Legal
Terms of Use
Sale of ProductsFrom time to time, we may make certain products available for sale through this website (“Products”). We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations under, for example: (a) the federal Access to Cannabis for Medical Purposes Regulations (the “ACMPR”); (b) the federal Cannabis Act (the “Act”); and (c) any other applicable legislation.
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction, subject to our regulatory obligations pursuant to the ACMPR. Prices for our products are subject to change without notice. Order quantities for Product are subject to limits as provided by the regulations. If your order exceeds these limits, it will be refused. Please note that items in your shopping basket are not reserved until payment is finalized and may be purchased by other customers.
Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations pursuant to the ACMPR. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law. If you purchase medical cannabis from us, you represent and warrant that you will only use such medical cannabis as prescribed by your doctor, and you will not resell or otherwise transfer such medical cannabis to any other person.
Product Availability and PricingWhile we try and ensure that all details, descriptions, storage status and prices which appear on this website are accurate, we acknowledge that errors may occur. BOAZ reserves the right to correct such errors. In the event of an error, BOAZ is not obliged to provide such a Product even though you may have ordered the same. If payment has already been made for such a Product, BOAZ will refund you as soon as possible.
You acknowledge and agree that in the event that we have reasonable grounds to believe that you have made an order in contravention of applicable law, we are entitled to cancel your order and notify the applicable authorities, while reserving our right to pursue any other available rights and remedies against you at law.
Current pricing for our Products is listed on the website. Our pricing is subject to change, as we may determine in our sole and unfettered discretion, without notice. Pricing is listed in Canadian currency, unless otherwise indicated, exclusive of applicable sales taxes and shipping fees, which will be added prior to finalizing your Product purchase.
Shipping PolicyWith respect to any cannabis purchased through the Services (“Cannabis Products”): BOAZ ships Cannabis Products by secure courier in odourless packaging as is required under the Act, as applicable; and all shipments shall be limited to Canadian addresses only: BOAZ will not ship any Cannabis Products internationally.
The shipping label does not advertise the business of origin is “BOAZ Pharmaceuticals”.” For any specific questions on shipping, please contact us at:
handcrafted@boazpharm.com for further information.Title to any Products purchased by you and risk of loss shall pass onto you upon delivery of the Products to a shipper/carrier. BOAZ cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered (customer address input error).
We shall not have any liability to you or any other person in the event of any failure to ship within such designated ship times or to be delivered to you in any specific period of time. All of our Products are shipped in courier packages to the shipping address associated with your account in accordance with the requirements of the ACMPR. No package from our facility will disclose its contents or indicate its origin in order to ensure that our patients’ privacy will be highly safeguarded. None of our Products will be shipped to patients who reside outside of Canada.
Return and Exchange PolicyBOAZ is not able to accept shipment returns of any of its Product. If you are experiencing an issue with the Product you purchased please contact our client care team (above).
If you are not satisfied with any Cannabis Products and have reason to suspect it is defective, please contact us and we will do our best to make sure you are happy.
If you wish to report a Cannabis Product due to any form of adverse reaction, we ask you to immediately contact BOAZ and we will assist you.
Links to External WebsitesAny links from this website to other websites are provided for convenience only. BOAZ does not review, endorse, approve or control, and is not responsible for any sites linked from the website, the content of those sites or the products or services provided. Your access and viewing of any third-party sites is conducted at your own risk. You are strongly advised to check the terms and conditions of use and the privacy policies of these external portals or websites before entering or making use of them.
Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. BOAZ shall not be a party to any transaction between you and any third party including any third party advertising on our website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials. Please see our Privacy Policy to learn about how we collect, use, and share your personal information
PrivacyWe are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who access or use this website or the Services. Please see our Privacy Policy for further details.
You acknowledge and agree that access to and use of this website and the Services is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
No LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BOAZ PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS WEBSITE, THE PRODUCTS, YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE WEBSITE OR ANY PRODUCTS (OR ON YOUR 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 BOAZ IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU AND THE FOREGOING LIMITATIONS AND EXCLUSIONS NOT ENFORCEABLE, THEN BOAZ’S TOTAL MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (A) THESE TERMS, (B) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE), (C) THE SERVICES, (D) THE PRODUCTS, AND (E) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF: (A) TWENTY ($20.00) DOLLARS (CAD); AND (B) THE AMOUNTS PAID BY YOU FOR ANY PRODUCTS PURCHASED BY YOU THROUGH THIS WEBSITE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FINAL EVENT GIVING RISE TO SUCH LIABILITY.
Please note that certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you; and in any such case, our liability will be limited to the maximum extent permitted by law.
IndemnificationIN CONSIDERATION FOR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY THE BOAZ PARTIES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, THREATS, ACTIONS, PROCEEDINGS, EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) IN ANY WAY ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING IN CONNECTION WITH ANY PRODUCTS OFFERED THROUGH THIS WEBSITE OR THE USE OF ANY INFORMATION CONTAINED IN OR OBTAINED THROUGH THIS WEBSITE, THE SERVICES, YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAW OR REGULATION, OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THIS WEBSITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU INFRINGE UPON ANY THIRD PARTY PROPRIETARY RIGHTS.
