Please note: Section 13 of these Terms govern disputes between us and include an arbitration clause and class action waiver requiring you and Canndr® to resolve all disputes individually through final and binding arbitration. We recommend reading these Terms carefully before proceeding.
Certain areas of the websites and services may have additional terms, conditions, policies, rules, and guidelines which govern your use of such websites and services. These are referred to as "Additional Terms." The Additional Terms will be posted via a link on the applicable website or service and are subject to change from time to time. In case of a conflict between these Terms and the Additional Terms for a specific website or service, the Additional Terms shall govern and take precedence over these Terms with respect to your use of that website or service.
Changes to the Terms, Additional Terms, and Privacy Statement
Canndr® may make changes to these agreements from time to time. When material changes are made, Canndr® will use reasonable efforts to notify you. Continued use of the Websites or Services following such changes shall indicate your acceptance of the new terms.
The Websites and Services are intended solely for individuals who are at least 18 years old. Minors or suspended members or users may not access or use the Websites or Services. If you are using the Websites or Services on behalf of a business, you represent that you have the authority to bind the business to these agreements and agree to hold harmless and indemnify Canndr® and its affiliates, officers, agents, and employees from any claim arising from or related to the use of the Websites or Services.
By accessing or using the Canndr® platform, UK businesses consent to receiving electronic communications from us. We may communicate with you via email, text, in-app push notices, or by posting messages on the platform. You agree that all contracts, notices, agreements, disclosures, and other communications provided to you electronically satisfy any legal requirement for written communication.
Disclaimers and Acknowledgments
Canndr® is a Technology Platform
You expressly agree and acknowledge that Canndr® (i) is a technology platform; (ii) is not a cannabis retailer, cultivator, or brand; (iii) does not itself, through its Canndr® Orders service (as defined below), its Canndr® Store service (as defined below), or otherwise, provide delivery of any cannabis or process payments for cannabis; and (iv) does not itself cultivate, manufacture, package, label, test, or sell cannabis. The third-party retailers and brands who list their cannabis-related or non-cannabis-related services or businesses on the platform (“Retailers”) are solely responsible for ensuring that their products or services are offered in a safe, legal, and compliant manner. Canndr® has no responsibility or liability for any products or services offered by any Retailer. Nor does Canndr® have any responsibility or liability for any reviews or statements posted on the platform regarding any products or services offered by any Retailer.
Acknowledgment of U.K. Law
Canndr® operates under applicable U.K. laws. You expressly acknowledge and understand that cannabis is classified as a Class B drug under the Misuse of Drugs Act 1971. Under U.K. laws, production, supply, and possession of cannabis is illegal, and individuals are subject to arrest and/or prosecution for doing so. Without limiting the generality of the foregoing, you further acknowledge that cannabis and THC consumption in the UK is limited to valid prescription holders only and is not currently legal or decriminalized for recreational purposes in the UK.
Acknowledgment of Local Law
You expressly acknowledge, understand, and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis may be illegal in your local area, unless all participants are acting completely within the scope of the applicable laws.
You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available on the Websites have not been evaluated by the Medicines and Healthcare products Regulatory Agency (MHRA). Neither the products nor the ingredients in any of the products have been approved or endorsed by the MHRA or any other regulatory agency. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any products seen on the Websites or through the Services.
1. User Accounts
User Registration and Accounts
In order to access or use some of the Websites or Services, you must first register and create an individual account for yourself or a business for such Website or Service (each a “User Account”).
By creating a User Account, you agree that:
1) You are at least eighteen (18) years of age, as applicable and able to form a legally binding contract;
2) You have not previously been suspended from using our Website or Services or, if you have previously been suspended, it was a temporary suspension that has now expired;
3) You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person; (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (e) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
4) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and will maintain and update it continuously and promptly to keep it accurate, current, and complete;
5) You will not post libelous content or create false or misleading reviews or posts;
6) You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity;
7) You will not sell, transfer, assign, or provide a copy of, your account, account rights, user ID, password, API keys, menu embed code, or other credentials or access rights (the “Protected Information”) for any of the Websites or Services to any other person or entity. You must keep all your Protected Information in strict confidence. You are solely responsible for doing so and for restricting access to your account so that others may not access any password-protected portion of the Websites or Services using your Protected Information;
8) You will immediately notify us of any unauthorized use of your Protected Information, or any other breach of security;
9) You will not share or allow any third party to utilize your account on your behalf or on a time share basis;
10) You will not create more than one account unless specifically authorized to do so;
11) You will not use Protected Information of others;
12) You will not manipulate the price of any item or interfere with any other user’s listings, reviews, and products;
13) You will not take any action that may undermine the feedback or ratings systems of the Websites or Services;
14) You will not interfere with or disrupt any Website processes, servers, or networks supporting the Websites;
15) You will not use any robot, spider, scraper, survey, monitor, or other automated or similar means to access any web page or other asset contained in the Websites, Services, or Website Content (as defined below) for any purpose;
16) You will not bypass our robot exclusion headers, interfere with the working of our Services, features, or tools, or impose an unreasonable or disproportionately large load on our infrastructure;
17) You will not export or re-export any Canndr® application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
18) You will not export any Website Content out of the jurisdiction in which it is intended or displayed;
19) You will not access the Websites or Services in order to build a similar or competitive Website or Service;
20) You will not circumvent any technical measures we use to provide Services; and
21) You will not assist any third party with any prohibited conduct above.
