Terms of Use

IMPORTANT NOTICE FOR CUSTOMERS! THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS; HENCE, PLEASE READ THEM CAREFULLY. 

These terms of use (the “Terms”) apply to each website that post a link to these Terms, including this one (each, a “Site” and collectively, the “Sites” or “Flora Websites”). Flora Brands Inc. and our subsidiaries and affiliates are referred to collectively in these Terms as “Flora”, “we”, or “our”. “You”, “your”, and “user” refer to any person or entity accessing the Sites or using any e-commerce platforms thereon, or any mobile apps, applications and other interactive features or services related to the Sites.

These Terms and our privacy policy (the “Privacy Policy”) govern your use of our Site and provide terms applicable to your purchase of products offered for sale by Flora (each, a “Product”) on the Site. To make these Terms easier to read, the Site and our related mobile apps and other applications (the “Apps”) and other interactive features or services, including our e-commerce platform services therein are collectively called the “Services.” These Terms govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FLORA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. 

1. Agreement to the Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. 

2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the “Dispute Resolution” section, for which you have followed the process in Section 21(g). Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Supplementary Terms. Certain services, promotions, software or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.

5. Who May Use the Services? 

(a) Accounts. You may only use the Services if you are 18 years or older and capable of forming a binding contract with Flora, and not otherwise barred from using the Services under applicable law. For certain features of the Services, you’ll need an account to use them. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account, including, without limitation, all purchase transactions. It’s your sole responsibility to protect your password from unauthorized use. You must notify us immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect, or use the login credentials of other users. Additionally, you may never use another’s account without permission.

[(b) Social Network Services Accounts. You may be able to create your account using your Facebook account or other social network service accounts (each, an “SNS Account“). If you choose this option, we’ll create your account by pulling from such SNS Account certain personal information such as your name and email address and other personal information that your privacy settings in your SNS Account permit us to access. Your use of these third-party services is governed by the terms of use and privacy policies of these third parties. You agree that you won’t disclose your SNS Account login information to Flora and/or grant Flora access to your SNS Account unless you are permitted to do so by the applicable SNS. Flora won’t have any obligation to pay any fees or be subject to any usage limitations imposed by SNS’s.

By linking your SNS Account to your Flora account, you understand that Flora will access, make available, and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content (as defined below) for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personal information that you post to your SNS Accounts and information about your SNS network will be available on and through your account. Please note that if an SNS Account or associated service becomes unavailable or Flora’s access to such SNS Account is terminated by the third-party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your account and your SNS Accounts by account service providers.]

6. Product Purchasing 

(a) Ordering and Payment. When you place an order for any Products via the Services, you agree (i) that Flora may, directly or through a third party payment processor, charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your order (including any applicable taxes, shipping and handling fees and other fees which are relevant for your order) for verification, pre-authorization and payment purposes; and (ii) to bear any additional charges that your bank or other financial service provider may levy on you. 

When your order is accepted by Flora, we will send you an email which will include the details of your order and an order number that you should refer to if you have any questions regarding your order. 

We reserve the right to not process or reject your order in certain circumstances, for example, if your payment method is declined, if we suspect the request or order is fraudulent, or in other circumstances Flora deems appropriate in its sole discretion. We may also limit the order quantity, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. 

We have made every effort to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate. 

All Products descriptions are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made via our Services is void where prohibited. 

[The Services are intended solely for the sale of our Products direct to end consumers, and therefore the purchase of our Products for resale is strictly prohibited. Purchase for resale means the purchase of a Product by someone that resells, or intends to resell, such Product to others (e.g., consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict the sales of our Products to you, cancel your orders, and/or suspend or terminate your account.]

(b) Prices and Taxes. All prices for our Products displayed via the Services are in U.S. dollars and are subject to change at any time without notice. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an order and you are responsible for paying such charges and taxes to Flora.

(c) Shipping and Returns. All Products purchases via our Services are also governed by our shipping, return, and exchange policies located at the footer of our website (“Return, Cancellation & Refund Policy”) which are incorporated into these Terms by reference. Please review all Return, Cancellation & Refund Policy  before purchasing a Product from or entering into any such purchase transaction with Flora. Any Products purchased through an unauthorized vendor cannot be returned or exchanged.

