Yukon Liquor Corporation (“YLC”) Website Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the websites operated by Yukon Liquor Corporation (the "YLC Websites"), including http://www.cannabisyukon.co website. The Cannabis Yukon online store is owned and operated by Yukon Liquor Corporation.

YLC reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the YLC Websites, and you are advised to review the YLC Websites regularly for any changes. These Terms and Conditions of Use were last updated on August 31, 2018. In any event, you agree that by accessing and using a YLC Website you are bound by these terms and conditions as may be changed from time to time.

AGE

You must be at least 19 years of age to enter this site. It is illegal for a person younger than 19 years of age to purchase or attempt to purchase, or possess non-medical cannabis in Yukon. Products will only be shipped to a Yukon address and can only be received by a person 19 years and older with presentation of valid ID on delivery.

COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY 

The materials (the "Materials") contained in the YLC Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, YLC and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of YLC. \

TRADE-MARKS

Certain names, words, phrases, logos, marks and designs that appear on YLC Websites (including "YLC", "YUKON CANNABIS", “YUKON CANNABIS STORE”, “Cannabis Yukon” and related words and logos) are official marks, trademarks or trade names of YLC in Canada. YLC is also the owner in Canada of additional official marks, trademarks and trade names, registered and unregistered. Nothing in this Agreement or on a YLC Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any of the marks or names or any other intellectual property right of YLC. The names of other companies, products and services referred to on a YLC Website may be trademarks or trade names of their respective owners. Any use of the trademarks or trade names of YLC or of the trademarks of other companies, products or services without the prior written consent of the applicable party is strictly prohibited.

COMPLIANCE WITH LAWS

In addition to complying with these Terms and Conditions of Use, you agree to use the YLC Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of a YLC Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the YLC Websites illegal, are not authorized to use the YLC Websites.

USE AND RESTRICTIONS

You are only permitted to use a YLC Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from a YLC Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

• take any action that imposes or may impose (as determined in YLC’s sole discretion) an unreasonable or disproportionately large load on the YLC’s infrastructure;
• interfere or attempt to interfere with the proper working of aYLC Website, or any activities conducted on or with a YLC Website;
• bypass any measures YLC may use to prevent or restrict access to the YLC Websites.

ACCURACY OF INFORMATION

While every effort is made to ensure the accuracy of the information on the YLC Websites, no warranty of accuracy or completeness is expressed or implied. YLC reserves the right to correct errors and to change or update information at any time without notice.

OUTBOUND LINKING

Any link (including hyperlinks, buttons or referral devices of any kind) used on a YLC Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on a YLC Website does not constitute an endorsement, recommendation or certification by YLC, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with YLC.

INBOUND LINKING

YLC generally does not object to links to the YLC Websites from third party sites. However, there are certain conditions that must be followed: Unless YLC enters into a specific written agreement with you, you may not use any of YLC’s names, logos, designs, slogans, or marks in or with your links, except that you may link to a YLC Website using the plain text names: YUKON LIQUOR CORPORATION, YLC, YUKON CANNABIS or CANNABIS YUKON.

Do not present the link to a YLC Website in any way that suggests YLC has any relationship or affiliation with your site or in any way that suggests YLC endorses, sponsors or recommends the information, products or services on your site. Use of any of YLC's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without YLC's written permission for a particular use is strictly prohibited.

Use of any of YLC's names, logos, designs, slogans, or marks, or any other words or codes identifying a YLC Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without YLC's written permission for a particular use, is strictly prohibited.

YLC is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for a YLC Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.

The link to a YLC Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that could, as determined in the sole discretion of YLC, adversely affect YLC's name, reputation or goodwill.

The linking of your web site to a YLC Website indicates your agreement to the foregoing terms and conditions.

INDEMNITY

You agree to indemnify, defend and hold YLC harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:

a. your infringement of any YLC or third party official mark, trademark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of a YLC Website;

b. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to a YLC Website; (ii) use of a YLC Website for any illegal purpose; or (iii) use of a YLC Website to achieve any unauthorized or prohibited access to computer systems and data;

c. your use of a YLC Website; and

d. your breach of any of these Terms of Use, YLC’s Customer Privacy Policy or any rule, regulation, guideline or policy of YLC as may be established and changed from time to time and posted on the Website.

DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT:

A. USE OF A YLC WEBSITE IS AT YOUR SOLE RISK. THE YLC WEBSITES ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. YLC DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE YLC WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES YLC MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A YLC WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON A YLC WEBSITE. YLC WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.

B. THE DOWNLOADING OF MATERIALS FROM A YLC WEBSITE IS DONE AT YOUR OWN RISK. YLC DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF A YLC WEBSITE.

LIMITATIONS

IN NO EVENT SHALL YLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR 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 OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THESE TERMS AND CONDITIONS, THE USE OF A YLC WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM A YLC WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH A YLC WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF YLC ARISING OUT OF OR RELATED TO THIS AGREEMENT, THESE TERMS AND CONDITION OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

PRIVACY POLICY CONSENT AND DISCLOSURE 

YLC is committed to protecting the privacy and confidentiality of its customers' personal information. The YLC Customer Privacy Policy explains how YLC will ensure confidentiality and how it will collect, use, disclose and retain the personal information you furnish to YLC. 

Terms and Conditions of Sale for Purchases from CANNABISYUKON.ORG

THE TERMS AND CONDITIONS IN THIS SECTION APPLY TO ORDERS PLACED THROUGH CANNABISYUKON.ORG

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS") CAREFULLY BEFORE PLACING AN ONLINE ORDER.

These Terms and Conditions govern the sale by Yukon Liquor Corporation ("YLC") to you of products ("Products") through the YLC's website located at www.CannabisYukon.org (the "YLC Website"). YLC reserves the right to change these Terms and Conditions of Sale at any time without prior notice by posting changed Terms and Conditions of Sale on the www.CannabisYukon.org Website, and you are advised to review the CannabisYukon.org Website regularly for any changes. These Terms and Conditions of Sale were last updated on October 12, 2018. By placing an order through the CannabisYukon.org Website, you agree to be bound by the Terms and Conditions in effect at the time of such order.

AGE

As part of YLC’s commitment to safe and responsible consumption and in line with federal advertising restrictions, you must be at least 19 years of age to enter this site. It is illegal for a person younger than 19 years of age to purchase or attempt to purchase, or possess non-medical cannabis in Yukon. Products will only be shipped to a Yukon address and can only be received by a person 19 years and older with presentation of valid ID on delivery. All sales are final and conditional on the purchaser and recipient being 19 years and older.

THIRD PARTIES ACTING ON YLC'S BEHALF

Your personal information is provided by YLC to third parties in order to facilitate payment and delivery. YLC only transfers your personal information to third parties who have agreed to comply with privacy and security standards.

PAYMENT BY CREDIT CARD

Payment can be made by VISA or MasterCard. Please complete the credit card section at the checkout page in full. YLC uses a payment gateway provider’s server to act as the link between YLC and YLC’s bank. YLC does not store any credit card information on its systems.

By submitting your order, you represent that you are authorized to use the designated credit card and you authorize YLC to charge your order to that credit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit card. YLC reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed credit card transaction.

AVAILABILITY

Every effort has been made to stock adequate quantities of the goods offered on the CannabisYukon.org Website. Some of the goods, however, are available in relatively small quantities. Some items referred to on the CannabisYukon.org Website may be or become out of stock.

If the YLC is unable to fill an order for a Product ordered through the CannabisYukon.org Website you will be notified by email and we will only charge on your credit card for the Products that were fulfilled.

ORDER QUANTITIES

YLC reserves the right to limit order quantities. Minimum and maximum order quantities as well as order values will be set and changed from time to time.   YLC may reject an order if it appears you are attempting to circumvent an order limit.

PRICING

Prices quoted on the CannabisYukon.org Website are in Canadian dollars. Prices are subject to change without notice.

DELIVERY

Orders to a physical address will be delivered to any individual at that address who is over 19 years of age – see “AGE” above -  and who is not intoxicated at the time of delivery (a “designated individual”).  The purchaser irrevocably agrees to permit any such designated individual to accept delivery on their behalf.