Your User Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent, in which case Additional Terms will apply.
User Accounts may only be set up by an authorized representative of the individual or business that is the subject of the User Account. If you believe that a User Account listed on any of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to firstname.lastname@example.org. Canndr® does not, however, review each User Account to determine if it was created by an appropriate party. In addition, Canndr® is not responsible for any unauthorized User Accounts that may appear on the Services.
We may offer you the ability to set preferences relating to your User Account, but changes to your settings may not become effective immediately or may contain errors, and options may change from time-to-time. Canndr® assumes no responsibility or liability for any issues, problems, or Content (as defined below) on your User Account.
Canndr®’ Right to Terminate Your Account and Pursue Violations
Termination of your User Account will: (i) deny you access to our Services; (ii) delay or remove User Content that you submitted or commented on; (iii) remove any special status associated with your account(s); and (iv) remove and demote your listings. We may take technical and/or legal steps to prevent you from using our Websites and Services in the future. Canndr® has the right to fully investigate and prosecute violations of any of the above of the law.
2. Licensing and Intellectual Property
For the purpose of these Terms: (i) "Content" refers to all forms of data, communication, or media, including but not limited to text, images, photos, audio, video, graphics, reviews, location data, and other similar materials; (ii) "User Content" refers to Content that users submit or transmit to or through the Canndr® Websites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts, comments, and information publicly displayed in their User Account, including any electronic data or information related to their customers; (iii) "Canndr® Content" refers to Content that is created or owned by Canndr® or licensed to Canndr® that is made available in connection with the Websites or Services; (iv) "Third Party Content" refers to Content that originates from parties other than Canndr® or users of the Websites or Services, which is made available in connection with the Websites or Services and not owned by Canndr®; and (v) "Website Content" refers to all Content made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material, as defined below), and Canndr® Content.
By submitting User Content, you affirm, warrant, and guarantee that:
1) You possess, or have obtained the necessary licenses, rights, consents, and/or permissions to utilize and authorize the use of your User Content;
2) You are entirely responsible for any material you submit to Canndr®'s Websites, Apps or Services and acknowledge that Canndr® is not obligated to publish or maintain any material you provide;
3) The creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your User Content does not and will not infringe on any proprietary rights or cause harm to any other individual or entity, including any person or entity using the Websites, Services, or otherwise, and that Canndr® has no obligation to publish any User Content you provide, and reserves the right to post our own versions of your User Content as Canndr® Content at our discretion;
5) You will not publish, transmit, broadcast, or otherwise make available any User Content that is illegal, deceptive, harmful, bigoted, discriminatory, offensive, profane, insensitive, obscene, lewd, lascivious, filthy, violent, tortious, libelous, slanderous, pornographic, threatening, abusive, harassing, tortious, defamatory, insulting, deceptive, vulgar, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable (hereinafter, "Offensive Content");
6) You will not upload, post, transmit, broadcast, sell, transfer, or otherwise make available any User Content or Website Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7) You will not distribute, promote, advertise, or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes, or any related content;
8) You will not impair or harm any of our computer or related systems or transmit software viruses, worms, Trojan horses, malicious code, spyware, malware, or other computer code or damaging files;
9) You are of legal age, being no less than eighteen (18) years old as applicable), and acknowledge that individuals under legal age may not submit User Content to Canndr®, the Websites, Apps or the Services; and
10) Canndr® may, at its sole discretion, monitor and remove the User Content you submit and any other communications that you may have, but is not obliged to do so.