7. Your Content

(a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, and video. Anything (other than Feedback (as defined below)) that you post or otherwise make available through the Services is referred to as “User Content”. Flora does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content. By making any User Content available through the Services, you grant Flora and its affiliates, sub-licensees and assigns, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable (through one or more tiers), non-exclusive, fully paid-up, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered, including all media now known or hereafter devised. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained any appropriate consents and licenses for your use of such features and that Flora and its sub-licensees are allowed to use them to the extent indicated in these Terms.

(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Flora on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. (d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Flora’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content. 

8. Feedback. We value your feedback on the Services and our products, but please don’t send us suggestions for improvements, creative ideas, designs, pitch portfolios or other materials (collectively the “Unsolicited Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Services or products might seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import and otherwise exploit your Unsolicited Ideas for any purpose, without compensation to you. 

9. General Prohibitions and Flora’s Enforcement Rights. You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, Flora’s name, any Flora’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Flora’s express written consent; 

(c) Access, tamper with, or use non-public areas of the Services, Flora’s computer systems, or the technical delivery systems of Flora’s providers; 

(d) Attempt to probe, scan or test the vulnerability of any Flora system or network or breach any security or authentication measures; 

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Flora or any of Flora’s providers or any other third party (including another user) to protect the Services; 

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Flora or other generally available third-party web browsers; 

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 

(h) Use any meta tags or other hidden text or metadata utilizing a Naadam trademark, logo URL or product name without Flora’s express written consent; 

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; 

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 

(n) Impersonate or misrepresent your affiliation with any person or entity; 

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

Flora is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Site and Flora bears no responsibility for your interactions with other users of the Site. Further, Flora is not party to any disputes between you and other users. 

10. DMCA/Copyright Policy. Flora respects copyright law and expects its users to do the same. It is Flora’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Flora will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Flora’s Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement (the “Notice”) and delivering it to Flora’s Designated Copyright Agent. Upon receipt of the Notice as described below, Flora will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. You may submit your Notice to us by providing the following written information: 

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Flora’s Designated Copyright Agent:

By Mail: 3101 Park Blvd, Palo Alto, CA 94306

hello@flora.co

By Email: hello@flora.co (with DMCA Notice in the subject line.) 

Please Note: The preceding information is provided exclusively for notifying Flora about claims of copyright infringement committed using the Site. All other inquiries, such as product or service-related questions and requests will not receive a response though this process.

11. Links to Third Party Sites or Resources. The Services may allow you to access third-party sites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

[12. Terms Specific to Flora Apps.

(a) If you comply with these Terms, Flora grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App(s) on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App(s) solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App(s); (ii) distribute, transfer, sublicense, lease, lend or rent the App(s) to any third party; (iii) reverse engineer, decompile or disassemble the App(s) (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App(s) available to multiple users through any means.

(b) This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

(c) As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside the Apps (the “Push Messages”). If you decide to enable such Push Messages, you agree to receipt of communications from Flora via the Push Messages. Please be aware that third party messaging or data fees may occur relating to these Push Messages depending on the plan you have with your wireless carrier.]

13. Ratings and Reviews. You may provide reviews for our Site and certain products or services offered therein. The reviews are prompted from and managed by an external service named Judge.me Ltd. If you decide to use Judge.me Ltd.’s review tool, you agree to the Judge.me Ltd.’s terms and conditions located at Judge.me - Terms And Conditions including without limitation, Sections 2, 3, 4, 7, and 9. You further represent to us and Judge.me Ltd that your use of the review tool, and any submissions you make are honest, personally made by you, are for non-commercial purposes only, and do not infringe or violate any applicable third party rights, rules, laws, or regulations. We have no control over such reviews. Please note that although we do monitor reviews of our Site and/or our products or services, we do not endorse any such review, nor can we verify the accuracy or authenticity of any reviews.

14. Endorsements and Testimonials. You agree that your User Content will comply with: (i) the Federal Trade Commission’s (“FTC”) Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf); (ii) the FTC’s Disclosures Guide (https://www.ftc.gov/system/files/documents/plain-language/bus41-dot-com-disclosures-information-about-online-advertising.pdf); and (iii) the FTC’s Native Advertising Guidelines (https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses); and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law.

For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Flora, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Services. 

15. No Endorsement. We do not endorse any users of our Services, nor do we endorse any Products or other Flora materials available through or on our Services. In addition, although these Terms require our users to provide accurate information, we do not confirm or attempt to confirm any user's purported identity or any other information or materials that any such user may make available through our Services as content. You are solely responsible for determining the identity and suitability of others who you contact via the Services and assessing the quality of any Product or the veracity of any content. We will not be responsible for any direct or indirect damage or harm (including any personal injury or property damage) resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular person, entity, or other third parties who caused you harm and you agree not to attempt to impose direct or indirect liability on, or seek any legal remedy from Flora with respect to such actions or omissions.

16. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [please insert the relevant email address]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6 (only for payments due and owing to Flora prior to the termination), 7(b), 7(c), 7(e), 8, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23.

17. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES OR THE PRODUCTS IS AT YOUR SOLE RISK. YOU AGREE AND ACCEPT THAT FLORA WILL NOT BE LIABLE UNLESS OTHERWISE EXPRESSLY STATED IN THESE TERMS.

18. Indemnity. You shall indemnify and hold Flora and its officers, directors, employees, agents and other related parties, harmless from and against any direct or indirect claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

19. Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FLORA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLORA OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL FLORA’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO FLORA FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLORA, AS APPLICABLE. 

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLORA AND YOU.

20. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 21“Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Flora are not required to arbitrate will be the state and federal courts located in the County of New York, and you and Flora each waive any objection to jurisdiction and venue in such courts.

21. Dispute Resolution

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, the “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Flora agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Flora are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 

(b) Exceptions. As limited exceptions to Section 21(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and for claims totaling less than [$10,000] we will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 21(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND FLORA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to these Terms or Services” above, if Flora changes any of the terms of this Section 21 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to [please insert the relevant email address]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Flora’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Flora in accordance with the terms of this Section 21 “Dispute Resolution” as of the date you most recently accepted these Terms.

(h) Severability. With the exception of any of the provisions in Section 21(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

22. General Terms.

(a) Reservation of Rights. Flora and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitutes the entire and exclusive understanding and agreement between Flora and you regarding the Services, and these Terms supersedes and replaces all prior oral or written understandings or agreements between Flora and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Flora’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Flora may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by Flora under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. Flora’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flora. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23. Contact Information. If you have any questions about these Terms or the Services, please contact Flora at:

Flora Brands Inc.

hello@flora.co 

+1 (650) 200-0880

PRIVACY POLICY

IMPORTANT NOTICE FOR CUSTOMERS! THIS PRIVACY POLICY AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS; HENCE, PLEASE READ THEM CAREFULLY. 

Flora Brands Inc. (collectively with any of our subsidiaries and our family of brands and affiliates, “Flora,” “we,” “us,” or “our”) has created this privacy policy (the “Privacy Policy”) to help you understand how Flora collects, uses, processes, and shares your personal information, and to help you understand and exercise your privacy rights. Please see the “Contact Us” section below to determine which of our brands or entities you may be shopping with. 

1. SCOPE AND UPDATES TO THIS PRIVACY POLICY 

This Privacy Policy applies to personal information processed by us through our various family of brands and affiliates, including on any of our websites, mobile applications, and other online or offline offerings that post a link to this Privacy Policy. To make this Privacy Policy easier to read, our websites, mobile applications, and other offerings are collectively called the “Services.” 

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect. 

2. PERSONAL INFORMATION WE COLLECT 

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below. 

A. Personal Information You Provide to Us Directly 

We may collect personal information that you provide to us. 

Account Creation. We may collect personal information when you create an account, such as name, email address, username, phone number, gender, demographics information, etc. 

Purchases. We may collect personal information and details about your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We may receive information associated with your payment card information (e.g., your billing details). 

Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty and reward programs, request customer or technical support, apply for a job, or otherwise communicate with us. 

Surveys. We may contact you to participate in focus groups and surveys. If you decide to participate, we may collect personal information from you in connection with the survey. 

Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. 

Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners. 

Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events. 

Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities. 

Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us. 

B. Personal Information Collected Automatically 

We may collect personal information automatically when you use our Services. 

Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services. 

Cookie Policy (and Other Technologies). We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (the “Technologies”) to automatically collect information through your use of our Services. 

o Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.  They are unique to your account or your browser. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on our website regardless of whether you are logged in to your account or not. Session cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. 

o Types of cookies and Technologies. The types of cookies and the Technologies used by us and our partners in connection with our website can be classified into one of five categories, namely ‘essential website cookies’, ‘functionality cookies’, ‘analytics and performance cookies’, ‘advertising and targeting cookies’, and ‘social media cookies’. Cookies do a lot of different tasks to ensure you enjoy your visit to our website, for example, they are used to remember your preferences on our website, to help you navigate between pages more efficiently, to enable you to log into your account more easily and to make sure the adverts you see on our website are relevant to you and your interests. We have set out some further information about each category, and the purposes of the cookies we and third parties set in the following table.