Governing Law
The website and its contents are designed to comply with Canadian laws and regulations. Although the information on the website is accessible to users outside of Canada, it and its content and use are intended for access and use by Canadian residents only. The website is administered by BOAZ from a location in Alberta, Canada.
You acknowledge and agree that your use of the website and all of the communications, transmissions and transactions associated with the website and the provision of Products shall be deemed to have occurred in the Province of Alberta, Canada, and you and BOAZ agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Alberta, Canada and that the law of the Province of Alberta is the proper law. The parties irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Alberta in respect of all matters and disputes arising hereunder.
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Alberta without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Alberta in the City of Calgary, Alberta and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
All notices and communications by or to a party shall be in writing and shall be deemed to have been duly given when made via email to us. If you need to contact us regarding this website, the Services, the Products or these Terms, please contact our Client Care Team: handcrafted@boazpharm.com
To ensure your inquiry is handled promptly, please specify where you are writing about this website, the Services, the Products or these Terms in the subject line of your email.
Privacy Policy
PRIVACY POLICY
Last updated: March 1, 2019
BOAZ Pharmaceuticals Inc. (“BOAZ”, “us”, “we”, or “our”) operates the website: https://www.boazpharm.com (the “Service”).
Introduction to our Privacy Policy
Protecting your privacy and the privacy of your personal information is important to BOAZ. We will not use or share your information with anyone except as described in this Privacy Policy.
We are providing you this Privacy Policy to describe and explain how your personal information is collected from or about you, used and disclosed by us when you use our website and order our products, and the choices you can make about the way your information is collected and used.
We are committed to maintaining the accuracy, confidentiality and security of your personal information. By providing us with your personal information you agree to our collection, use and disclosure of your personal information in accordance with this Privacy Policy.
In general, you can visit this website without telling us who you are or revealing any personal information about yourself. There are times, however, when we may need personal information from you. In certain cases, your refusal to provide necessary personal information may impact your ability to interact with us or register as a client of BOAZ.
Please review this entire document carefully. This Privacy Policy forms part of BOAZ’s Terms of Use and should be read together with the Terms of Use.
This Privacy Policy is Effective for Canada
We are committed to following the standards established by Canada’s personal information Protection and Electronic Documents Act (“PIPEDA”).
It is also BOAZ’s policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes such legislation and/or an individual’s right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable.
This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions.
Personal Information Defined
The term “personal information” has the same meaning as set out in Canada’s personal information Protection and Electronic Documents Act (“PIPEDA”), which means any information about an identifiable individual and any data about yourself that you choose to provide electronically through the website or otherwise, i.e. through the BOAZ Medical Client Registration Application Form. In this Privacy Policy, the term personal information also encompasses personal health information as appropriate.
The Types of Personal Information We Collect
BOAZ gathers and uses only such information that is necessary for providing our services, fulfilling your orders, and to comply with The Cannabis Act regulations concerning Licensed Producers. It typically includes the following personal information: name, address, mailing address, shipping address, e-mail address, telephone numbers, facsimile number, sex, date of birth, the name of your health care practitioner and his or her contact information, the name of the person responsible for you and his or her contact information, credit card information (including card type and number, expiry date and name of card holder).
The choice to provide us with personal information is always yours. However, your decision to withhold particular details may limit the services we are able to provide. If we are unable to accommodate your request based on the information that has been provided, we may ask for additional details in order to identify other ways to be of assistance. We may also maintain a file containing contact history that is used for customer inquiry purposes.
The Purpose of Collecting Personal Information
We will only collect personal information that is necessary to fulfill the following purposes:
- To verify your identity, establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;
- To enable you to register, open and access an account with us;
- To obtain and process payments for the products and services that we provide to you
- To understand your requirements for our products and services, and to work to improve our products and services;
- To respond to requests made by, or on behalf of, your insurance provider to review your insurance claim(s), to the extent applicable;
- To monitor and investigate incidents and managing claims;
- To enable us to comply with applicable law or regulatory process;
- Other legal reasons as apply to the goods and services requested
- Any other reasonable purpose to which you consent.
Your Consent
By using this website or by otherwise providing personal information to BOAZ, you agree to this Privacy Policy and that we may collect, use and disclose your personal information in accordance with it. You may withdraw your consent at any time in writing. Please contact us below to find out how. We will obtain your consent before collecting, using or disclosing your personal information for new purposes unrelated to the purposes described in this Privacy Policy.
Typically, we will seek your consent at the time we collect your personal information. Your consent may be implied, deemed (using an opt-out mechanism) or express. Implied consent can be reasonably inferred from your action (e.g. entering into an agreement with us or providing payment) or inaction. Express consent can be given orally, electronically or in writing.
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting us. All communications with respect to such withdrawal or variation of consent should be in writing.
