IWANTCHIPS APP TERMS OF USE
Effective Date: December 5, 2021
WHO WE ARE AND WHAT WE DO.
ABOUT THESE TERMS.
HOW TO CONTACT US.
WHO DO THESE TERMS APPLY TO.
NATURE OF BUSINESS DISCLAIMER.
MEDICAL DISCLAIMER.
MINIMUM AGE REQUIREMENTS.
STATE LAWS REGARDING CANNABIS.
GETTING STARTED.
CONDUCTING TRANSACTIONS.
REWARDS.
OWNERSHIP RIGHTS.
YOUR OBLIGATIONS TO US LEGALITY.
ABUSE.
ACCESSIBILITY.
DISCLAIMERS AND LIMITS ON LIABILITY.
ASSUMPTION OF RISK.
DISPUTE RESOLUTION, BINDING ARBITRATION AND JURISDICTION
INDEMNIFICATION THIRD-PARTY LINKS RESERVATION OF RIGHTS.
CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS.
SEVERABILITY.
FORCE MAJEURE.
ENTIRE AGREEMENT.
THESE TERMS MAY BE MODIFIED.
. WHO WE ARE AND WHAT WE DO. Cannopy Corp. (“IWantChips,” "we," "us," or "our") provides a mobile and web-based application that allows users to earn points and track rewards for purchases made from participating vendors (“App”). The App provides an online marketplace for distributors to offer rewards for purchases, and for customers to search and find valid rewards that they qualify for. Through the App, customers and distributors can arrange to make transactions, whereby the customer will go to the distributor’s facility to complete the transaction and pick up any rewards being redeemed. The App provides reward-redemption tracking and product performance data based upon such transactions (all of the above features are the “Services”).
2. ABOUT THESE TERMS. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING. BY USING OUR APP AND SERVICES, YOU, WHETHER A CUSTOMER OR DISTRIBUTOR (“YOU”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY. THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY MAY CHANGE FROM TIME TO TIME, AND IT IS YOUR RESPONSIBILITY TO ENSURE YOU AGREE TO THE TERMS PRIOR TO USING OUR APP AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU MAY NOT USE THE APP OR OUR SERVICES. BY USING AND/OR ACCESSING ANY PART OF THE APP OR SERVICES, AND/OR REGISTERING FOR AN ACCOUNT WITH US, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE 18 YEARS OF AGE OR OLDER; (B) HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY; (C) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY; AND (D) WILL COMPLY WITH THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS.
3. HOW TO CONTACT US. If you have any questions regarding these Terms and Conditions, please contact us at: IWantChips8547 E. Arapahoe Road, #J366Greenwood Village, CO [email protected]
4. WHO DO THESE TERMS APPLY TO? These Terms of Use (“Terms” or “Terms and Conditions”) apply to every person who downloads and/or uses our App and/or Services.
5. NATURE OF BUSINESS DISCLAIMER. IWANTCHIPS IS NOT A DISPENSARY, COLLECTIVE, CULTIVATOR, MANUFACTURER OR DISTRIBUTOR OF CANNABIS PRODUCTS. IWANTCHIPS DOES NOT BUY OR SELL CANNABIS PRODUCTS AND DOES NOT PROCESS PAYMENTS ON BEHALF OF THE SUPPLIER. ANY TRANSACTION ARRANGED THROUGH THE APP SHALL OCCUR UNDER THE TERMS MUTUALLY AGREED TO BY THE CUSTOMER AND THE DISTRIBUTOR. THE SERVICES PROVIDED IN THE APP ARE SET UP SO THAT ONCE USERS OF THE APP SHARE A DESIRE TO MOVE FORWARD WITH A PURCHASE/SALE, THE PARTIES WILL UTILIZE THE SERVICES TO ASSIST IN FACILITATING THE TRANSACTION BUT CONDUCT ALL COMMERCIAL, LEGAL AND PHYSICAL TRANSFERS RELATED TO THE TRANSACTION ON THEIR OWN AND OUTSIDE OF THE SITE. AS SUCH, IWANTCHIPS SHALL NOT BE RESPONSIBLE FOR ANY DISPUTES RESULTING FROM THE TRANSACTION.
