Last revised 04/01/2022
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY,
AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS
The following terms and conditions govern all use of the https://paradiseair.ca/
website and all content, services and products available at or through the website
(taken together, the Website). The Website is owned and operated by Paradise Air, its
affiliates, subsidiaries and all related persons. This Agreement sets forth the general
terms and conditions of your use of the Website, systems, software, platforms, API and
the products and services purchased or accessed through this Site (individually and
collectively, the “Services”). The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other operating
procedures that may be published from time to time on this Site by Paradise Air
(collectively, the “Agreement“). Services Agreements and additional policies apply to
certain Services and are in addition to (not in lieu of) this Agreement. In the event of a
conflict between the provisions of a Services Agreement and the provisions of this
Agreement, the provisions of the applicable Services Agreement shall control.
Please read this Agreement carefully before accessing or using the Website. By
accessing or using any part of the web site, you agree to become bound by the terms
and conditions of this agreement. If you do not agree to all the terms and conditions of
this Agreement, then you may not access the Website or use any services. If these
terms and conditions are considered an offer by Paradise Air, acceptance is expressly
limited to these terms. The Website is available only to individuals who are at least 18
years old. If you are not at least 18 years old, please discontinue all use of the Website.
The terms “we”, “us” or “our” shall refer to Paradise Air. The terms “you”, “your”, “User”
or “customer” shall refer to any individual or entity who accepts this Agreement, has
access to your account or uses the Services. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits.
Eligibility; Authority and Responsibility
This Website and the Services are available only to individuals or entities (“Users”) that
have a Retail Operators License under the applicable provincial framework that
authorizes recreational cannabis distribution and can form legally binding contracts
under applicable law. By using this Site or the Services, you represent and warrant that
you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to
form legally binding contracts under applicable law, (iii) hold a current and valid Retail
Operators License under the Alcohol and Gaming Commission of Ontario’s Cannabis
retain regulation (or equivalent from the province or state in which you operate); and (iv)
are not a person barred from purchasing or receiving the Services found under the laws
of Canada or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent
and warrant that you have the legal authority to bind such corporate entity to the terms
and conditions contained in this Agreement, in which case the terms “you”, “your”,
“User” or “customer” shall refer to such corporate entity. If, after your electronic
acceptance of this Agreement, Paradise Air finds that you do not have the legal
authority to bind such corporate entity, you will be personally responsible for the
obligations contained in this Agreement, including, but not limited to, the payment
obligations. Paradise Air shall not be liable for any loss or damage resulting from
Paradise Air’s reliance on any instruction, notice, document or communication
reasonably believed by Paradise Air to be genuine and originating from an authorized
representative of your corporate entity. If there is reasonable doubt about the
authenticity of any such instruction, notice, document or communication, Paradise Air
reserves the right (but undertakes no duty) to require additional authentication from you.
You further agree to be bound by the terms of this Agreement for transactions entered
into by you, anyone acting as your agent and anyone who uses your account or the
Services, whether or not authorized by you.
Your Paradise Air Account and Site.
If you create a blog/site on the Website, you are responsible for maintaining the security
of your account and blog, and you are fully responsible for all activities that occur under
the account and any other actions taken in connection with the blog. You must not
describe or assign keywords to your blog in a misleading or unlawful manner, including
in a manner intended to trade on the name or reputation of others, and Paradise Air
may change or remove any description or keyword that it considers inappropriate or
unlawful, or otherwise likely to cause Paradise Air liability. You must immediately notify
Paradise Air of any unauthorized uses of your blog, your account or any other breaches
of security. Paradise Air will not be liable for any acts or omissions by You, including
any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the
Website, or otherwise make (or allow any third party to make) material available by
means of the Website (any such material, “Content”), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of
whether the Content in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant that: the
downloading, copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret rights, of any
if your employer has rights to intellectual property you create, you have either (i)
received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a waiver as
to all rights in or to the Content; you have fully complied with any third-party licenses
relating to the Content, and have done all things necessary to successfully pass through
to end users any required terms, age verification and requests for consent (as
applicable); the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content; the Content is not spam, is not machine-
or randomly-generated, and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search engine rankings of third
party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing); the Content is not pornographic, does not
contain threats or incite violence towards individuals or entities, and does not violate the
privacy or publicity rights of any third party; your blog is not getting advertised via
unwanted electronic messages such as spam links on newsgroups, email lists, other
blogs and web sites, and similar unsolicited promotional methods; your blog is not
named in a manner that misleads your readers into thinking that you are another person
or company. For example, your blog’s URL or name is not the name of a person other
than yourself or company other than your own; and you have, in the case of Content
that includes computer code, accurately categorized and/or described the type, nature,
uses and effects of the materials, whether requested to do so by Paradise Air or
By submitting Content to Paradise Air for inclusion on your Website, you grant Paradise
Air a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt
and publish the Content solely for the purpose of displaying, distributing and promoting
your blog. If you delete Content, Paradise Air will use reasonable efforts to remove it
from the Website, but you acknowledge that caching or references to the Content may
not be made immediately unavailable.
