TERMS AND CONDITIONS

Last updated: 2022-02-01

1. Introduction

Welcome to ARCannabis Store(“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”,“Terms of Service”) govern your use of our website located at https://www.arcannabis.ca/(together or individually “Service”) operated by ARCannabis Store.

Our Privacy Policy also governs youruse of our Service and explains how we collect, safeguard and discloseinformation that results from your use of our web pages.

Your agreement with us includesthese Terms and our Privacy Policy (“Agreements”). You acknowledge that youhave read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannotcomply with) Agreements, then you may not use the Service, but please let usknow by emailing at [email protected] so we can try to find a solution.These Terms apply to all visitors, users and others who wish to access or useService.

2. Communications

By using our Service, you agree tosubscribe to newsletters, marketing or promotional materials and otherinformation we may send. However, you may opt out of receiving any, or all, ofthese communications from us by following the unsubscribe link or by emailingat [email protected].

3. Purchases

If you wish to purchase any productor service made available through Service (“Purchase”), you may be asked tosupply certain information relevant to your Purchase including but not limitedto, your credit or debit card number, the expiration date of your card, yourbilling address, and your shipping information.

You represent and warrant that: (i)you have the legal right to use any card(s) or other payment method(s) inconnection with any Purchase; and that (ii) the information you supply to us istrue, correct and complete.

We may employ the use of third partyservices for the purpose of facilitating payment and the completion ofPurchases. By submitting your information, you grant us the right to providethe information to these third parties subject to our Privacy Policy.

We reserve the right to refuse orcancel your order at any time for reasons including but not limited to: productor service availability, errors in the description or price of the product orservice, error in your order or other reasons.

We reserve the right to refuse orcancel your order if fraud or an unauthorized or illegal transaction issuspected.

4. Contests, Sweepstakes andPromotions

Any contests, sweepstakes or otherpromotions (collectively, “Promotions”) made available through Service may begoverned by rules that are separate from these Terms of Service. If youparticipate in any Promotions, please review the applicable rules as well asour Privacy Policy. If the rules for a Promotion conflict with these Terms ofService, Promotion rules will apply.

5. Refunds

We issue refunds for Contractswithin 0 days of the original purchase of the Contract.

6. Content

Content found on or through thisService are the property of ARCannabis Store or used with permission. You maynot distribute, modify, transmit, reuse, download, repost, copy, or use saidContent, whether in whole or in part, for commercial purposes or for personalgain, without express advance written permission from us.

7. Prohibited Uses

You may use Service only for lawfulpurposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates anyapplicable national or international law or regulation.

0.2. For the purpose of exploiting,harming, or attempting to exploit or harm minors in any way by exposing them toinappropriate content or otherwise.

0.3. To transmit, or procure thesending of, any advertising or promotional material, including any “junk mail”,“chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt toimpersonate Company, a Company employee, another user, or any other person orentity.

0.5. In any way that infringes uponthe rights of others, or in any way is illegal, threatening, fraudulent, orharmful, or in connection with any unlawful, illegal, fraudulent, or harmfulpurpose or activity.

0.6. To engage in any other conductthat restricts or inhibits anyone’s use or enjoyment of Service, or which, as determinedby us, may harm or offend Company or users of Service or expose them toliability.

Additionally, you agree not to:

0.1. Use Service in any manner thatcould disable, overburden, damage, or impair Service or interfere with anyother party’s use of Service, including their ability to engage in real timeactivities through Service.

0.2. Use any robot, spider, or otherautomatic device, process, or means to access Service for any purpose,including monitoring or copying any of the material on Service.

0.3. Use any manual process tomonitor or copy any of the material on Service or for any other unauthorizedpurpose without our prior written consent.

0.4. Use any device, software, orroutine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojanhorses, worms, logic bombs, or other material which is malicious ortechnologically harmful.

0.6. Attempt to gain unauthorizedaccess to, interfere with, damage, or disrupt any parts of Service, the serveron which Service is stored, or any server, computer, or database connected toService.

0.7. Attack Service via adenial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damageor falsify Company rating.

0.9. Otherwise attempt to interferewith the proper working of Service.

8. Analytics

We may use third-party ServiceProviders to monitor and analyze the use of our Service.

9. No Use By Minors

Service is intended only for accessand use by individuals at least nineteen (19) years old. By accessing or usingService, you warrant and represent that you are at least nineteen (19) years ofage and with the full authority, right, and capacity to enter into thisagreement and abide by all of the terms and conditions of Terms. If you are notat least nineteen (19) years old, you are prohibited from both the access andusage of Service.

10. Accounts

When you create an account with us,you guarantee that you are above the age of 19, and that the information youprovide us is accurate, complete, and current at all times. Inaccurate,incomplete, or obsolete information may result in the immediate termination ofyour account on Service.

You are responsible for maintainingthe confidentiality of your account and password, including but not limited tothe restriction of access to your computer and/or account. You agree to acceptresponsibility for any and all activities or actions that occur under youraccount and/or password, whether your password is with our Service or athird-party service. You must notify us immediately upon becoming aware of anybreach of security or unauthorized use of your account.

You may not use as a username thename of another person or entity or that is not lawfully available for use, aname or trademark that is subject to any rights of another person or entityother than you, without appropriate authorization. You may not use as ausername any name that is offensive, vulgar or obscene.

We reserve the right to refuseservice, terminate accounts, remove or edit content, or cancel orders in oursole discretion.

11. Intellectual Property

Service and its original content(excluding Content provided by users), features and functionality are and willremain the exclusive property of ARCannabis Store and its licensors. Service isprotected by copyright, trademark, and other laws of and foreign countries. Ourtrademarks may not be used in connection with any product or service withoutthe prior written consent of ARCannabis Store.

