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Terms & Privacy

Terms Of Use & Privacy Policy

GENERAL

Your access and use of this website (“Website”) is governed by these Terms of Use, which includes our Privacy Policy (collectively “Terms”), including any content, functionality, products and services offered on or through it. If you are a minor or a resident of the province of Quebec attempting to access or use this Website, you are not permitted to proceed with accessing and using this Website. These Terms are subject to the Cannabis Act and Regulations. By accessing and/or using our Website, ordering and/or purchasing any products or taking advantage of our services, you are indicating your agreement to these Terms. If you disagree with any of these Terms, please discontinue accessing and using the Website. At Medisun Inc’s sole discretion, your right to access and/or use the Website may immediately cease. If you wish to terminate your account with the Website, you may simply discontinue accessing and/or using the Website.

 

SERVICES AND PRODUCTS AVAILABLE THROUGH THIS WEBSITE

Users need to register at our site (“Registered User(s)”) (see below). At the time of registration, users will be asked to generate a user name and a password. All purchases through the Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities of products offered on our Website or limit or restrict the sales of our products or services to any person, household, geographic region or jurisdiction, subject to our regulatory obligations pursuant to the Cannabis Act and Regulations. We do not provide products or services in or to Quebec. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in Canadian dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders, subject to our regulatory obligations pursuant to the Cannabis Act and Regulations. If MEDISUN INC. is of the view that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law. If you purchase medical cannabis from us, you represent and warrant that you will use such medical cannabis only as prescribed by your doctor, and you will not re-sell or otherwise transfer such medical cannabis to any other person. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We will not be held responsible or liable for any failure to complete any orders, or any
resulting harm, loss or damages to you.

 

PATIENT REGISTRATION

You are required to register for an account with us to make medical cannabis purchases through the Website. When you register, you represent and warrant that you will:
(a) provide true, accurate, current and complete information as prompted by the registration functions on the Website (such information being the “Registration Information”); and
(b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete always. If you provide any Registration Information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Website and to refuse any and all current or future access use of the Website.
You are not permitted to allow anyone else to use your account, nor are you permitted to use anyone else’s account. You must keep your account password secure and you must not provide it to anyone else. You agree to immediately notify us if you suspect there has been unauthorized use of your account or some breach of the security of your account. You are solely responsible for all activity that occurs using your account.
We will not be liable to you or to any third party for any access or use (whether authorized or unauthorized) of your account.
You acknowledge and agree that we may access and/or disclose your account and related Registration Information if required to do so by law or if we have a reasonable belief that such actions are reasonably required to: (i) comply with legal obligations imposed on us or any subpoenas, investigative demands, or court orders directed to us; (ii) enforce or fulfill these Terms of Use; or (iii) protect the rights, property or safety of MEDISUN INC., other users and/or the general public. YOU MAY NOT COMPLETE THE REGISTRATION PROCESS FOR AN ACCOUNT WITHOUT AGREEING TO THESE TERMS.

ELIGIBILITY

The Website and the products and services are intended for use only by adult residents of Canada (other than Quebec). If you are not normally resident in Canada or have not yet obtained the age of majority in the province from which you are accessing this Website, you are prohibited from accessing and using this Website and its products and services. Minors are not allowed to register or otherwise access or use the Website.
By registering and/or using the products and services, you represent, warrant and acknowledge:
(i)         that you are ordinarily a resident in Canada;
(ii)        that you are not a minor – that is, you have reached both the age of majority applicable in the jurisdiction from which you are accessing the Website and, in any case, no fewer than eighteen years of age;
(iii)       that you are not aware of any reason why your use of the products and/or services would violate any applicable laws; and
(iv)      that some aspects of the products or services are or may be regulated under the Cannabis Act and Regulations and other applicable laws. To access certain of the products and/or services, either you or an individual for whom you are responsible for must register with MEDISUN INC. as an eligible user within the meaning of the Cannabis Act and Regulations. You hereby agree:
(i)         to provide all information and original versions of such documentation as MEDISUN INC. may require for this purpose (collectively, the “Application”);
(ii)        that you will provide all required documents from your physician or healthcare practitioner and permit the verification of such documents and such physician/practitioner by MEDISUN INC.;
(iii)       that you will provide any registration certificate issued to you under the Cannabis Act and Regulations;
(iv)       that the Cannabis Act and Regulations Registration is always subject to the requirements of the Cannabis Act and Regulations;
(iv)       that MEDISUN INC. may refuse, cancel or terminate the Cannabis Act and Regulations Registration at any time if MEDISUN INC. is of the view in its absolute discretion that:
(a)        any false or misleading information or documentation has been submitted in or with an Application or a request to amend a registration; or

(b)        you are otherwise ineligible to be registered for any reason;
(c)        that MEDISUN INC. has no liability whatsoever for any loss, liability, or damage arising from any refused, cancelled or terminated Cannabis Act and Regulations Registration.
The Application may include additional terms and conditions which will apply to certain of your products or services. In the event of any conflict between those terms and conditions and these Terms, those terms and conditions shall prevail.

