These terms and conditions of use (“Terms”) govern the access or use by you as a user of all applications, websites, content, products and Services (as defined below) as made available by Puffski. Inc., a private corporation established in Alberta, Canada, (“Puffski”, “we”, “us” or “our”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS BELOW.

In addition to these Terms, Puffski’s collection and use of personal information in connection with your use of the Services is as provided in Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SERVICES.

You may not use the Services if you are a (a) person who is not of legal age or capacity to form a binding contract with Puffski or (b) person who is barred from receiving the Services under the laws of any jurisdiction in which you are a resident or from which you are using the Services.

These Terms also expressly supersede all prior agreements or arrangements with you. Puffski may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny you access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in connection with the applicable Service. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the applicable Service. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service.

Puffski may amend the Terms related to the Services from time to time. Amendments will be effective upon Puffski’s posting of such updated Terms at www.puffski.com. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Should Puffski amend these Terms in a material way, we will notify you directly, including but not limited to by email, telephone or mailing address.

• a) “Application” has the meaning set out in section 3
• b) “Charges” has the meaning set out in section 4.2.
• c) “Contractor” means an independent third party provider of services under agreement with Puffski or certain Puffski affiliates.
• d) “Dispute” has the meaning set out in section 15.
• e) “Promo Code” or “Promo Codes” have the meaning set out in section 4.4.
• f) “User Account” has the meaning set out in section 4.1.
• g) “User Content” has the meaning set out in section 9.

The “Services” constitute a technology platform that enables a User of Puffski’s mobile application (the “Mobile App”) or websites (each, an “Application”) to locate dispensaries and doctors as well as search for brands across Canada. Additional services may include facilitating users in arranging and scheduling cannabis delivery from dispensary to user, provided by Puffski’s Contractor (a function that is not currently available). Unless otherwise agreed to by Puffski in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

The Services are provided to you by Puffski and Puffski’s brands, subsidiaries, affiliates and Contractors.

For further certainty, Puffski does not provide Delivery Services nor functions as a cannabis delivery service provider. Users acknowledge that all such delivery services are provided by independent peer-to-peer on-demand contractors who are not employed by Puffski or any of its affiliates.

Subject to your compliance with these Terms, Puffski grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. The terms of this license will also govern any upgrades provided by Puffski that replace and/or supplement the original Applications, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. Any rights not expressly granted herein are reserved by Puffski and Puffski’s licensors.

In order to use most aspects of the Services, you must register for and maintain an active personal account (“User Account”). You must be at least 18 years of age, or the age of legal majority to purchase cannabis or cannabis-related products in your jurisdiction (if different than 18), to obtain a User Account. You shall not authorize third parties to use your User Account, and you shall not allow persons under the age of 18, or under the age of legal majority to purchase cannabis or cannabis-related products in your jurisdiction (if different than 18), to obtain Services from a Contractor. Unless otherwise permitted by Puffski in writing, you may only possess one User Account. You shall not assign or otherwise transfer your User Account to any other person or entity. Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to any of the Applications or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

User Account registration requires you to submit to Puffski certain personal information, including your name, address, and mobile phone number, as well as at least one valid payment method (either an operable credit card or accepted payment partner). You hereby authorize Puffski (or its authorized payment processor) to charge the credit/debit card number provided to Puffski, and you represent and warrant that you are authorized to use and have fees charged to the credit card number provided to Puffski. You may withdraw such authorization by utilizing the cancellation mechanism provided via the Service, or by emailing us at admin@puffski.com. You agree to maintain an operable, usable credit card, together with accurate, and up-to-date information in your User Account. Your failure to maintain accurate, complete, and up-to-date User Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Puffski’s termination of these Terms with you. See Section 4.2 for further details regarding payment.

You agree to comply with all applicable laws when using the Services, and you agree that you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or cause property damage, whether to the Contractor or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Puffski reserves the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

Browsing the Applications and setting up a basic account is free. However, certain Services may incur additional fees, which will be designated at the time they are requested and may be covered by additional terms specific to those offerings (“Charges”). You understand that your use of these Services shall result in charges to you for the Services you receive from a Contractor. After you have received Services, Puffski will facilitate your payment of the applicable Charges on behalf of the Contractor as the Contractor’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to theContractor. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Puffski in Puffski’s sole and absolute discretion. All Charges are due immediately and payment will be facilitated by Puffski using the preferred payment method designated in your User Account. All payments must be made in Canadian Dollars and by credit/debit card via an authorized Puffski payment processor. If your primary User Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Puffski may, as the Contractor’s limited payment collection agent, use a secondary payment method in your User Account, if available. See Section 4.1 for further details regarding stored payment methods.

This payment structure is intended to fully compensate the Contractor for Services provided. Puffski does not designate any portion of your payment as a tip or gratuity to the Contractor. Any representation by Puffski (on Puffski’s website, in the Application, or in Puffski’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that you provide any additional amounts, beyond those described above, to the Contractor. You understand and agree that, while you are free to provide additional payment as a gratuity to any Contractor who provides you with Services, you are under no obligation to do so. Gratuities are voluntary. After you have received a Service, you will have the opportunity to rate your experience, add a tip, and leave additional feedback about your Contractor.

By creating a User Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Puffski at any time by texting STOP in response to an SMS sent by Puffski. You acknowledge that opting out of receiving text (SMS) messages may negatively impact your experience and use of the Services.

In the event you wish to unsubscribe from receiving promotional email communications from Puffski, you may opt-out by:

• Removing yourself by clicking “unsubscribe” at the bottom of an email we send you, or
• Contact us at: admin@puffski.com.