6. MEDICAL DISCLAIMER. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE APP IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED, AND SHALL NOT BE CONSTRUED AS, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS.
7. MINIMUM AGE REQUIREMENTS. We do not allow persons under the age of eighteen (18) to use the App. By using the App, you represent and warrant that you are eighteen (18) years of age or over. Further, if you are eighteen (18) to twenty-one (21) years of age, you must have a valid medical marijuana card for the state in which you reside to visit the Site. Otherwise, you must be over twenty-one (21) years of age in all other cases to use the Site unless otherwise allowed by applicable state law.
8. STATE LAWS REGARDING CANNABIS. The App is operated from the United States. The App is intended to be used by residents of states with laws allowing the medical and/or recreational use of cannabis in accordance with regulations related to individual use and governing the actions of medical cannabis collectives, dispensaries and suppliers. You acknowledge that marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing, possession, or interstate transportation of marijuana is illegal. Individuals and companies that engage in one or more of these activities are subject to arrest and/or prosecution under federal law. Moreover, you acknowledge that medical use of marijuana is not recognized as a valid defense under federal laws. IWantChips has no liability for your arrest or prosecution due to your decision to engage in manufacturing, distributing, dispensing, possession, or interstate transportation of marijuana in violation of federal, state or local laws. When using the App, on the App, or when using any content or Services provided by IWantChips, you must obey all applicable federal, state and local laws.
9. GETTING STARTED.
Accessing the App. We make our App available free of charge through third-party application stores, such as the Google Play Store and the Apple App Store. To download our App from the third-party app stores, you will need to set up an account the app store. We have no responsibility for the app stores and assume no responsibility for their collection, use, processing, storing or sharing of data. Please refer to the data privacy statements and terms of use of these providers to understand how they may collect, use, process, store and share your data.
The App can also be accessed via the web on a computer or mobile device with a web browser by visiting iWantChips.com and setting up and account there.
Register for a User Account. You must register for a User Account to use the App. During registration, we will collect your name, phone number, and email address. You will be asked to select a username and password.
Account Types.
Manufacturer Account. To offer goods for sale, or redemption, through the App, you must submit an application to and become approved by IWantChips. The application process is free of charge. The application seeks basic information about you, your company and your products. If approved as a distributor, you will be required to provide additional business information (EIN, etc.). Once your distributor account is established, we will provide you with the capability to request QR codes that can be used through the App and by app users.Vendor Account. To allow for consumers to redeem promotions, users at retail locations will be required to acquire a distributor account. This will allow access to the web portal that will translate QR codes into coupon codes that should be used in the distributors POS (point-of-sales) system when presented with QR codes by consumers using the App.
Consumer Account. To arrange to claim points through the App, you will need to set up a consumer account. This account will also allow users to redeem points for coupons and promotions that can be used at retail locations for discounts or giveaways at participating distributor locations.
Service Fee. Depending on your type of registration, we may charge a service fee for use of the App on a subscription basis. This fee is payable on a monthly basis unless otherwise agreed between you and IWantChips in writing.
License to Access the App. Subject to these Terms and Conditions and our Privacy Policy, IWantChips grants you a limited, non-transferable license to access and use the functionality, features, content and information provided through the App to conduct business transactions and earn rewards. You may not use the App or the Services for any other purpose or in any other manner without first obtaining written permission from IWantChips.
Proprietary Rights. You may not use the contents of the App in any manner or for any purpose that would constitute infringement of IWantChips’, its licensors’, or any other person’s or entity’s intellectual property rights. IWantChips and/or its licensors own all copyrights, patents, trademarks and service marks relating to or appearing on the App. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Updates. Sometimes we may update the App and/or Services to support additional devices, provide enhanced functionality and/or to improve performance, user experience and security.
Use of Personal Data. You acknowledge and agree to IWantChips’ collection and use of your personal information as part of providing the App and Services as set forth in IWantChips’ Privacy Policy.
Account Termination. If you do not use the App for more than 60 days, we may deem your account to be terminated. We also reserve the right to alter or terminate accounts and/or our App and App functionality at any time and in our sole discretion.