 

USER AGREEMENT

Regardless of whether you are a visitor to this site, a casual user or a Registered User,
by using the Website, you are representing to MEDISUN INC. that:
You will not use the Website for any unlawful purpose.
You understand and agree that MEDISUN INC. may discontinue or change the Website.
You understand and agree that MEDISUN INC. uses Google Analytics products.
You also understand and agree that MEDISUN INC. may discontinue or restrict your access or use of this Website for any reason.
You are familiar with and agree to abide by these Terms, including any updates or changes to these Terms.

 

ORDERING OF PRODUCTS

MEDISUN INC. may, in its absolute discretion, limit or cancel any quantities of the products offered on the Website as well as the sales of products or provision of Services to any patient, person, household, geographic region or jurisdiction. The Cannabis Act and Regulations provides order quantity limits for regulated cannabis products.
As per the Cannabis Act and Regulations, you may order up to a 30-day supply with no more than 150 grams per order. Registered patients may order as many times as they like without exceeding their 30-day limit.

For example, if your doctor authorizes 2 grams/day on your medical document, then your 30 day limit would be 60 grams (2 grams x 30 days). Registered patients may order the entire amount, or split it into separate, smaller orders throughout the 30 days. Patients with prescriptions greater than 5 grams per day will need to order multiple times within the 30-days due to the 150 gram maximum per shipment

No single order may exceed 150 grams. MEDISUN INC. will refuse any order exceeding these limits.

No products will be shipped, or services performed until payment has been completed.

 

PAYMENT POLICY

If you wish to purchase any product or service made available through the Website (an “Order”) you may do so using those methods of payments acceptable to MEDISUN INC. (“method”) including VISA, MasterCard, VISA/Mastercard debit, American Express, money orders, and certified cheques. You may be asked to supply the required information for the method relevant to your Order such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to MEDISUN INC. is true, correct and complete. By submitting such information, you grant MEDISUN INC. the right to provide the information to third parties for purposes of facilitating the completion of the Order. MEDISUN INC. reserves the right to refuse or cancel your Order at any time for certain reasons including any error in your Order, non-payment for the Order or other reasons. MEDISUN INC. is under no obligation to seek pre-approval from any public or private insurer or similar entity to invoice such entity on your behalf for any covered products or services but may elect to do so at its absolute discretion upon your request.

 

SHIPPING POLICY

At your request, MEDISUN INC. shall ship your order by Canada Post or by secure courier as is permitted under the Cannabis Act and Regulations. All shipments will be odourless and will contain no indication of the contents or origin of the parcel. All products will be shipped by courier to the shipping address associated with the Account. No products will be shipped outside of Canada. For any specific questions on shipping or other information, please contact info@medisun.ca.

 

RETURN AND EXCHANGE POLICY

All sales are final.
Any refunds and exchanges of cannabis will be done in accordance with the Cannabis Act and Regulations. Subject to any restrictions outlined in the Cannabis Act and Regulations, MEDISUN INC. may, in its sole discretion, accept returns and exchanges of its products only:
(i)         for reason of any defect of the products; and
(ii)        due to any form of adverse reaction to the products by you
We will do our best to address your concerns. Any returns and exchanges of any nature are at the sole discretion of MEDISUN INC.
Any refunds and exchanges of any non-medicinal products will be at MEDISUN INC.’s sole discretion. To complete any refunds or exchanges, MEDISUN INC. will require a receipt or proof of purchase.

 

NO MEDICAL ADVICE

Any information provided on the Website about cannabis, information regarding different strains and types of medical cannabis and their potential suitability for treating and/or dealing with different diagnoses of any nature is provided as general information. Such information is not intended to be medical advice or diagnosis nor is it intended to replace the need to consult a health care practitioner/professional. MEDISUN INC. provides such information for informational purposes only and for discussion between patients and their health care practitioners/professionals who are and will be responsible for any advice or diagnosis and/or have or shall make any decisions regarding treatment including for any medical marijuana. In the event of a medical emergency, call your doctor or 911 immediately.

