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TERMS OF USE
Last updated: May 10, 2019
Introduction to our Terms of Use
Access and use of this website https://www.boazpharm.com (“Website”), owned and operated by BOAZ Pharmaceuticals Inc. (“BOAZ”, “us”, “we”, or “our”), and its related services (the “Service”) and products (the “Products), are subject to the following terms and conditions of use and service, as amended from time to time in accordance with the terms described (collectively, “Terms of Use”).
The products found on this website are offered under license from the Canadian government and are intended only for eligible Canadian consumers through this website. Any user viewing this website from outside of Canada should treat the content of this website as strictly for informational purposes only.
The Terms of Use, our Privacy Policy, together with any additional terms, conditions or disclaimers found on the website (collectively, the “BOAZ Policies”) should be reviewed carefully as they contain important information regarding your legal rights, remedies and obligations. These include various disclaimers, limitations of liability, and a dispute resolution clause that governs how disputes will be resolved.
The BOAZ Policies are a legal agreement between and apply to every person who accesses and uses the website, including, without limitation, site visitors, patients, merchants, vendors and/or contributors of content (“you”) and BOAZ. In order to purchase our products through the website, you will be required to register for an account and agree to the BOAZ Policies. If you are a visitor to this website, by accessing and using this website you agree to be bound by and comply with all of the BOAZ Policies. If you do not agree with any of the BOAZ Policies, you are not authorized to access or use the website or any of its services, including, without limitation, ordering any Product.
These Terms, this website, and the Services may be amended or otherwise changed from time to time without notice. For the avoidance of doubt, BOAZ reserves the right to: (a) revise, modify, supplement or delete any information, materials, services and/or resources contained on this website; and (b) make such changes without prior notification to past, current or prospective visitors. It is your responsibility to check for such changes periodically. If you do not agree with any change, you must stop using or accessing this website. Your continued access or use of this website or the Services after any such change is posted on this website will constitute your acceptance of the change.
Not Medical Advice
Information provided on the website including without limitation information regarding different strains of medical cannabis is provided as general information. Information provided on the website is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between patients and their healthcare providers who will ultimately make any decisions regarding treatment.
Jurisdiction
This website is hosted on servers administered in Alberta, Canada. Accordingly, your access and use of this website shall be deemed to be provided in Alberta and subject to Alberta law and the laws of Canada applicable therein. If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this website and receive the Services in your jurisdiction.
If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this website (including the Services), you may not: (a) enter into these Terms; or (b) access or use this website or the Services. By accessing or using this website you are explicitly stating that you have verified in your own jurisdiction that your access and use of this website and the Services is allowed.
Your Privacy and Personal Information
Any personal information provided to us through the website may be collected, used and/or otherwise disclosed by us in accordance with our Privacy Policy. You acknowledge that you have read, understood and agree to the terms of the Privacy Policy. You consent to your healthcare practitioner named in the Medical Document disclosing required personal health information to BOAZ for the purposes of complying with the requirements of the the Access to Cannabis for Medical Purposes Regulations (“ACMPR”). You understand and agree that a copy of this consent and registration application may be provided to the healthcare practitioner.
Use of this Website
You represent and warrant that you (a) will only use the website for lawful purposes and not for any unauthorized purpose or in contravention of any applicable law or regulation, including, without limitation, the Access to Cannabis for Medical Purposes Regulations (“ACMPR”) issued pursuant to the Canadian Controlled Drugs And Substances Act; (b) are a resident in Canada and at least the age of majority in the state or province in which you reside and are legally capable of entering into a binding contract; and (c) will not attempt to circumvent or otherwise interfere with the website’s security features or gain unauthorized access thereto.