10. CONDUCTING TRANSACTIONS. The App is designed to facilitate and track transactions only. IWantChips is not involved in the actual sale of product or collection of payment. The sale and payment are done between users of the App directly (as purchasers and distributors). Once you arrange for a transaction, you will complete the transaction separately and without the involvement of IWantChips. However, once a product is purchased, the distributor will provide the purchaser with a QR code, which the purchaser may scan in the App to track and earn reward points.
11. REWARDS . Upon completing a transaction facilitated through the App, purchasers may scan the QR code provided by the distributor within the App to accrue points (referred to as “chips” inside of the App). Any points consumers accrue will then be stored in a digital wallet within the App. Consumer users may spend points after they’ve accrued them by then producing redemption barcodes from within the App that can be presented at a participating distributor’s location in exchange for rewards. You agree to abide by all applicable laws and these Terms of Use when earning and redeeming awards. IWantChips’ records will be deemed the official records for rewards. If you believe there is an error in your rewards, please contact us at [[email protected]]. IWantChips will review any claimed errors within thirty (30) days. IWantChips’ determination with regard to rewards will be final and made in IWantChips’ sole discretion. IWantChips cannot guarantee points will accrue to your account if IWantChips cannot track the applicable QR codes accurately. IWantChips will do its best to track and allow for redemption of points, however, technical problems and human error can and do occur that prevent us from verifying or adding points. While we try to prevent errors from occurring, we do not guarantee 100% accuracy and cannot be held liable for any such errors.
We reserve the right to modify or discontinue the rewards program and wallet at any time, in our sole discretion. If we modify our program, we will post updates within the App or otherwise provide notification regarding such changes.
There is no equivalent monetary value to points accrued, so if you terminate your account or we modify or terminate your account or our rewards program, your points will be forfeited.
12. OWNERSHIP RIGHTS. The content, layout and functionality of the App are owned by IWantChips and its licensors, and are protected by U.S. copyright and trademark laws.
13. YOUR OBLIGATIONS TO US. In exchange for use of the App and Services, you agree to the following:
You agree not to create false accounts or to provide false information. You represent and warrant that the contact information and account information you provide is truthful at the time you provide it, and that you will update your information as needed.The security of your account is your responsibility. You agree to choose a strong password and keep it private to you. You’re responsible for any and all activity on your account. If you suspect misuse of your account, please contact us immediately.You will not take any steps to improperly alter or circumvent our App, rewards program, or any security features.When using the App, you will obey all applicable laws, as well as IWantChips’ policies. You will not engage in any activities that causes harm or could cause harm to IWantChips, the App or other users of the App and Services.You will not use the App in any way that is not expressly authorized in these Terms and Conditions.You expressly agree to and agree to abide by these Terms and our Privacy Policy.
We reserve the right, in our sole discretion, to terminate the license granted to you if you violate any of these restrictions, as well as to terminate or modify any points accumulated in your account. To the extent permitted by applicable law, we also reserve the right to disclose the identity of anyone violating the above prohibitions or any other provision of these Terms of Use.
14. LEGALITY. You are subject to all laws of the state, local and/or other jurisdiction in which you reside and from which you access or use the App and Services and are solely responsible for obeying those laws and regulations. You agree that IWantChips cannot be held liable if laws and regulations applicable to you restrict or prohibit your participation in the App/Services. IWantChips makes no representations or warranties, implicit or explicit, as to your legal right to use the App or Services, nor shall any person affiliated, or claiming affiliation, with IWantChips have authority to make any such representations or warranties. Please be certain to use the App and Services only after you have determined in good faith that they are in compliance with all local, state and other governing body laws and regulations.
15. ABUSE. IWantChips may undertake, at its sole discretion, with or without prior notice, the following enforcement actions, including (without limitation) account suspension or termination in the event of suspected abuse, failure to comply with these Terms, or failure to comply with applicable law. IWantChips reserves the right to investigate abuse and/or suspected abuse, on a case-by-case basis and to terminate or suspend an individual's or entity’s ability to use the App or participate in any features or programs at its sole discretion.
