UpHi Cannabis Emporium – Hi-Life Club

MOBILE APP – (APPLE AND GOOGLE PLAY APPS)

End-User License Agreement (“Agreement”)
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading, or using AIQ.

Interpretation and Definitions

 

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural. 

 

Definitions For the purposes of this End-User License Agreement: 

  • Agreement means this End-User License Agreement that forms the entire agreement between You and UpHi Cannabis Emporium regarding the use of the Application.
  • Application means the software program provided by UpHi Cannabis Emporium downloaded by You through an Application Store’s account to a Device, named UpHi Cannabis Emporium.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
  • UpHi Cannabis Emporium (referred to as either “UpHi Cannabis Emporium”, “We”, “Us” or “Our” in this Agreement) refers to UpHi Cannabis Emporium.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Country refers to: Canada
  • Device means any device that can access the Application such as a computer, a cellphone, or a digital tablet. 
  • Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each other’s eligible Applications to their associated Devices.
  • Third-Party Services means any services or content (including data, information, applications, and other products services) provided by a third party that may be displayed, included, or made available by the Application.
  • You mean the individual accessing or using the Application or UpHi Cannabis Emporium, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable. Acknowledgment

 

By clicking the “I Agree” button, downloading, or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download, or do not use the Application. This Agreement is a legal document between You and UpHi Cannabis Emporium, and it governs your use of the Application made available to You by UpHi Cannabis Emporium.

 

This Agreement is between You and UpHi Cannabis Emporium only and not with the Application Store. Therefore, UpHi Cannabis Emporium is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application.

 

Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement. The Application is licensed, not sold, to You by UpHi Cannabis Emporium for use strictly in accordance with the terms of this Agreement.

 

 

License

Scope of License — UpHi Cannabis Emporium grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.

 

The license that is granted to You by UpHi Cannabis Emporium is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. License Restrictions:

 

You agree not to, and You will not permit others to: 

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy or use the Application for any purpose other than as permitted under the above section ‘License’. Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of UpHi Cannabis Emporium or its affiliates, partners, suppliers, or the licensors of the Application.

 

Content

 

Content Restrictions

 UpHi Cannabis Emporium is not responsible for the entries, information, or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include but are not limited to, the following:

 

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine-generated content or randomly-generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity, including UpHi Cannabis Emporium and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features. UpHi Cannabis Emporium reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with this Agreement, refuse, or remove any Content. UpHi Cannabis Emporium further reserves the right to make formatting and edits and change the manner of any Content.

 

UpHi Cannabis Emporium can also limit or revoke the use of the Application if You post such objectionable Content. As UpHi Cannabis Emporium cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk.

 

You understand that by using the Application, you may be exposed to content that You may find offensive, indecent, incorrect, or objectionable. You agree that under no circumstances will UpHi Cannabis Emporium be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

 

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of UpHi Cannabis Emporium.

 

UpHi Cannabis Emporium shall not be obligated to indemnify or defend You with respect to any third-party claim arising from or relating to the Application.

 

To the extent UpHi Cannabis Emporium is required to provide indemnification by applicable law, UpHi Cannabis Emporium, not the Application Store, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

 

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions provided by You to UpHi Cannabis Emporium with respect to the Application shall remain the sole and exclusive property of UpHi Cannabis Emporium. UpHi Cannabis Emporium shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

 

Modifications to the Application

UpHi Cannabis Emporium reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

 

Updates to the Application — UpHi Cannabis Emporium may, from time to time, provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications.

 

Updates may modify or delete certain features and/or functionalities of the Application. You agree that UpHi Cannabis Emporium has no obligation to (i) provide any Updates or (ii) continue to provide or enable any features and/or functionalities of the Application to You.

 

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application and (ii) subject to the terms and conditions of this Agreement.

 

Maintenance and Support

UpHi Cannabis Emporium does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, UpHi Cannabis Emporium, not the Application Store, shall be obligated to furnish any such maintenance or support.

 

Third-Party Services

The Application may display, include, or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services.

 

You acknowledge and agree that UpHi Cannabis Emporium shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.

 

UpHi Cannabis Emporium does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services. You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

 

 

 

 

Privacy Policy

UpHi Cannabis Emporium collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy:

 

By accepting this Agreement, you acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

 

Term and Termination

This Agreement shall remain in effect until terminated by You or UpHi Cannabis Emporium.

 

UpHi Cannabis Emporium may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

 

This Agreement will terminate immediately, without prior notice from UpHi Cannabis Emporium, if you fail to comply with any provision of this Agreement.

 

You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or your computer.

 

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your Device.

 

Termination of this Agreement will not limit any of UpHi Cannabis Emporium’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

 

Indemnification

You agree to indemnify and hold UpHi Cannabis Emporium and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

 

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.

 

To the maximum extent permitted under applicable law, UpHi Cannabis Emporium, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice.

 

Without limitation to the foregoing, UpHi Cannabis Emporium provides no warranty or undertaking and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither UpHi Cannabis Emporium nor any of UpHi Cannabis Emporium’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of UpHi Cannabis Emporium are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You.

 

But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

To the extent any warranty exists under law that cannot be disclaimed, UpHi Cannabis Emporium, not the Application Store, shall be solely responsible for such warranty.

 

Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of UpHi Cannabis Emporium and any of its suppliers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or $5.00 USD if You haven’t purchased anything through the Application.

 

To the maximum extent permitted by applicable law, in no event shall UpHi Cannabis Emporium or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if UpHi Cannabis Emporium or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some provinces/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

 

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

 

Severability and Waiver

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

 

Product Claims

UpHi Cannabis Emporium does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, UpHi Cannabis Emporium, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

 

Changes to this Agreement

UpHi Cannabis Emporium reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is, in UpHi Cannabis Emporium’s sole discretion, deemed to be material, we will provide at least 30 days’ notice prior to any new terms taking effect.

 

What constitutes a material change will be determined at the sole discretion of UpHi Cannabis Emporium.

 

By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, you are no longer authorized to use the Application.

 

Governing Law

The laws of the Province of Ontario, Cananda, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, national, or international laws.

 

Entire Agreement

The Agreement constitutes the entire agreement between You and UpHi Cannabis Emporium regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and UpHi Cannabis Emporium.

 

You may be subject to additional terms and conditions that apply when You use or purchase other UpHi Cannabis Emporium’s services, which UpHi Cannabis Emporium will provide to You at the time of such use or purchase.

 

 

Contact Us

If you have any questions about this Agreement,

You can contact Us:

By email: info@UpHiCannabis.com

By visiting this page on our website: https://www.UpHiCannabis.com