1. Accepting these terms
This document, our rules, policiesand the other documents referenced make up our Terms and Conditions (“Terms”).The Terms are a legally binding contract between you and Service Ganja. Thiscontract sets out your rights and responsibilities when you use ServiceGanja.com.Please read them carefully.
BY USING OUR SERVICE, YOU’RECREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
We may amend the Terms at any timeby posting a revised version on our website. The revised version will beeffective at the time we post it. If we change the Terms in a way that reducesyour rights or increases your responsibilities, we will provide you with anotification.
You are granted a non-exclusive, limitedand revocable license to access the website and use its functionality on thecondition that:
(a) You are over the age of 18;
(b) You only use the website for lawfulpurposes;
(c) You do not engage in any improper,indecent or offensive behavior while using the website;
(d) You are not breaking any law in yourrelevant jurisdiction by accessing this website;
(e) You will treat the website and itsusers with respect and will not partake in any conduct that could be consideredbullying, harassment, degradation, insulting or otherwise demeaning to thehuman standard of any other person (as determined by us).
4.Neutral Venue, No Medical Advice
Our Serviceoffers marijuana POS systems for dispensaries and deliveries. We disclaim all liability arising out ofusers’ transactions, interactions and content. We do not endorse any particularuser of our platform. Nothing in our Service constitutes medical advice orforms a doctor-patient relationship between you and us. Do not delay medicaltreatment because of anything you read on our Service.
5. Intellectual Property
Our IP. All Service contents,registered and unregistered trademarks, designs, information and images (the“Intellectual Property”) belong to us and our content suppliers. TheIntellectual Property is protected by international trademark, copyright,privacy, and other intellectual property laws. You obtain no interest inthat Intellectual Property. All rights not expressly granted under these Termsare reserved by us. Unless expressly stated otherwise, you shall not copy,reproduce or replicate any Intellectual Property.
Copyright Infringement Claims.Unauthorized copying, distribution, modification, public display, or publicperformance of copyrighted works is an infringement of the copyright holder’srights.
You agreethat you will not use our Service to infringe anyone’s intellectual propertyrights.
By usingthis Service, you represent, warrant and agree that:
1. You will only use the Service forlegal purposes and you will remain responsible for complying with all laws andregulations applicable to your use of the Service, products and servicesordered through it.
2. You will not submit false ormisleading information to the Service.
3. Our Service may containtypographical errors or other inaccuracies.
4. You will not submit unsolicitedbulk or commercial messages ("spam") to our Service, other users oranyone else. Any unsolicited message must also not direct the recipient to anythird party site or other resource.
5. We have the right to refuseaccess, service or disable your account on our Service at any time for anyreason or no reason without notice, explanation or liability of any kind.
6. You will not use our Service tostalk, harass or defame anybody.
7. You may not use any web spiders,bots, indexers, robots, crawlers, harvesters, or any other automatic process toaccess, acquire, copy or monitor any portion of the Service or any content, orin any way reproduce or circumvent the navigational structure or presentationof the Service or any content.
8. You will not interfere with theproper working of the Service. You will not impersonate any other person orentity; submit any false, defamatory, offensive, harassing material, or anymaterial that violates another party's rights of privacy and publicity.
7. Remediesfor breach of these terms
We maytake any action that we deem necessary or appropriate if we believe that any userviolates the Terms and Conditions, infringes any intellectual property right,privacy right or confidentiality principles, threatens anybody’s personalsafety or uses offensive language. We may: (i) disclose user’s identity to lawenforcement agencies, to any third party claiming violation of theirintellectual property or privacy right, (ii) block user’s IP address, notifyuser’s Internet Service Provider, (iii) take any other action provided for inthese Terms and Conditions or available under equity or law.
Since wecannot ensure that all material submitted to us is accurate and free of thirdparty claims, we assume no liability for any action or inaction regardingtransmissions, communications or content provided by any user or third party.
8. Disclaimerof warranty; limitation of liability
THISSERVICE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOTRELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SERVICE WITHOUT FIRSTMAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DONOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTSAND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OFPERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANYEXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR APARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS ORTHAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OFTHIS SERVICE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS ORAPPROPRIATENESS RELATING TO THE CONTENT OF THIS SERVICE.
WE SHALLNOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIALDAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY ORFAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NOCLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THEUNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFCERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTALOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agreeto defend, indemnify and hold harmless our company, its officers, directors,employees and agents, from and against any and all claims, damages, obligations,losses, liabilities, costs or debt, and expenses (including but not limited toattorney's fees) arising from: (i) your use of and access to the Service; (ii)your violation of any provision of these Terms; (iii) your violation of anythird party right, including without limitation any copyright, property, orprivacy right; or (iv) any claim that one of your user submissions causeddamage to a third party.
10.Service Activation, Support & Security
Activation. We will provide you with instructions on how to configure the Service. We willsupply, at no extra cost to you, all manuals, training materials, guides,technical design, functional specifications manuals and other relevantmaterials and documentation (the “Documentation”). You may download, print orcopy the Documentation as needed, provided all copyright notices are included.You acknowledge that we shall not be liable for any damages arising out ofconfiguration and setup procedures, even if we assisted with the configuration.
Access. You, tothe extent of your control, shall be responsible and liable for any and allaccess to and use of the Services by your end users. You understand andacknowledge that Service Ganja is not responsible for maintaining accounts andpasswords of end users.
Uptime Guarantee.We warrant that the Service will be available at least 99.95% of the time inany given month (the “Uptime Guarantee”).
Support. We will make commercially reasonable efforts to have the Service available atall times, excluding scheduled maintenance down time, upgrades or new releases.We provide 24/7 ticketing support. Phone support: 7am-9pm Mon-Fri, 9am-7pmSat-Sun. However, we do not guarantee that the Service will operatesuccessfully 100% of the time or that our technical support will successfullyresolve all of the issues, especially where the Service may be affected byother systems of customer or of any third party.
Security. We willimplement reasonable security measures to protect your data and will, at aminimum, utilize industry standard security procedures. We do not storeany personal information or images received from you unless requested by youfor purposes of support, and all personal information and images are deletedafter the support issues are resolved.
We may refresh the substance on thisWebsite occasionally; however its substance isn't really finished orcutting-edge. Any of the material on the Website might be obsolete at somerandom time, and we are under no commitment to refresh such material.
Service Ganja reserves the right tochange, suspend, limit or discontinue any of its Services, in whole or in partat any time for any reason, without notice (unless required by law).
We may refuse service to anyone and mayterminate or suspend your services and your access to the website in whole orin part at any time, for any reason, without notice unless required by law.
If we terminate, limit or suspendyour access to our website:
· Youdon’t have a contractual or legal right to continue to use our website.
This Agreement contains the entireagreement and understanding among the parties hereto with respect to thesubject matter hereof, and supersedes all prior and contemporaneous agreements,understandings, inducements and conditions, express or implied, oral orwritten, of any nature whatsoever with respect to the subject matter hereof.The express terms hereof control and supersede any course of performance and/orusage of the trade inconsistent with any of the terms hereof.