURISDICTION IN WHICH YOU RESIDE.
ALL INFORMATION CONTAINED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD ANY SUCH INFORMATION BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF PREGNANT, NURSING OR DIAGNOSED WITH EPILEPSY, A HEART CONDITION,
ALLERGIES OR OTHER MEDICAL CONDITION, SEEK THE ADVICE AND ASSISTANCE OF A PHYSICIAN OR TRAINED HEALTH PROFESSIONAL BEFORE USING ANY PRODUCT. IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTH CARE PROVIDER.
NEITHER EARTH KISSES SKY NOR THE MANUFACTURERS OF ANY PRODUCTS, OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS, OF ANY PRODUCT SHALL BE HELD RESPONSIBLE FOR THE MISUSE OF ANY PRODUCT. YOU (AS THE PURCHASER AND/OR USER OF A PRODUCT) ARE RESPONSIBLE FOR: (I) THE OWN USE OF ANY PRODUCT PURCHASE BY YOU ON THIS WEBSITE; AND (II) ENSURING THAT YOUR USE OF ANY SUCH PRODUCT COMPLIES WITH ALL APPLICABLE LAWS.
13. WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED “AS IS”
THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PUBLISHED THEREON), THE SERVICES AND THE PRODUCTS ARE PROVIDED ON AN "AS IS", "WHERE IS" BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EARTH KISSES SKY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
14. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE SERVICES, AND THE PRODUCTS.
UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
16. TERM & TERMINATION
You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Earth Kisses Sky shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.
17. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback ("Comments") to Earth Kisses Sky at the e-mail address provided on this Website. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Earth Kisses Sky is not liable for any damages related to communications to or from this Website or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Earth Kisses Sky has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Earth Kisses Sky may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such
Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful and do not violate the legal rights of others.
Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against Earth Kisses Sky relating to any Claim; (ii) opt out of any class proceedings against Earth Kisses Sky; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, Earth Kisses Sky reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.