COSA TERMS AND CONDITIONS

 

This website (the “Site”) and the services and tools it offers are owned and operated by COSA,  a division of Rebus Ventures Inc. (“Rebus”, “COSA”, “we”, “our” and “us”, including where applicable, any affiliates of Rebus or COSA). In order to access and use the services provided on the Site (the “Services”) or to purchase any product offered for sale through the Site (the “Products”), you must agree to these Terms and our Privacy Policy.

Not Medical Advice: The Site, including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”), is provided for general informational purposes only, does not constitute a representation as to the efficacy of any of the Products and is not intended to provide, or to be a substitute for, professional medical advice.

ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THIS SITE.

If you think you may have a medical emergency, call your doctor or 911 immediately.

 

About these Terms and Conditions: These Terms and Conditions, and the associated Privacy Policy, govern your access to and use of the Site. You should read these Terms and Conditions and the Privacy Policy carefully before using this Site.

Your access or use implies agreement: You must read and accept all of the terms in these Terms and Conditions and the Rebus/COSA Privacy Policy. We strongly recommend that, as you read these Terms and Conditions, you also access and read the linked information. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT information@cosa.life. By visiting this Site you agree that these Terms and Conditions and the Privacy Policy will apply whenever you use the Site or Rebus/COSA services.

 

Modifications to the Terms and Conditions: www.cosa.life may revise and update these Terms and Conditions at any time. Your continued usage of the Site after any changes to these Terms and Conditions will mean you accept those changes. A notification of any changes to the Terms and Conditions will be posted prominently on the Site home page if and when these Terms and Conditions are updated.

 

Eligibility, Residence/Age: The Site, Services, and the Products are not intended for use by minors. For the purposes of these Terms, a “minor” is someone who has not reached both: (a) the age eighteen; and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed by the user. If you are a minor, you are not permitted to access or use the Site.

 

Regulations: The Services or Products available on the Site are intended for tobacco use only. By registering an Account and purchasing Products or Services, you represent and warrant that you are not aware of any reason why your use of the Services would violate any applicable laws.

 

Site Registration and Password: To use the services of the Site, you may register with the Site as a User. When registering, you are required to provide all of the “Registration Information” requested on the Site. Once you have completed the registration process you will become a “Registered User”.  During the registration process for your Account, you are required to create a password, and user identification (a “User ID”). Your password and User ID will identify you and associate you with a specific Account. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your www.cosa.life password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. Therefore, if your password has been compromised for any reason, you should immediately notify www.cosa.life and change your password.

 

Responsibilities: You are responsible for maintaining the confidentiality of your User ID and password, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify COSA of any unauthorized use of your Account or any other breach of security; and (b) ensure that you log out from your Account at the end of each session. You agree that you are responsible for all activities performed using your Account and that COSA has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with your obligations while accessing the Products or Services.

 

Prohibited Use of the Services and Products: You agree not to make any unlawful use of the Services or Products.

 

Sale of Products: COSA reserves the right, in its sole discretion, to refuse orders for reasons including, without limitation. If we believe that you have made a false or fraudulent order, COSA is entitled to cancel the order and inform the relevant authorities.

 

Prices: Prices for all Services and Products are subject to change without notice. Applicable sales taxes and shipping fees will be added prior to purchase. COSA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE SUITABILITY OR EFFECTIVENESS OF THE PRODUCTS FOR ANY PURPOSE.

 

Order Limits: All sales are subject to availability. COSA may, in its sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

 

Order Fulfillment and Delivery: Orders placed will normally be processed for shipment within 1-2 business days.

 

Refunds or Exchanges:  COSA stands behind the quality of the Products. If you are unsatisfied for any reason, please contact us at information@cosa.life to address your concerns.  COSA may, at its sole discretion, offer credit for future purchases of Products in exchange for returned Products.

 

Using the Site: You may view and print out webpages from the Site for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without COSA/REBUS’s consent. Except as expressly permitted by COSA/REBUS, you may not use the Site or any Content for commercial purposes.

 

Prohibited Use of the Site:  You may not use the Site or any Content for any unlawful purpose. COSA/REBUS makes no representation that the Site or the Services are appropriate or available for use in all locations, and accessing the Site from or using the Services in jurisdictions where the Site or the Services are illegal is prohibited. If you choose to access the Site or use the Services from such a jurisdiction, you do so on your own initiative and you are responsible for compliance with applicable local laws.

 

While using the Site, services and tools, you will not:

  • Violate any laws, third party rights or our policies;
  • Use our Site, services or tools if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from using our Site, services or tools;
  • Use this Site in any manner which could damage, disable, overburden or impair this Site;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Transfer your www.cosa.life account and User ID to another party without our consent;
  • Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • Interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
  • Distribute viruses or any other technologies that may harm www.cosa.life, or the interests or property of Registered Users;
  • Use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site;
  • Attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access;
  • Copy, modify or distribute rights or content from the Site, service or tools or www.cosa.life’s copyrights and trademarks; or
  • Harvest or otherwise collect information about Registered Users, including email addresses, without their consent.

