TERMS OF USE OF BE LEAF PLANT STORE

Please read the following terms of use carefully (hereinafter “Terms of Use”) of Be Leaf Plant Store inc., company whose registered office is located at 1301- 50 John Street, in the city of Toronto (M5V 3T5), province of Ontario in Canada (hereinafter “BE LEAF PLANT STORE”).

BE LEAF PLANT STORE operates this website (hereinafter the “Platform”). By deciding to use the Platform and BE LEAF PLANT STORE’s services, the user, that is to say the end user or the organisation you represent, or you work for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the running of the Platform, including the “Privacy Policy” (following this document) of BE LEAF PLANT STORE.

These Terms of Use have the effect of legally binding the User and BE LEAF PLANT STORE (hereinafter the “Parties”). The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.

The User accepts and recognizes that BE LEAF PLANT STORE has the right, at any moment and without a previous notice, to modify, change or update the Terms of Use.

The use of the Platform by the User after such a modification means that the User consents to respect the Terms of Use as modified and to be legally bound by them. BE LEAF PLANT STORE will attempt, as far as possible, to inform the Users of any changes to these Terms of Use. However, it is the User’s responsibility to review them regularly to be informed of any changes that may be made.

If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, he must stop using the Platform.

ACCESS AND USE OF THE PLATFORM

If the User browses the Platform, it means that he has read, understood and accepted the Terms of Use.

The Platform is accessible from any computer tool (computer, smartphone, tablet, etc.) and on all browsers.

THE SERVICE

The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. BE LEAF PLANT STORE is not responsible for any interruption of service or updating. BE LEAF PLANT STORE will try to make the updates when the affluence of visits on the Platform is at its lowest.

BE LEAF PLANT STORE does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

BE LEAF PLANT STORE reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. BE LEAF PLANT STORE cannot be held responsible for mistakes, typographical errors, or bugs. Each User created in the system owns the content on his account. BE LEAF PLANT STORE does not delete anything unless a User requests it.

The User agrees, non-restrictively, to not:

Use the Platform in a way that could harm, put out of service, surcharge or jeopardize the Platform;

Disrupt the security or otherwise abuse the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform;

Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform;

Upload, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;

Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Platform;

Use the Platform to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and

Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. The User agrees to respect the legislation applicable to its use of and its activities on the Platform.

INTELLECTUAL PROPERTY

All intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property”) related to the Platform are the exclusive property of BE LEAF PLANT STORE. The User may not copy or use the material, structure, menu, appearance, or characters that appear on the Platform without the express consent of BE LEAF PLANT STORE.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of BE LEAF PLANT STORE.

Without limiting their coverage, the Intellectual Property elements belonging to BE LEAF PLANT STORE include, non-exhaustively, the following elements:

All logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform;
All softwares, APIs and materials made available by the Platform.

Any information provided on the Platform belongs to BE LEAF PLANT STORE and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, used without a license, modified, published, reproduced, reused, sold, transmitted, or used for derivative work means, public or commercial, without BE LEAF PLANT STORE’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Platform.

For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact BE LEAF PLANT STORE at the following e-mail address: benhamou.n[email protected]

Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.

Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

The import, creation, submission, or storage of content by the User grants BE LEAF PLANT STORE a non-exclusive license worldwide, free of charge, transferable, and sub-licensable. This license authorizes BE LEAF PLANT STORE to host, use, modify, reproduce, publish, publicly perform, create derivative works, or distribute the User’s content. Under this license, BE LEAF PLANT STORE may only use the User’s content for the purpose of operating, promoting or improving its services. If the User wish to terminate this license, he simply has deleted his account. However, the content the User has shared will always be visible to other users: he can request its removal, with some reservations, from the contact person, who he can contact at: [email protected]

EXTERNAL LINKS

It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, BE LEAF PLANT STORE provides on its Platform links to other websites only for user-friendly and informative purposes. BE LEAF PLANT STORE has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality, or adequacy. BE LEAF PLANT STORE is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. BE LEAF PLANT STORE has no influence on the content to which the External Links refer to and is not responsible for it. BE LEAF PLANT STORE does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, BE LEAF PLANT STORE does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.

Furthermore, BE LEAF PLANT STORE does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. BE LEAF PLANT STORE does not guarantee the absence of viruses or any other harmful composites on those websites or on their content.

BE LEAF PLANT STORE also does not guarantee the accuracy of documents available on the Internet.

SOCIAL MEDIA

The following conditions are applicable when the User accesses a social media page, an account, a website, network, or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media”).

General statement

By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his parent/legal guardian if he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use, BE LEAF PLANT STORE’s privacy policy as well as Social Media providers’ terms and conditions, if any. The User agrees, however, that BE LEAF PLANT STORE may copy, edit, publish, translate and distribute the User’s commentaries, photos, videos or any other element published on a Social Media, and this without any counterpart.