Disclaimer Concerning User Content
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content: (i) contains false, intentionally misleading, or defamatory material; (ii) infringes upon any third-party rights, including but not limited to copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains offensive and/or unlawful material, including but not limited to illegal hate speech or pornography; (iv) exploits or causes harm to minors in any way; or (v) violates or advocates the violation of any law or regulation.
Similarly, by using the Canndr® Websites and Services, you acknowledge that you may encounter User Content that, for example: (i) contains false, intentionally misleading, or defamatory material; (ii) infringes upon any third-party rights, including but not limited to copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains offensive and/or unlawful material, including but not limited to illegal hate speech or pornography; (iv) exploits or causes harm to minors in any way; or (v) violates or advocates the violation of any law or regulation.
Canndr® does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. By using the Website and Services, you understand and agree that Canndr® is not the creator or developer of any information provided by other users, including User Content, and Canndr® is not liable for any information provided by other users, including User Content.
Limited License Granted by Canndr®
License Granted by You
As between you and Canndr®, you maintain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Canndr® Websites or Services. However, by submitting your User Content, you hereby grant Canndr® and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, and transferable rights and licenses:
1) To host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode your User Content to media formats, standards, or mediums in any and all forms and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
2) To use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, commercialize, publicize, display, modify, adapt, edit, excerpt, communicate, translate, analyze, remove, prepare derivative works and compilations of, compress, transmit, integrate, insert, market, and promote your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
3) To use your User Content, in whole or in part, for advertising, promotional, or commercial purposes, including, without limitation, the right to publicly display, reproduce, and distribute your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
4) To grant any rights or licenses to any third parties to do any of the foregoing in the above clauses (1) – (3) in connection with their own websites and media platforms; and
5) To enforce copyright, trademark, trade secret, and other intellectual property related claims against third parties that have, without receiving proper authorization, scraped, manipulated, copied, derived, distributed, or otherwise improperly or illegally used and benefited from User Content that has been provided to Canndr® by you.
You irrevocably waive, and cause to be waived, against Canndr® and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
You hereby grant Canndr® the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our application programming interfaces by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of Canndr® or for any purpose relating to the Canndr® Websites or Services, including in connection with displaying any data, images, or information on the Canndr® Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by Canndr® shall be owned exclusively by us.
Canndr®’s Ownership of Canndr® Content
We own the Canndr® Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings, and all other elements and components of the Websites, but excluding User Content and Third-Party Material (as defined below). We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Canndr® Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark, and all other applicable intellectual property and proprietary rights and laws. For the avoidance of doubt, the IP Rights owned by Canndr® includes all metadata or compilation data generated from the Websites or Services (including using or derived from user inputs to the Websites or Services, pricing, sales and inventory data, or User Content) (the “Canndr® Metadata”) As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Canndr® Content, Websites or Services, or any of the IP Rights of Canndr®, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights relating to the Canndr® Content, the Websites, and the Services, and all such rights are retained by us.
Canndr® may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.
The Canndr® Website or Services might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Canndr® is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Canndr® does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk. When you link to Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
Some portions of the Websites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
The Websites or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Third-Party Offers”). Canndr® displays these Third-Party Offers on the Websites and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Third-Party Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Websites or Services. The Offeror, and not Canndr®, is solely responsible for: (i) redemption of the Third-Party Offer; (ii) compliance of all aspects of the Third-Party Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (iii) all goods and services it provides to you in connection with the Third-Party Offer; and (iv) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether or not related to the use or redemption of a Third-Party Offer.
3. Copyright Infringement
It is Canndr®’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to, and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
Canndr® will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following Notice of Alleged Infringement and delivering it to Canndr® in accordance with the and these Terms. Upon receipt of a properly completed and delivered Notice of Alleged Infringement, Canndr® will take whatever action it deems appropriate in its sole discretion, but subject to its legal obligations such as removal of the challenged material from the Websites or Services.
Notice of Alleged Infringement (“Notice”)
1) Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—provide a comprehensive list of the copyrighted works that you claim have been infringed.
2) Identify the material that you claim is infringing (i.e., the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.
3) Provide your mailing address, telephone number, and, if available, email address.
4) Include both of the following statements in the body of the Notice: a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” b. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5) Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all above items completed, to Canndr® LTD: 128 City Road, London, United Kingdom, EC1V 2NX, email: email@example.com..
Please note that any misrepresentation of material fact (falsities) in a Notice may subject the complaining party to liability for any damages, costs, and attorney’s fees incurred by Canndr® in connection with the Notice and allegation of copyright infringement.
4. Review/Feedback Policy
Note: This paragraph can be used in the UK with the appropriate modifications to comply with local laws and regulations.
