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Terms and Conditions

This website (www.solacehealth.com) is owned and operated by Solace Health Inc. and is subject to the following Terms and Conditions of Use, as amended from time to time, as described below. This document was last updated on March 28, 2018.

The Terms and Conditions of Use are a legal agreement between Solace Health Inc. and every person who accesses and uses its website, including, but not limited to, website visitors, patients, merchants, and vendors (individually or collectively, hereafter a “User” or “Users”). By accessing and using this website Users agree to be bound by and comply with all of the following and accompanying Terms and Conditions of Use.

TERMS AND CONDITIONS OF USE

1.0 General

1.1 For the purpose of this website, references to Solace Health Inc. may also include its corporate affiliates, which include but are not limited to TerrAscend Corp. and Terra Health Network Inc.

1.2 Use of this website is subject to the following Terms and Conditions of Use, as may be amended from time to time (hereafter the “Terms”). The Terms are to be read in conjunction with other policies enforced by Solace Health Inc., including but not limited to the Privacy Policy, Social Media Policy, and, if applicable, the Patient Registration Terms and Conditions.

1.3 Use of this website and/or the content provided herein including, but not limited to, webpages, text, images, sounds, software, links, and other data or information contained in the website (hereafter the “Content”), is subject to the Terms. If a User does not agree to the Terms, they should please not continue to use the website.

1.4 To access and/or purchase product offered for sale on the website (hereafter the “Services”), a User must become a Registered Patient through the Patient Registration Process. Becoming a Registered Patient of Solace Health Inc. and accessing any accompanying Services requires agreement and consent to additional Patient Registration Terms and Conditions that will apply in conjunction with these Terms and Solace Health Inc.’s other applicable policies available on the website, including but not limited to the Privacy Policy and Social Media Policy.

1.5 The Services are only available to a Registered Patient through their individually registered Account. Sharing of an Account is not permitted.

2.0 Not Medical Advice

2.1 The Content of this website is not intended to be a substitution for professional medical advice, but is solely a source of general information. A User or Registered Patient should always seek the advice of a licensed physician or other qualified health practitioner when faced with questions, illnesses, or other conditions, including the suitability or effectiveness of treatments, including those involving marijuana and cannabis oil products.

2.2 Users and Registered Patients of this website understand and agree that Solace Health Inc. is not responsible for, and hereby waive any and all claims against Solace Health Inc., with respect to any personal injury, including death, or any damages whatsoever and however caused, arising from User or Registered Patient reliance on the Content or arising from any particular course of treatment for Registered Patients.

3.0 Liability

3.1 Solace Health Inc. Provides this website and its content on an “as is”, “without any warranty”, and “without any liability” basis. Solace Health Inc. Disclaims all representations, warranties, and conditions, express or implied, with regard to the content including, but not limited to, representations and warranties regarding merchantability, merchantable quality, durability, fitness for a particular purpose, non-infringement, and timeliness of any product or the services. Solace Health Inc. Does not warrant that the website, its servers, the content, and any communications from Solace Health Inc. Are free of viruses or other harmful components. Use of the website is at a user and/or registered patient’s sole risk.

3.2 Every user and registered patient expressly understands and agrees that Solace Health Inc. And its affiliates, partners, providers, directors, officers, or employees shall not be responsible or liable for any claims whatsoever including, without limitation, damages for loss of use, data, profits, or other intangible losses, related to, or arising from, directly or indirectly, use or inability to use the website, use of or reliance on the content, or any other matter related to the website.

3.3 To the maximum extent permitted by law in no event will Solace Health Inc., or its affiliates, partners, providers, directors, officers, or employees be liable to any user or registered patient for any damages whatsoever, including but not limited to, direct, indirect, incidental, punitive, exemplary and consequential damages arising out of or related to its website, products, user and registered patient use, inability to use, or the results of use of, its website or any products (or on their reliance on any content or products), any websites linked to the website, or the content of the website, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In the event that any, all, or some of Solace Health Inc., its affiliates, partners, providers, directors, officers, or employees is determined by a court of competent jurisdiction to be liable to a user or registered patient and the foregoing limitations and exclusions are not held enforceable, then Solace Health Inc.’s total maximum aggregate liability for any and all claims and damages shall be limited to fifty dollars ($50.00). The entire risk as to the results and performance and use of the website, products and any content provided is assumed by any user or registered patient, as applicable.

3.4 It is expressly understood and agreed that Solace Health Inc. Is not responsible for any indirect, special, incidental, consequential, or punitive damages whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the website or in reliance on the content available on the website, whether in an action of contract, civil liability, negligence, or other tortious action, even if Solace Health Inc. Has been informed of the possibility of such damages or such damages are reasonably foreseeable.