You further agree not to: mirror or frame any part of this website without BOAZ’s express prior written consent; or use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this website, without our express prior written consent.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity this website or the Services. For example, BOAZ may, without notice, temporarily suspend your, or any other party’s, access to this website (including the Services) if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as BOAZ may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
In the event that you purchase Product from us, you represent and warrant that you will only use it as prescribed by your doctor and will not re-sell or otherwise distribute any portion of it to any other person. If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations pursuant to the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”). We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website and or the products and services provided through the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review these Terms regularly for any changes and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.
Intellectual Property
This website is the property of BOAZ and its licensors, and may be protected by intellectual property laws, including copyright law, trademark law, patent law and other laws of Canada and other applicable jurisdictions.
Subject to these Terms, you are granted a limited license only to display and print the materials and information contained in this website for your own personal, non-commercial use; provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any content on this website, or any element thereof, in any manner or form whatsoever. Unless you have entered into a separate agreement with BOAZ, any other use of the content on this website without BOAZ’s written permission is prohibited.
Any unauthorized use regarding publication, copying or modification of the content on this website, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.
Medical Client Registration
In order to purchase Products through the website, you will be required to register for an account. In completing such registration, you represent and warrant to us that you will: (a) provide us with accurate and current information as may be required in order to do so; and (b) update your online profile in regular intervals as may be required in order to maintain the accuracy and completeness of such information. In the event that you provide us with any false information or information that is otherwise inaccurate, not current or incomplete, or if we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, you acknowledge and agree that we shall have the irrevocable right to suspend or terminate your account and refuse to fulfill any current or future orders by you of our Product. We are required by law to register each of clients as eligible medical clients within the meaning of the ACMPR, and you accordingly agree to provide us with any and all documentation and/or other information as we may require in order to do so. In accordance with the ACMPR you agree, confirm and/or acknowledge the following: (a) the original Medical Document or one of the original Personal Use Production License (“PUPL”) or Designated Person Production License (“DPPL”) MUST be received by BOAZ in order for BOAZ to complete the medical client registration; (b) the Medical Document is not being used to seek or obtain cannabis from another source; (c) you will use medicinal cannabis dispensed by BOAZ for your own medical purposes only; (d) you understand and acknowledge that medicinal cannabis is not currently approved for use as a pharmaceutical drug in Canada; (e) you acknowledge and agree that you are using any medicinal cannabis Product obtained from BOAZ at your own risk, and you release BOAZ, its affiliates, partners, providers and agents and all such persons’ directors, officers, and personnel (“BOAZ Parties”) from any and all actions, claims, complaints and demands for damages, loss or injury whatsoever arising directly or indirectly from the use of medicinal cannabis obtained from BOAZ; (vi) you consent to BOAZ collecting, using and disclosing your personal information as necessary in order to process your registration, fulfill orders for medicinal cannabis and provide other information and services to you, in accordance with the BOAZ Policies.
Personal and Private Use of the Website
Your right to use the website is personal to you. You are not permitted to allow anyone else to use your account, nor are you permitted to use anyone else’s account. You must keep your account password secure and you must not provide it to anyone else. You agree to immediately notify us if you suspect there has been unauthorized use of your account or some breach of the security of your account. You are solely responsible for all activity that occurs using your account. We will not be liable to you or to any third party for any use (whether authorized or unauthorized) of your account. You acknowledge and agree that we may access and/or disclose your account and related information if required to do so by law or if we have a reasonable belief that such actions are reasonably required to: (a) comply with legal obligations imposed on us or any subpoenas, investigative demands, or court orders directed to us; (b) enforce or fulfill these Terms of Service; or (c) protect the rights, property or safety of BOAZ, other users and/or the general public.