 

USER TRACKING AND COOKIES

MEDISUN INC. uses Google Analytics features including Real Time Tracking Features, Audience Tracking features and Geographic Tracking Features. These features track user data through cookies. MEDISUN INC. uses this information to better understand our users needs. Users, registered or not, can opt-out of the Google Analytics Advertising Features MEDISUN INC. uses, including through Ads Settings, Ad Settings for mobile apps, or any other available means. MEDISUN INC. encourages users to visit https://tools.google.com/dlpage/gaoptout/ to explore the currently available opt out options.

 

COPYRIGHTS AND TRADEMARKS

The entire content of this Website, including, but not limited to, text, graphics, logos, icons, images, audio clips, videos, interfaces, software and the compilation of these elements is the property of MEDISUN INC., our affiliates, partners or licensors, and is protected by Canadian, United States and International copyright and other intellectual property laws.
You may access and use this Website for personal use only. You may retrieve and display content from this Website on a computer screen, download and print individual pages, and store such pages in electronic form for your own personal, non-commercial use. You may not use, reproduce or distribute all or any portion of this Website publicly or for any commercial purpose, and you may not modify any of the content of this Website.
The trademarks, trade dress, logos, and services marks displayed on this Website are the registered and unregistered trademarks of MEDISUN INC., our affiliates, partners or licensors, in Canada, the United States and other countries, and are protected by Canada, United States and International trademark laws. There may be other trademarks displayed on this Website that are owned by unaffiliated trademark owners. Other than as may be described on our Website, no association, affiliation or sponsorship relationship between MEDISUN INC. and any such third party is either intended or implied by the presence of these third-party trademarks on our Website.

 

NO WARRANTIES OR REPRESENTATIONS

MEDISUN INC. makes no guarantees, representations or warranties of any kind in respect of the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, fully permitted by law. Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. The access and use of the Website are at your sole risk and you assume full responsibility for any costs or losses associated with your access and use of our Website. MEDISUN INC. will not be liable for any damages of any kind related to the access and use of the Website.

In no event will MEDISUN INC., or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your access or use of, or the inability to access or use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations shall apply even if MEDISUN INC. is advised of the possibility of such damages. MEDISUN INC. does not warrant that the product descriptions or that any other content on this Website is accurate, complete, reliable, current, or error-free, or that access or use of the Website will be uninterrupted or secure. Fully permissible pursuant to applicable law, MEDISUN INC. disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, title and non-infringement. MEDISUN INC. is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence or strict liability, in connection with the Website, the Website content, or the products promoted or sold on the Website, even if advised of the possibility of such damages.

 

LINKING

Individual non-commercial users may create a hyperlink to the home page of this Website for personal, non-commercial use only. A website that links to our Website may not (i) create a frame or any other browser or border environment around the content of this site; (ii) imply that we are endorsing or are affiliated with such a site or its services or products; (iii) replicate the content of our Website; (iv) contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) portray our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) link to any page of the Website other than the home page or (vii) otherwise violate any applicable law or regulation. We may in our sole discretion, require that you remove any link to this Website. For the convenience of users, this Website may contain links to other websites that are owned and operated by other or unrelated parties. We have no control over or responsibility or liability for the content of these websites or for the policies or practices of their owners or operators. Links do not imply that MEDISUN INC. sponsors, endorses, is affiliated or associated with any such websites.

 

MEMBER ACCOUNT, PASSWORD AND SECURITY

You must register with this Website and select a password and user name. For security reasons your password must not be disclosed to any other person. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under your password and user name. You agree to:

(a) immediately notify MEDISUN INC. of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MEDISUN INC. cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the Terms.

 

USER CONDUCT

You are responsible for your use of this Website and for your conduct while on the site, including use of any services offered through this Website. While using this Website, you agree not to use any language that is obscene, indecent or offensive in any e-mails. Users are prohibited from placing on the Website any material that is encrypted, and from using any robot, spider, or other automatic device or manual process to monitor or copy any content from or interfere with the proper operation of the Website. Users may not use the Website to create or send any commercial email, junk mail or unauthorized advertising. Furthermore, users may not engage in conduct that interferes with any other user’s use or enjoyment of the Website, invades another’s privacy, encourages actions that would be considered a criminal offense or gives rise to civil liability, or that otherwise violate any applicable law or regulation. You may not interfere in any way with MEDISUN INC’s servers. You agree to use this site solely for lawful purposes and you acknowledge that your failure to do so may result in termination of your access to the site and may subject you to civil and criminal liability.

