Terms of Service

These terms and conditions (the 'Terms') govern the use of the BuyWell Care program located at care.BuyWell.com and your relationship with BuyWell, its parent company, subsidiaries, affiliates, partners and assigns (collectively “BuyWell” or “Company) and extend to govern the use of its secure website and mobile content (collectively the 'Site(s)').

In these Terms and on the Sites, as applicable, the terms 'You' and 'Your' refer to the user who has registered for and accessed the BuyWell Sites.

BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS.

1. 1 Use of the Site(s)

BuyWell, authorizes You to use the Sites for convenience and for the purpose of transacting business with BuyWell. BuyWell is an online marketplace for valid medical prescription owners with regulated and licensed producers as defined under the Health Canada Cannabis Act. You acknowledge and agree that at no time is BuyWell purchasing or ordering on your behalf, and that any arrangement is between YOU the patient, customer and the licensed producer. When you register with BuyWell for their Coverage product you agree to give BuyWell the full rights and privileges to use and share your confidential information, which includes but not limited to, your registration form information, medical cannabis prescription documentation and any other information that may be required to accept you as a patient, register you as a patient and for your selected Licensed Producer to fulfill your prescription. You agree to fully release and indemnify BuyWell, its affiliates, partners, agents, directors, from any liability associated with your use of any product procured through these services.

Account Information, Password, Personal Verification Questions and Electronic Signature When You register to use the Sites, you will be asked to provide Your email address ('Login name') and a password. You may select personal verification questions (‘PVQs') from a list of provided options and supply responses which will allow You to reset Your password on the Sites. You agree that the information You provide to BuyWell, Evergreen Pacific Insurance Company, Synergy Health Services and affiliates, in connection with registering to use the Sites and at all other times will be true, accurate, current and complete and will ensure that this information is always kept accurate and up to date. You are responsible for ensuring the security and confidentiality of Your Login name, password and responses to Your PVQs.

At a minimum, you agree to:

• Exercise appropriate care in using Your Login name and password to avoid theft, misappropriation, unauthorized access and unauthorized communication.

• Keep Your Login name, password and responses to Your PVQs confidential and not disclose them to anyone.

• Notify us immediately upon learning that Your Login name, password or responses to Your PVQs has been disclosed or obtained by anyone else or may be known by anyone else, or that unauthorized use of the Sites may be occurring with Your Login name and password.

• Your Login name and password, together, will constitute Your electronic signature ('E-Signature') where You are transacting business with BuyWell, via the Sites. You agree that BuyWell, may use Your E-Signature as a means to authenticate Your identify and to accept without any further verification, all instructions provided by You via the Sites, including but not limited to contracting with BuyWell, renewing or applying for benefits, submitting claims, updating Your personal information and any other transactions conducted within the Sites, as applicable.

You also:

• acknowledge and agree that Your E-Signature is the legal equivalent of Your hand-written signature;

• agree to be liable for all uses of Your E-Signature;

• acknowledge that BuyWell, shall not be required to verify the actual identity or authority of any person that accesses the Sites using Your E-Signature;

• agree to indemnify BuyWell, from and against any loss caused as a result of or in connection with, any unauthorized use of Your E-Signature, or any failure to comply with the above requirements to keep such E-Signature confidential, even if such loss occurs without Your approval or knowledge.

3. 2. The Program

BuyWell offers a unique program to allow customers to purchase items at significant discount and savings. When you provide BuyWell with your credit card you are purchasing Coverage for your prescription. Any information provided to you through BuyWell’s calculators to calculate savings and ongoing membership is for approximation purposes only and do not represent a formal quote or the ultimate cost of your coverage. At the time of your purchase, the full cost of your coverage on a monthly recurring basis will be calculated and provided to you. You agree for BuyWell to charge your credit card for the cost of Coverage monthly on the 20th day of each and every month, or on the anniversary date of your application and agreement to purchase the coverage.

Certain BuyWell.com policies, including price guarantees, satisfaction guaranteed, shipping and delivery policies, do not apply to medical cannabis coverage through the BuyWell care program and terms of services. The Coverage you are purchasing in provided by Markers Financial and BuyWell is acting as its affiliate.

PAYMENTS: When you make a payment to BuyWell Care, you are strictly purchasing coverage for your prescription which provides you with a discount from BuyWell’s licensed partners listed on the site. At no time, does BuyWell accept payment for the purchase or sale of medical cannabis to You. Our policies may be changed from time to time and changes take effect when we post them on the site. When using our site you are subject to any policies on the site at the current time.

In the event that your prescription changes then the cost of your Coverage may be changed as well. Coverage may be updated on a monthly basis. 100% coverage is only offered for “In-Network” licensed producers available through the BuyWell site. Submissions for coverage from purchases made outside of the BuyWell site will be reimbursed at 50% of the coverage amount.

As a condition of Your use of the Sites, you warrant to BuyWell, that You will not use the Sites for any purpose that is unlawful or prohibited by the Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use of the Sites.

