Terms of Service

The following pertains to Hi-Jane members. For Hi-Jane Business Partners, see our Terms of Service for Business Partners.

Hi-Jane – Acceptance of terms and conditions.

Please read these terms and conditions (the “Terms”) carefully before using the services offered by Hi-Jane (“Hi-Jane”, “we”, “us”, “our”). These Terms set forth the legally binding terms and conditions for your use of the websites, mobile applications, widgets, emails, services and any other software application offered by Hi-Jane (the “Service”).

BY USING HI-JANE’S SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DISCONTINUE ALL USE OF THE SERVICES IMMEDIATELY.

IMPORTANT DISCLAIMERS: ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY HI-JANE ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. HI-JANE DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). HI-JANE IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. HI-JANE IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.

HI-JANE DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF HI-JANE’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND HI-JANE-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA HI-JANE’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON HI-JANE’S SOCIAL MEDIA PAGES AND CHANNELS.

The Service

Hi-Jane provides a mobile, location-based direct messaging service, providing e-mail, online, and application and direct notifications of offers, discounts, coupons, coupon codes, promotions, content, notifications, and other information services (the “Offers”) on behalf businesses, merchants, advertisers, and affiliates of Hi-Jane (“Merchants”) of to registered users (see Registration and Eligibility below).

Hi-Jane is not responsible for the redemption, errors, omissions, availability or expiration of Offers. You are responsible for ensuring that the appropriate offer, discount, special pricing, reward, or other consideration is present in the ordering, booking, checkout, or payment process at the applicable Merchant.

All Offers featured as a part of the Service are subject to change without notice. In no event shall Hi-Jane be liable, either directly or indirectly, for the legality of any Offers, the ability of any Merchants to complete the sale or transaction in accordance with the Offers, or direct, indirect, incidental, special, consequential, or punitive damages arising out of inability to access or use the Offers.

Registration and Eligibility

You may browse public parts of the Service without registering, but as a condition to using certain aspects of the Service, you are required to register with Hi-Jane (the “Membership”, or “Account”) by providing accurate and complete registration information (including, but not limited to an email address, password or Facebook-linked authentication). You shall not create any account for anyone other than yourself without such person’s permission.

Hi-Jane reserves the right to refuse registration of, or cancel a Membership at its sole discretion.

You represent and warrant that you are an individual, and are of legal age to form a binding contract. You must be at least the legal age of majority in the country and province or state in which you are using the Service to be eligible to use the Service.

Further, the Service is only available to legal residents of Canada and the United States. Use of the Service is prohibited by individuals governed by European Union rules, directives, or regulations regarding cookie notification, data locality, and General Data Protection Regulation 2016/679.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Service in any way.

You are solely responsible for ensuring the accuracy of your registration information, and for maintaining an up-to-date version of any Hi-Jane mobile applications. Hi-Jane is not responsible for any loss of offer notification due to outdated Membership information, or outdated mobile application installations.

Your mobile device must be present upon redemption of the Offer to identify yourself as having an active Membership. Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

Fair Use Policy

A. The Offers are for holders of a valid Membership only. Each Account holder is entitled to use the Offers in accordance with the terms and conditions of said Offers.

B. Availability of the Offers is subject to change at any time. Merchants may restrict the use of Offers at their discretion. Hi-Jane does not guarantee the frequency or availability of Offers.

C. You agree to comply with the terms and conditions associated with the Offers available on or through the Services.

D. Offers are on a first come first serve basis. Reservations are recommended by all partners to ensure usability of the offer.

Reseller Policy

Hi-Jane denies the right to re-sell offers. Any attempt or action to resell any of Hi-Jane’s offers, services or IP will result in immediate termination of membership or partnership.

Submissions

You acknowledge and agree that any materials, including but not limited to offers, comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to Hi-Jane are non-confidential and shall become the sole property of Hi-Jane.

Third-Party Content

The Service may contain links to web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. Hi-Jane does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. Hi-Jane undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.

Copyright and Trademarks

Hi-Jane is a trademark of GetintheLoop Marketing Ltd. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Service are the property of their respective owners.

Privacy

Hi-Jane’s Privacy Policy is a binding and integral part of these Terms.

Termination

Notwithstanding any provision of these Terms, Hi-Jane reserves the right, without notice and in its sole discretion, to terminate your license and or Membership to use the Service and to block, restrict, and prevent your future access to, and use of, the Service. Additionally, Hi-Jane reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in its sole discretion. Neither Hi-Jane nor its suppliers or licensor’s will be liable to any person or to any third party for any modification, discontinuance, or restriction of the Service.

Warranty Disclaimer

You expressly agree that use of the Service is at your sole risk. Neither Hi-Jane, its Merchants, affiliates, nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Service will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Service, or (ii) the accuracy, reliability or content of any Offers, information or service  provided through the Service.

This Service is made accessible on an “as is” and “as available” basis. Hi-Jane hereby disclaims any and all representations, warranties and conditions whether express or implied, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.

Indemnity

You agree to defend, indemnify and hold Hi-Jane and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Services.

Limitation of Liability

Hi-Jane shall not be liable for property damage, personal injury, loss of profits, interruption of business, or any other special consequential, or incidental damages, based on failure to perform the Services or other breaches of this Agreement, or any other theory of liability. In addition, Hi-Jane shall not be liable for any loss or damages arising out of any use of the Service.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the province of British Columbia, and Canada. For all purposes of these Terms, the parties consent to the exclusive jurisdiction and venue in the Provincial Court of British Columbia. Use of the Service is not authorized in any jurisdiction and that does not give effect to all provisions of these Terms, including without limitation, this section.

Severability

If any part of these Terms is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Modification of Terms

Hi-Jane reserves the right, at it’s sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any Offers, feature, database, or content) at any time by posting a notice on the Service or by sending you notice through the Service or via email. HiJane may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Contact

You may contact Hi-Jane at: GetintheLoop Marketing Ltd., 201 – 540 Cawston Ave, Kelowna, BC, Canada V1Y 6Z2.

Effective Date: October 4, 2018