Terms of use of Social Media

Some comments and other elements displayed on Social Media pages may not represent BE LEAF PLANT STORE’s opinions. Consequently, the User agrees not to publish or submit information, publications, links, or any other element that fit in either one of the categories listed below on Social Media pages:

Any content whose nature is defamatory, offensive, obscene, misleading, illegal or that otherwise violates the rights of others (including privacy rights) in any other way;
any advertising content;
promotional documents or any other form of undesired solicitation;
any content whose origin or source is falsified;
any financial or personal information about the User or anyone else; and
any information that BE LEAF PLANT STORE would judge to be a breach of its Terms of Use.

Any information, message, link, or item that, according to BE LEAF PLANT STORE, enters in either one of the categories listed above will be deleted without holding BE LEAF PLANT STORE liable in any way.

In addition, BE LEAF PLANT STORE does not take responsibility for filtering messages posted on Social Media.

BE LEAF PLANT STORE is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by the User or anyone else regarding the use of Social Media.

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

BE LEAF PLANT STORE does not guarantee the accuracy, completeness, quality, suitability, or content of the information on its Platform. This information is provided “as is”, without warranty or condition of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

BE LEAF PLANT STORE is not responsible for the content posted on the Platform by the User and for any damage that may result. Each User is responsible for the content it exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Ontario and Canada.

When the User is a consumer under the 2002 Consumer Protection Act, the Consumer Protection Act does not allow for the exclusion of warranties and BE LEAF PLANT STORE’s disclaimer of liability for certain damages. In this case, the User has additional rights and is not subject to the limitations mentioned below.

Except where the 2002 Consumer Protection Act is applicable, BE LEAF PLANT STORE shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if BE LEAF PLANT STORE has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

The User will indemnify BE LEAF PLANT STORE, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of BE LEAF PLANT STORE, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and/or the violation of these Terms of Use, whether this infringement is on the User’s behalf or any other third-party user of his account.

The User may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

AMENDMENTS TO THESE TERMS

We occasionally update these Terms. Continued use of this Platform constitutes the User’s agreement to these Terms and to its updates.

However, when the 2002 Consumer Protection Act applies, BE LEAF PLANT STORE will notify thirty (30) days prior to the coming into effect of the modification of the present Users of the Platform. If the User refuses these changes and wishes to no longer use the Platform, he will have no later than thirty (30) days following the entry into force of the amendments to send a notice to BE LEAF PLANT STORE.

CONTACT PERSON

If the User has any questions or comments regarding any content of the Platform, he can contact us at [email protected]

Last update done September 13, 2021.

BE LEAF PLANT STORE PRIVACY POLICY

INTRODUCTION

With the advent of new communication tools, it is necessary to pay particular attention to the protection of privacy. That is why we, “BE LEAF PLANT STORE INC. (hereinafter “BE LEAF PLANT STORE”), are seriously concerned about the privacy of your personal information and we are committed to respecting the information we collect.

BE LEAF PLANT STORE undertakes to respect, in accordance with applicable laws, the obligations regarding the collection and processing of personal and confidential information obtained in the context of the operation of a company so that everyone can benefit from the respect of their private life.

The present privacy policy (hereinafter the “Policy”) describes the information that BE LEAF PLANT STORE may collect from the user, that is to say the end user or the organisation you represent or you work for (hereinafter the “User” or “Users”), in connection with its activities, the purposes for which BE LEAF PLANT STORE collects it, the use it makes of it, and the circumstances under which it can pass them on to third parties. In addition, this Policy indicates the User’s rights regarding the collection, use and communication of its personal information. BE LEAF PLANT STORE agrees not to collect, use, or disclose the User’s personal information otherwise than in accordance with this Policy and applicable laws in Canada and Ontario.

SCOPE OF THIS POLICY

When the User browses BE LEAF PLANT STORE’s website (hereinafter the “Platform”) he agrees to the terms and conditions of this Policy. If the User continues to use the Platform after a new version of this Policy has been posted there, he consents to and will be bound by the changes.

The information BE LEAF PLANT STORE collect is necessary when BE LEAF PLANT STORE provide the User with a service that he has requested. By providing BE LEAF PLANT STORE with this information, the User consents to its collection and use as defined in this Policy.

COLLECTION OF PERSONAL INFORMATION

BE LEAF PLANT STORE may obtain personal information from the User when he saves this personal information on the Platform, or where appropriate, when he discloses this personal information otherwise, such as creating a User account and choosing a password, by logging in as a registered User to the Platform, by launching a product search, by requesting a service, by providing information on his account, by contacting us by phone, email or otherwise, or by completing a form to enter a contest, inventory request, promotion or survey.

We collect the following User information, upon registration:

Surname and first name;
Telephone number;
Email address; and
City.