Disclosing Your Personal Information
When we provide you with medical cannabis, we may share your personal information with your healthcare providers and your authorized family members. We may also share it with others but only with your consent or as otherwise permitted by law. For example, we may share your personal information with designated individuals (e.g. parents, caregivers) who have the authority to collect such information. All such sharing is done in a manner consistent with this Privacy Policy.
We will collect, use and disclose your personal information without your consent only in limited circumstances as permitted or required by law. In certain limited circumstances, we may be called upon to release your personal information without your consent:
- When permitted or required by law in response to a court order, subpoena, search warrant, law or regulation;
- As part of an audit by the Minister of Health;
- In an emergency that threatens an individual’s life, health, or personal security;
- When the personal information is available from a public source;
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt or protection from fraud;
- Other legally established reasons.
We will cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the personal information that they may receive.
The Security and Protection of Your Personal Information
BOAZ will endeavour to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. We are committed to ensuring the security of your personal information and may use passwords, encryption, firewalls, restricted employee access or other methods, in our discretion. We will use appropriate security measures when destroying your personal information such as shredding documents or deleting electronically stored information, in our discretion.
These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. We cannot guarantee complete security: (i) unauthorized access, use, or disclosure, (ii) hardware or software failure, and (iii) other events may potentially compromise the security of your personal information.
We will not sell your personal information to other parties unless consent has been provided or implied. We retain your personal information for the time necessary to fulfill the identified purposes or a legal or business purpose.
The Accuracy of Your Personal Information
It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us updated and informed of such changes in writing.
We will make reasonable efforts to ensure that your personal information is kept accurate and complete. You may also request a correction to your personal information to ensure its accuracy and completeness. A request must be in writing and provide sufficient detail to identify your personal information and the correction being sought.
Access to Your Personal Information
You can ask to see your personal information at any time, by communicating in writing to us. When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.
Web Server Logs
In the process of administering this website, we may also collect information that your browser sends whenever you visit our Service through Web server logs (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
We use this information to improve the content and navigation features of our site. Anonymized or aggregated forms of this data may be used to identify future features and functions to develop for the website and to provide better customer service.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. Some pages on our website use cookies that assist you in navigating and using the website— for example, to help you access secure areas. We may set these types of cookies without requesting your consent.
Cookies may also be used on our website to remember certain choices you make, such as your geographical region, your user name or other personalization. We use these cookies to improve your user experience, so we can better serve you when you return to our website. BOAZ considers your use of this website as your consent to set these types of cookies.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. If you do not instruct your browser to refuse all cookies or to indicate when a cookie is being sent, your consent to our use of your personal information may be implied.
Other Technologies
BOAZ may use other technologies to capture specific data, such as the pages you view, the items you download, the links you click, your access times, and your Internet Protocol (IP) address, domain name, and system configurations and settings, to help us understand how you use our site, serve you relevant content and assist you with questions you may have regarding our products and services.
International Transfer
Your information, including personal information, may be transferred to — and maintained on — computers located outside of your province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Canada and choose to provide information to us, please note that we transfer the information, including personal information, to Canada and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Third-Party Service Providers
Your personal information may be shared with third-party information technology, data and payment processing and other service providers engaged by us who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf. Such third parties may be located outside of Canada, including in the United States.
As a result, you understand that and consent to your personal information being collected, used, processed, stored and/or disclosed in a jurisdiction other than Canada and understand that it may potentially be accessible to law enforcement and national security authorities of that jurisdiction. However, in the event that foreign law enforcement and/or national security authorities request your personal information, it shall only be provided in strict accordance with the law and subject to all required legal permissions.
Links to Third-Party Websites
We may provide links to third-party websites for your convenience and information. If you access those links, you will leave the BOAZ website. BOAZ does not control those sites or their privacy practices, which may differ from the practices outlined in this Privacy Policy. Please review the privacy policies of every third-party website that you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Minor”).
We do not knowingly collect personally identifiable information from Minors. If you are a parent or guardian and you are aware that your Minor has provided us with personal information, please contact us. If we become aware that we have collected personal information from Minors without verification of parental consent, we take steps to remove that information from our servers.
Changes to this Privacy Policy
From time to time, we may change and update this Privacy Policy – the information we collect, the way we use that information and the options you have as a visitor/user of this website. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If we make any material changes to this Privacy Policy, we will notify you – by providing you with notice by email at the address you provided as part of your registration; providing you with the opportunity to review the amended Privacy Policy; and requiring that you accept the amended Privacy Policy prior to being permitted to continue to access and use the website.
Your agreement to the amended Privacy Policy shall become effective at the time you indicate your agreement to BOAZ.
Contact Us
Should you have comments or questions about this Privacy Policy, you may email us at handcrafted@boazpharm.com
To ensure your inquiry is handled promptly, please use “Privacy” in the subject line of your email.
You may also contact us via mail:
BOAZ Pharmaceuticals Inc. 4435 – 90 Avenue SE, Calgary, AB T2C 2S6
We will endeavour to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.
NOTE: This Privacy Policy does not create or confer upon any individual any rights, or impose upon BOAZ any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal privacy laws and its provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and any such laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.
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