You can block these cookies and the Technologies by changing your browser setting. However, in relation to those that are essential for the operation or improve the functionality of the website, this may impact your use of the website.

Type of cookie What it does
Essential Website Cookies These cookies are essential to provide you with the website and any services available through this website and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.
Functionality Cookies These cookies are essential to provide you with the website and any services available through this website and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.
Essential Website Cookies Functionality cookies record information about choices you’ve made and allow us to tailor the website to you. These cookies mean that when you continue to use or come back to the website, we can provide you with our services as you have asked for them to be provided. These cookies allow us to:
  • Save your location preference if you have set your location on your homepage, if applicable, in order to receive a local weather forecast;
  • Remember settings you have applied, such as layout, text size, preferences, and colors;
  • Show you when you are logged in; and
  • Store accessibility options.
Analytics and Performance Cookies We use performance/analytics cookies to analyze how the website is accessed, used, or is performing to provide you with a better user experience and to maintain, operate and continually improve the website. We use Google Analytics, and Shopify Analytics, which is a web analytics tool that helps us understand how users engage with the website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our website. The reports disclose website trends without identifying individual visitors. For more information on Google Analytics, see here. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout These cookies allow us to:
  • Better understand our website visitors so that we can improve how we present our content;
  • Test different design ideas for particular pages, such as our homepage;
  • Collect information about website visitors such as where they are located and what browsers they are using;
  • Determine the number of unique users of the website;
  • Improve the website by measuring any errors that occur; and
  • Conduct research and diagnostics to improve product offerings.
Advertising and Targeting Cookies As you use our website, you will notice that it features advertising. We allow third party companies, including advertising companies, to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. Cookies also allow us and third parties to know whether you have seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads. We can use information from one device to help personalize your experience on another device.
Social Media Cookies On some pages of our website, third parties that provide applications through our website will set their own cookies to track the success of their applications or customize applications for you. Because of how cookies work, we cannot access these cookies, nor can the third parties access the data in cookies used by us. Some pages of our website will also contain embedded content, such as video content from YouTube, and TikTok, and these sites will set their own cookies. These cookies are used when you share an article using a social media sharing button on our website (e.g., Facebook, Twitter, TikTok) as the social network that has created the button will record that you have done this. If you are logged in to your account with the third party, the third party will be able to link information about you with your actions via cookies.

In addition to the cookies we use on this website, we also use cookies and the Technologies in some emails and push notifications which enable us to understand whether you have opened the email and how you have interacted with it. If you have enabled images, cookies will also be set on your computer or mobile device and will also be set if you click on any link within the email.

o Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. 

Our uses of these Technologies fall into the following general categories: 

Operationally Necessary. This includes the Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality; 

Performance-Related. We may use the Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below); 

Functionality-Related. We may use the Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed; 

Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties. 

Analytics. We may use the Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of our analytics partners include: Shopify Analytics

o Google Analytics. For more information about how Google uses your personal information (including for its own purposes, e.g., for profiling or linking it to other data), please visit Google Analytics’ Privacy Notice. To learn more about how to opt-out of Google Analytics’ use of your information, please click here

C. Personal Information Collected from Other Sources 

Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings. 

Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow you to provide personal information about your friends through our referral service. Our referral services may also allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker). 

3. HOW WE USE YOUR PERSONAL INFORMATION 

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below. 

A. Provide Our Services 

• We use your information to fulfil our contract with you and provide you with our Services, such as: 

• Managing your information and accounts; 

• Providing access to certain areas, functionalities, and features of our Services;

• Answering requests for customer or technical support; 

• Communicating with you about your account, activities on our Services, and policy changes; 

• Processing your financial information and other payment methods for products or Services purchased; 

• Processing applications if you apply for a job we post on our Services; and 

• Allowing you to register for events. 

B. Administrative Purposes 

• We use your information for various administrative purposes, such as: 

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; 

• Measuring interest and engagement in our Services; 

• Improving, upgrading, or enhancing our Services;
Developing new products and services; 

• Ensuring internal quality control and safety; 

• Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;

• Debugging to identify and repair errors with our Services;

• Auditing relating to interactions, transactions, and other compliance activities;

• Sharing personal information with third parties as needed to provide the Services;

• Enforcing our agreements and policies; and

• Carrying out activities that are required to comply with our legal obligations. 

