Terms of Service
Last updated: February 8, 2024
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with http://www.rarecannabis.ca website (the “Service”) operated by RARE Cannabis Company Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, valid government ID, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of RARE Cannabis Company Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with RARE Cannabis Company Inc.. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of RARE Cannabis Company Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled RARE Cannabis Company Inc..
RARE Cannabis Company Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that RARE Cannabis Company 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, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless RARE Cannabis Company Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
RARE Cannabis Company Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
RARE Cannabis Company Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
RARE Cannabis Company Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and RARE Cannabis Company Inc. chooses not to immediately act, or chooses not to act at all, RARE Cannabis Company Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. RARE Cannabis Company Inc. does not waive any of its rights. RARE Cannabis Company Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Returns
All sales are final. Exceptions may apply, at the discretion of RARE Cannabis Company Inc., for product recalls, quality issues, or damaged or tampered items. To receive a refund for defective vape cartridges or vape pens, please be aware of the following requirements:
- Defective products must be returned within 7 days of purchase date.
- Upon return, cartridges will be evaluated.
- Defective products must be returned with original packaging.
- Product packaging must be legible and clearly indicate lot number.
The RARE Society Customer Appreciation Program
Account & Sign Up
- Primary Account Holder:
• The individual whose name is registered on the account is recognized as the “primary account holder” and holds exclusive authorization to redeem points and rewards. - Shared Accounts:
• The “primary account holder” may grant permission for another individual to redeem points and rewards on their behalf by designating them as a “secondary party.” Such authorization must be communicated in-person or in writing to RARE Cannabis Co. The “secondary party” is restricted to point and reward redemption only and cannot modify account information. - Shared Account Deactivation and Transfers:
• A “shared account” is intrinsically tied to the “primary account holder.” In the event the “primary account holder” opts to deactivate or withdraw from The RARE Society, the account and its associated points and rewards cannot be transferred to the “secondary party.” In such cases, all accrued points and rewards will expire, necessitating the creation of a new account for the “secondary party.” - Account Deactivation:
• RARE Cannabis Co. reserves the right to deactivate any account for any reason, without notice to the account holder. - Sign-Up Requirements:
• To enroll in the RARE Society requires basic information, including first and last name, birthdate, email, and phone number. Accounts with invalid information may be deactivated without notice. Data preferences can be managed here.
Points
- Accumulation:
• Members can accumulate 100 points per visit, with no purchase necessary.
• Members are eligible to accumulate points for up to one visit per day. - Check-In Requirements:
• To register a points check-in, members must physically visit one of two designated brick & mortar locations. - Cash Value and Transferability:
• Points hold no cash value and cannot be gifted, transferred, or merged with those of other members. - Credit for Verifiable Visits:
• RARE Cannabis Co. retains the right to credit points for verifiable visits within the last six (6) months. - Inactive Accounts:
• Accounts displaying no points activity over a consecutive six-month period will be deemed inactive, resulting in the expiration of accumulated points.
Rewards and Redemptions - Redemptions of Rewards:
• All redemptions will deduct the corresponding number of points from the member’s points balance. - Availability of Rewards:
• RARE Cannabis Co. reserves the right, to limit, deny, or suspend wallet redemptions for specific user accounts, or all accounts, at its discretion and without notice. - Retroactive Point Removal:
• RARE Cannabis Co. reserves the right to retroactively remove points in instances where redemption was not completed, despite the member receiving the reward. - Swag Availability:
• Swag rewards are not guaranteed and are subject to availability while supplies last. - Size and Availability Restrictions:
• Sizes and availability are determined on a first-come, first-served basis. - Redemption Limits:
• RARE Cannabis Co. retains the right to limit the number of times a member can redeem a swag item or reward.
• Shared accounts are subject to swag limitations. Should a “secondary party” wish to access personalized rewards and swag, both parties must individually sign up for their own accounts.
Member Data - Secure Storage:
• Customer data is securely stored with our point of sale and loyalty program vendors, Greenline & AlpineIQ. RARE Cannabis Co. does not engage in the sale of customer data. - Purchase History:
• Enrolling in The RARE Society automatically creates a comprehensive purchase history. This feature enables members to access past receipts and facilitates customer service support and personalized product recommendations based on their purchase history.
Electronic Communications - Agreement to Receive Communications:
• Enrolling in the RARE Society Program implies agreement to receive email and text communications from RARE Cannabis Co. - Opt-Out Option:
• Members have the option to opt out of all text and email communications at their discretion.
You are free to change your communication/data preferences, and opt out of the program here, or by emailing society@rarecannabis,ca
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms & Conditions, please contact us.