 

Content Posted by You: You agree you are and shall remain solely responsible for the contents of any submissions you make (the “User Content”), and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

 

Abuse and Infringement: ww.cosa.life works to keep our Site and services working properly. Please report problems, offensive content and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate any user account, limit access to Products or Services, prohibit access to our Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of COSA/REBUS or third parties, or otherwise acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Registered Users who may be repeat infringers of intellectual property rights of third parties or for other reasons. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Site, services or tools, at our discretion.

 

No spam, Spyware or Spoofing:  www.cosa.life does not tolerate spam. Make sure to set your www.cosa.life communication preferences so we communicate to you as you prefer. You may not use our communication tools to send spam or otherwise send content that would violate these terms and conditions.

 

Payment of Fees: Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our Site and services in a timely manner with a valid payment method.

 

Accuracy of Site Content: All Content is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site is regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. COSA/REBUS assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. COSA/REBUS does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, which appears on the Site. Under no circumstances will COSA/REBUS be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. By using the Site, you acknowledge and agree that COSA/REBUS and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.

 

Content and Intellectual Property Rights: © 2018 COSA, REBUS Ventures Inc. or its suppliers. All rights reserved. The copyright for the content on this Site is owned or licensed by www.cosa.life and is protected under the Copyright Act (Canada), through common law rights, and by other copyright laws in other countries. No material on this Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of COSA/REBUS. Nothing on the Site, or your use of the Services, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary rights of COSA/REBUS or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.

 

Trademarks: The product names, company names and logos of COSA or any affiliate used on this Site may be trademarks, including registered trademarks of COSA/REBUS. Such product names, company names and logos of COSA may not be copied, imitated or used, in whole or in part, without the prior written consent of COSA and any owners or other relevant parties relating to the trademarks. Other product and company names mentioned on this Site may be the trademarks of their respective owners.

 

Reservation of Rights: The Products, the Services, or other of COSA’s methods and processes may be covered by one or more patents, other statutory intellectual property rights or non-statutory intellectual property rights held by COSA or a third party, and may be subject to trade secret and other proprietary rights. COSA and any applicable third parties reserve all such rights.

 

Privacy: We use your information only as described in the Privacy Policy, which may be found here.

 

Confidentiality: The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and COSA will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if COSA communicates such information to you at your request.

 

Outbound Links: The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you and a function of the Site, not as an endorsement by COSA. COSA makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website. COSA may receive payments or commissions from operators of linked websites in relation to goods or services supplied by the operator as a result of you linking to the third-party website from the Site.

 

Inbound Links: COSA generally encourages and agrees to your linking to the web pages on this Site through a plain text link or logo link on your website without the need for agreement between yourself and COSA, provided you otherwise comply with these Terms and Conditions.

 

No agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Disclaimers, Indemnification and Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COSA IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION USER OF THE PRODUCTS OR SERVICES, OR WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.

 

IF YOU CHOOSE TO USE THE SITE OR ANY FUNCTIONALITY OF THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND ANY FUNCTIONALITY OF THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COSA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY LAW. COSA MAKES NO WARRANTY THAT THE SITE OR ANY FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COSA/REBUS MAKES NO WARRANTY REGARDING THE QUALITY OF THE PRODUCT, THE SERVICES OR TOOLS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COSA OR THROUGH THE SITE, SERVICES OR TOOLS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICES. YOU UNDERSTAND THAT COSA/REBUS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR SERVICES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COSA AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE SITE; (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COSA/REBUS IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF COSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

 

THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.

 

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

You agree to release, defend, indemnify, and hold COSA/REBUS, including all affiliates and subsidiaries, and all officers, directors, employees and agents of COSA/REBUS directly or any affiliate or subsidiary, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, or Products or your violation of these Terms and Conditions.

 

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in the 12 months prior to the action giving rise to the liability to a maximum of $200.

 

Notices: Except as explicitly stated otherwise, legal notices shall be served to you to the email address you provide to COSA during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

 

Additional Terms: The following policies, including all policies referenced in them, are part of these Terms and Conditions and provide additional terms and conditions related to specific services offered on our site:

 

When using a Service or otherwise accessing on our Site, you are subject to any posted policies or rules applicable to the Service you use through the Site and the Site more broadly, which may be posted from time to time. All such policies or rules are hereby incorporated into these Terms and Conditions.

 

These Terms, the Privacy Policy and the policies and agreements noted above constitute the entire agreement between you and COSA with respect to the Site, the Content, the Products, the Services, your Account, and any information obtained through the Site by communication with COSA personnel.

 

Term and Termination: These Terms will become effective upon your acceptance of these Terms by your use of the Site or the Services, or by registering an Account, and will remain in full force and effect unless and until terminated hereunder. You acknowledge that COSA has the right, in its sole discretion, to terminate your access to the Site, to terminate any Account, remove any inappropriate content that you submit to the Site at any time without notice to you, or limit or deny your access to or participation in any Products or Services offered by COSA without liability to you or any third party, if you violate any of these Terms, violate any rights of COSA, interfere with any other user’s access or use of the Site, or if COSA decides in its sole discretion for any reason that your use is otherwise detrimental to the Site, COSA or its suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact COSA. COSA may decide, in its sole discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. COSA does not have any obligation or liability to you for the performance or non-performance of those activities.

 

General: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these terms and conditions.

 

If you have any questions, comments or concerns about these Conditions, please contact the administration officer by email at information@cosa.life or by post at the address above with attention to the administration officer.