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.

Payment for Product
You agree to pay for all Products, plus applicable taxes, purchased from the website. Payment may be made by credit card, debit card or money order. If you are paying by credit card or debit card, your payment may be processed by our third-party payment processor. Please see our Privacy Policy for a description of your information that we may share with our payment processor in order to process your payment. In the event that your insurer or other similar entity provides coverage for a portion of the price of your order, you will be required to pay the balance at the time of purchase. You hereby acknowledge and agree that you shall at all times remain fully liable for the entire cost of the Products that you purchase from us. We retain the right to do whatever is necessary in order to collect any unpaid balances from you, including, without limitation, to invoice any outstanding amounts to any credit cards associated with your account, without further notice to you. In the event that your insurer or other similar entity (an “Insurer”) provides you with coverage for the purchase of any of our Products, and provided that we obtain approval from your Insurer to do so, we may elect, as we deem appropriate, to invoice your Insurer directly for a claim (an “Insurance Claim”) on your behalf for all or a portion of the cost of such Products. Any such Insurance Claim shall be subject to any limitations imposed by your Insurer. In such event, you hereby consent to the disclosure by us of any information as your Insurer may require in obtaining such approval and/or processing an Insurance Claim on your behalf.

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:

Toll free 1-833-392-0500
or

info@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.

Conditions Relating to Changes to the Website
Subject to our obligations pursuant to the ACMPR, we reserve the right to refuse to sell any of our Products to any person, as we may determine in our sole and unfettered discretion. We further reserve the right to make any changes to the website as we deem appropriate without further notice to you, including, without limitation, cancelling, modifying, suspending or discontinuing any feature thereof and/or any of the Products or services provided thereby. The use of our website may be subject to any additional rules and regulations that we may impose from time to time as we deem appropriate.
Errors and Omissions
Although we believe that information on our website is correct at the time of posting, and while we use reasonable efforts to prevent this from happening, the website may contain spelling, grammatical or other typographical errors or pricing errors and other errors, inaccuracies or omissions (collectively, “Errors”). We reserve the right to remedy any such Errors and to modify any information on the website at any time, without prior notice, but are not obligated to do so. We further reserve the right to cancel or refuse to fulfill any order made on the website based on any such Errors, subject to applicable law.

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.

Disclaimer of Warranties
The website, including any content made available on or through the website, and all Products are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, BOAZ expressly disclaims all warranties and conditions of any kind, express, implied or collateral, including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement. We do not warrant the accuracy or completeness of any content accessed through the website. Information that is periodically updated may not be current at the moment you visit the website and may contain errors. We make no warranty that the website or any Products will meet your requirements; that the operation of the website will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the website is free of viruses or other harmful components. Your use of the website and its content is at your sole risk. You are responsible for verifying any content before relying on it. For greater certainty, you agree that all risks associated with the use of, or reliance on, any content of the website rests with you. You further agree that we will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content of the website. We are not responsible for errors or delays or failures in transmission over the Internet or any wireless network or errors or delays or results caused by or attributable to the use of or reliance on any third- party smartphone or similar device or technology. If you are dissatisfied with the website or with any Products, you agree that your sole and exclusive remedy shall be to discontinue using the website and any such Products. Some jurisdictions do not permit limitations on or exclusions of certain implied warranties, or the exclusion or limitation of certain damages; therefore the above limitations may not apply to you in certain circumstances

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.

No Waiver
BOAZ’s failure or delay to enforce any of the terms and conditions under these Terms of Use shall not operate as a waiver of any of BOAZ’s rights or privileges under these Terms of Use.
Severability / Electronic Documents
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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.

Revisions and Updates
BOAZ may, at any time, revise these Terms of Use by providing you with notice by email at the address you provided as part of your registration; provide you with the opportunity to review the amended Terms of Use; and require that you accept the amended Terms of Use prior to being permitted to continue to access and use the website. Your agreement to the amended Terms of Use shall become effective at the time you indicate your agreement to BOAZ.
Language
English shall be the language of this website and all transactions occurring in connection with it. You waive any right to use and rely upon any other language or translations. Il est de la volonté expresse des parties que le présent website et tous les affaires qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.
Trademarks
All product, brand and company names and logos and trademarks displayed on the website are the trademarks of BOAZ (or its suppliers or third-party licensors). Any use of any of the marks appearing on the website without the express written consent of BOAZ is strictly prohibited.
Assignment
These Terms are not assignable, transferable or sub-licensable by you except with BOAZ’s prior written consent. We may assign, transfer or convey these Terms, or any of our rights hereunder to a third party without notice to you.
Entire Agreement
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Contact Us

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: info@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.

You may also contact us via mail:
BOAZ Pharmaceuticals Inc. 4435 – 90 Avenue SE, Calgary, AB T2C 2S6

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 info@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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