C. Marketing and Advertising our Products and Services 

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. 

Some of the ways we may market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking. 

If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below. 

D. With Your Consent 

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent. 

E. Other Purposes 

We also use your personal information for other purposes as requested by you or as permitted by applicable law. 

De-identified and Aggregated Information. We may use personal information to create de-identified and/or aggregated information, such as location and demographic information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. 

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION 

We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below. 

A. Disclosures to Provide our Services 

The categories of third parties with whom we may share your personal information are described below. 

Service Providers. We may share your personal information with our third-party service providers that help us provide our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services. 

Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services. 

Affiliates. We may share your personal information with our brands and affiliates. 

Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set the Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” 

B. Disclosures to Protect Us or Others 

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity. 

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers 

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. 

5. YOUR PRIVACY CHOICES AND RIGHTS 

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below. 

Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy). 

Text Messages. You may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “Contact Us” below. 

Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device. 

“Do Not Track”. Do Not Track (the “DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor the DNT signals or similar mechanisms transmitted by web browsers. 

Cookies and Interest-Based Advertising. You may stop or restrict the placement of the Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note you must separately opt out in each browser and on each device. 

Your Privacy Rights. In accordance with applicable law, you may have the right to: 

Access to and Portability of Your Personal Information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the “right of data portability”); 

Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information; 

Request Deletion of your personal information; 

Request Restriction of or Object to our processing of your personal information; and • Withdraw your Consent to our processing of your personal information. 

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws. 

6. SECURITY OF YOUR INFORMATION 

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of personal information. 

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you. 

7. INTERNATIONAL DATA TRANSFERS 

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. 

If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth in “Contact Us” below. 

8. RETENTION OF PERSONAL INFORMATION 

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. 

9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS 

This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (the “CCPA”). The CCPA provides California residents with the right to know what categories of personal information Flora has collected about them, and whether Flora disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

Personal Information Collected by Flora

Category of Personal Information Collected by Flora

Category of Third Parties Personal Information is Disclosed to for a Business Purpose

Identifiers

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Protected classification characteristics under California or federal law 

Commercial information

Geolocation data

Sensory data

Professional or employment-related information

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively. 

“Sales” of Personal Information under the CCPA. For purposes of the CCPA, Flora does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age. 

Additional Privacy Rights for California Residents 

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA. 

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth below for additional instructions. 

Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you. If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws. 

De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law. 

10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS 

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below. 

11. CHILDREN’S INFORMATION 

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. 

If you are a parent or guardian and believe your child has uploaded personal information to our Services without your consent, and you wish to review information collected from your child or have that information modified or deleted, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable. 

12. OTHER PROVISIONS 

Third-Party Services. Certain features and functionalities of the Services may link to or allow you to interface, interact, or share information with, access and/or use third-party websites, services, products, and technology (collectively, the “Third-Party Services”). Any information disclosed to or otherwise collected by a Third-Party Service may be subject to the Third-Party Service’s privacy policy. We do not provide or control any aspect of the Third-Party Services and are not responsible for any compatibility issues, errors or bugs in the Services or the Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. We encourage our users to read the privacy policies of each Third-Party Service with which they interact. We do not endorse, screen or approve, and are not responsible for such Third-Party Services. Providing information to or interacting with Third-Party Services is at your own risk. 

Supervisory Authority. If your personal information is subject to the applicable data protection laws of the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority or attorney general if you believe our processing of your personal information violates applicable law. 

EEA Data Protection Authorities (DPAs)

Swiss Federal Data Protection and Information Commissioner (FDPIC)

UK Information Commissioner’s Office (ICO)

13. CONTACT US 

The following are a list of brands or affiliates of Flora covered by this Privacy Policy: Flora, and other affiliated brands we may acquire or launch from time to time. Flora is the controller of the personal information that is processed under this Privacy Policy. 

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at: 

Flora Brands Inc. 

hello@flora.co

RETURN, CANCELLATION & REFUND POLICY

IMPORTANT NOTICE FOR CUSTOMERS! THIS RETURN, CANCELLATION & REFUND POLICY AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS; HENCE, PLEASE READ THEM CAREFULLY. 

Flora Brands Inc. (collectively with any of our subsidiaries and our family of brands and affiliates, “Flora,” “we,” “us,” or “our”) has created this return, cancellation & refund policy (the “RCRP”) to regulate the returns, cancellations & refunds in connection with your order for Products. Please review this RCRP very carefully – and if you find anything in here confusing or unfair, please contact us. We may refer to you as “customer”, “you”, or “your”.

