This website is owned and operated by Auxly Cannabis Group Inc. (“Auxly”), a company incorporated under the laws of British Columbia with an address at 777 Richmond St. W., Unit 002, Toronto, Ontario, M6J 0C2. Foray is a brand under the Auxly family of brands. Auxly and Foray will be referred to collectively below as “Foray”, “we” and “us”.
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
1. Use of This Website
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 and are legally capable of entering into a binding contract.
You acknowledge and agree that access to and use of this Website and the Services 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.
You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.
You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree not to transfer your right to use or access this Website or the Services via your username or password to any third person.
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 may not use the account, username, or password of anyone else at any time. 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.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
This Website may allow you to purchase Products from time to time. We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations under: (i) the federal Cannabis Act (the “Act”); and (ii) any other applicable legislation.
Should you choose to purchase a Product (if any when available), please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and are not offers to sell. A properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. An order for a Product will be deemed to be accepted only if and when we send an order confirmation to your email address. That confirmation constitutes our acceptance of your order.
Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: (i) limitations on the quantities of any Products available for purchase; (ii) inaccuracies or errors in Product or pricing information; (iii) Product restrictions mandated by local, provincial, national or international regulations; and (iv) 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 cancelled or if additional information is required to accept your order. If your order is cancelled 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.
Subject to applicable laws, we may amend this Website, and the Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.
Any prices displayed on this Website are quoted in Canadian dollars.
Product prices do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for same. Also note that the price of any Product on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are also responsible for the payment of same.
Where you elect to purchase any Products (if and when available), you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Products as more particularly set out in the order confirmation provided at the time that you ordered such Products. 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 endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
6. Personal Use Only
Unless we expressly consent otherwise in writing, this Website and the Services are only for personal use (and not for commercial purposes).
7. Code Of Conduct
- (i) use tools which hack or alter this Website or the Services, or that allow you to connect to this Website’s or the Services’ private binary interface or utilize any interfaces other than those provided by us to you;
- (ii) attempt to obtain a password or other private account information from any other user of this Website or the Services;
- (iii) create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with Foray;
- (iv) mirror or frame any part of this Website without Foray’s express prior written consent; or
- (v) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without Foray’s express prior written consent
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 CANNOT 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.
9. 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 you shall be solely responsible for all charges and fees related thereto.
10. Currency of Website
Foray updates the information on this Website and the Services periodically. However, Foray cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Services. Foray may revise, supplement or delete information, services and/or the resources contained in this Website and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.
11. 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 Foray monitors or endorses these websites. Foray 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.
12. Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services. Foray 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 THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
12. Our Materials
Foray may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Foray Materials”). If you download, access or use any Foray 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 Foray’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Foray does not transfer the title or the intellectual property rights to the Foray Materials to you, and retains full and complete title to the Foray Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Foray Materials. You further agree not to decompile, reverse-engineer, or disassemble any Foray Materials. Foray or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Website (including its organization and presentation and Foray Materials) is the property of Foray and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
14. Your Comments
Feel free to e-mail or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Foray and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are not confidential; (iii) Foray 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.
15. Website, Services and Materials Provided "As Is"
THIS WEBSITE, THE PRODUCTS, THE SERVICES 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, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR GREATER CERTAINTY, THE FORAY MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING DIFFERENT STRAINS OF MEDICAL CANNABIS AND THEIR POTENTIAL SUITABILITY FOR TREATING DIFFERENT DIAGNOSES, ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND.
16. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE FORAY MATERIALS.
17. Class Action Waiver
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 SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
As above, we reserve the right to suspend your Account and/or your access to this Website and/or the Services immediately, with or without notice to you, and without liability to you, if Foray, in its sole discretion, believes that:
- (ii) any information provided by you is untrue, inaccurate, not current or incomplete;
- (iii) you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Foray.
These suspensions will be for such periods of time as Foray may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
20. Term & Termination
This Website and the Services are solely directed to individuals residing in Canada. We make no representation that materials on this Website or the Services 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.