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TERMS AND CONDITIONS

Please review the following rules that govern the use of this website (the “Website”) before using it. PLEASE NOTE THAT YOUR USE OF THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. Although you may bypass this Agreement, your use of this Website still binds you to the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this Website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this Website. Ownership, Copyright and Trademark “Chamba” as used herein includes Chamba Cannabis Co Inc. and other subsidiaries and affiliated entities of Chamba Cannabis Co Inc. This Website is operated by and is the property of Chamba. The domain name, trademarks, trade names, copyright and other intellectual property of and displayed within Chamba.ca is owned exclusively by Chamba. Chamba expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of Chamba’s names, logos, marks or any other intellectual property in any manner. Use of Website This Website and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on this Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software. The content and software on this Website may be used only as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited. Jurisdiction You understand that: (i) aspects of this Website and the Services, as well as certain Products, may not be available in all jurisdictions; and (ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services (including the purchase of Products) in your jurisdiction. If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed. Your Account (as defined below) may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Website or the Services (including the purchase of Products) is not allowed in your jurisdiction of residence. Accounts In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not do so, you may not sign up for an Account. During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. We may use your information: to verify your eligibility to create and to maintain your Account; to ensure that your Account, including your username, is unique; to enable us to provide certain security and privacy safeguards; to deal with security, debugging and technical support issues; for billing and payment-related issues; to protect ourselves and others from abuse; and to comply with law. These Terms of Use will govern all of the information you provide to us or that we collect from you in connection with your use of this Website or the Services. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services and, in our sole discretion, to report you to the appropriate authorities. We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account. You must not choose a username that infringes the rights of any third party, impersonates any Tokyo Smoke employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You cannot transfer your Account to any other person, or permit anyone to use it. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge. Purchasing Products We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations under, for example: (i) the federal Access to Cannabis for Medical Purposes Regulations; (ii) the federal Cannabis Act; and (iii) any other applicable legislation. The prices displayed on this Website are quoted in Canadian dollars, and are subject to change. Please note that advertisements on this Website are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order will be deemed accepted only if and when we send a notice email to your email address. That notice email constitutes our acceptance of your order. Also note that the price of any Products on our Website does not include any applicable sales, use, excise, value-added or other taxes or duties. You are responsible for the payment of same. If you wish to purchase any Products, you must provide us with a valid Visa ® , MasterCard ® , or American Express ® card number. By submitting this information to us, you give Chamba permission to charge your order to the card that you designate. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification. Please refer to our Return Policy. Some situations may result in your order being cancelled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge. Although we do our best to provide you with the most accurate Product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Website. Access In its sole discretion, in addition to any other rights or remedies available to and without any liability whatsoever, Chamba may at any time and without notice terminate or restrict your access to any component of this Website. Advertisements Chamba endeavours to provide current and accurate information respecting current promotions and “on sale” or “flyer” items on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Chamba cannot guarantee that products advertised on the Website will be available at the store level. Chamba reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and (b) change at any time the products on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person. Personal Information Protection Policy You have read the Personal Information Protection Policy of Chamba, the terms of which appear on this Website and are incorporated into these Terms and Conditions. You agree that the terms of such policy are reasonable. You consent to the use of your personal information by Chamba in accordance with the terms of and for the purposes set forth in the Chamba Personal Information Protection Policy. No Endorsements Links from this Website to third-party websites may be available, however they are meant for convenience only. Chamba expressly disclaims any and all liability for the content or use of non-Chamba websites that are linked to the Website. It is up to you to take appropriate precautions to ensure that any website you visit is free of destructive items such as worms or viruses. Liability Disclaimer Except as explicitly provided in the foregoing paragraphs, Chamba makes no representations or warranties of any kind, express or implied, regarding the websites and/or any materials provided on the websites. Chamba does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the websites, or any of the content or data found on the websites, and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Chamba assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the websites or your downloading of any materials, data, text, or images from the websites. In no event shall Chamba be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the websites or content found herein, even if Chamba has been advised of the possibility of damages by such parties or any other party. Indemnification You shall indemnify and save harmless Chamba and its officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the websites. Governing Law This Agreement and its performance shall be governed by the laws of the Province of Ontario Canada. You consent and submit to the exclusive jurisdiction of the courts and administrative tribunals, as the case may be, located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the websites and these Terms and Conditions. Severability These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Headings The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions. Entire Agreement These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Chamba making such amendments or modifications available to it pursuant to the Terms and Conditions.
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