Our Terms of Use (the “Terms”) incorporate this RCRP by reference. Every time you access our Services, you agree to all terms and conditions set forth in this RCRP.   If you do not fully and completely agree with the RCRP, or any aspect thereof, you must stop using our Services immediately and cease from all further use, as set forth in of our Terms.

Capitalized terms used in this refund policy but not defined have the meaning set forth in the Terms.

You acknowledge and agree that, except as herein provided, all product sales are made on a one-way basis; you have no additional right to cancel an order, return a product, or receive a refund or credit for a product purchase.

Shipping policy

Order and shipping confirmation

Once you place an order, you will receive an email confirmation that includes your order number and shipping method. Please make sure your shipping address is correct as we are unable to redirect goods once they are on route to you. We reserve the right to decline or cancel part or all of your Product order at any time, for any reason, with or without cause and/or prior notice.  If we elect to cancel your purchase in whole or in part, through no fault on your end, we will refund all amounts charged in a reasonable timeframe. Orders can take up to 2 business days to be processed and shipped. Once your order is prepared for shipment you will receive a shipping confirmation email with your tracking information. Some of the products we sell are shipped directly by the independent sellers. Please note that in the case of placing an order with multiple sellers, your order may arrive in multiple shipments with different packaging. As we scale and grow, orders from different sellers will be consolidated by our operations team and delivered to your door in a consolidated shipment.

Where we ship

We currently operate in the U.S. and ship to U.S. addresses, and do not ship to PO Boxes/APO/FPO.

Taxes

Applicable sales tax will be charged on merchandise total, where applicable. Taxes are calculated according to shipping destination and itemized on the Order Summary page.

Return policy

Refunds on items eligible for returns are accepted within 30 days of receipt. Items must be returned unopened/unused, with tags, in their original packaging. Any items that are damaged when we receive them are not eligible for a refund. If a returned item is open or used, any refund shall be at Flora’s discretion according to our terms for the refund (which may include setting up an account for a store credit refund). For the avoidance of doubt, we reserve the right to refuse any refund request if you do not make it within 30 days of receipt or if we determine, in our sole discretion, that the refund request may be a violation of the Terms. To the extent legally permitted, we do not provide any warranties with respect to the Products, and we will not refund or replace a defective product. However, you acknowledge and agree that, to the extent legally permitted, all matters relating to any manufacturer’s warranty run strictly between you and the manufacturer; to the extent you wish receive warranty coverage, you agree to follow the instructions included in the manufacturer’s warranty, if any, to obtain warranty service, including but not limited to, as warranty services relates to any Product defects. For returns, log into your account from the area below by entering the email address you used when you purchased the item being returned or contact us at hello@flora.co with your order number. 

Late returns

Any item returned after 30 days of receipt is not eligible for refund. 

Items Not Eligible for Return

Please note that we do not accept returns of products that are specified as non-returnable in its description unless they are faulty. Any exceptions to this policy will be listed under product details on the product page.

Receiving a Refund

A refund will be issued once we have confirmed that you returned the relevant item(s). Any items that are damaged when we receive them are not eligible for refund. Refunds do not include any shipping or handling charges, except in the case of faulty or damaged items. Your refund will be credited to the original form of payment (e.g., credit card, store credit, etc.) used for the original transaction and will be in the amount of the Product price less the return label fee if applicable. However, if we are unable to issue your refund to the same payment method used for the purchase (such as when you cancel or replace your credit card), then we may issue the refund as store credit. Please note that credit card refunds may take up to 10 business days for your bank to complete, depending on their processing times. This can vary greatly between credit card issuers or payment service providers.

Some of the products we sell are shipped directly by the vendor. If this is the case, you will find this information on the item’s product page, in the “Shipping & Returns” dropdown menu, along with information about the return policy for that item. Please note that if your item is shipped from the vendor, we will share the shipping and contact information you provide at checkout with that vendor so that they can complete your shipment.

ACCESSIBILITY STATEMENT

Flora is committed to digital accessibility, and to conforming to the Web Content Accessibility Guidelines (WCAG) 2.1, Level [●] and [●] and complying with Americans with Disabilities Act (ADA) effective communication requirements, and other applicable regulations.

We want to hear from you if you encounter any accessibility barriers on our digital properties. Please contact our Customer Support at hello@flora.co