3.5 Any user and/or registered patient acknowledges and agrees that these limitations on liability are reasonable and just in the circumstances.

4.0 Patient Registration

4.1 A User who is eligible under the Terms and the Patient Registration Terms and Conditions, may submit a Patient Registration Form.

4.2 Submission of a Patient Registration Form confirms a patient’s acceptance of the Terms and the Patient Registration Terms and Conditions. If the Terms or Patient Registration Terms and Conditions are not agreed upon, a patient may not complete their submission, and should contact Solace Health Inc. before continuing.

4.3 Once enrolled as a Registered Patient, each Registered Patient will be able to activate an individual Account to utilize the Services.

5.0 Accounts

5.1 During the registration process for an Account, Registered Patients will be required to create a password, and user identification (a “Username”). The password and Username will identify each Registered Patient and associate them with a specific Account.

5.2 Registered Patients are responsible for maintaining the confidentiality of their individual passwords and are fully responsible for all activities that occur under their Accounts.

5.3 No Registered Patient may share access to their Account, or its associated access to the Services, without the express written permission of Solace Health Inc. is prohibited.

5.4 Registered Patients agree to immediately notify Solace Health Inc. of any unauthorized use of their Account and, in the interest of security, ensure that they log out from their Account at the end of each session.

5.5 Registered Patients are responsible for all activities performed using their Account and Solace Health Inc. has no liability whatsoever for any loss, liability, or damage arising from their failure to comply with the Terms.

6.0 Use of the Website

6.1 Any User or Registered Patient may view and print out Content for non-commercial use, but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue the Content without the express written permission of Solace Health Inc.

6.2 Solace Health Inc. does not guarantee the accuracy, completeness, or usefulness of the Content, and under no circumstances will Solace Health Inc. be liable for any loss or damage resulting from reliance on the Content, including but not limited any liability based on errors or omissions in the Content, whether or not Solace Health Inc. knew or ought to have known of any such errors or omissions.

7.0 Prohibited Use of the Website

7.1 No User or Registered Patient may use the website or Content for commercial purposes, unless with the express written permission of Solace Health Inc.

7.2 No User or Registered Patient may use the website or Content for any unlawful purpose.

7.3 No User or Registered Patient may use the website in a manner which may damage, disable, overburden, impair the website, interfere with or abuse the security of the website, or its Content, Services, and Accounts, and/or disrupt or interfere with any other User or Registered Patient’s use of the website or their Account.

7.4 No User or Registered Patient may cause the website, its Content, Services, or Accounts, to be subject to any viruses or other destructive files or programs, and/or use any automated device or software to monitor or copy the Content, or any other information held in relation to the website, its Services and Accounts.

7.5 No User or Registered Patient may attempt to obtain unauthorized access to any part of the website, including but not limited to the Services which are restricted to Registered Patients.

8.0 Prohibited Use of the Services and/or Products

8.1 No Registered Patient may use the Services for any unlawful purpose, including but not limited to, offering, providing, or making available, whether for sale or not, access to the Services or any of the associated products available through the Services to anyone other than them self, unless otherwise expressly permitted in writing by Solace Health Inc.

9.0 Personal Information

9.1 Any personal information provided to Solace Health Inc. by a User or Registered Patient may be collected, used, and/or otherwise disclosed by Solace Health Inc. in accordance with its Privacy Policy.

10.0 Services and Sales

10.1 All sales are subject to product availability and applicable regulations, including but not limited to those imposed by the Access to Cannabis for Medical Purposes Regulations (“ACMPR”). Solace Health Inc. may, in its sole and unfettered discretion, limit the availability of any or all of the Services made available to any Registered Patient, at any time, absolutely or for an indeterminate time, restrict the sale of one or more Services or associated products to particular persons and/or a geographical region or jurisdiction, not accept new Registered Patients, and refuse orders from existing Registered Patients.

10.2 Order quantities for products are subject to limits as provided by the ACMPR. If an order exceeds these limits, Solace Health Inc. will be unable to process it, and it will be refused.

10.3 All prices on the website are subject to change, as Solace Health Inc. may determine in its sole and unfettered discretion, and without notice.

10.4 All sales are final. No returns or exchanges are available to Registered Patients, unless otherwise confirmed in writing by Solace Health Inc.