Orders addressed to a PO box may be delivered to any individual (over 19 years of age – see “AGE” above -  who is not intoxicated at the time of delivery), who is registered with Canada Post as associated with that PO box. The purchaser irrevocably agrees to permit any such individual (a “designated individual”) to accept delivery on their behalf.

Delivery times may be affected by weather or order volumes. Orders must be paid in full before they are delivered to their destination.

You will be contacted by email once your order has shipped.

When you pick up Product, you must present a copy of your shipping confirmation (which will be emailed to you), and valid government issued photo ID, with proof of age. Products will only be released to a person 19 years of age or older, who is not intoxicated.

Canada Post will not leave Products unattended.

Title to Product passes from YLC to you when you pick up the Product from YLC or when the Product is received by you or a designated individual at the delivery address you indicated in your order, or when retrieved from the Canada Post Depot or outlets by you or a designated individual.

IMPORTANT: 

If you or the designated individual are not at the delivery address to receive your shipment Canada Post will keep Products at a postal outlet for fifteen (15) days before they are returned to YLC.  Once Products are returned to YLC, we may cancel your order. A refund will not be issued.

DELIVERY CHARGES

There is a fee delivery charge for each order for Products shipped to the delivery address you indicate in your order.

Products will only be shipped as a complete order. In the event YLC is unable to fulfill your complete order you will be refunded for your order.

Delivery charges are not refundable.

ERRORS

YLC attempts to ensure that the information on the CannabisYukon.org Website is accurate. However, no warranty of accuracy or completeness is expressed or implied. YLC expressly reserves the right to correct errors and to change or update information on the CannabisYukon.org Website at any time without notice. If a Product offered on the CannabisYukon.org Website is not as described, your only remedy is to return it for a refund. In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, YLC reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you. All refunds are subject to the terms of “REFUNDS” set out directly below.

REFUNDS

The Cannabis Yukon online store will ONLY accept returns or issue refunds if:

• YLC is notified of product issues within 30 days of purchase.
• Return is accompanied by the original receipt.
• Your order does not arrive.
• Your order arrives damaged or the packaging has been tampered with.
• You received a product you did not order or the order is incomplete.

The purchase price will be refunded in the applicable tender and means used for the purchase purchases returned as cash, credit card purchases returned to original credit card, all mobile or near field purchases will be returned to credit card of origin.) Please note that delivery charges are non-refundable.

All product returns require the purchaser’s name, address and telephone number and the purchaser’s signature to acknowledge receipt of the refund. Customers returning product must also show valid, government-issued photo ID to verify their identity. If a customer does not provide this information, the return will not be processed (see "Privacy Policy and Security Statement” section below). 

Refunds will not be provided for returns without a receipt.
 

GOVERNING LAW

These Terms and Conditions and each purchase of Products through the CannabisYukon.org Website are governed by, and shall be construed in accordance with, the laws of Yukon and Canada.

FORCE MAJEURE

YLC shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

DISCLAIMER AND LIMITATION OF LIABILITY

Except as expressly set out in these Terms and Conditions, there are no warranties, representations or other agreements regarding the Products ordered through the CannabisYukon.org Website. All deliveries and pick-up by a designated individual are deemed to have been received by the Purchaser.  To the extent permitted by law, YLC shall not be liable to you for indirect, special, consequential, incidental or punitive damages (including, without limitation, damages for or in relation to lateness in delivery, loss of revenue or profits, or the cost of substitute goods), arising directly or indirectly from any breach of contract (fundamental or otherwise) or from any warranties contained herein, or from any acts or omissions that may give rise to legal liability (whether in tort, including for negligence, strict liability or under any other theory of legal liability), regardless of whether or not such damages were foreseeable. In no event shall the liability of YLC arising out of or related to any order exceed the total amount paid by you for the Product.

DISCONTINUANCE

YLC may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.

PRIVACY POLICY & SECURITY STATEMENT

YLC is committed to protecting the privacy and confidentiality of its customers' personal information. Please review the YLC Customer Privacy Policy.