All purchases and submissions are subject to review and adjudication. BuyWell and Markers Financial may without notice choose to decline any Coverage request or purchase at any time in their sole discretion by not accepting your payment or by issuing a refund for any payment made at any time, with or without notice to You.

BuyWell and Markers Financial do not make any guarantees about any products or levels of service that you will receive through your selected Licensed Producer. Licensed Producers on the BuyWell Platform act independently of BuyWell and Markers Financial.

Registration for BuyWell Care Coverage grants you an automatic and complimentary enrolment with The International Alternative Health Association (AHA! www.aha.ca). There are no costs fees or obligations to be part of this association. You do however agree that your name email and non-medical information may be shared with them you may receive promotional marketing information from AHA! which can unsubscribe from at any time. AHA! is a registered not for profit entity whose mission is to provide members with complementary information and resources regarding the safe use of medical cannabis and similar products and services.

You agree to assign BuyWell.com and its subsidiaries the right to transmit your personal information including details of your medical prescriptions to any licensed producer on the BuyWell Site. As well BuyWell may market to you information from any license produced on the site in accordance with our privacy policy.

You agree that you have nominated BuyWell as a transmission service. BuyWell is only transmitting information directly from You to the licensed producer that You choose. BuyWell’s services are that of an internet service provided utility and we do not at any time take control of, possession of, or inventory of any product or services that you may order through the BuyWell Care program. Any transaction made on the site is a transaction between You the patient and the Seller (licensed producer). BuyWell is only an advertising platform where sellers are able to sell their products to patients who have disclosed that meet the legal eligibility requirements for the purchase and consumption of the products being displayed.

You must be of legal age of majority in your province to access the site and partake in the BuyWell Care program.

BuyWell may provide pricing, shipping, listing, and other guidance on our website, such guidance is solely informational and you may decide to follow it or not. BuyWell has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

BuyWell may contact you at any telephone number or email that you have provided to us. You agree that such calls may be recorded in accordance with our privacy policy. BuyWell May without further notice or warning and in its sole discretion monitor or record telephone conversation you or anyone acting on your behalf has with BuyWell or its agents for quality control or training purposes or for its own protection.

You Agree that in the event where a product has been shipped or a service rendered and payment for such product or service has not been received or charged back you agree that BuyWell shall be entitled to pass your information to collection agencies and seek any other legal remedy to collect any outstanding monies owed including interest, legal and collections costs to recover any outstanding balances.

BuyWell endeavors to provide a great experience and beneficial service. If at any time you are unsatisfied or have any questions you can email customer service at Care @BuyWell.com.

3. 3. Security

You agree to comply with all security requirements established by BuyWell, from time to time in connection with the use of the Sites and not disable or bypass any security features. Unauthorized attempts to circumvent security features, to use the Sites for purposes other than its intended purposes or to obtain, alter, damage or destroy information or otherwise interfere with the operation of the Sites are not permitted and any evidence of such acts may be disclosed to law enforcement authorities and result in criminal prosecution.

4. 4. Communications by Electronic Means

You consent to engage in electronic communications with BuyWell, including but not limited to fax, online and/or electronic mail or by other electronic means at such numbers or addresses You provide to BuyWell, and that all contracts, notices, disclosures, and other communications that BuyWell, provides to You electronically satisfy any legal requirement that such communications be in writing.

BuyWell, will not be responsible or liable for any loss or damages You may incur if You communicate confidential or other personal information to BuyWell by any means or if BuyWell communicates such information to You by these means at Your request or as a reply to a communication sent by You over the same channel. BuyWell may verify communications or the source of the communications before it accepts them, but it is not obligated to do so.

5. 5. Privacy

Protection of Your personal information and respecting Your privacy is an important matter. Equally important is Your trust in BuyWell. BuyWell, shall adhere to applicable laws regarding privacy and the protection of personal information, and shall maintain appropriate administrative, technical and physical measures to safeguard and secure Your personal information. Please review the BuyWell privacy policy for additional details on its privacy practices and commitment to protecting Your information.

7. 6. ollection of Information

BuyWell may collect and store information from the Site in accordance with its Privacy Policy. This may include information on how You use our products and services, including through BuyWell, and your preferences for certain products, demographics, interests and lifestyle activities. Depending on the device You use or the method You use to interact with BuyWell, BuyWell, may automatically collect digital information about Your device, Your location, and Your use of our Site. Please see BuyWell, Online Privacy Statement.Cookies are small text files that are automatically placed on Your web browser in Your computer by a web server. Cookies contain information that can be retrieved by a web server in the domain that issued the cookie to You. Cookies can make a website more useful by storing information about Your preferences on BuyWell, Evergreen Pacific Insurance Company, Synergy Health Services and affiliates, websites, which allows BuyWell, Evergreen Pacific Insurance Company, Synergy Health Services and affiliates, to provide more useful features for You. BuyWell, may use cookies to track, collect, and store information about Your online activities when You access the Sites or secure websites (such as, for example, the BuyWell.com Customer Portal on BuyWell’s website), or view BuyWell, advertisements hosted on third party web sites.