Without limiting any of those representations or warranties, Paradise Air has the right
(though not the obligation) to, in Paradise Air’s sole discretion (i) refuse or remove any
content that, in Paradise Air’s reasonable opinion, violates any Paradise Air policy or is
in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and
use of the Website to any individual or entity for any reason, in Paradise Air’s sole
discretion. Paradise Air will have no obligation to provide a refund of any amounts
Rules of Conduct.
You acknowledge and agree that:
a) Your use of this Website and the Services, including any content you submit, will
comply with this Agreement, any applicable Services Agreement or policy that may
apply to your Services and all applicable local, provincial/state, national and
international laws, rules and regulations.
b) You will not collect or harvest (or permit anyone else to collect or harvest) any
User Content (as defined below) or any non-public or personally identifiable information
about another User or any other person or entity without their express prior written
c) You will not use this Website or the Services in a manner (as determined by
Paradise Air in its sole and absolute discretion) that:
(i) Is illegal, or promotes or encourages illegal activity;
(ii) Promotes, encourages or engages in the exploitation of children, or any
activity related to the proliferation of child sexual abuse material (CSAM);
(iii) Promotes, encourages or engages in terrorism, violence against people,
animals, or property;
(iv) Promotes, encourages or engages in illicit drug cultivation, distribution or
(v) Promotes, encourages or engages in any spam or other unsolicited bulk
email, or computer or network hacking or cracking;
(vi) Violates the Pharmacy Act (Ontario) or similar legislation, or promotes,
encourages or engages in the sale or distribution of prescription medication
without a valid prescription;
(vii) Violates the Cannabis Control Act (Ontario), Cannabis License Act
(Ontario), the Cannabis Act (Canada) or any of the respective regulations
included thereunder or similar legislation, or promotes, encourages or engages in
the sale or distribution of Cannabis without a retail license;
(viii) Violates the Criminal Code or similar legislation in any manner;
(ix) Promotes or facilitates prostitution and/or sex trafficking;
(x) Infringes on the intellectual property rights of another User or any other
person or entity;
(xi) Violates the privacy or publicity rights of another User or any other person
or entity, or breaches any duty of confidentiality that you owe to another User or
any other person or entity;
(xii) Interferes with the operation of this Website or the Services found at this
(xiii) Contains false or deceptive language, or unsubstantiated or comparative
claims, regarding Paradise Air or its Services.
d) You will not perform any false, abusive or fraudulent activity. You will not perform
any action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load onour infrastructure;
e) You will not copy or distribute in any medium any part of this Website or the
Services , except where expressly authorized by Paradise Air.
f) You will not modify or alter any part of this Website or the Services found at this
Website or any of its related technologies.
g) You will not access Paradise Air’s Content (as defined below) or User Content
through any technology or means other than through this Website itself, or as Paradise
Air may designate.
h) You agree to back-up all of your User Content so that you can access and use it
when needed. Paradise Air does not warrant that it backs-up any Account or User
Content, and you agree to accept as a risk the loss of any and all of your User Content.
i) You will not re-sell or provide the Services for a commercial purpose, including
any of Paradise Air’s related technologies, without Paradise Air’s express prior written
j) You will not circumvent, disable or otherwise interfere with the security-related
features of this Website or the Services found at this Website (including without
limitation those features that prevent or restrict use or copying of any Paradise Air
Content or User Content) or enforce limitations on the use of this Site or the Services
found at this Site, the Paradise Air Content or the User Content therein.
k) You agree to provide government-issued photo identification and/or government-
issued business identification as required for verification of identity when requested to
comply with know-your-client (KYC) requirements or otherwise.
l) You are aware that Paradise Air may from time-to-time call you about your
account, and that, for the purposes of any and all such call(s), you may be subject to
call recording and hereby consent to the same, subject to any applicable laws and our
restrictions and obligations thereunder, including, where permissible, to record the
entirety of such calls regardless of whether Paradise Air asks you on any particular call
for consent to record such call. You further acknowledge and agree that, to the extent
permitted by applicable law, any such recording(s) may be submitted as evidence in any
legal proceeding in which Paradise Air is a party. Further, by providing your telephone
or mobile number, you consent to receive marketing telephone calls from or on behalf of
Paradise Air that may be initiated by an automatic telephone dialing system and/or use
an artificial or pre-recorded voice. You understand that providing consent is not a
condition of purchasing any good or service from Paradise Air. Similarly, by providing
your mobile number, you consent to receive marketing text messages from or on behalf
of Paradise Air that may be sent by an automatic telephone dialing system. You
understand that providing consent is not a condition of purchasing any good or
service from Paradise Air. Message and data rates may apply.