12. Copyright Policy

We respect the intellectual propertyrights of others. It is our policy to respond to any claim that Content postedon Service infringes on the copyright or other intellectual property rights(“Infringement”) of any person or entity.

If you are a copyright owner, orauthorized on behalf of one, and you believe that the copyrighted work has beencopied in a way that constitutes copyright infringement, please submit yourclaim via email to [email protected], with the subject line: “CopyrightInfringement” and include in your claim a detailed description of the allegedInfringement as detailed below, under “DMCA Notice and Procedure for CopyrightInfringement Claims”

You may be held accountable fordamages (including costs and attorneys’ fees) for misrepresentation orbad-faith claims on the infringement of any Content found on and/or throughService on your copyright.

13. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notificationpursuant to the Digital Millennium Copyright Act (DMCA) by providing ourCopyright Agent with the following information in writing (see 17 U.S.C512(c)(3) for further detail):

0.1. an electronic or physicalsignature of the person authorized to act on behalf of the owner of thecopyright’s interest;

0.2. a description of thecopyrighted work that you claim has been infringed, including the URL (i.e.,web page address) of the location where the copyrighted work exists or a copyof the copyrighted work;

0.3. identification of the URL orother specific location on Service where the material that you claim isinfringing is located;

0.4. your address, telephone number,and email address;

0.5. a statement by you that youhave a good faith belief that the disputed use is not authorized by thecopyright owner, its agent, or the law;

0.6. a statement by you, made underpenalty of perjury, that the above information in your notice is accurate andthat you are the copyright owner or authorized to act on the copyright owner’sbehalf.

You can contact our Copyright Agentvia email at [email protected].

14. Error Reporting and Feedback

You may provide us either directlyat [email protected] or via third party sites and tools with information andfeedback concerning errors, suggestions for improvements, ideas, problems,complaints, and other matters related to our Service (“Feedback”). Youacknowledge and agree that: (i) you shall not retain, acquire or assert anyintellectual property right or other right, title or interest in or to theFeedback; (ii) Company may have development ideas similar to the Feedback;(iii) Feedback does not contain confidential information or proprietaryinformation from you or any third party; and (iv) Company is not under anyobligation of confidentiality with respect to the Feedback. In the event thetransfer of the ownership to the Feedback is not possible due to applicablemandatory laws, you grant Company and its affiliates an exclusive,transferable, irrevocable, free-of-charge, sub-licensable, unlimited andperpetual right to use (including copy, modify, create derivative works,publish, distribute and commercialize) Feedback in any manner and for anypurpose.

15. Links To Other Web Sites

Our Service may contain links tothird party web sites or services that are not owned or controlled byARCannabis Store.

ARCannabis Store has no controlover, and assumes no responsibility for the content, privacy policies, orpractices of any third party web sites or services. We do not warrant theofferings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANYSHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE ORLOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCEON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRDPARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THETERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICESTHAT YOU VISIT.

16. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BYCOMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NOREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEOPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDEDTHEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT,AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSONASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TOTHE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OFTHE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONEASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIRCONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BEACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BECORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES ORITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OREXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIESWHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOUWILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FORANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVERIT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OFLITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOTLITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITHTHIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY ORPROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANYFEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANYHAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT ASPROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILLBE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NOCIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DONOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

18. Termination

We may terminate or suspend youraccount and bar access to Service immediately, without prior notice orliability, under our sole discretion, for any reason whatsoever and withoutlimitation, including but not limited to a breach of Terms.

If you wish to terminate youraccount, you may simply discontinue using Service.

All provisions of Terms which bytheir nature should survive termination shall survive termination, including,without limitation, ownership provisions, warranty disclaimers, indemnity andlimitations of liability.

19. Governing Law

These Terms shall be governed andconstrued in accordance with the laws of Canada, which governing law applies toagreement without regard to its conflict of law provisions.

Our failure to enforce any right orprovision of these Terms will not be considered a waiver of those rights. Ifany provision of these Terms is held to be invalid or unenforceable by a court,the remaining provisions of these Terms will remain in effect. These Termsconstitute the entire agreement between us regarding our Service and supersedeand replace any prior agreements we might have had between us regardingService.

20. Changes To Service

We reserve the right to withdraw oramend our Service, and any service or material we provide via Service, in oursole discretion without notice. We will not be liable if for any reason all orany part of Service is unavailable at any time or for any period. From time totime, we may restrict access to some parts of Service, or the entire Service,to users, including registered users.

21. Amendments To Terms

We may amend Terms at any time byposting the amended terms on this site. It is your responsibility to reviewthese Terms periodically.

Your continued use of the Platform followingthe posting of revised Terms means that you accept and agree to the changes.You are expected to check this page frequently so you are aware of any changes,as they are binding on you.

By continuing to access or use ourService after any revisions become effective, you agree to be bound by therevised terms. If you do not agree to the new terms, you are no longerauthorized to use Service.

22. Waiver And Severability

No waiver by Company of any term orcondition set forth in Terms shall be deemed a further or continuing waiver ofsuch term or condition or a waiver of any other term or condition, and anyfailure of Company to assert a right or provision under Terms shall notconstitute a waiver of such right or provision.

If any provision of Terms is held bya court or other tribunal of competent jurisdiction to be invalid, illegal orunenforceable for any reason, such provision shall be eliminated or limited tothe minimum extent such that the remaining provisions of Terms will continue infull force and effect.

23. Acknowledgement

BY USING SERVICE OR OTHER SERVICESPROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE ANDAGREE TO BE BOUND BY THEM.

24. Contact Us

Please send your feedback, comments,requests for technical support by email: [email protected].