10.5 In the event that a Registered Patient has insurance coverage for the purchase of any products available through Solace Health Inc.’s Services, and provided that Solace Health Inc. obtains approval from said insurer to do so, Solace Health Inc. may elect, in its sole and unfettered discretion, to invoice said insurer directly for an insurance claim on behalf of all or a portion of the cost of such products. Any such insurance claim shall be subject to any limitations imposed by the insurer. In such event, the Registered Patient hereby consents to the disclosure by Solace Health Inc. of any information as the insurer may require in obtaining such approval and/or processing an insurance claim.

10.6 If a Registered Patient is unsatisfied with a Service or associated product for any reason, they should contact Solace Health Inc. within thirty (30) calendar days of receipt of the product to address their concerns.

11.0 Violation of Terms

11.1 If the Terms, or any of Solace Health Inc.’s other related policies are violated, Solace Health Inc. reserves the right to, in its sole and unfettered discretion, terminate the access of any User or Registered Patient to the website, its Content, Services, and Accounts.

11.2 If a User or Registered Patient is aware of another User or Registered Patient violating the Terms, they may contact Solace Health Inc., and Solace Health Inc. may in its sole and unfettered discretion determine to investigate the report and take any action. Solace Health Inc. does not have any obligation to any User or Registered Patient that contacts them in this regard.

12.0 Proprietary Rights

12.1 The website, including all Content and Services materials are © by Solace Health Inc. or its affiliates, partners, providers, directors, officers, or employees. All rights reserved.

12.2 The website, including all Content and Services materials, is protected by Canadian and worldwide copyright laws and treaty provisions. All Users and Registered Patients agree to comply with all copyright laws worldwide in their use of the website, including all Content and Services materials, and to prevent any unauthorized copying of the website, including all Content and Services materials. Nothing on the website, or through use of the Services, shall be construed as conferring any transfer of intellectual property or other proprietary rights to anyone by Solace Health Inc., its affiliates, or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.

12.3 The product names, company names and logos of Solace Health Inc. or any of its affiliates, partners, providers, directors, officers, or employees used on this website may be trademarks, including registered trademarks of Solace Health Inc. or any of its affiliates, partners, providers, directors, officers, or employees. Such product names, company names and logos of Solace Health Inc. and/or any of its affiliates, partners, providers, directors, officers, or employees may not be copied, imitated or used, in whole or in part, without the prior written consent of Solace Health Inc. or such other party. Other product and company names mentioned on this website may be the trademarks of their respective owners.

12.4 Solace Health Inc. and any of its affiliates, partners, providers, directors, officers, or employee products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Solace Health Inc. and any of its affiliates, partners, providers, directors, officers, or employees with such rights, reserve all such rights.

13.0 Changes to these Terms of Use and the Website

13.1 Solace Health Inc. reserves the right to make changes to the Terms, effective when posted, and the right to change any aspect of the website including the removal of Content or Services, at any time without any notice to a User or Registered Patient.

14.0 Indemnification

14.1 Users and Registered Patients agree to indemnify, defend, and hold harmless Solace Health Inc., and its affiliates, partners, providers, directors, officers, or employees, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to, or arising directly or indirectly out of, the use of, or inability to use, the website and/or Services, the violation of any of the Terms, the violation of any rights of a third party, or the violation of any applicable laws, rules, or regulations.

14.2 Solace Health Inc. reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by a User or Registered Patient, who hereby undertake to fully cooperate with Solace Health Inc. in asserting any available defences.

15.0 Links to Third Party Websites

15.1 This website may contain clickable links to third party websites. Solace Health Inc. does not control all of such websites, and is thereby not responsible for the availability of such websites.

15.2 Solace Health Inc. does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials on or available from such websites or resources. Solace Health Inc. 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 use of or reliance on any such content, advertising, products, or other materials.

16.0 No Waiver

16.1 Solace Health Inc.’s failure or delay to enforce any of the Terms shall not constitute a waiver of its rights or privileges under the Terms.

17.0 Governing Law, Venue, and Jurisdiction

17.1 The Terms shall be construed and enforced in accordance with, and the rights of Users, registered patients, and Solace Health Inc. shall be governed by, the laws of the Province of Ontario, and fall in the jurisdiction of the courts of the Province of Ontario.

18.0 Confidentiality

18.1 The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between a User and/or Registered Patient and Solace Health Inc. will not render Solace Health Inc. liable for any damages any User or Registered Patient may suffer if they transmit confidential information over the Internet or if Solace Health Inc. transmits such information to a User or Registered Patient, or others approved by them, at their request or permission.

