- By using this Platform and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Platform and access to the Online Content and Courses is limited to Users.
- Your use of and access to this Platform and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
- You agree to use the Platform and access the Online Content and Courses only for lawful purposes and your use of the Platform and Online Content and Courses is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our business partners either reputationally or financially;
- You agree not to use or access the Platform or the Online Content and Courses for the purpose of contacting, harming or attempting to harm minors in any way;
- Other than links and content marked as shareable and/or for distribution by Users (for example, strain cards, images, sell sheets or other content on the Platform, provided by Organigram for sharing by Users via personal and/or retail/corporate social media accounts) (“Shareable Content”), you agree not to distribute all or any part of the Platform or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Platform and permitted by these Terms. Further, you acknowledge that Shareable Content is intended to be acceptable for dissemination in appropriately age-gated online channels under federal rules, but that additional provincial/store-level restrictions may apply.
- You agree to vet, prior to sharing on social media or otherwise, Shareable Content, for consistency with your own established content rules and best practices;
- You agree not to alter or modify any part of the Platform or the Online Content and Courses;
- You agree not to access the Platform or Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third-party web browsers such as Chrome, Firefox or Safari;
- You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Platform or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Platform or access to the Online Content and Courses;
- You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Other than your use of Shareable Content in accordance with these Terms, you agree not to use or access the Platform or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
- the sale of access to the Online Content and Courses or any associated content;
- the solicitation of business in the course of trade or in connection with a commercial enterprise; and
- the solicitation of any Visitors or Users of the Platform with respect to their content for commercial purposes;
- You agree to use the Platform and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Platform, Online Content and Courses;
- You agree not to collect, use or disclose any personal information of any Visitor or User of the Platform or Online Content and Courses;
- You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
- You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Platform (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
- You agree not to use any high volume, automated, or electronic means to access the Platform or the Online Content and Courses (including without limitation robots, spiders or scripts);
- You agree not to frame the Platform or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
- You agree not to access or attempt to access any other Visitor or User’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present;
- You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Platform; and
- You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies.
- You acknowledge and agree that the form and nature of the Platform and Online Content and Courses which we provide may change from time to time without prior notice to you.
- You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform, Online Content and Courses (or any part of the Online Content and Courses) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.
- You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
Registration and Accounts
- In order to participate fully in all activities on the Platform and take part in the Online Content and Courses, you must register for a personal account on the Platform (a “User Account”) by providing a name, name and/or location of store where you are employed, an email address and a password. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason.
- In setting up your User Account, you may be prompted or required to enter additional information, including date of birth, location and any other information.
- You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete. It is your responsibility to keep your Account details safe.
- By registering with HigherEd for a User Account, you agree (in addition to the Acceptable Use Conditions above) that you:
- are, and will continue to be, registered for the Platform only once and will not set up multiple User Accounts; and
- will not let anyone else use your User Account.
- We reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, without cause or notice to you.
- The Platform may provide information and/or allow for registration relating to in-person and online events (each, an “Event”). Events may have their own terms and conditions that apply, and it is your responsibility to ensure you have read and that you understand all such Event terms and conditions upon Event registration.
- Branded products or services or other promotional items may be available to Users for participation in or successful completion of Online Content and Courses (“Swag”).
- Availability of Swag is in no way guaranteed, and we will have no obligation to provide Swag, or liability to you with respect to the provision or availability of Swag.
Licence to use
- Subject to your compliance with these Terms, we grant you a revocable, worldwide, non-exclusive, non-transferable, non sub-licensable, limited right and license:
- to access, internally use and display the Platform and Online Content and Courses for your individual, non-commercial use, solely as necessary to view and/or participate in the Online Content and Courses as permitted by these Terms; and
- to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
- You must abide by all copyright notices or restrictions contained on the Platform or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Platform or the Online Content and Courses.
- Throughout your use of the Platform and the Online Content and Courses, you may be able to provide content to the Platform by uploading notes and replies, User discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”).
- We do not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Online Content and Courses. Accordingly, subject to the licence granted to us, the User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
- With respect to any User Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such User Content on the Platform and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of the Platform and the Online Content and Courses. We reserve the right to remove any User Content without notice at any time and for any reason.
