Terms & Conditions
Last updated: April 20, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND/OR ANY SERVICE. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE WEBSITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ANY OF ITS SERVICES.
1. Age of Majority
The Website is intended for your use only if you are of legal age to purchase cannabis in the jurisdiction in which you reside. If you do not fall within this category, you may be in breach of laws or regulations applicable in your province or country of residence or access, and you should leave the Website immediately.
You may restrict access to this Website using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.
Fire & Flower reserves the right to modify these Terms at any time, at its sole discretion. If Fire & Flower decides to change these Terms, Fire & Flower will post those changes here. We will also update the “Last Updated Date” at the top of these Terms. We encourage you to visit this section of the Website regularly in order to remain informed of any changes We are not liable to you or any third party in any respect arising from any changes or interruptions to the Website or Services.
If you do not agree to any changes that have been made, you must immediately stop using the Website and all Services.
3. Conditions of Use
Our Website and any of our Services are offered solely for your own personal, informational, or non-commercial use. By accessing the Website or any Service, you agree to only use the Website and Services for legitimate purposes in compliance with these Terms and all applicable laws and regulations.
You represent and warrant that all information provided to us in relation to our Services is true and accurate. You acknowledge and agree that content posted by you will be publicly attributable to you. You further acknowledge and agree that once you post content, it may not be possible to delete the content.
The Website may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of linked content, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings. We may or may not actively monitor postings on public forums. Similarly, we may or may not exercise editorial control over postings on any public forum.
We may assign these Terms to anyone for any reason in our sole discretion without notice. You may not assign these Terms without our prior written consent.
4. Prohibited Use
In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Website or Services for any purpose not expressly authorized by these Terms and/or transmit or upload to the Website or any Service content that in any form or respect:
- contravenes or violates any applicable laws or regulations, including, without limitation, criminal, intellectual property, privacy, competition, securities and other laws and regulations;
- constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
- contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers;
- enables hacking or permits any automated device, program, tool (including but not limited to robot, bot, spider, deep-link, other data-mining or harvesting processes) or any manual process that in any way would facilitate access, or allow the acquisition, copying, or monitoring of any portion of the Website, including all data and networks, without the prior express written consent of Fire & Flower;
- collects information about others, including but not limited to, users’ emails, passwords or other account information;
- copies or distributes any part of the Website or Services in any medium without Fire & Flower’s prior written authorization;
- reverse engineers or decompiles the software comprising or included in the Website;
- attempts to gain access to unauthorized content, including content that has not yet been made available to the public;
- modifies, reverse-engineers, disassembles, decompiles or stores any content, data or any portion of the Website, for any reason, including for the purpose of competing with Fire & Flower and its affiliates, or distributing content for a commercial use;
- collects or harvests any personal information from the Website or a related Service, nor will you use communication systems provided by the Website and Service for any commercial solicitation purposes; and/or
- solicits, for commercial purposes, any users of the Website and Service.
Notwithstanding this section, Fire & Flower grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
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.
7. Copyright and Intellectual Property
All information, content and materials made available by Fire & Flower through the Website or Service, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, service marks, logos, patents, trade names or other intellectual property or proprietary rights comprising the Website and Services, or any component or element of the Website and Service (collectively, the “Content”) is the exclusive property of Fire & Flower and its/or its licensors and is protected by Canadian, U.S. and international copyright law.
Fire & Flower and its licensors retain all rights in the Content of this Website. The Content is provided to you AS IS, without any representation or warranty, whether express or implied, for your informational, personal, non-commercial use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof.
You agree to not engage in the use, copying, distribution, transmission or modification of any of the Content for any commercial purpose. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the Website, Services or any of their related security features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Services or the Content therein.
IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION OR OTHER LAWS (E.G. PROVINCE OF QUEBEC), THEN PARTS OF ALL OF THIS SECTION MAY NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY.