19.0 Deemed Acceptance and Term

19.1 A User’s deemed acceptance of, and the effectiveness of, these Terms occurs at their use of the website and viewing of the Content. Any of the Terms that apply additionally to a Registered Patient will become effective upon the submission of a Patient Registration Form.

19.2 The Terms will remain in full force and effect unless and until terminated hereunder.

20.0 Currency

20.1 Unless otherwise indicated, all references to currency on this website and in association with the accompanying Services are to the lawful money of Canada.

21.0 Notices

21.1 Any notice, direction, or other correspondence required or permitted to be given to Solace Health Inc. shall be written or by email, and shall be sent to:

P.O. Box 43125
Mississauga, ON, and/or info@solacehealth.com
L5C 2R9

22.0 Entire Agreement

22.1 The Terms and any accompanying policies and terms of Solace Health Inc., including but not limited to, the Privacy Policy, Social Media Policy, and Patient Registration Terms and Conditions, constitute the entire agreement between Solace Health Inc. and every User and/or Patient. There are not and shall not be any verbal statements, representations, warranties, undertakings, or agreements between these parties and this agreement may not amended or modified in any respect except from time to time by Solace Health Inc. and by posting the amended or modified Terms on the website.

This website (www.solacehealth.com) is owned and operated by Solace Health Inc. and is subject to the following Social Media Policy, as amended from time to time, as described below. This document was last updated on March 28, 2018.

Solace Health Inc. maintains accounts on Instagram, LinkedIn, Facebook, and Twitter to communicate with our patients as well as the community at large. We appreciate the value of free discussion and welcome all interested parties to engage us on these channels in a respectful and constructive way, and in accordance with our Social Media Policy, below. To access our accounts, please click on the corresponding icons at the bottom right of the page.

SOCIAL MEDIA POLICY

1.0 General

1.1 For the purpose of this website, references to Solace Health Inc. may also include its corporate affiliates, which include but are not limited to TerrAscend Corp. and Terra Health Network Inc.

1.2 Use of this website is subject to Solace Health Inc.’s Terms and Conditions of Use, as may be amended from time to time. The Social Media Policy is to be read in conjunction with other policies enforced by Solace Health Inc., including but not limited to the Terms and Conditions of Use, Privacy Policy, and, if applicable, the Patient Registration Terms and Conditions.

2.0 Posting Policy

2.1 All users must use respectful and constructive language and adhere to the posting policies of each individual social media channel as well as the policies herein.

2.2 No user may post content that is:
• Illegal;
• Offensive, hateful, or discriminatory;
• Harassing, defamatory, abusive, or threatening; or
• Obscene or profane in nature.

2.3 No user may post content that violates any third-party rights, including trademarks or copyrights.

2.4 No user may post content that advertises third party products or services without the express permission of Solace Health Inc.

2.5 No user may post content that does not comply with Health Canada or any other relevant regulatory body’s advertising, or other applicable, restrictions.

3.0 Removal of Posts

3.1 Solace Health Inc. reserves the right to remove any content from its social media channels that in its sole discretion is deemed to have violated the terms of this policy, any other Solace Health Inc. policy, or any applicable law.

4.0 Restriction and Blocking of Users

4.1 Solace Health Inc. reserves the right to restrict and/or block any user from its social media channels that in its sole discretion are deemed to have violated the terms of this policy, any other Solace Health Inc. policy, or any applicable law.

4.2 This provision includes, but is not limited to, users responsible or associated with the posting or reinforcement of any content that is included under this policy, any other Solace Health Inc. policy, or any applicable law.

5.0 Disputing a Removal, Restriction, or Blocking

5.1 Users who believe their posts have been unfairly removed or who believe their usernames have been unfairly restricted or blocked, may contact Solace Health Inc. to address these issues.

6.0 Disclaimer

6.1 User posts found on Solace Health Inc.’s social media channels do not necessarily reflect the views of Solace Health Inc. or imply any endorsement or approval of their content. Solace Health Inc. is not responsible for user posts, makes no representations regarding their accuracy, and accepts no associated liability for any illegal or damaging content.

6.2 Content posted by Solace Health Inc. on our website and social media channels is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of a qualified medical doctor.

7.0 Notices

7.1 Any notice, direction, or other correspondence required or permitted to be given to Solace Health Inc. shall be written or by email, and shall be sent to:

P.O. Box 43125
Mississauga, ON, and/or info@solacehealth.com
L5C 2R9

8.0 Associated Information

8.1 The posting policies of each of the following social media channels can be found here: Instagram, LinkedIn, Facebook, and Twitter.

8.2 Health Canada’s advertising policies can be found here: Health Canada.