 

COPYRIGHT COMPLAINT POLICY

MEDISUN INC. expects the users of this Website to respect the copyrights of others.
As well, you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website.
MEDISUN INC. may, under appropriate circumstances and in accordance with these
Terms, terminate the accounts of users that MEDISUN INC. has reason to believe infringes on the copyrights of others.
If you believe that material on the Website infringes a copyright, you may provide written notice to us containing the following information:
(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv)       Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information listed above, or we may not able to process your complaint.
Send your notification of claimed infringement to MEDISUN INC. for copyright complaints as follows: info@medisun.ca
Or by Mail:
MEDISUN INC
6640 Rivard Line,
Grande Pointe, ON
N0P 1S0
Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by MEDISUN INC. necessary or appropriate to process your notification.  This may constitute an exception to our Privacy Policy.

 

VIOLATIONS OF TERMS OF USE

MEDISUN INC. may, at its discretion, terminate the access of any user who violates the conditions stated in these Terms, including but not limited to, the posting of prohibited content, conducting any activity while on the site that violates any law or legal obligation of the user, interfering with MEDISUN INC.’s server, violating any copyright or other right of any third party.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGMEDICA BIOSCIENCE INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AGMEDICA BIOSCIENCE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, THE PRODUCTS OR THE SERVICES WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all the above disclaimers, exclusions, or limitations, may not apply to you and MEDISUN INC.’s liability will be limited to the maximum extent permitted by law.

 

RELEASE

You hereby release MEDISUN INC. and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, the products and/or the services including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Website or any MEDISUN INC. products or services. This Privacy Policy governs the manner in which MEDISUN INC. collects, uses, maintains and discloses information collected from users of the Website. This privacy policy applies to the Website and all products and services offered by MEDISUN INC.

 

ADDITIONAL GENERAL TERMS

ENTIRE AGREEMENT

The Terms constitute the entire agreement between you and MEDISUN INC. and govern your use of the service and the Website, superseding any prior agreements between you and MEDISUN INC. You also may be subject to additional terms and conditions that may apply when you use or purchase goods or services from this Website or from third parties through this Website.

CHOICE OF LAW AND FORUM
The Terms and the relationship between you and MEDISUN INC. shall be governed by the laws of the province of Ontario and Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario and waive any venue or inconvenient forum objections to such courts.

WAIVER AND SEVERABILITY OF TERMS
The failure of MEDISUN INC. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is/are found by a court of competent jurisdiction to be invalid, you and MEDISUN INC. each agree that the court should endeavor to give effect to our intentions as reflected in the relevant provision, and that the other provisions of the Terms should remain in full force and effect.

CANADA USERS
We make this website available to users in Canada. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from you in a variety of ways, including, but not limited to, when you visit our Website, register on the Website, fill out a form, and in connection with other activities, services, features or resources we make available on our Website. You may be asked for, as appropriate, name, email address, mailing address, phone number. We will collect personal identification information from you only if you voluntarily submit such information to us. You can always refuse to supply personally identification information, except that it may prevent you from engaging in certain Website related activities.

NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about you whenever you interact with the Website. Non-personal identification information may include the browser name, the type of computer and technical information about your means of connection to the Website, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES
The Website may use “cookies” to enhance your experience. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Website may not function properly.

HOW WE USE COLLECTED INFORMATION
MEDISUN INC. may collect and use your personal information for the following purposes:
– To improve patient service
Information you provide helps us respond to your requests and support needs more efficiently.
o To personalize user experience
We may use information in the aggregate to understand how our users as a group

 

Responsible Use

Canada’s Lower-Risk Cannabis Use Guidelines (LRCUG)

When choosing to use cannabis, you can actively take steps to reduce risks to your health. Below are 10 science-based recommendations for how to do so:
1. Cannabis use has health risks best avoided by abstaining
2. Delay taking up cannabis use until later in life
3. Identify and choose lower-risk cannabis products
4. Don’t use synthetic cannabinoids
5. Avoid smoking burnt cannabis – choose safer ways of using
6. If you smoke cannabis, avoid harmful smoking practices
7. Limit and reduce how often you use cannabis
8. Don’t use and drive, or operate other machinery
9. Avoid cannabis use altogether if you are at risk for mental health problems or are pregnant
10. Avoid combining these risks

 

Health Risks Of Cannabis Use

There is strong scientific evidence that cannabis use is associated with a variety of health risks.
The risks depend on your constitution, which kinds of cannabis products you use and how or how often you use them.
Some of the main health risks are:
 Problems with thinking, memory or physical co-ordination
 Impaired perceptions or hallucinations
 Fatal and non-fatal injuries, including those from motor-vehicle accidents, due to impairment
 Mental health problems and cannabis dependence
 Chronic respiratory or lung problems
 Reproductive problems

 

Anti Spam Policy

Intent

MEDISUN INC. will ensure that it acts in accordance with Canada’s Anti-Spam legislation (CASL) any time our organization:
 Makes use of commercial electronic messages (CEMs);
 Produces or installs computer programs; and
 Is involved with the alteration of transmission data.

