NaKay Health
Terms of Service

Terms of Service

Terms of Use

Our Terms of Use were posted on Jan 27, 2022 and last updated on Jan 31, 2022.

Please review all of the terms and conditions carefully before using Our Service.

Interpretation

The definitions below, identified in the text via capitalization, shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate refers to any entity which controls, is controlled by, or is under common control of a party, where “control” is defined by ownership of 50% or more of shares, equity, interest or other securities entitled to vote for election of directors or any other managing authority.
  • Account defines the unique account created by You to access parts of our Service.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to NaKayHealth inc.
  • Content refers to content including, but not limited to, text, images, or other information that may be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device refers to any device that can access the Service such as a computer, cellphone or digital tablet.
  • Feedback means any feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Products refer to any product or item offered for sale on the Service.
  • Orders mean a request by You to purchase Products from Us.
  • Promotions refer to contests, or any other promotion offered by the Company through the Service.
  • Service refers to the Website www.nakayhealth.ca, as well as any of our social media pages.
  • Terms and Conditions (also referred as “Terms” or “Terms of Use”) mean the Terms and Conditions forming the agreement between You and the Company regarding use of the Service.
  • Third-party Social Media Service refers to any and all services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to nakayhealth.ca, accessible from https://www.nakayhealth.ca.
  • You indicates the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Legal advice refers to any work, service or communications which are regulated in Your jurisdiction to be performed by, or under the supervision of a licensed attorney; determination of any legal consequences that may result from creation or use of a legal document; any potential confusion, conflict or misinterpretation of information entered into a legal document; potential omissions of necessary information in legal documents.

Acknowledgment

Your continuing use of Our Service indicates your agreement to be bound by all the Terms and Conditions outlined in this agreement.  If you are not in agreement with the Terms and Conditions outlined in this document it is incumbent on you to discontinue your use of the Service.  We reserve the right to alter this agreement at Our sole discretion and Your continued use after any such changes indicates Your acceptance of the change. 

These Terms and Conditions must be accepted by all visitors and users at any time who access and/or use the Service.  Use is conditioned on acceptance and compliance with all the current Terms and Conditions, including any future changes and updates to said Terms and Conditions.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without written consent of a parent or guardian.

Use of the Service is further conditioned on Your acceptance of and compliance with the most current Privacy Policy of Nakay Health Inc.  Before using Our service please click the link to review carefully the policies and procedures of the Service on the collection, use and disclosure of Your personal information when You use the Website or any of our social media pages and tells You about the protection of Your privacy as regards the information Provided by You to the Service. 

Legal Advice Disclaimer for Our Products

NaKay Health is not a law firm nor do we provide Legal Advice.  Your use of Our forms and information for all Products and Services, including but not limited to, sample templates, informational posts, and all media offerings, does not create a solicitor-client relationship between You and NaKay Health Inc.

Use and access of any materials provided by Us or any Affiliate Product or Service is done at Your full discretion and responsibility.  Further You are in agreement that any and all decisions made by You regarding
legal matters are Your sole responsibility and You agree to retain
licensed legal counsel currently practicing in your jurisdiction regarding any
legal issue of enough importance to reasonably require it. 

You agree that NaKay Health does not provide Legal Advice, and any communications to You from the Service, its employees or any associated entity which is defined as Legal Advice is not authorized by Us and it is incumbent on You to immediately delete and disregard any such communications.

We do not guarantee applicability of any Product or Service for your unique needs and situations. You will at all times look to any attorney, paralegal, or licensed physician to determine the most appropriate and up to date Product for Your needs.

You understand that it is Your responsibility to ensure that any documents that You create as a result of education and information You receive from Us are appropriate for you and any

NaKay Health Inc. is not liable and gives no representations or warranties, express or implied, that the information and resources of the Service are free of error or omissions, the most up-to date or accurate.

Placing Orders for Products

You warrant that You are legally capable of entering into binding contracts when placing an order for any Product offered by the Service.  Products from our dispensary are governed by the Fullscript Terms of Service, please review and agree with these terms prior to initiating an order.  Returns of Product are also governed by their policy.

Your Information

Should you wish to view, or place an order for Products available on the Service You may be required to supply certain relevant information including, but not limited to, Your name, email, phone number, credit card information, Your billing and shipping addresses.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with this order; and that (ii) the information You supply to the Service is true, accurate and complete.

In submission of such information You are voluntarily granting Us the right to provide such information to Third Parties for the purposes of facilitating the completion of Your order.

Order Cancellation

We reserve the right to refuse or cancel Your order at any time for any reason, including but not limited to:

  • Product availability
  • Errors in the description or price for Products
  • Errors in Your order
  • Suspician of fraud or an unauthorized or illegal transactions

Any Products purchased by You can only be returned or refunded in accordance with these Terms and Conditions.

Product Availability and Accuracy

We, and our third party suppliers are constantly updating Our offerings of Products on the Service.  Products available may be mis-priced, inaccurately described, or unavailable, and/or We may experience delays in updating information regarding said Products on the Service as well as in Our advertising on other websites.