m) Without limiting any of the rights set forth elsewhere in this Agreement, Paradise
Air expressly reserves the right to deny, cancel, terminate, suspend, or limit future
access to this Site or any Services (including but not limited to the right to cancel or
transfer any domain name registration) to any User (i) whose Account or Services were
previously terminated or suspended, whether due to breach of this or any other
Agreement or any Paradise Air policy, or (ii) who otherwise engages or has engaged in
inappropriate or unlawful activity while utilizing the Site or Services (as determined by
Paradise Air in its sole and absolute discretion).
n) If your purchase or account activity shows signs of fraud, abuse or suspicious
activity, Paradise Air may cancel any service associated with your name, email address
or account and close any associated Paradise Air accounts. If Paradise Air, in its sole
discretion, determines that any conducted activity is fraudulent, Paradise Air reserves
the right to take any necessary legal action and you may be liable for monetary losses
to Paradise Air including litigation costs and damages. To contest cancellation of
Services or freezing or closure of an account, please contact Paradise Air Customer
Data Protection and Privacy.
with regard to Your personal information. Paradise Air will not use Your information in
You further agree that, by using the Services after such modifications become effective,
You have agreed to these modifications. You acknowledge that if You do not agree to
any such modification, You may terminate this Agreement. Paradise Air will not refund
any fees paid by You if You terminate your Agreement under this provision. You
represent and warrant that You have provided notice to, and obtained consent from, any
third party individuals whose personal data You supply to Paradise Air as part of the
Services with regard to: (i) the purposes for which such third party’s personal data has
been collected; (ii) the intended recipients or categories of recipients of the third party’s
personal data; (iii) which parts of the third party’s data are obligatory and which parts, if
any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the
data held about them. You further agree to provide such notice and obtain such consent
with regard to any third party personal data You supply to Paradise Air in the future.
Paradise Air is not responsible for any consequences resulting from Your failure to
provide notice or receive consent from such individuals nor for Your providing outdated,
incomplete or inaccurate data.
Payment and Renewal.
By selecting a product or service, you agree to pay Paradise Air the one-time and/or
monthly or annual subscription fees indicated (additional payment terms may be
included in other communications). Subscription payments will be charged on a pre-pay
basis on the day you sign up for an Upgrade and will cover the use of that service for a
monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify Paradise Air before the end of the applicable subscription period that
you want to cancel a subscription, your subscription will automatically renew and you
authorize us to collect the then-applicable annual or monthly subscription fee for such
subscription (as well as any taxes) using any credit card or other payment mechanism
we have on record for you. Upgrades can be canceled at any time by submitting your
request to Paradise Air inwriting.
Fees; Payment. By signing up for a Services account you agree to pay Paradise Air the
applicable setup fees and recurring fees. Applicable fees will be invoiced starting from
the day your services are established and in advance of using such services. Paradise
Air reserves the right to change the payment terms and fees upon thirty (30) days prior
written notice to you. Services can be canceled by you at anytime on thirty (30) days
written notice to Paradise Air.
Availability of Website.
Subject to the terms and conditions of this Agreement and our other policies and
procedures, we shall use commercially reasonable efforts to attempt to provide this
Website and the Services on a twenty-four (24) hours a day, seven (7) days a week
basis. You acknowledge and agree that from time to time this Website may be
inaccessible or inoperable for any reason including, but not limited to, equipment
malfunctions; periodic maintenance, repairs or replacements that we undertake from
time to time; or causes beyond our reasonable control or that are not reasonably
foreseeable including, but not limited to, interruption or failure of telecommunication or
digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that we have no control over the availability of this Website
or the Service on a continuous or uninterrupted basis, and that we assume no liability to
you or any other party with regard thereto.
If your service includes access to priority email support. “Email support” means the
ability to make requests for technical support assistance by email at any time (with
reasonable efforts by Paradise Air to respond within two business days) concerning the
use of the VIP Services. “Priority” means that support takes priority over support for
users of the standard or free Paradise Air services. All support will be provided in
accordance with Paradise Air standard services practices, procedures and policies.
Responsibility of Website Visitors.
Paradise Air has not reviewed, and cannot review, all of the material, including
computer software, posted to the Website, and cannot therefore be responsible for that
material’s content, legality, use or effects. By operating the Website, Paradise Air does
not represent or imply that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. The Website may
contain content that is offensive, indecent, or otherwise objectionable, as well as
content containing technical inaccuracies, typographical mistakes, and other errors. The
Website may also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions,
stated or unstated. Paradise Air disclaims any responsibility for any harm resulting from
the use by visitors of the Website, or from any downloading by those visitors of content
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which the Website
links, and that link to the Website. Paradise Air does not have any control over those
non-Paradise Air websites and webpages, and is not responsible for their contents or
their use. By linking to a non-Paradise Air website or webpage, Paradise Air does not
represent or imply that it endorses such website or webpage. You are responsible for
taking precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. Paradise Air
disclaims any responsibility for any harm resulting from your use of non-Paradise Air
websites and webpages.