Definitions

Commercial Electronic Message (CEM): an electronic message that, having regard to the content of the message, the hyperlinks in the message to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity, including an electronic message that:
(a) offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land;
(b) offers to provide a business, investment or gaming opportunity;
(c) advertises or promotes anything referred to in paragraph (a) or (b); or
(d) promotes a person, including the public image of a person, as being a person who does anything referred to in any of paragraphs (a) to (c), or who intends to do so. Electronic Address: means an address used in connection with the transmission of an electronic message to:
(a) an electronic mail account;
(b) an instant messaging account;
(c) a telephone account; or
(d) any similar account.

Commercial Activity: means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in the expectation of profit, other than any transaction, act or conduct that is carried out for the purposes of law enforcement, public safety, the protection of Canada, the conduct of international affairs or the defence of Canada. Implied Consent: means it is reasonable to conclude you have someone’s permission to send them a CEM based on prior relationships (existing business relationships or existing non-business relationships).

Express Consent: means that someone actively gave you permission to send them a CEM, either orally or in writing. Existing Business Relationship: exists only where the recipient of a CEM has:

1. Purchased, leased or bartered products, goods, services or land from the sender within two years before a message is sent;
2. Accepted a business, investment or gaming opportunity from the sender within two years before a message is sent;
3. Has an existing written contract with the sender about a matter other than in numbers one or two, or such a contract expired in the two years prior to the message; or
4. Made an inquiry or application for products, goods, services, etc. within six months before the message is sent.
Existing Non-Business Relationships: exist only where the recipient:
1. Donated, gifted, or volunteered for a registered charity or political party who sends the message; or
2. Is a member in a club, association or voluntary organization that sends the message and is operated for social welfare.

 

Guidelines

MEDISUN INC. understands the goal of the anti-spam legislation in Canada is to deter damaging and misleading forms of spam. To achieve the goals of CASL, MEDISUN INC. will act in compliance with the legislation. MEDISUN INC. realizes that education and awareness are the keys to ensuring the right steps are taken to combat spam and will make sure that the necessary parties within the organization become aware of CASL and the various rules and regulations that the legislation outlines.
Commercial Electronic Messages (CEMs)
Commercial electronic messages (including email marketing) will be based on a consumer opt-in approach. MEDISUN INC. will gain consent to send commercial electronic messages prior to sending them, unless we have a pre-existing business relationship with the consumer, in which case, consent is implied.

MEDISUN INC. will ensure the following practices are followed when using electronic messaging for marketing purposes:
 Determine generally how CASL applies to the company’s operations, advertising, IT, and marketing activities particularly.
 Train necessary members of the organization about CASL and implement policies for compliance.
 Create a comprehensive list of categories of CEMs sent out by the organization.
 Create a comprehensive inventory of all current contact lists to determine whether consent is express, implied or a CASL exception applies. This list should be maintained and updated, as needed.
 Create an adequate system that records each instance of express consent obtained. If consent is written, MEDISUN INC. will record when, why, and the way it was obtained. If consent is oral, MEDISUN INC. will retain a complete and unedited audio recording or determine a means of verifying with an independent third party.
 Ensure that all sign-up forms have clear language asking for permission to send future electronic messaging, clearly identify that MEDISUN INC is asking for that consent, indicates that there will be an option to easily unsubscribe and lists a valid mailing address, phone number and email address for MEDISUN INC.
 Establish a procedure for maintaining a list of recipients who gave implied consent. Because implied consent expires at the two-year anniversary of a transaction MEDISUN INC. will upgrade implied consent to express consent before this two-year anniversary as express consent does not have an expiry date, unless the recipient unsubscribes.
 Create compliant unsubscribe mechanisms to meet requests.
 Create standardized templates that CEMs must utilize. Each template should include the mandatory identity and contact information, along with a compliant unsubscribe mechanism.
 Practice due diligence while constantly establishing procedures for monitoring the organization’s compliance and responding to violations.
Installation of Computer Programs
MEDISUN INC. will comply with Section 8 of CASL, which focuses specifically on the installation of computer programs on another person’s computer during commercial activity and came into force on January 15, 2015. In order to install or direct the installation of a computer program, MEDISUN INC. will receive express consent before installation, following all guidelines that apply.
Alteration of Transmission Data
MEDISUN INC. will not participate in the unauthorized alteration of transmission data. Unless express consent has been received, no technical measures will ever be used to redirect or deliver a message to a destination other than, or in addition to, the one specified by the sender.