You consent to BuyWell’s use of cookies to track and collect Your online activity information as it relates to the Site and services or in BuyWell advertisements hosted on third party websites.

8. 7. Applicant Acknowledgements

The Applicant acknowledges that some of the information provided in this document may be shared with our service providers for shipping purposes only.

The Applicant further understands and acknowledges that any Medical Documents that are provided and or sent to a licensed producer within the BuyWell platform can not be returned once registration is complete.

When BuyWell Care connects or refers Applicant to a licensed producer within the BuyWell platform each Licensed Producer may share some personal information collected them, including information provided in this document, with BuyWell care or any other applicable third-party intermediary. The Applicant affirms that he or she ordinarily resides in Canada and that the information in this application and the Medical Document is correct and complete and that the Medical Document that forms the basis for this application has not, to the knowledge of the individual signing the statement, been altered and that the Medical Document is not being used to seek or obtain medical cannabis products from another source. Applicant affirms that any products obtained is for applicants own medical purposes and understands and agrees that their application can only be processed provided that the original of the Medical Document accompanies the application and is received by the licensed producer. In the case where the individual signing is not the Application, they acknowledge they are responsible for the Applicant.

9. 8. Disclaimer and Limitation of Liability

You agree and acknowledge that complete privacy, confidentiality and security may not yet be possible for communication by fax, online and/or electronic mail or by other electronic means. As such, your privacy and confidentiality cannot be guaranteed. Therefore, BuyWell shall not be responsible or liable for any loss or damages You may suffer in connection with the Sites, including any loss of access, reduced access, or unauthorized access to the Sites, or in connection with Your communications to BuyWell, by fax, online and/or electronic mail or by other electronic means and its replies via the same channels.

You waive all rights that You may have to hold BuyWell responsible for in connection with any other use of the Site(s).

Based on the emerging nature of internet transactions and related technology, you agree that these limitations of liability are fair and reasonable and that BuyWell would not have permitted access to or use of the Sites by You if not for Your agreement with the liability limitations and disclaimers set out herein. The aforesaid notwithstanding in no event will BuyWell be liable to You or any third party for any reason whatsoever any amount greater than the fees collected by BuyWell from you in the 3-month period proceeding the incident which lead to such liability.

BuyWell, believes that the information included on the Sites is accurate when it is made available on the Sites. You understand and agree that BuyWell cannot, and does not, guarantee nor ensure the accuracy, completeness, nor authenticity of the Site's contents, Site functionality, or Your transmission of any information or instructions to, or from, the Sites. You agree that neither BuyWell nor any of its affiliated companies, nor any other person associated with the creation or use of the Sites, shall be liable or responsible to any person for any harm, loss or damage whatsoever that may arise in any connection with Your use of the Sites.

The services described, and the information provided, on the Sites may not be available in all regions of Canada, or to persons who are located in jurisdictions outside Canada. BuyWell services are only available in jurisdictions where they may be legally provided. The Sites are located in Canada and nothing in the Sites constitutes an offer or solicitation to anyone in any jurisdiction in which the content or operation of the Sites is not permitted by law.

The information on the Sites is not intended to provide You with any financial, investment, legal, tax, commercial, deposit, or other advice, and You shall not rely upon Sites for that advice.

10. 9. Indemnification

You agree to indemnify BuyWell and hold BuyWell harmless from and against any and all claims made by any person arising in connection with Your violation of these Terms.

11. 10. Amendment

BuyWell, reserves the right to amend the content of the Sites and any or all of the products and/or services provided through the Sites, at any time, with or without notice to You. BuyWell further reserves the right to amend the Terms, at any time, with or without notice to You. Any changes to the Terms will be made available to You through the Sites. By accessing or using the Sites after the posting of changes to the terms, You agree to be bound by such terms, as amended.

12. Records

In the absence of valid evidence of inaccuracy in BuyWell records, your account are conclusive, and You agree to be bound by same. In the event of a discrepancy between the information provided on the Sites and BuyWell recordkeeping system, the information on BuyWell recordkeeping system will prevail.

13. 11. Termination, Suspension or Inability to Access

BuyWell reserves the right, in its sole discretion, to terminate Your access to the Sites or any portion thereof at any time, without notice. BuyWell reserves the right to terminate any or all of the services provided in connection with the Sites at any time without notice to You. BuyWell will have no liability for any damage that may arise as a result of such cancellation.

Any or all of the services available to You through the Sites may periodically be unavailable to You in order to allow for maintenance, updates or other reasonable causes, including causes beyond BuyWell’s control.

You may, as an alternative to utilizing the Sites, access, conduct or cause to be conducted transactions on Your account(s) by telephone, fax or mail, as appropriate, during normal weekday business hours or at any other time these services are made available under Your plan(s).

14. 12. Governing Law

The Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.