CERTAIN FEDERAL OR PROVINCIAL/TERRITORIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU WILL HAVE THOSE MINIMUM RIGHTS AVAILABLE TO YOU UNDER THAT CONSUMER PROTECTION LAW AND THE FOLLOWING PROVISIONS IN THIS SECTION WILL NOT APPLY TO YOU.
YOU AGREE THAT ALL CONTENT ON THIS WEBSITE AND ANY RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL USE OF THIS WEBSITE AND SERVICE IS AT YOUR OWN RISK. Fire & Flower DOES NOT GUARANTEE THE ACCURACY OF ITS CONTENT AND YOU AGREE TO ACCEPT ANY RISKS ASSOCIATED WITH THE USE OF THIS SERVICE ON AN ONLINE PLATFORM, INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO VIRUSES, DAMAGING OR DISABLING CODE. Fire & Flower DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF Fire & Flower, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT Fire & Flower DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE AND ANY RELATED SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITE, SERVICES OR THE SERVER THAT THE WEBSITE AND SERVICES ARE AVAILABLE ON ARE ERROR-FREE, INCLUDING DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE WEBSITE, SERVICES AND ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY RELATED SERVICE REMAINS WITH YOU.
You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Fire & Flower AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE, SERVICES OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VICARIOUS LIABILITY OR OTHERWISE. THE INVOLVED PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE WEBSITE, THE SERVICES, CONTENT OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICES; OR (B) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICE, CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
You shall release, defend, indemnify, and hold Fire & Flower and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Website or Services; or (ii) your violation of these Terms.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in the City of Edmonton, Province of Alberta, Canada.
12. Termination of Website and/or Service
Fire & Flower may discontinue at any time, without notice, the Website, Services, Content, materials, products and/or other services described on the Website or the availability thereof. Fire & Flower also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Website and/or Services with or without notice to you.
13. Entire Agreement; Severability
We may, from time to time, offer you the opportunity to participate in or use other special services, events, contests, and so forth, both on and off the Website. By participating in any such special service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.
14. Contact Us
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org
Spark Perks Terms & Conditions
1. The Program
1.1. The Spark Perks membership program (the "Program") is offered by Fire & Flower Inc. (“Fire & Flower”, “we”, “our”, “us”).
1.2. To be eligible to participate in the Program you must be of legal age to purchase cannabis in the jurisdiction in which you reside, and maintain a valid email address. The Program is available for personal use only and is limited to one account per individual.
1.3. No purchase is necessary to participate in the Program. Participation in the Program does not entitle you to any cannabis or cannabis accessories without monetary consideration, in consideration of the purchase of any other thing or service, or any thing, including a right to participate in a game, draw, lottery or contest, as an inducement to purchase cannabis or a cannabis accessory.
1.4. The Program is void where prohibited by law.
2. Enrollment and Membership
2.1. You may enroll in the Program online at fireandflower.com or in-store.
2.2. You will be sent a confirmation email once your Program enrollment is complete. Your email address is required to track online and in-store purchases.
2.3. You are solely responsible for maintaining the accuracy of your Program account information and for updating your Program account information.
2.4. You should only have one Program account, associated with a single email address.
2.7. If you are dissatisfied with the Program for any reason, termination of your membership in the Program is your sole remedy. We have no other obligation, liability, or responsibility to you except as expressly required by law.
2.8. If you would like to cancel your Program membership, please contact Customer Service at email@example.com.
2.9. We reserve the right to audit your membership account at any time and to exclude you from or to discontinue your participation in the Program, and to audit your membership account at any time, in our sole but reasonable discretion.
3. Spark Fastlane and Firebird Delivery
3.1. Depending on your jurisdiction of residence, Program members may access to Spark Fastlane ordering, whereby you are able to place an advance order reservation online for purchase and pick-up in-store, or Firebird Delivery, where products may be ordered and paid for online for delivery to your residence.
3.2. To use either Spark Fastlane or Firebird Delivery, you need to be signed into your Spark Perks Account on the Website.
3.3. For Spark Fastlane orders, you will be required to present government issued photo ID and your corresponding order number with you to pick up your order. Orders will be held until the end of the business day on which the order was created before being released back into store inventory.