The User’s personal information will not be retained beyond the purposes for which it was collected. The deletion of the data occurs once the User deletes his account. The User will then have thirty (30) days to recover his data, otherwise, BE LEAF PLANT STORE will delete them permanently.

The Platform is designed for use by adults only, as understood in the province of Ontario. BE LEAF PLANT STORE does not knowingly collect any personal information from anyone under the age of eighteen (18).

For more information on the protection of the User’s personal information and his related rights, the User may contact the Office of the Privacy Commissioner of Canada or the Commission for the Protection of Privacy of Ontario.

• Office of the Privacy Commissioner of Canada www.privcom.gc.ca

• Information and Privacy Commissioner of Ontario www.ipc.on.ca

FORMS AND INTERACTIONS

The User’s personal information may be collected through forms, namely:

Registration on the Platform Form

BE LEAF PLANT STORE uses cookies, as indicated in the “Automatically Exchanged Data” section. BE LEAF PLANT STORE may also keep a record of the User’s product interests and obtain his information from divisions or current or future companies belonging to BE LEAF PLANT STORE.

BE LEAF PLANT STORE may use the User’s personal information in order to:

Process User’s requests, questions and orders and answer their questions;
Stay in contact with the User and provide him with a personalized service at all times;
Communicate with the User (by e-mail, traditional mail or otherwise) and send him advertising material or additional information about the products, services, surveys, contests, promotions and special offers;
Learn more about the User’s purchasing preferences; and
Conduct market and performance research to assess the customer service, measure the performance, enhance the experience provided to the Users and improve the offered products.

If the User has not subscribed to BE LEAF PLANT STORE’s newsletter, he will not receive any e-mails from BE LEAF PLANT STORE, except in special cases (i.e. follow-up or expiry of its subscription, follow-up of its free trial, participation in a contest, etc.).

The User’s information is also collected through the interaction that may be established between it and the Platform and may be used for the following purposes:

Sharing with the Enterprise’s partners;
Sharing to advertisers and/or announcers;
Providing services to the User;
Managing customer accounts;
Providing personal information to business partners;
Managing customer relations and business relationships;
Sharing to third party applications websites or integrations on/or using our products;
Observing regulatory compliance laws and regulations;
Sending information letters;
Sending of promotions;

ADVERTISING INFORMATION

BE LEAF PLANT STORE will contact the User only if he wishes. If the User prefers not to receive any advertising information from BE LEAF PLANT STORE or if he does not want BE LEAF PLANT STORE to use his personal information to enhance his customer experience, please let BE LEAF PLANT STORE know by contacting us at the contact listed in the section “Right of opposition and withdrawal”.

Remember to include the User’s full name and the e-mail address he used when he registered or when he made a purchase from us. There may be a delay in processing time for a request sent by e-mail or traditional mail and the User may continue to receive communications from BE LEAF PLANT STORE in the meantime.

THIRD-PARTY SERVICES

BE LEAF PLANT STORE may use third-party services for the management of its business and its Platform. In no event shall BE LEAF PLANT STORE be held liable for any prejudice that may arise from such third-party services. BE LEAF PLANT STORE invites the User to consult these services’ respective websites, in order to learn about their conditions of use.

AUTOMATICALLY EXCHANGED DATA

BE LEAF PLANT STORE collects certain information during exchanges between the User’s computer and BE LEAF PLANT STORE’s server. Cookies allow the User to connect to the Platform.

This information consists mainly of the following:

Domain name;
IP address; and
Navigation history.

Most of the automatically exchanged data do not allow for the identification of the User. They are collected only because of the technological requirements inherent to browsing the Internet. Most browsers automatically collect cookies, although it is usually possible to modify this setting manually. However, if the User chooses to refuse cookies, he may not be able to identify himself or use certain features of our Platform.

The use of such information allows BE LEAF PLANT STORE to improve the service offered, to personalize the User’s experience and to better track his requests and orders.

This information is also used for:

Process User’s requests, questions and orders and answer their questions;
Stay in contact with the User and provide him with a personalized service at all times;
Communicate with the User (by e-mail, traditional mail or otherwise) and send him advertising material or additional information about the products, services, surveys, contests, promotions and special offers;
Learn more about the User’s purchasing preferences; and
Conduct market and performance research to assess the customer service, measure the performance, enhance the experience provided to the Users and improve the offered products.

These cookies are multiple. Some expire when the User closes his browser and have no prolonged effect while others can be maintained.

INTERNATIONAL COMMUNICATIONS

It is possible that in certain situations, the User’s information is transferred to servers outside of Canada. The User acknowledges that BE LEAF PLANT STORE is not liable for the consequences of such transfer.