5. Indemnification and Release
If there is a dispute between users of the Websites or Services, including between Consumers and Retailers, you understand and agree that Canndr® and its affiliates are under no obligation to become involved in such a dispute.
Canndr® will use reasonable efforts to notify you of any such claim for which Canndr® seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. Canndr® reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Canndr®.
You hereby release and forever discharge Canndr® (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Websites or Services or Third-Party Materials.
6. Dispute Resolution
THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND CANNDR® ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.
Overview of Dispute Resolution Process
Canndr® is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (i) an informal negotiation directly with Canndr®’s customer service team; and (ii) a binding arbitration administered by The London Court of International Arbitration (“LCIA”).
Agreement to Arbitrate
In the event we cannot resolve a dispute through direct informal discussions, you and Canndr® (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the use of the Websites and/or Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue.
Exceptions to Arbitration Agreement
The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or Canndr®'s right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.
Arbitration Rules and Governing Law
This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the LCIA in accordance with the LCIA Consumer Arbitration Rules and/or other LCIA arbitration rules determined to be applicable by the LCIA (the “LCIA Rules”) then in effect, except as modified here. The LCIA Rules are available at www.lcia.org or by calling the LCIA at +44 (0) 20 7936 6200.
The Parties acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes. Please note that this paragraph is written in reference to Canndr® and its use in the UK.
No Class Actions or Representative Proceedings
The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes. Unless the Parties both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Severability / No Waiver
Except as provided above with respect to the “class action lawsuit” or “class-wide arbitration” waivers, if any provision of the Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect. Please note that this paragraph is written in reference to Canndr® and its use in the UK.
Survival Past Termination
Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms.
7. Disclaimer of Warranties
You expressly acknowledge, understand, and agree that:
To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Websites and Services, is assumed by you and remains with you. THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS. Canndr® and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.
Canndr® and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: (a) the Websites and Services will satisfy your needs and requirements or will be compatible with your equipment; (b) the Websites and Services, and all affiliated websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; (c) the information, data, or results realized or obtained from your use of the Websites will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; (d) the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Websites and Services will meet your expectations; (e) that any offer made or message sent will be successfully transmitted, received, and processed; and (f) any errors in the guidelines, software, or protocols will be corrected or resolved.
Canndr® is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Websites and Services may be interfered with or delayed by numerous potential factors outside of Canndr®’s control.
Any product or program downloaded or otherwise obtained through the use of the Websites and Services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.
All content, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from Canndr® or from the Websites, Services, or relevant social media pages is intended for informational and educational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an attorney for legal advice regarding your individual situation and/or a doctor or other qualified health care provider if you have any questions about any medical conditions.
No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from Canndr® or from the Websites, Services, or relevant social media pages shall create any warranty, guarantee, or strategy not expressly stated in these Terms.
Canndr® cannot and does not control any User Content and, as such, does not guarantee the accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences from using or purchasing specific products discussed or sold on the Websites or Services.
8. Limitation Of Liability
You expressly acknowledge, understand, and agree that:
Canndr® and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Websites or Services, or any other event beyond Canndr®'s reasonable control.
Neither Canndr® nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors is a party to any transactions made between Retailers and Consumers. Neither Canndr® nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall be liable for any defaults, costs, the contents of any documents, or interactions between or among users, including users, listings, physicians, and all related parties.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Canndr®. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
9. Choice Of Law;
10. Entire Agreement
11. No Waiver
The failure of Canndr® to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Canndr®. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Canndr®.
13. Support Or Maintenance
You acknowledge and agree that Canndr® will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.
14. UK Export & Foreign Assets Control Regulations
We do not represent that the materials in the Websites or Services are appropriate or available for use in any particular location. Those who choose to access the Websites or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (i) located in or a national or resident of any country that is subject to UK trade sanctions or that has been designated by the UK government as a “terrorist supporting” country, or (ii) a person or entity on the UK Office of Financial Sanctions Implementation's Consolidated List of Sanctions Targets or acting on behalf of any person or entity on such list.
Except as otherwise provided in Section 13, if any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
16. No Right of Survivorship and Non-Transferability
You agree that your Canndr® account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
18. Contact Us
For questions about the Canndr® Websites or any of the Services we provide, please feel free to contact our Customer Service department at firstname.lastname@example.org or call +44 7460440420 to speak to a representative.
19. Additional Terms That May Apply to You
These Additional Terms apply if you also access or use our Canndr® Products or related services for any commercial or business purpose, including advertising, maintaining a business listing page, using our point-of-sale system or selling goods or services.