Puffski may, in Puffski’s sole discretion, create promotional codes (“Promo Code”) that may be redeemed for User Account credit, or other features or benefits related to the Services and/or a Contractor’s provision of Services, subject to any additional terms that Puffski establishes on a per Promo Codes basis. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Puffski; (iii) may be disabled by Puffski at any time for any reason without liability to Puffski; (iv) may only be used pursuant to the specific terms that Puffski establishes for such Promo Codes; (v) are not valid for cash; and (vi) may expire prior to your use. Puffski reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that Puffski determines or believes that the use or redemption of the Promo Codes was in error, fraudulent, illegal, or in violation of the applicable Promo Codes terms or these Terms.

By downloading or installing the Mobile App, published by Puffski, you consent to the installation of the Application, further described in these Terms and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the Application. To request removal or disabling of the Mobile App, please contact Puffski at Puffski, Inc., 1803 Bowness Rd NW, Calgary, AB T2N 3K5 or email admin@puffski.com.

YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that the Mobile App (including any updates or upgrades) may (i) cause your device to automatically communicate with Puffski’s servers to deliver the functionality described in these Terms (and as described where you downloaded the Mobile App) and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as set out in our Privacy Policy.

Your telecommunications services provider may impose data charges when you use the app or for data charges for the updating or upgrading the app if you have not restricted updates and upgrades to Wi-Fi connections.

Except as expressly authorized by these Terms, you

may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Puffski; (iii) decompile, reverse engineer or disassemble the Services except as may be expressly permitted by Puffski or as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

As a condition of your use of the Application, you warrant that you will not use the Application for any purpose that is unlawful or prohibited by these Terms, or act fraudulently or maliciously, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or by hacking into or inserting malicious code, including viruses, or harmful data into the Application, the Services or any operating system. You may not use any trademarks, service marks or copyrighted materials appearing on the Application, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate any of the Application content or other materials on the Application without prior written consent of Puffski. You further agree not to do any of the following in connection with the Service: (i) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service; (ii) use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that unlawful or that violates these Terms; and (iii) circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.

If you violate any of these Terms, in addition to any other remedies Puffski or its providers may have, your permission to use the Application immediately terminates without the necessity of any notice. Puffski retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Puffski does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Puffski does not endorse such third party services and content and in no event shall Puffski be responsible or liable for any products or services of such third parties. Additionally, Apple Inc., Google Inc., or Microsoft Corporation and/or their applicable international subsidiaries and affiliates for example will be third-party beneficiaries to this contract if you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows mobile devices respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

The Services and all rights therein are and shall remain Puffski’s property or the property of Puffski’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Puffski’s company names, logos, product and service names, trademarks or services marks or those of Puffski’s licensors.

Puffski may, in Puffski’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Puffski through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Puffski, you grant Puffski a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Puffski’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Puffski the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Puffski’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree that all User Content, as determined by Puffski in its sole and absolute discretion, does not do any of the following:

• • commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever
• • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
• • infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation, any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property
• • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
• • delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded
• • falsify the origin or source of software, information or other material contained in a file that is uploaded
• • advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and
• • download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.

Puffski may, but shall not be obligated to, review, monitor, or remove User Content, at Puffski’s sole and absolute discretion and at any time and for any reason, without notice to you.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Puffski does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

The content on our Applications is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Applications, we make no representations, warranties or guarantees, whether express or implied, that the content on our Applications is accurate, complete or up to date. Your use of the Applications and the Services are at your own risk and Puffski has no responsibility or liability whatsoever for your use of the Applications and the Services.

The Applications includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by Puffski, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Puffski. Puffski is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

The owner of the Application is based in Canada. We provide these Services for use only by persons located in Canada. This Application is not intended for use in any jurisdiction where its use is not permitted. If you access the Application from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Puffski DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Puffski MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Puffski DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CONTRACTORS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING ANY DELIVERY REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Puffski SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF Puffski HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Puffski SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CONTRACTOR, EVEN IF Puffski HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Puffski SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Puffski’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CONTRACTORS PROVIDING DEILIVERY SERVICES REQUESTED MAY NOT BE LICENSED OR PERMITTED. IN NO EVENT SHALL Puffski’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED CANADIAN DOLLARS ($500).

Puffski’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH CONTRACTORS, BUT YOU AGREE THAT Puffski HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE, INCLUDING DELIVERY SERVICES PROVIDED TO YOU BY CONTRACTORS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

You agree to indemnify and hold Puffski and Puffski’s officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your use of the Services, your breach or violation of any of these Terms, Puffski’s use of your User Content, or, your violation of the rights of any third party, including Contractors.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the province of Alberta, Canada. Any dispute, including a conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms (“Dispute”), including those relating to its validity, its construction or its enforceability shall be first mandatorily submitted to mediation proceedings under the laws of the laws of the province of Alberta, Canada.

If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the laws of the province of Alberta, Canada. The Dispute shall be resolved by one (1) arbitrator. The place of both mediation and arbitration shall be Calgary, Alberta, Canada. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

You may not assign or transfer these Terms in whole or in part without Puffski’s prior written approval which approval may be unreasonably withheld. You give your approval to Puffski for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Puffski’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Puffski or any Contractor as a result of the contract between you and Puffski or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Puffski may give notice by means of a general notice on the Services, by electronic mail to your email address in your User Account, or by written communication sent to your address as set forth in your User Account. You may give notice to Puffski by email communication to admin@puffski.com.

All notices of copyright infringement claims should be sent to should be sent to Puffski at admin@puffski.com.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at admin@puffski.com:

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [admin@puffski.com].