SHARING PERSONAL INFORMATION

BE LEAF PLANT STORE undertakes not to sell the collected personal data without the User’s explicit consent. Personal data can exclusively be sold in the context of a partial or total disposal of BE LEAF PLANT STORE’s business to a third party. In such a situation, the disposed data is subject to the same warranties that those contained in this Confidentiality Policy.

Unless otherwise stated in this Policy, the personal information the User provides will not be transmitted to third parties without his permission. However, BE LEAF PLANT STORE sometimes shares this information with partners.

If the User does not wish to have his personal information communicated to third parties or partners, he may opt out at any time, as mentioned in the following section.

WITHDRAWAL AND OPPOSITION RIGHTS

BE LEAF PLANT STORE is committed to offering the User the right to oppose and withdraw his personal information.

The right of opposition is understood as the possibility offered to the Users to refuse allowing their personal information to be used for certain purposes mentioned regarding data collection.

The right of withdrawal is also understood as the possibility offered to the Users to request that their personal information no longer appears, for example, in a mailing list.

The User also has the right to request access to the personal information BE LEAF PLANT STORE has collected about him and to correct any information as needed by contacting the contact person in charge of data management whose information is listed in the section “Contact person” below.

ANTI-SPAM LEGISLATION

BE LEAF PLANT STORE complies with the dispositions of the Canadian Anti-Spam legislation (CASL). The User understands that he or she may expressly or tacitly consent to receive messages from BE LEAF PLANT STORE.

The User understands that he gives his tacit consent during the existing business relationship or the existing non-business relationship; when the User publishes his e-mail address without mentioning that he does not wish to receive unsolicited commercial electronic messages; or when the message is sent in the other circumstances provided for by the regulations under this law.

For the purposes of this Policy, “existing business relationship” refers to a business relationship between two persons, such as a purchase or lease within two years prior to the date the message is sent; an investment or game offered, the bartering of a thing, any contract in effect or expiring during that period, or a request within six months prior to the date the message is sent.

An “existing non-business relationship” is defined as a relationship between two persons other than a business relationship, such as a gift or donation, work done as a volunteer, and a membership, as defined in the by-laws; all within the two years prior to the date the message is sent.

To withdraw your consent or to stop receiving electronic information or communication, please contact us at the following e-mail address: [email protected]

SECURITY

The personal information BE LEAF PLANT STORE collects is kept in a secure environment. BE LEAF PLANT STORE has taken appropriate measures to maintain the confidentiality of personal information and to protect it against loss or theft, as well as its unauthorized access, disclosure, copy, use or modification – taking into account, in particular, its sensitivity and the purposes it is used for. In addition, BE LEAF PLANT STORE requires that each employee, proxy or representative of BE LEAF PLANT STORE complies with this Policy.

In order to ensure the security of the User’s personal information, BE LEAF PLANT STORE uses the following measures:

SSL (Secure Sockets Layers) protocol.

BE LEAF PLANT STORE is committed to maintaining a high degree of confidentiality by incorporating the latest technological innovations and thus ensure the confidentiality of the User’s transactions, in order to protect the User’s personal information and prevent it from being viewed, used or disclosed without authorization.

However, since no mechanism provides absolute security, some degree of risk is always present when communicating personal information over the Internet. If a password is used to protect the User’s account and his personal information, it is his responsibility to keep it confidential.

FRENCH AND ENGLISH LANGUAGE

If a problem of definition or interpretation arises between the English and French versions of this Policy, the English version shall prevail.

APPLICABLE LAWS AND JURISDICTION

The Platform and its content are managed by BE LEAF PLANT STORE from their offices located in the province of Ontario in Canada. The Platform, its content, the Terms of Use and your use of the Platform are regulated by the applicable legislation of Ontario and Canada, without giving effect to any principle regarding conflicts of laws.

You accept that any question or litigation regarding the Platform and your use of it will first be brought before a mediator and, in the absence of a compromise, settled by the courts of the province of Ontario.

If the User is a consumer under the 2002 Consumer Protection Act, then any litigation will be ruled by the law of the province of Ontario and the competent jurisdiction will be determined according to the Ontario Regulation 575/07.

INTERPRETATION

This Policy is governed by applicable Ontario and Canadian laws, including the Privacy Act of Canada. These laws apply without giving effect to any conflict of law principles.

Whenever the context so requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.

DIVISIBILITY

Each provision of this Policy is a separate and distinct whole so that a court decision that any provision of this Policy is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions of this Policy.

CONTACT PERSON

The User may exercise his rights provided in this Policy or he may address any other question or complaint regarding BE LEAF PLANT STORE’s privacy practices by contacting us:

Name: Nathan Benhamou

E-mail: [email protected]

AMENDMENT OF THIS POLICY

BE LEAF PLANT STORE occasionally updates this Policy. Continued use of this Platform constitutes the User’s agreement to this Policy and to its updates.

Last update done the September 13, 2021.