TERMS AND CONDITIONS OF USE

The website, being peicannabiscorp.com, (the “Website”) is owned and operated by the Prince Edward Island Cannabis Management Corporation (“PEI Cannabis”). The use of the Website is subject to the following terms and conditions (the “Terms and Conditions”) of use, as amended from time to time. The Terms and Conditions are to be read together with any terms, conditions or disclaimers provided in the pages of the Website. The Terms and Conditions apply to all users of the Website and by accessing and using this Website, you accept and agree to be bound by and comply with the Terms and Conditions.

PEI Cannabis reserves the right to make modifications to the Website and these Terms and Conditions without notice, including changing, suspending or terminating any products or services provided through the Website or imposing additional terms and conditions on the use of the Website. You agree to review these Terms and Conditions regularly and by continuing to access and use this Website, you accept and agree to any changes. You agree that PEI Cannabis will not be liable to you or any other party for any change, suspension or termination of any product or service provided by PEI Cannabis or through the Website.

CUSTOMER REGISTRATION

If you choose to register with PEI Cannabis for the purchase of goods through this Website, you agree, represent and warrant that you will:

provide true, accurate, current and complete information about yourself as prompted by any registration functions on the Website; and

maintain and promptly update any information to keep it true, accurate, current and complete at all times.

If you provide any information that is untrue, inaccurate, not current or incomplete, or if PEI Cannabis has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PEI Cannabis shall have the right to suspend or terminate your account and any or all privileges on the Website and to refuse any and all current or future use of the Website.

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, except an authorized PEI Cannabis representative. 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 any use or misuse of your account or password and for all activity that occurs using your account. PEI Cannabis will not be liable to you or to any third party for any authorized or unauthorized use of your account.

You acknowledge and agree that PEI Cannabis 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:

comply with legal obligations imposed on PEI Cannabis including any subpoenas, investigative demands, or court orders directed to PEI Cannabis;

enforce or fulfill these Terms and Conditions; or

protect the rights, property or safety of PEI Cannabis, other users and/or the general public.

All accounts remain the property of PEI Cannabis, and may be cancelled or suspended at any time by PEI Cannabis without any notice or liability to you or any other person.

USE AND RESTRICTIONS

You are only permitted to use the Website for your own personal, non-commercial purpose. The materials contained on the Website may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from the Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any materials or data whether by an automated program or a manual process) is prohibited. Additionally, you agree to that you will not:

take any action that imposes or may impose (to be determined in PEI Cannabis’s sole discretion) an unreasonable or disproportionately large load on PEI Cannabis’s infrastructure;

interfere or attempt to interfere with the proper working of the Website, or any activities conducted on or with the Website; or

bypass any measures PEI Cannabis may use to prevent or restrict access to the Website.

PURCHASES

Age

You must be 19 years of age or older to purchase products (“Products”) through the Website. By submitting an order for Products, you represent that you are 19 years of age or older and you are not purchasing Products for anyone who is younger than 19 years of age. When you or your designated alternate person picks up or signs for the Products ordered you may be required to present proof that you are 19 years of age or older. Acceptable proof includes a valid driver’s licence, passport and citizenship card.

Third Parties Acting on PEI Cannabis’s Behalf

Your personal information is provided by PEI Cannabis to third parties in order to facilitate payment and delivery. PEI Cannabis only transfers your personal information to third parties who have agreed to comply with appropriate privacy and security standards.

Payment

Payment can be made by VISA, MasterCard, American Express, Diners Club, Visa Debit, Debit Mastercard, and Prepaid cards. Please complete the credit card section at the checkout page in full. PEI Cannabis uses Moneris as its payment processor. PEI Cannabis does not store any credit card information on its systems.

By submitting your order, you represent that you are authorized to use the designated credit card and you authorize PEI Cannabis to charge your order to that credit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit card. PEI Cannabis reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed credit card transaction.

Availability

All purchases from PEI Cannabis are subject to availability. PEI Cannabis may, in its sole discretion, refuse, limit or cancel orders. If PEI Cannabis believes that a false or fraudulent order was made, PEI Cannabis is entitled to inform the relevant authorities in additional to pursing any other rights or remedies available at law.

Every effort has been made to stock adequate quantities of the products offered on the Website. Some of the products, however, are available in relatively small quantities. Some items referred to on the Website may be or become out of stock.

If PEI Cannabis is unable to fill an order for a product ordered through the Website, you will be notified by email and we will only charge the credit card for the products that were fulfilled.

Order Quantities

PEI Cannabis reserves the right to limit order quantities. Minimum and maximum order quantities as well as order values will be set and changed from time to time. PEI Cannabis may reject an order if it appears, in PEI Cannabis’s sole opinion, you are attempting to circumvent an order limit.

Pricing

Prices on the Website are quoted in Canadian dollars and do not include the cost of taxes or shipping. PEI Cannabis prices are subject to change, without notice.

Delivery

PEI Cannabis purchases ship using Purolator and the shipping label will identify PEI Cannabis as the business of origin and contain the following information:

customer’s name; and

customer’s mailing address.

Products ordered can be delivered to any address in Prince Edward Island. Orders cannot be delivered to a PO box. Please ensure you provide a physical street address. Delivery times may be affected by weather or order volumes. Orders must be paid in full before they are delivered to their destination.

When products are delivered, you must present a copy of your shipping confirmation (which will be emailed to you), and valid government issued photo ID showing proof of age. Products will only be delivered to a person 19 years of age or older. It is your responsibility to be at the delivery address to receive your shipment. Purolator will not leave products unattended.

Title to products passes from PEI Cannabis to you when you pick up the products from PEI Cannabis or receive them at the delivery address you indicated in your order or retrieve them from the Purolator Depot.