16. ACCESSIBILITY. We value all of our App users, and it is our goal to provide an excellent experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the App may not be fully accessible because they are provided by third-parties or have errors. If you have comments regarding the accessibility of the App, or would like to report an issue you are experiencing, please email us at [email protected] . You expressly agree to attempt to work with us in good faith to obtain access to our App and that you will not threaten or assert any claims regarding accessibility against us unless you have first provided us with notice of the inaccessibility problem(s) and a thirty (30) day period to remedy the problem.
17. DISCLAIMERS AND LIMITS ON LIABILITY. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE APP MAY INCLUDE INACCURACIES OR MAY NOT OPERATE AS INTENDED. THE APP, SERVICES, AND ALL FUNCTIONALITY AVAILABLE THROUGH THEM ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CHANCES OF WINNING, SUITABILITY, DATA INTEGRITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). IWANTCHIPS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "IWANTCHIPS PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE APP OR ANY RELATED DATA; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A THIRD-PARTY; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); (E) LOSS, USE OR MISUSE OF YOUR DATA. SIMILARLY, IWANTCHIPS PROVIDES NO WARRANTIES REGARDING UPTIME OR ACCESSIBILITY OF THE APP.
18. ASSUMPTION OF RISK. YOUR USE OF THE APP IS AT YOUR OWN RISK. YOU AGREE THAT THE IWANTCHIPS PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE IWANTCHIPS PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO IWANTCHIPS FOR THE USE OF THE APP WITHIN THE SIX MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO IT. IF YOU LIVE IN A STATE OR COUNTRY THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY IWANTCHIPS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE IWANTCHIPS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
19. DISPUTE RESOLUTION, BINDING ARBITRATION AND JURISDICTION . If any dispute arises with regard to the App or Services, you agree to attempt to resolve such dispute in good faith with IWantChips. You further expressly agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You expressly waive any right to participate in any class action. You understand that the App and Services are administered from the State of Colorado, and further agree that any legal action arising from a dispute shall be resolved through binding arbitration, conducted in Denver, Colorado by a qualified arbitrator, selected by the parties from a panel recommended by the American Arbitration Association in accordance with the then existing rules of the American Arbitration Association. Judgment upon any award by the arbitrator may be entered by any state or federal court in Denver, Colorado, USA, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of any such action.
20. INDEMNIFICATION. You agree to indemnify, defend and hold harmless IWantChips and its affiliates, employees, agents, representatives and third party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the App. Such acts may include but are not limited to: submissions, misuse of the App, unauthorized use of the App or data contained therein, or breach the terms of these Terms and Conditions or any applicable law.
21. THIRD-PARTY LINKS. The App may contain links to other third-party websites or advertisements. Such third-party websites and advertisements are maintained by persons or organizations over which IWantChips exercises no control. IWantChips expressly disclaims any responsibility for the content or results from your use of such third-party websites and advertisements.
22. RESERVATION OF RIGHTS. IWantChips reserves the right to discontinue use, access and support to the App, any accumulated points and any Services in its sole discretion.
23. CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS . Electronic communication is the most effective and timely way to provide the users of the App with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copies of any electronic notifications you receive, please contact: [email protected] . To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.
24. SEVERABILITY. If any term or provision in these Terms and Conditions is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms and Conditions in its entirety and the remainder of these Terms and Conditions shall survive with the offending provision eliminated.
25. FORCE MAJEURE . IWantChips shall not be responsible for delays or failure in performance resulting from acts beyond the control of such party, including (without limitation): acts of God, strikes, lockouts, riots, acts of war, acts of terrorism, epidemics, pandemics, fire, communication line failures, power surges or failures, earthquakes or other disasters.
26. ENTIRE AGREEMENT. These Terms, in connection with such other obligations, rules, terms, and conditions, (such as IWantChips’ Privacy Policy), constitute the entire agreement between you and IWantChips and cannot be modified by you. Nothing in this subsection shall be construed to prevent IWantChips from modifying these Terms.
27. THESE TERMS MAY BE MODIFIED. IWantChips may modify these Terms at any time, with the modifications to be effective with respect to the App and Services as soon as any updates are posted in the App. Your continued use of the App and the Services following any such modifications constitutes your acceptance of those modifications. You are responsible for reviewing these Terms periodically and understanding them in exchange for your license to use the App.