As Paradise Air asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on or linked to
by Paradise Air violates your copyright, you are encouraged to notify Paradise Air
accordingly. Paradise Air will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all links to the infringing
material. Paradise Air will terminate a visitor’s access to and use of the Website if,
under appropriate circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of Paradise Air or others. In the case of
such termination, Paradise Air will have no obligation to provide a refund of any
amounts previously paid to Paradise Air.
This Agreement does not transfer from Paradise Air to you any Paradise Air or third
party intellectual property, and all right, title and interest in and to such property will
remain (as between the parties) solely with Paradise Air. Paradise Air, its logo, and all
other trademarks, service marks, graphics and logos used in connection with Paradise
Air, or the Website are trademarks or registered trademarks of Paradise Air or Paradise
Air’s licensors. Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any Paradise Air or third-
Paradise Air reserves the right to display advertisements on your blog unless you have
purchased an ad-free account.
Paradise Air reserves the right to display attribution links such as theme author, and font
attribution in your blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one of our partners,
you agree to that partner’s terms of service. You can opt out of their terms of service at
any time by de-activating the partner product.
If you are registering a domain name, using or transferring a previously registered
domain name, you acknowledge and agree that use of the domain name is also subject
to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”),
including their Registration Rights and Responsibilities.
Paradise Air reserves the right, at its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Website following the posting of any changes to
this Agreement constitutes acceptance of those changes. Paradise Air may also, in the
future, offer new services and/or features through the Website (including, the release of
new tools and resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement.
Paradise Air may terminate your access to all or any part of the Website at any time,
with or without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your Paradise Air account (if you have one), you may
simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid
services account, such account can only be terminated by Paradise Air if you materially
breach this Agreement and fail to cure such breach within thirty (30) days from Paradise
Air’s notice to you thereof; provided that, Paradise Air can terminate the Website
immediately as part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Disclaimer of Warranties.
The Website and Services are provided “as is”. Paradise Air and its suppliers and
licensors hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for a particular purpose,
compliance with laws and non-infringement. Neither Paradise Air nor its suppliers and
licensors, makes any warranty that the Website or Services will be error free or that
access thereto will be continuous or uninterrupted. You understand that you download
from, or otherwise obtain content or services through, the Website at your own
discretion and risk.
Limitation of Liability.
In no event will Paradise Air, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the
cost of procurement for substitute products or services; (iii) for interruption of use or loss
or corruption of data; or (iv) for any amounts that exceed the fees paid by you to
Paradise Air under this agreement during the three (3) month period prior to the cause
of action. Paradise Air shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to the extent prohibited
by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance
and regulations (including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside) and
(ii) your use of the Website will not infringe or misappropriate the intellectual property
rights of any third party.
You agree to indemnify and hold harmless Paradise Air, its contractors, and its
licensors, and their respective directors, officers, employees and agents from and
against any and all claims and expenses, including attorneys’ fees, arising out of your
use of the Website, including but not limited to your violation of this Agreement.
Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
Compliance with Local Laws.
Paradise Air makes no representation or warranty that the content available on this
Website or the Services found at this Website are appropriate in every country or
jurisdiction, and access to this Website or the Services found at this Website from
countries or jurisdictions where its content is illegal is prohibited. Users who choose to
access this Website or the Services found at this Website are responsible for
compliance with all local laws, rules and regulations.
This Agreement constitutes the entire agreement between Paradise Air and you
concerning the subject matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of Paradise Air, or by the posting by
Paradise Air of a revised version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of the Website will be governed by the
laws of the province of Ontario and the Federal laws of Canada, excluding its conflict of
law provisions, and the proper venue for any disputes arising out of or relating to any of
the same will be the state and federal courts located in Toronto, Ontario. Except for
claims for injunctive or equitable relief or claims regarding intellectual property rights
(which may be brought in any competent court without the posting of a bond), any
dispute arising under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc.
(“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration
shall take place in Toronto, Ontario, in the English language and the arbitral decision
may be enforced in any court. The prevailing party in any action or proceeding to
enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this
Agreement is held invalid or unenforceable, that part will be construed to reflect the
parties’ original intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach thereof,
in any one instance, will not waive such term or condition or any subsequent breach
thereof. You may assign your rights under this Agreement to any party that consents to,
and agrees to be bound by, its terms and conditions; Paradise Air may assign its rights
under this Agreement without condition. This Agreement will be binding upon and will
inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about this Agreement, please contact us by email at