- To the extent that you provide any User Content, you represent and warrant that:
- you have all necessary rights and/or licenses to provide such User Content and permit us to use and publish such User Content as provided herein;
- such User Content is accurate and complete; and
- such use and/or publication of your User Content does not and will not infringe or misappropriate any third party intellectual property rights or constitute a fraudulent statement or misrepresentation.
- With respect to any submissions of User Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content.
- You agree to use communication methods available on the Platform and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms and all relevant Policies referred to herein.
- By using any of the communication methods available on the Platform and/or the Online Content and Courses, you agree that:
- all communication methods constitute public, and not private, means of communication between you and any other parties;
- communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
- most content will be reactively moderated if flagged by Users or Visitors, but we reserve the right to pre-review or post-review User Content to ensure that it complies with generally acceptable standards of communication.
- You acknowledge and agree that the services set out above may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
- It is our policy that any content included on the Platform or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Platform as soon as possible after we are made aware of such infringement or potential infringement.
- We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
Privacy and Security
Linking to Other Sites
- The Platform may contain links to sites and pages that are associated with or promoted by Organigram. However, the Platform may also contain links to pages on other Platforms that we do not have an association with (“Non-Affiliated Linked Sites”), and those Non-Affiliated Linked Sites may contain content or offer products and/or services for sale.
- We do not author, edit, control, or monitor these Non-Affiliated Linked Sites. You acknowledge and agree that:
- we have no responsibility for the accuracy or availability of information provided by Non-Affiliated Linked Sites; and
- we do not control or endorse the sponsors of such Non-Affiliated Linked Sites or the content, products, advertising or other materials presented on such Non-Affiliated Linked Sites.
- We may remove any links to Non-Affiliated Linked Sites from the Platform at any time for any reason.
- We will not be liable for any transactions conducted by you with third parties through any Non-Affiliated Linked Site or for any liability arising from any representations or information provided on such Non-Affiliated Linked Sites.
- We appreciate that Non-Affiliated Linked Sites may contain material in which the operator of the Non-Affiliated Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Non-Affiliated Linked Site does not create or imply any relationship or partnership between us and the operator of such Non-Affiliated Linked Site.
Intellectual Property Rights
- Other than any content submitted to the Platform by you, we are the owner or the licensee of all necessary intellectual property rights in all aspects of the Platform and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence described above.
- If any Online Content and Courses IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Platform.
- You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
Indemnification by you
- You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- you submitting User Content to the Platform or participating in the Online Content and Courses;
- your access to or use of the Platform or Online Content and Courses;
- your breach of any of these Terms; and
- any negligent act or omission, deliberate default or breach of statutory duty on your part.
- Each indemnity in this paragraph is separate and independent from the other obligations in these Terms.
- These indemnification obligations survive the expiry of these Terms.
- The Platform and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
- We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
- any loss of profit (directly or indirectly);
- any loss of goodwill; and
- any loss of opportunity.
- We provide the Online Content and Courses on the Platform in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Platform does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Platform and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Platform, we accept no liability for them.
- Information transmitted via this Platform will pass over public telecommunications networks. We make no representation or warranty that the operation of this Platform will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
- We accept no responsibility for any loss or damage incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform or in relation to the Online Content and Courses;
- any changes which we may make to the Platform or Online Content and Courses, or for any temporary interruptions in the provision of the Platform or Online Content and Courses;
- the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Platform;
- your failure to provide us with accurate account information; or
- your failure to keep your account details secure and confidential.
- We reserve the right to suspend your use of the Platform and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
- We may terminate your User Account or access/use of the Platform with immediate effect:
- if we reasonably believe you or any User you are connected with are in breach of any of these Terms;
- in order to prevent any fraudulent, unlawful or abusive activity; or
- if it is necessary to prevent or stop any harm or damage to us, other Users of the Platform or the general public.
- These Terms, your use and access to the Platform, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of New Brunswick, and the federal laws of Canada applicable therein.
- Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Platform, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of New Brunswick.
Changes to the Platform and these Terms
- We may update or amend these Terms (as well as our Policies) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Platform and you are advised to check this page every time you use the Platform.
- For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
Other Important Terms
- If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
- We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
- These Terms and the Policies set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.