We cannot and do not guarantee accuracy or completeness of any information, including prices, product images, specifications, and availability. We reserve the right to change or update information as well as correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing Policy

The Company reserves the right to revise the prices of any Product at any time prior to an order being placed. 

Quoted prices may be revised by the Service subsequent to accepting an order in the event of an occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other circumstance that is beyond the control of the Service. In that event, You shall have the right to cancel Your order.

Promotions

The Service may offer Promotions at times that may be governed by rules not defined in these Terms.  Prior to participation in any Promotions it is Your responsibility to review the applicable rules as well as our Privacy Policy.  In the event of a discrepancy between these Terms and those of a Promotion, the rules of the Promotion shall apply.

User Accounts

Upon creation of an account with Us, you will be required to provide information that is accurate, up to date, and complete at all times.  Failure to comply shall be considered a breach of the Terms of Service, this may result in the termination of Your account without prior notification to You.

Use of our Service indicates Your agreement to be responsible for any and all activities and actions done under Your password, whether on Our Service or a Third-Party Social Media or Affiliate Service.  You agree to safeguard Your password and not to disclose it to any third party.  Should You become aware of any unauthorized use, or breach in security relating to Your account.  Your username must not be the name of a person or entity that is not lawfully available for use without appropriate authorization, usernames that are offensive, vulgar or obscene as determined by the service are not allowed

Content

Rights for User Supplied Content

Our Service allows You to contribute user posted Content.  You agree to take responsibility for Content that You post to the Service, including the legality, reliability, and appropriateness of said Content.  Posting Content constitutes Your agreement to grant us the right to use, review, modify, delete, publicly display, reproduce, and distribute any Content posted on the Service by You.  You retain Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. This license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Term:

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any entity or person.

Content Restrictions

The Company is not responsible for the content of the Service’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, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation.
  • 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 another party, including patent, trademark, copyright, or other rights.
  • Impersonating another person or entity including the Service and/or its employees or representatives.
  • Violating the privacy of any third person or entity.
  • False or misleading information.

The Service reserves the right, but not the obligation, to, at its sole discretion, determine the compliance or appropriateness of any Content regarding these Terms, and to refuse or remove Content. The Service further reserves the right to format and/or edit any user submitted Content. We may at Our sole discretion limit or revoke the use of the Service should You post objectionable Content. You agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Service 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.

Content Backup

The Service makes no guarantee there will be no loss or corruption of data that may occur as a result of changes that occur during backups or for any other reason whatever.

We will provide support and attempt to troubleshoot known or discovered issues that may affect the backup of Content. But You acknowledge that the Service has no liability related to the integrity of Content or obligation to successfully restore Content to a usable state.  You agree to maintain a complete and accurate copy of any of Your Content in a location independent of the Service.

Copyright

Intellectual Property

It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.  Such Content will be removed immediately upon proof and review of such infringement.

If You are a copyright owner, or authorized on behalf of one, and You believe Content has been used in a manner that constitutes copyright infringement through the Service, You must submit Your notice in writing to Our attention on our Contact Us form. Please include in Your notice a detailed description of the alleged infringement.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been
    infringed, including the URL (i.e., web page address) of the location
    where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the
    disputed use is not authorized by the copyright owner, its agent, or the
    law.
  • A statement by You, made under penalty of perjury, that the above
    information in Your notice is accurate and that You are the copyright
    owner or authorized to act on the copyright owner’s behalf.

You may be held accountable for damages (including all costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, and other laws of both the Country and foreign countries.

Our name, Content, and logo may not be used in connection with any product or service without prior written consent from Us.

Your Feedback

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without any restriction whatsoever, and without compensation or credit to You.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.  We may get affiliate marketing income from some of these links. 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for loss or damages that may be caused by or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You access.

Account Termination

The Service reserves the right to terminate or suspend Your Account immediately, and without prior notice or liability, for any reason whatsoever, including without limitation the breach these Terms and Conditions by You.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Service and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 CAD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Service 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 Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Service or any supplier thereof have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” including all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Service, 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 Service. We provide no warranties and make no representation of any kind that the Service will meet Your requirements, or achieve any intended results, be compatible or work with any other hardware or software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free nor do we guarantee that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Service nor any of its provider make any representation or warranty of any kind, express or implied: as to the operation or availability of the Service, or the information, content, and materials or products included thereon; that the Service will be uninterrupted or error-free; as to the accuracy, reliability, or currency of any information or content provided through the Service; or that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, or other harmful components.

Where jurisdictions do not allow for the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, some or all of 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.

Governing Law

The laws of Canada, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.  Please review the laws and regulations in the country where You reside prior to use of Our Service.

Resolution of Disputes

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. In the event that a revision is material We will make a reasonable effort to provide 30 days notice prior to the new Terms taking effect. We reserve the right to determine what constitutes a material change at Our sole discretion.

In continuing to access or use Our Service after such revisions become effective, You agree to be bound by the revised Terms. In the event that You do not agree to the new terms, in whole or in part, you must cease your usage of both the website and the Service.