3.4. We endeavour to take all efforts to ensure that your Spark Fastlane orders are fulfilled in-store in accordance with your advance reservation. However, Spark Fastlane advance orders are reservations only, and do not create any binding legal obligation prior to completion of the transaction in-store.
3.5. For Firebird Delivery orders, you will be required to present government issued photo ID and the credit card used to pay for the order upon delivery. If you are not home or delivery is unable to be completed for any other reason, the order will be returned to the store. We will re-attempt delivery the following day and if unable to be completed, we will cancel the order and refund the purchase.
3.6. While we endeavour to complete all Firebird Delivery orders within the timeframe indicated at the time of purchase, we cannot guarantee delivery will be completed at a specific time or at all. Actual delivery times will vary. Everyone’s safety and well-being is our primary concern, and we would never do anything to put anyone in danger. If we are forced to cancel or delay Firebird Delivery orders due to weather or hazardous driving conditions, we will contact you as soon as possible, and you will have the option of either cancelling your order or rescheduling for a later date. Hazardous driving conditions could include, but are not limited to, heavy snow/blizzard conditions, freezing rain, flooding, or traffic issues (e.g. major accidents, road closures).
3.7. If you encounter issues related to your Fastlane or Firebird Delivery order, please contact firstname.lastname@example.org
4.1. We reserve the right to change the Program. The Program is offered at our sole discretion. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice. Changes to the Program will be set forth in these Terms and will be effective on the date the Terms are posted to our website. If we make material changes to the Program, we will notify you directly, for example by sending a message to your Program account, by email or other means.
4.2. Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
5. Privacy and Communications
5.2. By participating in the Program, including by signing up for membership, you consent to receiving Program related emails that may be tailored to your perceived or identified interests, including:
- Program marketing emails;
- Fire & Flower product marketing emails;
- Information regarding Fire & Flower’s stores, including when new stores are opened; and
- Information regarding Fire & Flower’s promotional and marketing events.
We also may give you the option to opt-in to receive other marketing communications from us at the time of enrolment in the Program.
5.4. If you do not want to receive any communications from Fire & Flower, please request a termination of your membership by contacting Customer Service at email@example.com and stop participating in the Program.
6. Disclaimer of Warranties; Limitation of Liability
6.1. Neither Fire & Flower nor our shareholders, subsidiaries, affiliates, partners, or licensors make any representations, warranties or conditions of any kind whatsoever, express or implied, in connection with these Terms or the Program.
6.2. You agree that, to the fullest extent permitted by applicable law, neither Fire & Flower nor our shareholders, subsidiaries, affiliates, partners, or licensors will be responsible (whether in contract, tort (excluding negligence) pre-contract or otherwise) for any (a) interruption of business; (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on our website or use of the Program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of our website , including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in Program content; or (g) events beyond our reasonable control. We make no representations, warranties or conditions that defects or errors will be corrected. Nothing in this provision shall exclude or limit our liability for death or person injury resulting from our negligence or that of our servants, agents or employees.
6.3. Further, to the fullest extent permitted by applicable law, neither Fire & Flower nor our shareholders, subsidiaries, affiliates, partners, or licensors will be liable for, and you agree to indemnify and hold us, our shareholders, subsidiaries, affiliates, partners, or licensors harmless from and against any and all claims, demands, losses, damages and costs, arising from any economic losses (such as loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation or any special or indirect losses of any kind related to the Program and/or your participation therein, regardless of the form of action whether in contract, tort (including negligence) pre-contract or otherwise (other than fraudulent or negligent misrepresentations), even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
7. Governing Law
This Program and these Terms will be governed by and construed under the laws of the province of Alberta and the federal laws of Canada applicable therein, without regard for any conflict of laws principles, and you irrevocably submit to the exclusive jurisdiction of courts of the province of Alberta in the City of Edmonton.
8. Entire Agreement; Waiver and Survival
These Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any preceding or succeeding breach of any provision in these Terms.