IMPORTANT: For delivery, if you are not at the delivery address to receive your shipment Purolator will keep products at a depot for five (5) business days before they are returned to PEI Cannabis. Once products are returned to PEI Cannabis, we may cancel your order and issue a refund back on your credit card. If you wish to arrange a re-delivery attempt you can do so my using the Live Chat or by calling 1-888-SHIP-123.

Delivery Charges

There is a non-refundable $7.00 fee for each delivery plus applicable tax. For orders over $100, the delivery fee is waived.

Errors

PEI Cannabis attempts to ensure that the information on the Website is accurate. However, no warranty of accuracy or completeness is expressed or implied. PEI Cannabis expressly reserves the right to correct errors and to change or update information on the Website at any time without notice. If a product offered on the Website is not as described, your only remedy is to return it for a refund. In the event of an error in an order confirmation, in processing an order, in delivering a product or otherwise, PEI Cannabis reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you. Your only remedy in the event of an error is to cancel your order and to obtain a refund.

REFUNDS

Online orders may be returned to a PEI Cannabis store.

All cannabis product returns must be accompanied by proof of purchase and can only be returned if unopened with the excise stamp still intact. All cannabis and accessory product returns are only valid within seven (7) days of the purchase.

For eligible returns, the customer may choose either a refund or exchange. Refunds for purchases made with a gift card are eligible for an exchange or full refund in cash.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless PEI Cannabis, its affiliates, representatives, officers, agents, contractors and employees against any losses, liabilities, claims, expenses (including attorney’s fees and court costs), demands, threats, actions or proceedings in any way arising from, related to or in connection with your use of the Website including in connection with any products offered through the Website, your violation of the Terms and Conditions or any applicable law or regulation, or the posting or transmission of any materials on or through the 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.

PRIVACY

PEI Cannabis is committed to protecting the privacy and confidentiality of its customers’ personal information. PEI Cannabis’s Privacy Policy explains how PEI Cannabis collects, uses and discloses the personal information you provide to PEI Cannabis.

COPYRIGHT

Unless otherwise specifically stated herein, all materials on the Website, including text, photos, underlying HTML, illustrations, maps, designs, icons, audio clips, video clips, documents, products, software and all other content is either owned by PEI Cannabis or PEI Cannabis has obtained a license or permission to use the materials for the Website.

The materials on this site are protected by the Copyright Act. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the materials contained on the Website. You may print, in hard copy, portions of the Website only for the purpose of placing an order with PEI Cannabis.

Reproduction of any materials requires the advance written permission of PEI Cannabis, or the original creator, where applicable to request permission, contact the web content team of PEI Cannabis using the Contact Us Form and detail your request in the message section.

TRADEMARKS AND OFFICIAL MARKS

All trademarks used and/or displayed on the Website are registered or unregistered trademarks or official marks of PEI Cannabis or our suppliers. Any use of the trademarks or tradenames of PEI Cannabis or of third parties without the prior written consent of the applicable party is strictly prohibited. For permission to use trademarks and official marks, please contact PEI Cannabis or our suppliers.

COMPLIANCE WITH LAWS

In addition to complying with these Terms and Conditions, you agree to use the Website and PEI Cannabis materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of Internet by their residents.

Potential users of the Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would:

void these Terms and Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and limitation of liability); or

render accessing the Website illegal

are not authorized to use the Website.

DISCLAIMER

The use of the Website is at your sole risk and you assume full responsibility for any costs or losses associated with your use of the Website. PEI Cannabis will not be liable for any damages of any kind related to the use of the Website.

Warranty Disclaimer

The information found on the Website is provided as a public service by PEI Cannabis. The Website and all of the information it contains is provided strictly “as is” and without warranty of any kind, either expressed or implied.

We cannot guarantee that all information is current or accurate. Every effort is made to ensure the accuracy, currency and reliability of the content. At any time, some details may not yet reflect recent changes.

Not Medical Advice

Any information provided on the Website or by PEI Cannabis is not intended to be medical advice and does not replace the need to consult a healthcare provider.

Limitation of Liabilities

Under no circumstances will PEI Cannabis be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on any use of this Website or any other website to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information.

External Websites

Any link (including hyperlinks, buttons or referral devices of any kind) used on the Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link of the Website does not constitute an endorsement, recommendation or certification by PEI Cannabis, nor should the presence of a link in any way be construed as a suggestion that the website has a relationship with PEI Cannabis.

PEI Cannabis makes no warranties, guarantees or representations about any external website it references, and it will assume no responsibility or liability for any loss or damage sustained due to any inaccuracy or misinformation found at such an external website.

ACCESSIBILITY

PEI Cannabis recognizes its responsibility to deliver services and information that is accessible and usable by all people, regardless of disability or technology.

PEI Cannabis is making every reasonable effort to ensure all new websites and content comply with the World Wide Web Consortiums’ (W3C) Web Content Accessibility Guidelines 2.0 (WCAG 2.0).

GENERAL

Waiver

PEI Cannabis’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. A waiver by PEI Cannabis of any default will not constitute a waiver of any subsequent default. No waiver by PEI Cannabis is effective unless it is communicated to you in writing.

Headings

Any headings and titles herein are for convenience only.

Severability

If any of the provisions of these Terms and Conditions are determined to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms and Conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

Any disputes arising out of or relating to the Terms and Conditions or use of the Website or PEI Cannabis’s products or services will be resolved in accordance with the laws of the Province of Prince Edward Island. Any disputes, actions or proceedings relating to the Terms and Conditions, or your access or use of the Website must be brought before the courts of the Province of Prince Edward Island and you irrevocably consent to the exclusive jurisdiction and venue of such courts.