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This website is owned and operated by Auxly Charlottetown Inc. (“Auxly”), a company incorporated under the Federal laws of Canada with an address at 11 Regis Duffy Drive Charlottetown, PEI, C1E 0K5. Auxly will be referred to collectively below as “we” and “us”.
You understand that aspects of this Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website in your jurisdiction.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence.
You acknowledge and agree that access to and use of this Website is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
Unless we expressly consent otherwise in writing, this Website is only for personal use (and not for commercial purposes).
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website.
WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THIS WEBSITE, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON.
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website, and you shall be solely responsible for all charges and fees related thereto.
Auxly updates the information on this Website periodically. However, Auxly cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. Auxly may revise, supplement or delete information, services and/or the resources contained in this Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
This Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Auxly monitors or endorses these websites. Auxly does not accept any responsibility for such websites. FORAY 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.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website. Auxly recommends that you install appropriate anti-virus or other protective software.
FORAY 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 YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
Auxly may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Auxly Materials”). If you download, access or use any Auxly Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Auxly’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Auxly does not transfer the title or the intellectual property rights to the Auxly Materials to you, and retains full and complete title to the Auxly Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Auxly Materials. You further agree not to decompile, reverse-engineer, or disassemble any Auxly Materials. Auxly or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
Feel free to e-mail or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Auxly and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are not confidential; (iii) Auxly and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.
THIS WEBSITE AND THE FORAY MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, 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, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. FORAY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR GREATER CERTAINTY, THE FORAY MATERIALS ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE FORAY MATERIALS.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
As above, we reserve the right to suspend your access to this Website immediately, with or without notice to you, and without liability to you, if Auxly, in its sole discretion, believes that:
These suspensions will be for such periods of time as Auxly may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
This Website is solely directed to individuals residing in Canada. We make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Foray is a brand under the Auxly Cannabis Group Inc. (“Auxly”) family of brands. Auxly is a company incorporated under the laws of Ontario with an address at 777 Richmond St. W., Unit 002, Toronto, Ontario, M6J 0C2. Auxly and Foray will be referred to collectively below as “Foray”, “we” and “us”.
We collect and maintain different types of personal information in respect of the individuals with whom we interact. This may include, for example, your contact and identification information, such as your name, address, telephone number and e-mail address.
We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning.
Foray is a cannabis product brand. As such, Foray may also collect personal information from individuals participating in and / or impacted by cannabis related activities.
As a general rule, Foray collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied from your actions).
From time to time, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.
Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.
We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and the country in which you are located. We may use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our other business purposes, such as: (i) customizing certain content that we think you might like based on your usage patterns; (ii) improving our products and services; and (iii) upgrading our website.
In connection with the foregoing, we may place a "cookie" on the hard drive of your computer to track your visit. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to our website so that we can understand your use of our website and tailor our website to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive.
In addition, we collect the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by:
Our website may contain links to other websites that may be subject to less stringent privacy standards. If you click on a link to such a third party website, a third party may also place a cookie on your hard drive. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. Foray is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.
Foray collects personal information to enable us to manage, maintain, and develop our operations, including for example:
We may use and disclose your personal information:
We may also use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
We may share your personal information with our employees, contractors, consultants, affiliates, and other parties who require such information to assist us with managing our relationship with you, including: (i) third parties that provide services to us; (ii) third parties that assist Foray in the provision of services to you; and (iii) third parties whose services we use to conduct our business.
For example, we may share your personal information from time to time with our third party information technology, data processing and payment processing service providers so that we may operate our business. As a result, your personal information may be collected, used, processed, stored or disclosed in the United States. As such, your personal information may potentially be accessible to law enforcement and national security authorities of that jurisdiction.
Finally, your personal information may be disclosed:
It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.
As we have described above, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer. In certain circumstances, the withdrawal of consent may render us unable to continue to provide products or services where the collection, use or disclosure of your personal information is necessary to provide the product or service.
Foray endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. Unfortunately, we cannot guarantee complete security: for example, (i) unauthorized access, use, or disclosure, (ii) hardware or software failure, and (iii) other events, may compromise the security of your personal information at any time.
The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of, or unauthorized access to or disclosure of, personal information that is in our custody or control.
It is important that the information contained in our records is both accurate and current. If your personal information changes during the course of our relationship, please keep us informed of such changes.
In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.
When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, your personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.